Mental health legislation Flashcards
- To understand Mental Health legislation
- To understand what Mental Health legislation permits a doctor to do
- To understand the specific mental health difficulties associated with young people
- To understand what preventative measures that might be introduced or followed to address some of the mental health problems encountered in current society
Define mental disorder
Recognise the need for mental health law
The principles of mental health law
Understand its application
Understand the difference between capacity / SIDMA
Know when to instigate an adult protection and support report
What does the mental health act essentially allow
Power to provide compulsory care and treatment for people with a mental disorder
Rights and safeguards to make sure those powers are used appropriately
What are some of the principles of mental health law
Non-discrimination Equality Respect for diversity Reciprocity Informal care
What can the Mental Health legislation permit a doctor to do
Civil compulsory powers
- To detain
- To assess
- To treat
General criteria for detention under the mental health act
Mental disorder
Significant Impairment of Decision Making Ability (SIDMA) 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
What is SIDMA
SIDMA - significant impairment of decision making ability
-could be due to cognitive impairment, psychosis, severe depression, learning disability
List some legislations in place for the mentally disordered
Adults with Incapacity Act (Scotland) 2000
The Mental Health (Care and Treatment) (Scotland) Act 2003
Adult Support & Protection (Scotland) Act 2007
The principles that must be considered when applying the Adults with Incapacity Act (Scotland) 2000 are…
Intervention must
- benefit adult
- be the last restrictive in relation to the freedom of the adult
- take into account past and present wishes of the adult
What are the 4 main criteria to assess capacity
Communication - can they?
Understanding - do they have adequate info, pros and cons
Retention of information
Decision - is their decision clear or consistent
How do you know which act to apply - Adults with Incapacity Act (Scotland) 2000 or The Mental Health (Care and Treatment) (Scotland) Act 2003
Incapacity act relates to
- Welfare
- Financial and property problems
- Physical illness
Mental health act relates to
-psychiatric illness
What does the Adult Support and Protection (Scotland) Act 2007 involve
Deals with harm inflicted by others, self-harm & neglect
Harm includes
- physical
- psychological
- unlawful, e.g. theft
- self
What to do if you suspect an adult at risk of harm
Discuss with a senior
Document concerns
Report to the relevant local authority
