Mental Health and Law

Question 1

What are the main features of a person who does not have capacity?

Answer 1

incapable of acting / making decisions
Incapable of communicating and understanding decisions
Incapable of retaining memory of their decisions

Question 2

What are the main principles of the Adults With incapacity Act?

Answer 2

• Intervention must benefit the adult
• Such benefit cannot reasonably be achieved without the intervention
• Take into account past / present wishes
• Consult with other relevant persons
• Encourage the adult to use residual capacity

Question 3

What section of the Adults with incapacity act is used to authorise treatment of a physical disorder in someone without capacity to consent?

Answer 3

Section 47

Question 4

What does the Mental health Act allow?

Answer 4

Treatment of a mental disorder or the physical consequences of a mental disorder in someone without the capacity to consent

Question 5

Would the Mental health act or Adults with Incapacity act be more appropriate in someone actively resisting treatment for a mental disorder?

Answer 5

Mental health Act

- there is more protection for the patient

Question 6

The emergency detention certificate falls under which section of the MHA?

Answer 6

Section 36

Question 7

The short term detention certificate falls under what section of the MHA?

Answer 7

Section 44

Question 8

State the criteria for an emergency detention (sec. 36)

Answer 8

1) Likely to have a mental disorder
2) Significantly impaired decision making ability regarding treatment due to disorder
3) Detention in hospital is necessary as a matter of urgency
4) Risk to health safety and welfare of the patient or others
5) Making any other arrangements would lead to undesirable delay

Question 9

what is the criteria for a short term detention (sec. 44)

Answer 9

1) Likely to have a mental disorder
2) Significantly impaired decision making ability regarding treatment due to disorder
3) Detention in hospital is necessary fir assessment/treatment
4) Risk to health safety and welfare of the patient or others
5) Cannot be treated voluntarily

Question 10

Who can use the emergency detention act?

Answer 10

Any registered medical practitioner

Question 11

Who is required to authorise a Short term detention certificate?

Answer 11

Mental health officer + an approved medical practitioner

Question 12

Who is required to approve a compulsory treatment order?

Answer 12

Application must be made by a Mental health officer and it must be supported by two medical reports
One must be an approved medical practitioner

Question 13

How long does an emergency detention last?

Answer 13

72hours

Question 14

Can an emergency detention be appealed?

Answer 14

NO

Question 15

How long does a short term detention order last for?

Answer 15

28 days

Question 16

How long can a compulsory treatment order last?

Answer 16

6 months

Question 17

In a compulsory treatment order, is there a right to appeal?

Answer 17

Yes

Can have legal representation

Question 18

What is first line for rapid tranquilisation?

Answer 18

1-2 mg Lorazepam (oral)

with/without 5mg haloperidol

Question 19

If first line therapy is unsuccessful at tranquilising a patient within the first 30 minutes, what is second line?

Answer 19

Consider injection of 1-2mg lorazepam IM

In extreme cases can have haloperidol IM as well

Question 20

If patient has already received one IM injection of lorazepam, how many more can be given in an attempt to sedate?

Answer 20

One more

Only allowed max 2 IM injections before getting senior help