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Medical Law and Ethics > Mental Health Legislation > Flashcards

Mental Health Legislation Flashcards

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1
Q

Why may some treatment for mentally ill people be involuntary?

A

Severely unwell
Lost touch with reality
Risk to self or others

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2
Q

What are some general criticisms of involuntary treatment?

A

Ill-liberal
Poorly compatible with human rights norms
Unnecessary for most patients
Counterproductive for some patients
Practical problems in administering treatments

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3
Q

What are some ethical problems with involuntary treatment?

A

Non-maleficence
Autonomy
Paternalism
Non-discrimination

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4
Q

What legislation governs mental health in Scotland?

A 
Mental Health (Care & Treatment) (Scotland) Act 2003, modified in 2015
"MHA"
Public Health (Scotland) Act 2008
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5
Q

What is the purpose of mental health law?

A

Power to provide compulsory care

Rights and safeguards to make sure those powers are used appropriately

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6
Q

What are the principles of the MHA?

A 
Non-discrimination
Equality
Respect for diversity
Reciprocity
Informal care
Participation
Respect for carers 
Least restrictive alternative
Benefit
Child welfare
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7
Q

How does the MHA define mental disorder?

A

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

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8
Q

What are the 3 main pieces of legislation for mental disorders?

A

Adults with Incapacity Act (Scotland) 2000
MHA
Adult Support & Protection (Scotland) Act 2007

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9
Q

What powers does the MHA give?

A

Civil compulsory powers
To detain
To assess
To treat

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10
Q

What are MHA powers determined by?

A

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

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11
Q

Can patients under the age of 18 years still be detained?

A

Yes

Need child/adolescent specialist

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12
Q

What are some civil compulsory powers?

A

Emergency detention certificate (EDC)
Short-term detention certificate (STDC)
Compulsory treatment order (CTO)
Nurses holding power

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13
Q

How long does an EDC allow detention for?

A

Up to 72 hours

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14
Q

How long does an STDC allow detention for?

A

Up to 28 days

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15
Q

How long does a CTO allow detention for?

A

Up to 6 months

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16
Q

How long does a Nurses holding power allow detention for?

A

Up to 2 hours

17
Q

What are some criteria for detention?

A

Mental disorder
Ability to make decisions impaired
Can detain in hospital to determine appropriate treatment
Significant risk to health, safety or welfare of patient or other
Treatment available
Order necessary

18
Q

What is SIDMA?

A

Significant Impairment of Decision Making Ability

19
Q

What may cause SIDMA?

A 
Lack of insight
Cognitive impairment
Presence of psychosis
Severe depression
Learning disability
20
Q

What powers do police have under the MHA?

A

Removal from a public place
Appears to be in immediate need of care
Detain for up to 24 hours
Designed to allow assessment and make arrangement for care and treatment

21
Q

What is an adult with incapacity according to the adults with incapacity act?

A

Aged 16 years or older

Incapable of making, communicating, understanding or retaining memory of their decisions

22
Q

What are the principles which must be considered when applying the adults with incapacity act?

A

Intervention must benefit the adult
Least restrictive intervention to adult’s freedom
Past and present wishes of the adult must be recorded

23
Q

I capacity assumed to be present until proven otherwise?

A

Yes

24
Q

What are the criteria for capacity?

A

Communication
Understanding
Retention of Information
Decision

25
Q

What are the 3 areas of capacity?

A

Property
Welfare (medical)
Financial

26
Q

How is a guardianship order be instated?

A 
Two doctors approve
MHO application
Needs to specify powers
Can be financial or welfare or both
Registered with the office of the public guardian
27
Q

What is adult protection?

A

Law, policies & procedures that dictate and influence responses in situations where it is suspected, or known, that certain adults are experiencing harm or abuse

28
Q

What is an “adult at risk” according to the Adult Support and Protection (Scotland) Act 2007?

A

Unable to safeguard own well-being, property, rights or other interests
At risk of harm
More vulnerable to being harmed as a result of disability, mental disorder, illness or physical/mental infirmity

29
Q

How does the Adult Support and Protection Act define “harm”?

A

Physical harm
Psychological harm
Unlawful conduct which appropriates or adversely affects property, rights or interests
Self harm

30
Q

What do you do if you suspect an adult is at risk?

A

Discuss with a senior
Document concerns
Report to the relevant local authority

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