Mental Health (Compulsory Assessment and Treatment) Act 1992 Flashcards
What is the definition of “mental disorder”?
‘Mental Disorder’ in relation to any person means an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, disorders of mood, perception to such a degree that it:
- poses a serious danger to the health or safety of that person of of others; or
- seriously diminishes the capacity of that person to take care of themself
What are “restricted patients”?
These are patients who are subject to a compulsory treatment order but are considered to present a danger to the public
What are “special patients”?
These are patients who are detained by way of court order if they are found to be criminally insane or unfit to plead. The category also includes people on remand for a psychiatric report.
What are “duly authorised officers (DAOs)”?
DAOs are qualified nurses who have specialised in the area of mental health and then receive further training on an ongoing basis. Not all psychiatric nurses become DAOs.
When Police receive calls of a non-urgent nature regarding mentally ill people, the caller should be referred to….
…a Doctor or Duly Authorised Officer (DAO)
Compulsory treatment patients are deemed to be released from their compulsory treatment order if absent for more than….
…3 months
Section 41
Duly Authorised Officer (DAO) Request
DAO may call Police to assist so that they can:
- assess; or
- transport a patient for assessment or treatment
Police in response may: - ENTER premises by force if necessary AND - DETAIN person there for the assessment OR - TAKE person to other place nominated by DAO for the purpose of an assessment and DETAIN there until the examination has been conducted
What is the “time limit for detention”?
No person shall be detained for more than 6 hours for the purpose of a medical examination or an assessment examination
Section 109
Mentally Disordered People in Public Places
Police may APPREHEND any person:
- wandering at large in a public place; and
- behaving in a manner that gives RGTB that they may be mentally disordered; and
- Police believe it is in the interest of the person or public to do so
Section 110
Section 110:
When a doctor has examined a person and believes they are mentally disordered and it is in their interest that an assessment be completed, the doctor can issue a certificate to accompany the assessment application
Section 110A
The doctor issuing the certificate may administer a sedative to the proposed patient if the consider neccessary
Section 110C
Doctor may call Police to assist so that they can:
- assess; or
- transport a patient for assessment or treatment
Police in response may: - ENTER premises by force if necessary AND - DETAIN person there for the assessment OR - TAKE person to other place nominated by Doctor for the purpose of an assessment and DETAIN there until the examination has been conducted
Outline the rules regarding “transporting the patient”
Under the Memorandum of Understanding between Police and the Ministry of Health, DAOs are responsible for arranging transportation of patients.
Where Police are required to assist, the decision on the type of vehicle to be used should be made by the DAO or Doctor in consultation with Police.
The DAO, Doctor or suitable health professional will at all times physically accompany and monitor the patient.
What does GI M908 say in relation to police powers to use force?
- Do not use force to transport a patient without ensuring an assessment notice has been served on and explained to them.
- Force can only be used in circumstances where it is likely the patient will be a danger to themselves or others, or will be likely to cause serious property damage.
- Before using force, seek the wishes of the patient and their caregivers wherever practically possible. Careful consideration must be given to their views.
- Make every effort to reduce the risk of violence before the patient is transported.
