The mental health act Flashcards
What does the mental health law seeks to”
- promote rights of those with mental disabilities
- to improve mental health service delivery
- to protect the health and safety of the public where a mentally ill person may be dangerous to him/herself or others as a result of illness
- to set out the framework and statutory roles with respect to:
-> inpatients and involuntary outpatients
-> state patients and mentally ill prisoners
-> those with the inability to act in a legally competent manner (curatorship / administration)
Mental illness as per MHCA
a positive diagnosis of a MH-related illness ito accepted diagnostic criteria made by a MHCP authorised to do so
mental illness as per DSM
- A syndrome characterized by clinically significant disturbance in an individual’s cognition, emotional regulation, or behaviour that reflects dysfunction in the psychological, biological, or developmental processes underlying neural functioning
- Usually associated with
Significant distress or disability - NOT an expectable or culturally approved response to a common stressor or loss
- NOT socially deviant behaviour (eg. political, religious, sexual) or conflicts between the individual and society unless this is a result of a dysfunction in the individual as described above
Who is treated under the Mental Health Care Act (MHCA) for mental illness?
The MHCA mandates treatment for patients suffering from a mental illness or severe/profound intellectual disability who:
- Need treatment and can be treated
- Are incapable of making informed decisions
- Are a risk to themselves or others
- Refuse treatment (involuntary treatment)
This includes any patient where a delay in care may result in death, irreversible harm, or risk of inflicting serious harm to themselves or others, or causing serious damage to or loss of property.
Are patients with suspected mental illness always treated under the MHCA?
No, patients with suspected mental illness are not treated under the MHCA if they are currently incapable of giving informed consent but this incapacity is deemed reversible (e.g., due to delirium), or if their current primary need is medical in nature (e.g., schizophrenia with community-acquired pneumonia).
Which individuals are excluded under the MHCA ?
- suspected mental illness
- substance intoxication or withdrawal
- personality disorder without comorbid mental illness / MI not current focus
- malingering
What are the three key questions to assess before proceeding with treatment under the MHCA?
- Is there an Acute Medical Condition (AMC)?
- Are there substances on board (substance use/intoxication)?
- Is this a primary Mental Illness (MI)?
What should be assessed if the answer to the three key questions is “Yes”?
If the answer is “Yes,” assess the following:
- Capacity to consent
- Willingness to consent
- Risk to self or others
In which disorders is certification for treatment under the MHCA inappropriate?
Certification is inappropriate for the following disorders:
- Alcohol, drug intoxication, abuse, dependence
- Personality disorders
- Anxiety disorders
- Sexual disorders
- Somatoform disorders
- Relationship difficulties
- Psychotic disorders in remission or with residual symptoms only
When is admission warranted due to a risk to self?
Admission is warranted if there is a risk to self, including:
- Intentional or accidental harm (including self-neglect)
- Non-adherence to treatment
- Substance use
- Financial difficulties
- Damage to reputation
When is admission warranted due to a risk to others?
Admission is warranted if there is a risk of intentional or accidental harm to others.
When is admission warranted due to risks posed by others?
Admission is warranted if the individual is at risk from others, including:
- Neglect
- Exploitation
- Abuse (verbal, physical, financial, emotional)
When is admission warranted due to risks to property?
- Neglect of property
- Damage to property
Admission categories
- Voluntary
- Assisted
- Involuntary
Voluntary admission
user is:
- ill & needs help
- competent
- consents
