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Psychiatry > Mental Health Legislations > Flashcards

Mental Health Legislations Flashcards

1
Q

What does the Human Rights Act state?

A

A person can only be lawfully deprived of their liberty when this is done in accordance with law, is proportionate and carried out in the following circumstances:
detention which is lawful, necessary and proportionate to prevent, as a matter of last resort, the spread of infectious diseases, lawful detention on mental health grounds or other like grounds;

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2
Q

When was the Mental Health Act written and amended?

A

Written in 1983 and MHA amended in 2007.

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3
Q

What are the 5 guiding principles from the Code of Practice?

A
  1. Leastrestrictiveoptionandmaximisingindependence
  2. Empowerment and involvement
  3. Respectanddignity
  4. Purpose and effectiveness
  5. Efficiency and equity
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4
Q

What criteria must be fulfilled to be detained under the mental health act?

A

Must be suffering from Mental Disorder (= “any disorder or disability of mind”)
Must be at risk to self/others/health/self neglect or serious exploitation
Must be unwilling to go to hospital voluntarily

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5
Q

Who must be present to detain someone under the MHA?

A

Recommendations by two doctors, one of which must be “Section 12 approved”
- provided to the “applicant” -most often an AMHP, usually social worker
- but can be patients ‘nearest relative’ as defined under the Act
2 doctors and an AMHP

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6
Q

Can willing patients who lack capacity to consent to admission be admitted voluntarily?

A

No

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7
Q

Can the MHA include people who are D&A dependent?

A

No

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8
Q

What is section 2?

A

Mental disorder of a nature or degree
which warrants detention in hospital
for assessment (or assessment followed by medical treatment)
Interests of patients own health/safety With a view to the protection of others
Requirement: AMHP + 2 Doctors, (1 must be approved)

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9
Q

How long can patients be detained under section 2 for?

A

up TO 28 days, can be appealed within the first 14 days.

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10
Q

What is section 3?

A

Mental disorder of a nature or degree

which makes it appropriate for the patient to receive medical treatment in hospital

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11
Q

How long can patients be detained for under section 3?

A

Up to 6 months. Can be appealed (twice within the first 6 months and then yearly after this )

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12
Q

What is section 5(2)?

A

This is a Doctor’s holding power. It is used for in-patients only. It is a holding power so that the a MHA assessment can be carried out. NO RIGHTS TO TREAT

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13
Q

How long can a section 5(2) last for?

A

Up to 72 hours. Application by consultant in charge of care or nominated deputy (must be a registered medical practitioner). IE NOT AN FY1

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14
Q

What is section 5(4)?

A

It is a nurses holding power but it only lasts up until 6 hours.

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15
Q

What is a section 135?

A

Warrant to search for and remove patient
- must be mentally disordered and being neglected or unable to care for themselves,
- to remove them to a place of safety
THEY CAN BREAK INTO A PERSONS HOUSE

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16
Q

What is section 136?

A

Mentally disordered persons found in public places - if a police officer thinks that a person is suffering from a mental disorder and is in immediate need of care they can take them to a place of safety to be ASSESSED.

OFF THE STREET (LEEDS FEST

17
Q

What are the 5 statutory principles of the mental capacity act 2005?

A

A person is assumed to have capacity
All practicable steps must be taken to help the person to make a decision
Do not treat people as unable to make decisions if they make an unwise decision
Any actions or decisions made on behalf of a person who lacks capacity must be in that person’s best interests
Before acting in a persons best interests it must be established there is no other less restrictive way to achieve the outcome


18
Q

How can capacity be assessed?

A

Step 1 is a diagnostic test and it questions at the time of the decision, does the person have an impairment and/or disturbance of the mind or brain..and then step 2

Can they understand info relevant to the decision
Can they retain the information
Can they weigh the information
Can they communicate the information
It is TIME SPECIFIC and DECISION SPECIFIC

19
Q

What is an IMCA?

A

Independent mental capacity advocate.

20
Q

What does lasting power of attorney mean?

A

Lasting Power of Attorney allows a person to stipulate who they would wish to manage their personal welfare decisions, as well as decisions about their finances and property.

21
Q

What does the Court of protection mean?

A

The Court of Protection can be used to make declarations concerning capacity and can appoint deputies to make decisions on behalf of others

22
Q

What does an IMCA mean?

A

Independent Mental Capacity Advocates (IMCAs). If the person who lacks capacity does not have anyone else to advocate for them, an IMCA must become involved if the decision is about ‘serious medical treatment’

23
Q

What is deprivation of liberty safeguards? (DoLS)

A

Apply to any incapacitous person who is deprived of their liberty in their best interests (regardless of whether they object or not). Occurs in care homes, general hospital wards, mental health wards.

24
Q

What is deprivation legally defined as?

A

“If the acid test is whether a person is under the complete supervision and control of those caring for her and is not free to leave the place where she lives”

Urgent (up to 7 days) or standard application (up to 1 year)

25
Q

If treating a physical illness, which act should you use?

A

use MCA (unless that illness is the result of a mental disorder, then the MHA gives you the authority to treat)

26
Q

What should you do if you need to treat a physical illness in someone who is detained under the MHA?

A

If you need a treat a physical illness in someone who is detained under the MHA you CAN use the MCA to authorise this (but remember capacity is decision specific and time specific)

27
Q

What is the universal declaration of human rights article 3?

A

“No one shall be subjected to torture or to inhuman or degrading treatment”. (ECT deemed not inhuman or degrading)

28
Q

What is section 37?

A

Hospital order – allows a person convicted of an imprisonable offence to be detained and treated in hospital.

29
Q

What is section 37/41?

A

Restriction order - restricts the discharge of ‘dangerous’ patients detained under section 37 by requiring permission to discharge from the Home Secretary or a tribunal

30
Q

What is section 47/49?

A

Allows Ministry of Justice to transfer sentenced prisoner to hospital

31
Q

How long can you hold someone under a 135/136 for?

A

72 hours

32
Q

What is an IMHA?

A

Independent mental health advocate for patients being treated/ sectioned under MHA

33
Q

Who makes the final decision as to whether a patient is sectioned under the MHA?

A

AMPH - approved mental health professional

Psychiatry (24 decks)

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