Mental Health (Compulsory Assessment and Treatment) Act 1992 Flashcards
What are the main principles of the MH Act?
Defines the limited circumstances in which compulsory assessment and treatment can happen.
Emphasises community-based care, with hospitalisation only when necessary and in the least restrictive environment possible.
Respect for cultural values and belief is an important part of assessment and treatment under the Act
The Act sets out special rights to protect people being assessed or treated.
How does the Mental Health Act define a mental disorder?
An abnormal state of mind (whether continuous or intermittent in nature), characterised by delusions, or by disorders of mood, perception, volition or cognition of such a degree that it:
poses a serious danger to the health and safety of that person or of others: OR seriously diminishes the capacity of that person to take care of him/her self
According to the MH act, what are delusions?
Holding false beliefs
According to the MH act, what are disorders?
Include: disorders of mood- being very depressed or on a “high”
Disorders of perception- hearing voices or seeing things that no-one else is able to hear or see
Disorders of volition: Being unable to freely exercise will or control impulses
Disorders of cognition- thinking processes such as me
You cannot be considered to have a mental disorder because of what five things?
Political, religious or cultural beliefs, Sexual preference, criminal behaviour, substance abuse, intellectual disability
Who can make an application to have someone assessed?
Anyone- friend, whanau, GP, MH worker, duly authorised officer. The application is made to the Director of Area MH services (DAMHS) under section 8A
What must an application include to have someone assessed?
Why the person making the application thinks the person has a MH disorder;
What their relationship is to the client;
A statement that they have seen them in the last 3 days;
A medical certificate from a doctor who has examined them in the last three days- they must say there are reasonable grounds for believing they have a mental disorder.
Where the medical practitioner considers that there are reasonable grounds for believing that the proposed patient is mentally disordered, the practitioner should provide what people with a copy of the certificate of preliminary assessment?
1- The patient 2- Any welfare guardian of the patient 3: The applicant for assessment 4- The patient's principle caregiver 5- The medical practitioner who usually attends the patient
If the medical practitioner records a finding under section 10 of the act, the patient must…..
Undergo further assessment and treatment throughout the first period of five days
What happens after the first period of assessment?
If the responsible clinician believes the person still has a mental disorder they can issue a certificate of further assessment for up to another 14 days.
What happens during the second period of assessment?
The patient is examined again and if the responsible clinician decides that the patient is fit to be released, they must apply for a compulsory treatment order.
What is a compulsory treatment order?
Order made by a judge-patient will have to receive compulsory treatment for up to six months.
What happens after an application for a CTO is made?
Pt is required to receive assessment and treatment for up to another 14 days straight after the second period of assessment. The responsible clinician will decide whether this treatment will happen in hospital or in the community.
This second day period can be extended for up to another month if in favour of the client- eg client may improve in this time.
What kinds of compulsory treatment orders are there?
Community treatment orders- treated in the community
Inpatient orders- Requires patient to stay in hospital
How long does a compulsory treatment order last?
For up to six months but they can end earlier or be extended for a further six months
What are the eleven patient rights identified in the MH act?
Right to information Respect for cultural identity Right to interpreter Right to treatment Right to be informed about treatment Right to refus video recording Right to independent psychiatric advice The right to legal advice Right to company Right to have visitors and make phone calls Right to send and receive mail