Mental Health Act and Mental Capacity Act Flashcards
What year did the Mental Health Act come out?
2007
What can the MHA achieve?
Allows patients to voluntarily present to a mental health team and receive treatment and also gives health care professionals the right to detain and treat psychiatric patients against their will. It can only be used to treat mental health problems.
What are the main principles of the mental health act?
Behaviour is due to a mental disorder
The person is at acute risk to themselves or others
The person has refused voluntary treatment
Other options have been considered
There must be appropriate treatment available to the patient
What is the ‘nearest relative’?
Legal definition of who is able to make decisions for the patient while they are on section.
They also have the power to remove the section and go against doctor’s wishes if a panel of doctors allows.
What is a section 5.4?
Power granted to a mental health nurse to detain a patient for up to 6 hours for medical assessment where a mental illness is suspected.
What is a section 5.2?
Power granted to a responsible clinician to detain a patient for up to 72 hours with no appeal. It can only be used in an inpatient environment and no treatment can be enforced on the patient
What is a section 2?
Two doctors and a mental health nurse have the power to section a patient for 28 days for assessment and treatment of a psychiatric disorder. A patient can appeal within 14 days of their section. Can be done as an out-patient but not in a prison.
What is a section 3?
Two doctors and a mental health nurse have the power to section a patient for 6 months for the treatment of a mental health disorder to alleviate the condition or prevent deterioration. Can be done in the community or inpatient but not in a prison. Are able to appeal the section. Are eligible for section 117 care.
What is section 117 aftercare?
If sectioned under section 3 of the MHA a patient is entitled to aftercare from the local authority for free which includes free carers and free care home.
What is a CTO under the MHA?
A CTO (community treatment order) is when a patient on a section 3 is well enough to leave hospital but will not adhere to treatment after they leave. It lasts for 6 months. The patient can be recalled to hospital if they do not comply with treatment.
What is a section 4?
Used for compulsory admission in an emergency situation. when a second medical opinion cannot be obtained. It lasts for 72 hours during which a full assessment for a Section 2 or 3 is made. There is no right to appeal.
What is a section 136?
Police power to remove a person to a place of safety from a public place for up to 72 hours. The police have to stay with the person and a doctor can come and assess then if a MHA section is required. Can also be used to remove drunk patients who need to sober up
What is a section 17?
Provision for leave whilst detained in hospital under a section 2 or 3. Initially the leave is supervised but can eventually go unsupervised. It must also be used if the patient is transferred to a medical ward.
What is the mental capacity act?
Used when a person who lacks capacity needs to have urgent medical treatment. It can be used on any type of patient but only on people aged 16 and over.
What are the 5 key principles of the mental capacity act?
Capacity is assumed until proven otherwise
The person must be aided to try and make a decision before the MCA is used
Patients are entitled to make unwise choices
Decisions made for people who lack capacity must be in the patients best interests
Decisions should be the least restrictive option
