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
What must be done before the section 5(2) is up? When can it NOT be used?
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)!)
Can a patient be coercively treated on a section 5(2)?
No, just for detention
What is a section 5(4) and how long does it last?
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
What must be done during a section 5(4)?
Nurse needs to find necessary personnel to sign a 5(2) or allow discharge.
What is a place of safety?
A nominated safe space (‘136 suite’).
What is section 17?
Authorised leave from section.
What is a section 135? What is needed and who must be present?
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
What is a section 136? How long does it last? What has to be done during this time period?
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
