Psychiatry Ethics and Law

Question 1

Describe section 2 of the mental health act

Answer 1

Admitted to a hospital and detained for ASSESSMENT made by AMHP or nearest relative, for a period of no longer than 28 days
- Patient must be suffering from a mental health condition
- detained in the interest of patients own health or safety of others
Admission must be made <14 days after recommendation is made

Question 2

How many registered medical practitioners are needed to recommend Section 2 or 3?

Answer 2

2 separate doctors - one who has specialist training

Doctors must see patient within 5 days of each other

Question 3

Describe section 3 of the mental health act

Answer 3

Admit and detain patient at hospital for TREATMENT made by AMHP or nearest relative
Can be detained for up to 6 months
- Suffering from mental disorder
- Necessary for patients health or safety of others
- Appropriate treatment is available

Question 4

Describe section 4 of the mental health act

Answer 4

Emergency admission for assessment or treatment made by either AMHP or nearest relative for a period of no longer than 72 hours

• Need assessment or treatment
• in interest of patients health of safety of others
• Using section 2 would cause undesirable delay

Question 5

How many registered medical practitioners are needed to recommend a section 4?

Answer 5

Only a single recommendation is required by a medical practitioner who has had previous acquaintance with the patient

Question 6

Describe section 5 of the mental health act

Answer 6

Detention in a hospital that you are currently an informal/voluntary patient 
For no longer than 72 hours if the doctor in charge is recommending section 5
For no longer than 6 hours if a prescribing class nurse is recommending

Question 7

What ate the five key principles of the mental capacity act?

Answer 7

1. Presumption of capacity
2. Individuals must be supported in every possible way to help make decisions
3. People must be allowed to make unwise decisions
4. Decisions must be made in best interests of patient
5. Decisions made must be the least restrictive option

Question 8

When is a person deemed not to have capacity?

Answer 8

When they cant do one or more of the following:

1. Understand information given to them
2. Retain information long enough to make the decision
3. Weigh up the information given to them
4. Must be able to communicate the decision

Question 9

What does DOLS stand for?

Answer 9

Deprivation Of Liberty Safeguarding

Question 10

Who does DOLS apply to?

Answer 10

Only applies to people in a hospital or a care home - who lack capacity to make decisions for themselves

Question 11

What are the criteria for DOLS?

Answer 11

IF ANY CRITERIA ARE NOT MET DOLS CANT BE ISSUED

• age 18 or over
• suffering from a mental disorder
• person lack capacity
• the restriction would deprive the patient of their liberty
• restriction would be in the persons best interests
• the patient is not considered for detention under the mental health act
• that there has not been any decision to refuse treatment in the past that still apply.