Mental Health Legislation Flashcards
legal requirements of doctors
which legislation outlines circumstances under which a patient can be treated non-voluntarily ?
Mental Health Act (1983. 2007)
In an emergency in a private dwelling (section 135) or public place (section 136) ….
Police can take a patient to a place of safety where they can be detained until they can be assessed by an Approved Mental Health Professional (AMHP) for up to 36hrs
What counts as a “place of safety”
Hospital, Medical facility, residential care home, home of a relative or friend and, if no alternatives are available, a medical professional had been consulted and there is imminent danger, a police station.
Which section of MHA deals with detaining patients in hospital
Section 5
What is a Nurse Hold?
Under section 5(4) a nurse can legally detain a patient for assessment for up to 6 hrs
What is a Medical Hold?
Under section 5(2) a doctor can legally detain a patient for assessment or extend a nurses detention of a patient for up to 72hrs
In non-emergencies who can request a AMHP assessment?
Next of kin
Healthcare professional eg. GP
Social Care Professional
Detention under Section 2 MHA
Admission for thorough assessment- must make a decision before 28 days
Admission under Section 3 MHA
Treatment of non-voluntary patient. Must be reviewed at least 6 monthly.
All interventions must be approved by 2nd opinion doctor
Appeals process against MH Section
- Right of appeal to MENTAL HEALTH TRIBUNAL or the HOSPITAL BOARD
- Rights to an independent MENTAL HEALTH ADVOCATE who acts on their behalf
- Right to be represented by a SOLICITOR
- Right to escalate to CARE QUALITY COMMISSION if feel any other rights have not been met.
Outpatients still under section
SECTION 17 governs:
- short term hospital leave
- conditional discharge subject to a community treatment order.
Principles of Mental Capacity Act 2005
- Assume capacity
- Must support patient to enable decision making
- Unwise decisions =/= lack of capacity
- Patient without capacity must be treated in their best interests
- Best interest patients must always be treated in least restrictive way possible.
Which medical procedures require consent?
What type of consent must be given?
ALL of them
Implied or verbal consent is usually adequate for most of the non-invasive daily tasks - document.
If risks are not immediately obvious to a lay person then INFORMED WRITTEN consent should be clearly DOCUMENTED
What makes consent valid?
- Informed
- Voluntary
- Pro-active (not retroactive)
- Gained by the physician PERFORMING the procedure
- Capacity
- For specific PROCEDURE at a specific TIME
How to assess capacity
- Does the patient understand the information?
- Can they retain the information?
- Can they weigh it up in their minds?
- Can they communicate their decision in some way?
