Mental Health Legislation

Question 1

How does section 328 define mental disorders?

Answer 1

Any mental illness, personality disorder or learning disability, however caused or manifested

Question 2

Civil compulsory powers

Answer 2

Compulsory Treatment Order CTO
Short-term detention certificate STDC
Emergency detention certificate EDC
Nurses holding power

Question 3

Emergency detention certificate EDC

Answer 3

Authorises detention for up to 72 hours

Question 4

Short-term detention certificate STDC

Answer 4

Authorises detention for up to 28 days

Question 5

Compulsory Treatment Order CTO

Answer 5

Authorises detention for up to 6 months

Question 6

Nurses holding power

Answer 6

Authorises detention for up to 2 hours

Question 7

EDC

Answer 7

Up to 72 hours
Authorises transfer to psychiatric hospital
Fully registered practitioner
MHO consent “where practicable”
No right of appeal
“likely” has MD & SIDMA for MD
Granting of STDC undesirable delay
Significant risk exists to self or others
Assessment & ER treatment only

Question 8

STDC

Answer 8

28 days
Must be an Approved Medical Practitioner (AMP)
MHO essential
Named person consulted
Assessment & treatment
Right of appeal

Question 9

Criteria for STDC

Answer 9

The patient has a mental disorder
The patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder
It is necessary to detain the patient in hospital for the purpose of determining what treatment should be given to the patient or giving that treatment
There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital
The granting of a certificate is necessary

Question 10

CTO

Answer 10

Up to 6 months
Application by MHO to the MHTS
Two medical reports - GP, AMP
Proposed Care Plan
Criteria as for STDC
Community or hospital

Question 11

Criteria for detention

Answer 11

Mental disorder
Significant Impairment of Decision Making Ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary

Question 12

What does SIDMA stand for?

Answer 12

Significant impairment of decision making ability

Question 13

What constitutes SIDMA?

Answer 13

Lack of insight
Cognitive impairment
Presence of psychosis
Severe depressive symptoms
Learning disability

Question 14

What mental health legislation exists in Scotland? (3)

Answer 14

Adults with Incapacity Act (Scotland) 2000

The Mental Health (Care and Treatment) (Scotland) Act 2003

Adult Support & Protection (Scotland) Act 2007

Question 15

What is the Mental Health (C&T) Act?

Answer 15

Civil compulsory powers
To detain
To assess
To treat

Question 16

Who determines the MHA?

Answer 16

An approved medical practitioner (AMP)
Mental Health Officer (MHO)
The court

Question 17

What principles must be considered when applying the MHA?

Answer 17

The intervention must benefit the adult

Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention

Account must be taken of the past and present wishes of the adult

Where practicable, account should be taken of the views of relatives and carers and the views of relevant others (guardians, attorneys, etc.)

Question 18

How can capacity be assessed?

Answer 18

Gather information (history, family account etc)
Clinical assessment - CURD

Question 19

Clinical assessment of capacity

Answer 19

Communication
Understanding
Retention of information
Decision

Question 20

Which areas are covered by the Adults with Incapacity Act

Answer 20

Property
Welfare (Medical)
Financial