Mental health legislations Flashcards
What are the four parts of the mental health act?
1) The application and extent of the act plus a definition of mental disorder
2) Compulsory admission to hospital and guardianship
3) Patients concerned with criminal proceedings
4) Consent to treatment
What things alone, which may seem like they could fall under the mental health act (MHA) but do not?
1) drugs and alcohol
2) learning disability
What are the four types of mental disorder described in part 1 of the MHA?
1) Mental illness (not defined by the MHA but left as a matter of clinical judgement. It should be of a degree as to warrant detention in the interests of health, safety or protection of others)
2) Mental impairment (a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct)
3) Severe mental impairment (as for above but with severe impairment of social functioning and intelligence)
4) Psychopathic disorder (a persistent disorder or disability of mind (may or may not include a significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct)
What are sequence of events by which Part 2 of the MHA usually follows when executing a section 2 or 3?
1) An approved social worker (ASW) or nearest relative will make an application for assessment after having seen the patient within the last 14 days
2) The application must then be supported by two doctors, one of whom should be section 12 approved. It is recommended that one doctor knows the pt.
Under what section are patients allowed temporary leave from hospital?
Section 17
What % of inpatients on a psych ward are NOT on a section?
90%
Describe a Section 2
28 days - for assessment and may be converted to a section 3.
Application is by an approved social worker or nearest relative and must be approved by two doctors, one who is section 12 approved.
Describe a Section 3
6 months - for treatment,
usually when the diagnosis and treatment response is established.
This can be extended later.
An ASW or nearest relative must apply and two doctors should approve it (one with section 12 approval).
Describe a Section 4
72 hours – emergency admission to hospital for assessment when there is not time to wait for a section 2.
Applicants are an ASW or nearest relative and only one doctor is needed to approve it.
Describe a Section 5(2)
72 hours – detention of a hospital in-patient who is receiving any form of treatment in order to give time to convert to a section 2/3.
The doctor responsible for their care usually does this.
It is not valid in A+E
Describe a Section 5(4)
6 hours – urgent detention of an in-patient receiving treatment for a mental disorder when a doctor is unable to attend.
A registered nurse trained in mental health may do this.
It is not valid in A+E
What is part 3 of the MHA related to?
Mentally ill patients involved in criminal proceedings or under sentence.
The sections relating to this are 35, 36, 37 and 41.
Patients on a section 3 may be treated without their consent for how long? (what happens after this amount of time)
3 months, after 3 months and in other special cases, an extra section is required to continue treatment
Describe a Section 135
72 hours - An approved social worker (ASW) can apply to a magistrate for a warrant to allow police to enter and remove someone with a mental disorder from their home and transfer them to a place of safety.
Describe a Section 136
72 hours - Police who find a person in a public place appearing to suffer from a mental disorder may remove him/her to a place of safety.
What is common law?
Law that is based on court decisions (case law) or customs
What is statute law?
Laws made in parliament
What type of law is the MHA?
Statute law
What type of law is used when instituting lifesaving treatment on an unconscious patient?
Common law
What are the two main pieces of mental health legislation?
1) 1983 Mental health act
2) 2005 Mental capacity act
What is capacity based on?
Whether a person is able to:
1) Understand the information relevant to the decision
2) Retain the information
3) Use or weight the information as part of the process of making a decision
4) To communicate their decision (any means)
If any one of these is lacking then it can be said that a patient is lacking capacity.
It should be noted that a patient only has to retain the information long enough to make a decision and can forget it after the decision has been made.
A patients best interests (part of the mental capcity act (MCA)) includes what guidance?
1) The persons past and present wishes (also any relevant written statements from when they had capacity)
2) Their beliefs and values that would influence the situation if they had capacity
3) The wishes of any family and friends or those appointed with power of attorney.
4) Whether the patient will regain capacity in the future
What piece of legislation covers whether a person is competent to make a will?
Testamentary capacity
How does the mental health act define mental illness?
It is not defined by the MHA but left as
a matter of clinical judgement
It should be bad enough as to warrant detention in the interests of
health,
safety or
protection of others
