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4th year psych > Mental health legislation > Flashcards

Mental health legislation Flashcards

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1
Q

Guiding principles of MHA

A

Least restrictive option and maximising independence

Empowerment and involvement

Respect and dignity

Purpose and effectiveness

Efficiency and equity

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2
Q

What is needed for a MHA assessment for detainment?

A
  1. assessed by 2 Dr’s and 1 AMHP (ideally all attend to see the patient at the same time)
  2. each Dr must determine their own opinion regarding whether the person meets the criteria for detention
  3. the AMHP is always responsible for making the
    application to the receiving hospital (and can disagree with the assessing Dr’s recommendations)
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3
Q

What are the requirements for the doctors in assessing under MHA?

A

1 Dr MUST be Section 12 approved

1 Dr should “have prior knowledge” of the patient (eg: GP)

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4
Q

Very rarely who can make the final decision in place of the AMHP

A

Pt’s nearest relative

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5
Q

Patient criteria for detention under MHA

A

Must be suffering from Mental Disorder (= “any disorder or disability of mind”), of a nature or degree, which warrants detention in hospital

AND

Must be at risk to own health AND/OR own safety AND/OR risk to others

AND

Must be unwilling to go to hospital voluntarily (when have capacity)

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6
Q

Is learning disability alone grounds for sectioning?

A

No, must be associated with abnormally aggressive or seriously irresponsible conduct

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7
Q

Section 2 is for what

A

Assessment and treatment

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8
Q

Section 2 lasts how long

A

up to 28 days

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9
Q

Section 2 can be appealed when?

A

first 14 days

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10
Q

Sect 3 is for what

A

treatment

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11
Q

Sect 3 lasts how long

A

up to 6m

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12
Q

Sect 3 can be appealed when?

A

twice in first 6m then yearly

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13
Q

what can be treated under the MHA?

A

Mental disorder

Causes of mental disorder

Consequences of mental disorder

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14
Q

What is section 5(2) for?

A

Doctor’s holding power- in patients only, to assess under MHA in the next 72hrs

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15
Q

Can 5(2) be used in A&E?

A

No

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16
Q

Can FY1s use 5(2)?

A

No

17
Q

Can you treat a patient under 5(2)?

A

No

18
Q

Can you use 5(2) in the community?

A

No in patients only

19
Q

what are the two police powers?

A

Sect 135 and 136

20
Q

A section 135 does what?

A

Warrant to search for and remove a patient to a place of safety for MH assessment

21
Q

Who grants a sect 135?

A

Magistrate

22
Q

What is sect 136 for?

A

Mentally disordered person not in a private dwelling

Police can take them to a place of safety for assessment if they need immediate care.

Police must have discussed with a MH professional first.

23
Q

How long do sects 135 and 136 last?

A

24h (or 36 exceptionally)

24
Q

Can a section 136 be used to keep someone in A&E?

A

Yes

25
Q

Five principles of MCA

A

A person is assumed to have capacity

All practicable steps must be taken to help the person to make
a decision

Do not treat people as unable to make decisions if they make an unwise decision

Any actions or decisions made on behalf of a person who
lacks capacity must be in that person’s best interests

Before acting in a persons best interests it must be established there is no other less restrictive way to achieve the outcome

26
Q

Two stages of MCA assessment

A
  1. diagnostic test

2. functional test

27
Q

What is involved in the diagnostic test in a MCA assessment?

A

At the time of the decision does the person have an impairment of, or disturbance in functioning of, the mind or brain?

28
Q

What is involve din the functional test in a MCA assessment?

A
  1. understand
  2. retain
  3. weigh up
  4. communicate
29
Q

What should be considered in ‘best interests’?

A

Consider:
The person’s past and present wishes and feelings

Beliefs and values

Views of anyone named by the person

Anyone engaged in caring for the person or interested in
their welfare

Any donee of a lasting power of attorney

Any deputy appointed for the person by the court

IMCA (if appointed)

30
Q

To have legal weight an advanced decision must?

A

Specify which treatments they are refusing

31
Q

What is an LPA?

A

Who they want to manage their health and welfare and/or finances and property

32
Q

What can the court of protection do?

A

Appoint a deputy

33
Q

When must an IMCA be involved?

A

‘serious medical treatment’ or DoLS

34
Q

What is a DoLS?

A

Lack capacity

and

need to be ‘deprived of liberty’ (stay in their location) for their best interests

35
Q

Two types of DoLS application

A

Urgent (for up to 7 days)

Standard (for up to 1y)

4th year psych (15 decks)

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