Mental Heath Act Flashcards
What does section 328 of the MHA 2003 define a mental disorder as?
Any mental illness, personality disorder, learning disability however it is caused or manifested.
How long does an emergency detention certificate last for?
72 hours
How long does a short term detention certificate last for?
Up to 28 days
How long does a compulsory treatment order last for?
Up to 6 months and then is reviewed
How long is the nurses holding power for?
3 hours
What section of the MHA does the emergency detention certificate covered in?
In section 36
What wording is used in the MHA that an approved medical practitioner must “___________” when completing the certificate
Consider it likely
Can an FY1 fill out an emergency detention certificate?
no it must be a fully registered doctor
When applying for a compulsory treatment order under section 64 of the MHA what health care professionals need to be involved?
Mental health officer
And
2 approved medical practitioners
What does SIDMA stand for?
Significant impairment of decision making ability for medical treatment
What does SIDMA include?
In terms of treatment: lack of insight, cognitive impairment, presence of psychosis, severe depressive symptoms or learning disability
What is said to be presumed about capacity in adults?
It is presumed to be present unless proven otherwise
What piece of legislation deals with adults who lack capacity?
Adults with incapacity act 2000 (scotland)
What is a guardianship order?
Where someone else has been appointed to make decisions on behalf of the AWI (can be financial +- welfare)
Can you use the AWI 2000 act to get adults to remain in hospital without their will for treatment in their best interests?
No - you would need to use the MHA 2003 to get them detained.
If someone is accused of a crime can they use the criminal justice and licensing act 2010 to get a reduced sentence solely on the basis of them having a diagnosed personality disorder?
No
What does the diminished responsibility mean for people with a mental health disorder?
It means they can get their sentence reduced or be excused of their crime due to their mental state
Under what section of the diminished responsibility act can someone use their mental health as the reason for defence?
Section 51B
What does the mental health act allow?
To detain
To assess
To treat
Can people under the age of 18 be detained?
Yes but
‘Need’ child / adolescent specialist (CTO etc)
What are some of the criteria for short term detention?
Patient has:
Mental disorder
Significant Impairment of Decision Making Ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary
What is the criteria to assess capacity?
Communication Understanding Retention of information Decision (CURD)
What aspects does AWI(S)A 2000 concern?
Property
Welfare (Medical)
Financial
What 2 orders does AWI(S)A 2000 concern?
Intervention Order
Guardianship Order
What does the intervention order include?
One off power required
Application to the court
What does the Guardianship order include?
Two doctors (one approved) MHO application Needs to specify powers Can be financial or welfare or both Registered with the office of the public guardian.
How does Adult Support and Protection (Scotland) Act 2007 define adults at risk?
Unable to safeguard their own well-being, property, rights or other interests
At risk of harm; and
Because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.
