Mental Health Law Flashcards
Give 4 underlying principles of the MHA.
1) minimise the restriction placed on a person’s liberty.
2) minimise undesirable effects and maximise safety and wellbeing, promote recovery, and protect from harm
3) Respect each patient regardless.
4) Involve patients in their care as much as possible.
If someone is dependent on drugs or alcohol, can you detain them?
No. alcohol or drug dependence is NOT a mental health disorder under MHA
What is a section 2 and how long does it last?
Admission for assessment. Lasts 28 days and is non-renewable
Give the 3 things that must be demonstrated for a section 2?
1) patient suffering from a mental disorder (don’t need to know what).
2) mental disorder warrants detention in hospital.
3) admission will protect themselves or others, pts health or safety or public safety
What is ‘treatment’ in the MHA?
Anything from basic nursing care ECT etc
Who is involved in making the application for detainment?
An approved mental health professional (AMHP) makes application on recommendation from 2 doctors, one of whom is section12 approved and the other should not know the patient and be a different trust
What is a section 3 and how long does it last?
Admission for treatment. Lasts for 6 months. Can be renewed indefinitely (6 months initially then yearly)
What are the 3 things that must be demonstrated in section 3?
1) patient is suffering from a named mental disorder that warrants treatment in hospital.
2) admission will protect patient or others.
3) appropriate treatment is available
Who makes the application for a section 3?
AMHP - 2 doctors sign
What is section 4 and how long does It last for?
Emergency treatment. Lasts 72 hours (non-renewable)
When can section 4 be used?
Can be used when admission to hospital must be an urgent necessity (commonly done in A+E) and if a section 2 application would lead to undesirable delay
What are the 3 things that must be demonstrated for section 4?
1) patient is suffering from a mental disorder that warrants detention in hospital for assessment. 2) admission will protect patient or others. 3) not enough time for a second doctor to attend
What must be done before a section 4 runs out?
Patient must be seen within 72 hours by another doctor (normally on-call psychiatrist). There, decide to convert to section 2/3, voluntary admit, or discharge
What is a section 5(2) and how long does it last?
Detention of a patient already in hospital. Lasts 72 hours
Who can make the application for section 5(2)?
Any doctor looking after patient, but technically must be doctor in charge of their care
