The Mental Health Act Flashcards
What is the purpose of the Mental Health act?
Protects rights of people with a mental disorder
Ensures those with a mental disorder receive effective care and treatment
What does the Mental Health act override?
An individual’s right to self determination = for their benefit in certain well-defined circumstances
What are the Millan principles?
Non-discrimination, equality, respect for diversity, reciprocity, informal care, participation, respect for carers, least restrictive, benefit, child welfare
What are some examples of things commonly mistaken for mental disorders?
Sexual orientation and sexual deviancy
Transsexualism and transvestism
Dependence and use of alcohol or drugs
Behaviour that others find distressing
What is significantly impaired decision making ability (SIDMA)?
As a result of a mental disorder, the patient’s ability to make decisions about medical treatment is significantly impaired
Is SIDMA the same as incapacity?
No = SIDMA is a mental disorder in it’s own right
What is the impact of SIDMA?
Affects ability to believe, understand and retain information, make decisions and communicate their decisions
What are some examples of significant risk to the patient?
Suicide, self harm, wandering, deteriorating in mental state, starvation/dehydration, poor self care
What are some examples of significant risk to other people due to a patient?
Aggression, violence, sexual assault, intimidation, arson
What are some features of an emergency detention order?
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
What are some features of a short term detention order?
Up to 28 days for assessment and treatment
Needs approved medical practitioner and MHO
Right of appeal
Patient likely to have mental disorder
When can a short time detention order be extended?
If extra time is needed to put together application for a CTO = 3 days
Once CTO application submitted = 5 days
What are some features of a compulsory detention order?
Initially up to 6 months
Approved medical practitioner and MHO
Mental disorder must be present
Mandatory tribunal must take place
What paperwork is needed for a compulsory detention order?
Needs reports from 2 independent doctors = 2 AMPs or a GP and an AMP
MHO makes application to tribunal service
How long does a compulsory detention order authorise treatment for?
Up to 2 months of detention
Renewal at 6 months and then yearly
When is emergency treatment authorised?
To save patient’s life or alleviate serious suffering
To prevent serious deterioration or the patient being in danger
What must be filled out after up to 7 days of emergency treatment?
A T4 certificate
How long can medication be given for under a short term detention or compulsory detention order?
2 months
What treatments aren’t authorised to be given under a short term detention or compulsory detention order?
Electroconvulsive therapy, nutrition by artificial means, vagus nerve stimulation, transcranial magnetic stimulation, any medication for reducing sex drive, neurosurgery
What is an advanced statement?
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
Who must regard an advanced statement?
Tribunal and medical practitioner
What are some features of a named person?
Person chosen by patient to support them and protect their interests
Have same rights to be notified and attend tribunal hearings
What are some features of a mental health tribunal?
Organised by mental health tribunal service for Scotland
Decide on CTO applications and appeals
Take place in hospital
Who makes up the panel of a mental health tribunal?
Psychiatrist, solicitor and third person with other experience
Who may be present at a mental health tribunal?
Patient and their solicitor, named person and their solicitor, AMP and their solicitor, MHO, nursing staff, curator ad litem
What is the curator ad litem?
Legal representative appointed by court to represent best interests of patients who lack capacity
What are some features of nursing holding power?
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
What are some features of policing powers?
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
What are some features of the mental health commission?
Encourages best practice = publishes info/guidance
Covers carrying out patient visits, investigations, interviews and medical examinations
Inspect patient records
