The Mental Health Act

Question 1

What is the purpose of the Mental Health act?

Answer 1

Protects rights of people with a mental disorder

Ensures those with a mental disorder receive effective care and treatment

Question 2

What does the Mental Health act override?

Answer 2

An individual’s right to self determination = for their benefit in certain well-defined circumstances

Question 3

What are the Millan principles?

Answer 3

Non-discrimination, equality, respect for diversity, reciprocity, informal care, participation, respect for carers, least restrictive, benefit, child welfare

Question 4

What are some examples of things commonly mistaken for mental disorders?

Answer 4

Sexual orientation and sexual deviancy
Transsexualism and transvestism
Dependence and use of alcohol or drugs
Behaviour that others find distressing

Question 5

What is significantly impaired decision making ability (SIDMA)?

Answer 5

As a result of a mental disorder, the patient’s ability to make decisions about medical treatment is significantly impaired

Question 6

Is SIDMA the same as incapacity?

Answer 6

No = SIDMA is a mental disorder in it’s own right

Question 7

What is the impact of SIDMA?

Answer 7

Affects ability to believe, understand and retain information, make decisions and communicate their decisions

Question 8

What are some examples of significant risk to the patient?

Answer 8

Suicide, self harm, wandering, deteriorating in mental state, starvation/dehydration, poor self care

Question 9

What are some examples of significant risk to other people due to a patient?

Answer 9

Aggression, violence, sexual assault, intimidation, arson

Question 10

What are some features of an emergency detention order?

Answer 10

72 hour assessment = doesn’t authorise treatment
No right of appeal
Patient likely to have mental disorder
Must be fully registered doctor (FY2 and above)
Involve mental health officer where possible

Question 11

What are some features of a short term detention order?

Answer 11

Up to 28 days for assessment and treatment
Needs approved medical practitioner and MHO
Right of appeal
Patient likely to have mental disorder

Question 12

When can a short time detention order be extended?

Answer 12

If extra time is needed to put together application for a CTO = 3 days
Once CTO application submitted = 5 days

Question 13

What are some features of a compulsory detention order?

Answer 13

Initially up to 6 months
Approved medical practitioner and MHO
Mental disorder must be present
Mandatory tribunal must take place

Question 14

What paperwork is needed for a compulsory detention order?

Answer 14

Needs reports from 2 independent doctors = 2 AMPs or a GP and an AMP
MHO makes application to tribunal service

Question 15

How long does a compulsory detention order authorise treatment for?

Answer 15

Up to 2 months of detention

Renewal at 6 months and then yearly

Question 16

When is emergency treatment authorised?

Answer 16

To save patient’s life or alleviate serious suffering

To prevent serious deterioration or the patient being in danger

Question 17

What must be filled out after up to 7 days of emergency treatment?

Answer 17

A T4 certificate

Question 18

How long can medication be given for under a short term detention or compulsory detention order?

Answer 18

2 months

Question 19

What treatments aren’t authorised to be given under a short term detention or compulsory detention order?

Answer 19

Electroconvulsive therapy, nutrition by artificial means, vagus nerve stimulation, transcranial magnetic stimulation, any medication for reducing sex drive, neurosurgery

Question 20

What is an advanced statement?

Answer 20

Written statement signed when person is well = witnessed and dated, details how they would prefer to be treated if they were to become ill, can be overruled

Question 21

Who must regard an advanced statement?

Answer 21

Tribunal and medical practitioner

Question 22

What are some features of a named person?

Answer 22

Person chosen by patient to support them and protect their interests
Have same rights to be notified and attend tribunal hearings

Question 23

What are some features of a mental health tribunal?

Answer 23

Organised by mental health tribunal service for Scotland
Decide on CTO applications and appeals
Take place in hospital

Question 24

Who makes up the panel of a mental health tribunal?

Answer 24

Psychiatrist, solicitor and third person with other experience

Question 25

Who may be present at a mental health tribunal?

Answer 25

Patient and their solicitor, named person and their solicitor, AMP and their solicitor, MHO, nursing staff, curator ad litem

Question 26

What is the curator ad litem?

Answer 26

Legal representative appointed by court to represent best interests of patients who lack capacity

Question 27

What are some features of nursing holding power?

Answer 27

Up to 3 hours = must be registered mental health or intellectual disability nurse
Patient in hospital and receiving treatment
Necessary for protection of health and safety of patient and others

Question 28

What are some features of policing powers?

Answer 28

May remove patient to place of safety from public place = person must appear to have mental disorder and be in need of treatment, up to 24 hrs

Question 29

What are some features of the mental health commission?

Answer 29

Encourages best practice = publishes info/guidance
Covers carrying out patient visits, investigations, interviews and medical examinations
Inspect patient records