the law Flashcards
what is the legislation that can be used to detain and treat patients in scotland with a mental disorder?
mental health care and treatment act 2003
what is a mental disorder defined as?
mental illness
personality disorder
learning disability
is addiction a mental disorder?
no
how long does an emergency detention allow a patient to be kept in hospital for?
72 hours
does an emergency detention allow tx
no
who can complete an emergency detention?
FY2 or above
can it be legally appealed?
no
where possible, who should be informed during an emergency detention ?
MHO
what is the criteria for emergency detention?
likely that they have a mental disorder, which is impairing them from making decisions about tx
it is necessary to detain in hospital to decide what tx they need. If not detained, they would pose risk to themselves or others
what is the disadvantage of a short term detention ?
it causes delays
how long can a patient be held under short term detention?
28 days
how do you get a short term detention?
has to applied for by an approved medical practitioner - trained psychiatrist
can it be appealed?
yes, can be appealed in front of a tribunal or mental health welfare commission
short tern detention requires consent of?
MHO
criteria for CTO
patient has a mental disorder
treatment to make patient better is available
who applies for a CTO?
MHO with supporting letters from 2 Drs, one of which is a psychiatrist involved in the patients care
case is heard in front of ?
mental health tribunal, where patient is entitled to legal representation
if granted, what does a CTO mean?
imposes conditions of treatment and residence on the patient for 6 months
can the decision be appealed?
yes, at any time by patient or named person
what is an advanced statement ?
a legal statement in which patient outlines what tx they do not want if they become ill in the future and lose capacity to make such decisions
