Mental health act Scotland (2003) Flashcards
What are the purposes of the mental health act?
- Used to detain people against their will
- Protects the rights of people with a mental disorder
- Ensures effective care and treatment for those with a mental disorder
- Overrides the right to self-determination for well defined care
What are the 5 criteria for detention under the MHA?
- Likely mental disorder
- Significantly impaired decision making
- Treatment plan is in place
- Significant risk to themselves or others
- Voluntary care is not appropriate
What are the 3 categories of mental disorder that are covered by the MHA?
Mental illness
Learning disability
Personality disorder
What are the 3 types of detention certificate under the MHA
Emergency detention order
Short-term detention order
Compulsory treatment order
How long does an emergency detention order last?
72 hours
How long does a short-term detention order last?
Up to 28 days (Can be extended by 3 days to process a compulsory treatment order)
How long does a compulsory treatment order last?
Initially up to 6 months
What is allowed under an emergency detention order
This allows assessment but not treatment and there is no right to appeal this
Who can give out an emergency detention order?
Fully registered doctor (≥FY2)
What is allowed under a short-term detention order?
Assessment and treatment which can be appealed
Who can give a short-term detention order?
An approved medical practitioner plus a mental health officer (MHO)
What is allowed under a compulsory treatment order?
Assessment and 2 months of treatment
Who can give a compulsory treatment order
Approved mental health practitioner plus a mental health officer, alongside reports from 2 independant doctors, a care plan and an MHO report at a tribunal service
When can treatment be given under an emergency detention order?
- To save the patient’s life
- To prevent serious deterioration in the patient’s condition
- To alleviate serious suffering
- To prevent the patient from being a danger to themselves or others
- T4 certificate completed after up to 7 days treatment
What are some exceptions for treatment in Short term or compulsory treatment orders
- ECT
- Nutrition by artificial means
- Vagus nerve stimulation
- Transcranial magnetic stimulation
- Any medicine given for the purpose of reducing sex drive
- Neurosurgery
