Mental Health Law Flashcards

1
Q

Give 4 underlying principles of the MHA.

A

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.

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2
Q

If someone is dependent on drugs or alcohol, can you detain them?

A

No. alcohol or drug dependence is NOT a mental health disorder under MHA

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3
Q

What is a section 2 and how long does it last?

A

Admission for assessment. Lasts 28 days and is non-renewable

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4
Q

Give the 3 things that must be demonstrated for a section 2?

A

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

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5
Q

What is ‘treatment’ in the MHA?

A

Anything from basic nursing care ECT etc

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6
Q

Who is involved in making the application for detainment?

A

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

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7
Q

What is a section 3 and how long does it last?

A

Admission for treatment. Lasts for 6 months. Can be renewed indefinitely (6 months initially then yearly)

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8
Q

What are the 3 things that must be demonstrated in section 3?

A

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

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9
Q

Who makes the application for a section 3?

A

AMHP - 2 doctors sign

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10
Q

What is section 4 and how long does It last for?

A

Emergency treatment. Lasts 72 hours (non-renewable)

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11
Q

When can section 4 be used?

A

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

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12
Q

What are the 3 things that must be demonstrated for section 4?

A

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

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13
Q

What must be done before a section 4 runs out?

A

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

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14
Q

What is a section 5(2) and how long does it last?

A

Detention of a patient already in hospital. Lasts 72 hours

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15
Q

Who can make the application for section 5(2)?

A

Any doctor looking after patient, but technically must be doctor in charge of their care

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16
Q

What must be done before the section 5(2) is up? When can it NOT be used?

A

Plan where the patient is to go to have a section 2 or 3 assessment by a psychiatrist. Cannot be done in A+E as it is not in hospital (same for 5(4)!)

17
Q

Can a patient be coercively treated on a section 5(2)?

A

No, just for detention

18
Q

What is a section 5(4) and how long does it last?

A

Nurses holding powers. Any authorised nurse may detain a voluntary patient who is taking discharge against advice, if discharge would be likely to involve serious harm to the patient or others. Lasts 6 hours

19
Q

What must be done during a section 5(4)?

A

Nurse needs to find necessary personnel to sign a 5(2) or allow discharge.

20
Q

What is a place of safety?

A

A nominated safe space (‘136 suite’).

21
Q

What is section 17?

A

Authorised leave from section.

22
Q

What is a section 135? What is needed and who must be present?

A

Police forced entry into a persons premises to: allow for assessment under mental health act, +- bring them to a place of safety. A warrant is needed. The police must be accompanied by an AMHP or section 12 approved doctor

23
Q

What is a section 136? How long does it last? What has to be done during this time period?

A

Allows police to arrest a person in a public place (GP +A+E count) who they believe to be suffering from a mental health disorder, to convey them directly to a place of safety. Lasts 72 hours. Have to be seen by a doctor or AMHP who can: complete a MHA assessment, admit, or discharge