Mental health act N Ting Flashcards

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1
Q

What does the mental health act allow

A

Compulsory admission of those who are mentally ill

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2
Q

What is section 2? How long does it last? Who must it be signed by?

A

An assessment order
28 days
2 doctors And AMP (approved mental health practitioner)

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3
Q

How long between examination by the 2 doctors in section 2? What other rules around doctors?

A

Max 5 days
2 Drs cant be from same organisation
One must have previously known the patient

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4
Q

Can a section 2 be renewed ?

A

No

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5
Q

Who are the usual 2 Drs in section 2 ?

A

Gp and psychiatrist

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6
Q

Do you have to disclose the mental disorder in a section 2

A

no

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7
Q

Can you give treatment against the patient will in section 2

A

Yes - its part of the assessment process

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8
Q

What is a section 3? How long does it last for?

Who has to sign it?

A

Treatment order
6 months
2 doctors and a ASW

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9
Q

Who must be consulted in a section 3? why?

A

The approved social worker must seek the consent of the nearest relative as the patient cannot be detained if the relative objects

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10
Q

Can a section 3 be renewed?

A

Yes

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11
Q

Do you have to disclose the mental disorder in a section 3

A

Yes Eg, psychosis, mental impairment

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12
Q

What has to happen after 3 months of a section 3

A

The patient has to consent to treatment
OR
A third doctor has to review the patient and give their consent for treatment

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13
Q

Who can discharge a patient from section 2 / 3 ?

A

The Registered medial officer
Hospital manager
The nearest relative can ask (but this is unlikely to work)

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14
Q

When can appeals be made for section 2 / 3

A

2 - within 2 weeks

3 - within 6 months

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15
Q

What is a section 4? How long does it last? who has to sign it?

A

Emergency order
72 hrs
Doctor and a AMP

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16
Q

What usually happens with a section 4?

A

Converted into a section 2

17
Q

Can you give treatment without patients consent in section 4? What else do you have to do? Who do you need?

A

No
Only 1 doctor
Need to explain why not section 2 - ie it is an emergency

18
Q

What is a section 5? When is it usually used ?

A

Compulsory detention of a patient who has come to hospital voluntary

When they attempt to leave the hospital

19
Q

What is a section 135 ? When is it used ? how long does it last for?

A

Police enter a patinets premises and remove them to a place of safety (force can be used)
72hrs

20
Q

What is needed for a section 135? can you give treatment?

A

Warrant obtained by social worker

No

21
Q

What is a section 136? when is it used? can you give treatment?

A

Same as 135 but for public place
Don’t need a warrant
No treatment

22
Q

Can ECT ever be given against a patients will? When is it used?

A

No

If they are unable to consent and no prior advance directive

23
Q

For longer sectioning Eg section 3, what needs to be available?

A

Treatment - it is not just a holding order

24
Q

When do you section

A

If the patient is judged to have a mental disorder sufficiently severe to need detention in a hospital in the interests of their safety / the safety of others

25
Q

Can you detain someone due to drug dependance alone?

A

No

26
Q

Can you detain someone due to a severe learning disability ?

A

No

27
Q

When can you detain someone with a drug dependance / learning disability?

A

If the behaviour is associated with aggressive / irresponsible conduct

28
Q

What is a section 5(2) and 5(4)

A

5(2 - for when patients are already in hospital
Lasts 72hrs - assessed for sections 2/3

5(4) - nurse - 6hrs

29
Q

What is a community treatment order ?

A

Treatment of a Pt in the community who has a previous section 2/3

30
Q

You’re a GP and need to section someone on home visit what do you do!

A

Call crisis team and get walked through by AMP

Need to give all information about patient - stay with patient

31
Q

considerations in best interests?

A

Whether the person is likely to regain capacity and can the decision wait
How to encourage and optimise the participation of the person in the decision
The past and present wishes, feelings, beliefs, values of the person and any other relevant factors
Views of other relevant people

32
Q

What are advanced directives for? What can they be used to do?

A

Allow people who understand the implications of their choices to state their treatment wishes in advance.

They can be used to:

  • Authorise or request specific procedures
  • Refuse treatment in a predefined future situation (advance directive)
33
Q

When are advanced refusals of treatment legally binding? Differences with advanced requests?

A

The person is an adult, and
Was competent and fully informed when making the decision, and
The decision is clearly applicable to current circumstances, and
There is no reason to believe that they have since changed their mind

Not legally binding but should be considered when assessing best interest
There is a duty to take reasonable steps (eg artificial nutrition and hydration) to keep the person alive if that is the patient’s known wish

34
Q

When does a DoL happen?

A

When a person does not consent to treatment

Eg a person with dementia who is not free to leave a care come and lacks capacity to consent to this

35
Q

What is a lasting power of attorney?

A

A document which gives a nominated person able to make decisions on their behalf when they are unable to do it for their self
Finances and health

36
Q

What needs to happen to make an LPA valid?

A

Must be registered with the office of the public guardian

37
Q

What is a IMCA? What do they do?

A

Independent mental capacity advocate (IMCA)

Commissioned from independent organisations by the NHS and local authorities to ensure that MCA is being followed

Role of IMCA: support and represent people who lack capacity and they do not have anyone else to represent them in decisions about changes in long-term accommodation or serious medical treatment. They can also be present for decisions regarding care reviews or adult protection.