SCD - laws

Question 1

What are the 3 important laws in SCD

Answer 1

• adults with incapacity act 2000
• equality act 2010
• adult support and protection act 2007

Question 2

What are the principles of adults with incapacity act

Answer 2

• Benefit
• Minimum necessary intervention
• Take into account wishes of adult
• Consult with relevant others
• Encourage adult to exercise residual capacity

Question 3

What is the criteria a person must meet to have capacity

Answer 3

• Act
• Make decisions
• Communicate decisions
• Understand decisions
• Retaining memory of decisions

Question 4

How do we test consent?

Answer 4

• Chunking
• Ask px about tx next visit
• Ask them questions regarding their tx

Question 5

What are the 2 types of power of attorney

Answer 5

continuing

welfare

Question 6

What is continuing power of attorney

Answer 6

• Covers only financial affairs and property
• Not really very relevant to dentistry

Question 7

What is welfare power of attorney

Answer 7

• Powers only come into effect when capacity lost
• Matters relating to health and personal welfare

Question 8

What is a guardianship order

Answer 8

• Court appointed
• Requires 2 medical reports
• Allows for continuous management of welfare + financial matters
• Usually appointed for 3 years

Question 9

What is section 47 of AWI Act

Answer 9

general authority to treat

Question 10

What is required to treat any patient with incapacity

Answer 10

certificate of incapacity

even if proxy in place

Question 11

Who can provide certificates of incapacity

Answer 11

• GP
• Consultant in charge of px care
• Dentists, nurses + optometrists (if have specified training)

Question 12

What is expected from dental practices under equality act 2010

Answer 12

• Expected to make reasonable adjustments
• Must take positive steps to remove barriers faced because of disability to allow for them to reach services

Question 13

What are things we can do to help disabled people access care

Answer 13

• Ensure physical accessibility
  
  • Ramps
  • Handrails on steps and ramps
  • Wide door access for wheelchairs
• Dont treat them differently
• Designate disabled parking if possible
• Appropriate signage for those with sensory impairment
• Disabled toilets

Question 14

What is the purpose of adult support and protection act

Answer 14

• Protects adults at risk

Question 15

What deems an adult of being at risk

Answer 15

• Are unable to safeguard themselves, their property, rights or other interests
• Are at risk of harm
• Because they are effected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others

Question 16

What is the overarching principle of the ASP 2007 act

Answer 16

• Overarching principle = any intervention should benefit individual and be least restrictive

Question 17

What is expected from dentists regarding ASP 2007

Answer 17

• Dentists may be required to cooperate with local councils where harm is known//suspected

Question 18

What are the 3 forms a council protection order can take

Answer 18

• Assessment
• Removal
• Banning

Question 19

What are relevant laws that dont apply to scotland/arent in action anymore

Answer 19

care act 2014 (england)

mental capacity act 2005 (england/wales)

disability discrimination act 1995

Question 20

What is the care act 2014

Answer 20

• this is basically the equivalent of adult support and protection act for down south

Question 21

What is the mental capacity act 2005

Answer 21

• this is basically the equivalent of adults with incapacity act for down south