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Medical Ethics & Law > Mental Health Legislation > Flashcards

Mental Health Legislation Flashcards

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1
Q

Why may involuntary treatment be given for mental illness?

A
  • If the patient is severely unwell, lost touch with reality (psychotic)
  • If they are a risk to themselves or others
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2
Q

What are the ethical criticisms of compulsory treatment?

A
  • Seen as illiberal
  • May be poorly compatible with international human rights norms
  • Unnecessary for most patients
  • Counterproductive for some patients
  • Practical problems in administering treatments - ie involuntary therapy?
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3
Q

What is the mental health legislation in Scotland that legally allows for compulsory mental health treatment if necessary?

A

Mental Health (Care & Treatment) (Scotland) Act 2003

‘Mental Health Act’

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4
Q

What is a mental disorder as defined by the mental health act?

A 
Any:
-Mental illness
-Personality disorder
-Learning disability
However caused or manifested
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5
Q

What powers does the mental health act give?

A

Civil compulsory powers

  • To detain
  • To assess
  • To treat
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6
Q

Who can act under the mental health act?

A
  • An approved medical practitioner (AMP - >FY2)
  • Mental Health Officer (MHO)
  • The court
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7
Q

In what situations may someone under 18 be detained under the mental health act?

A
  • Need child/adolescent specialist (CTO)

- Use specialist resources where possible

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8
Q

What are the civil compulsory powers afforded by the Mental Health Act?

A
  • Emergency detention certificate (up to 72 hrs)
  • Short-term detention certificate (up to 28 days)
  • Compulsory Treatment Order (up to 6 months)
  • Nurse holding power (up to 3 hrs)
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9
Q

What is the timescale of an Emergency Detention Certificate (EDC)?

A

72 hours

Needs to be a Fully registered practitioner ->FY2

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10
Q

What is the timescale for Short Term Detention Certificate (STDC)?

A

28 days

Must be Approved Medical Practitioner (AMP) + MHO

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11
Q

What are the five criteria that need to be met for detention orders?

A
  • The patient has a mental disorder
  • SIDMA for medical treatment about mental disorder
  • Treatment is available
  • Significant risk to the health, safety or welfare of the patient/any other person
  • The granting of a certificate is necessary
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12
Q

What doe SIDMA refer to?

A

Significant Impairment of Decision Making Ability

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13
Q

Who needs to make medical reports in a CTO?

A
  • GP

- AMP

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14
Q

When may a patient have SIDMA?

A
  • Lack of insight
  • Cognitive impairment
  • Presence of psychosis
  • Severe depressive symptoms
  • Learning disability
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15
Q

Where would CTO applications and appeals processes be considered?

A

Mental Health Tribunal

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16
Q

What are police powers in regards to mental health?

A
  • Removal from public place
  • Immediate need of care or treatment to a place of safety
  • Detain up to 24 hours
  • Purpose to allow assessment and make arrangements for their care and treatment
17
Q

What does ‘incapable’ mean in the Adults with Incapacity (Scotland) Act 2000?

A

An adult incapable of-

  • Acting
  • Making decisions
  • Communicating decisions
  • Understanding decisions
  • Retaining memory of decisions

(CURD)

18
Q

What principles must be taken when applying the Adults with Incapacity Act?

A
  • The intervention must benefit the adult
  • Needs to be least restrictive option
  • Account needs to be taken of wishes of the adult
  • Account should be taken of relatives, carers, guardians attorneys etc
  • Encourage person to use existing skills and develop new skills
19
Q

Does not having capacity for one decision mean an adult lacks capacity in another decision?

A

No

Capacity is decision specific

20
Q

What might be done to assess capacity?

A
  • Gather information

- Clinical Assessment (CURD)

21
Q

What areas are looked at in Adults with Incapacity?

A
  • Property
  • Welfare (Medical)
  • Financial
22
Q

What Powers can be applied for with AWI?

A
  • Intervention Order

- Guardianship Order

23
Q

Which act would be used for treating physical illness in a patient who lacks the ability to consent?

A

Adults With Incapacity

24
Q

What is defined as an ‘adult at risk’ under the Adult Support and Protection (Scotland) Act 2007?

A
  • Unable to safeguard own well-being etc
  • At risk of harm
  • Because they are affected by disability, mental disorder, illness or physical and mental infirmity

Medical Ethics & Law (8 decks)

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