Mental Health Legislation Flashcards
Why may involuntary treatment be given for mental illness?
- If the patient is severely unwell, lost touch with reality (psychotic)
- If they are a risk to themselves or others
What are the ethical criticisms of compulsory treatment?
- 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?
What is the mental health legislation in Scotland that legally allows for compulsory mental health treatment if necessary?
Mental Health (Care & Treatment) (Scotland) Act 2003
‘Mental Health Act’
What is a mental disorder as defined by the mental health act?
Any: -Mental illness -Personality disorder -Learning disability However caused or manifested
What powers does the mental health act give?
Civil compulsory powers
- To detain
- To assess
- To treat
Who can act under the mental health act?
- An approved medical practitioner (AMP - >FY2)
- Mental Health Officer (MHO)
- The court
In what situations may someone under 18 be detained under the mental health act?
- Need child/adolescent specialist (CTO)
- Use specialist resources where possible
What are the civil compulsory powers afforded by the Mental Health Act?
- 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)
What is the timescale of an Emergency Detention Certificate (EDC)?
72 hours
Needs to be a Fully registered practitioner ->FY2
What is the timescale for Short Term Detention Certificate (STDC)?
28 days
Must be Approved Medical Practitioner (AMP) + MHO
What are the five criteria that need to be met for detention orders?
- 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
What doe SIDMA refer to?
Significant Impairment of Decision Making Ability
Who needs to make medical reports in a CTO?
- GP
- AMP
When may a patient have SIDMA?
- Lack of insight
- Cognitive impairment
- Presence of psychosis
- Severe depressive symptoms
- Learning disability
Where would CTO applications and appeals processes be considered?
Mental Health Tribunal
What are police powers in regards to mental health?
- 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
What does ‘incapable’ mean in the Adults with Incapacity (Scotland) Act 2000?
An adult incapable of-
- Acting
- Making decisions
- Communicating decisions
- Understanding decisions
- Retaining memory of decisions
(CURD)
What principles must be taken when applying the Adults with Incapacity Act?
- 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
Does not having capacity for one decision mean an adult lacks capacity in another decision?
No
Capacity is decision specific
What might be done to assess capacity?
- Gather information
- Clinical Assessment (CURD)
What areas are looked at in Adults with Incapacity?
- Property
- Welfare (Medical)
- Financial
What Powers can be applied for with AWI?
- Intervention Order
- Guardianship Order
Which act would be used for treating physical illness in a patient who lacks the ability to consent?
Adults With Incapacity
What is defined as an ‘adult at risk’ under the Adult Support and Protection (Scotland) Act 2007?
- 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
