The Scottish Mental Health Act Flashcards
Who does the Mental health act apply to?
People who have:
- Mental illness
- Learning disability
- Personality disorder/Mental disorder
What section of this act covers emergency detention of a patient?
Section 36
How long does an EDC last?
72 hours
Who can give an EDC?
Any registered medical practitioner
Who can grant a STDC?
Any section 22 registered doctor (usually a psychiatrist or trained GP) with a mental health officer.
How long does an STDC last?
28 days
Can you appeal an EDC?
No
Can you give treatment under an EDC?
No
Who can grant a CTO?
Must be approved by a tribunal.
How long does a CTO last for?
6 months. It can then be extended for 6 months and then for 12 months at a time.
What does every person with a mental illness have the right to in terms of legal support?
- An independent advocate
- Free legal represntation at tribunal hearings.
What subsection of the mental health act allows treatment in STDC?
16
What power do the police have if they believe you are in immediate danger in a public place due to a mental condition?
Power to remove a person to a place of safety if
1. You are in a public place
2. They suspect you have a mental disorder
3. They suspect you are in immediate need of care or treatment
They can take you to a place of safety which can be hospital/care home. They can keep you there for 24 hours.
What is the criteria of an EDC?
- It is likely that you have a mental disorder
- It is likely that your ability to make decisions about medical treatment is significantly impaired as a result of your mental disorder.
- There is a risk to your health, safety or welfare or the safety of other people.
- It is necessary as a matter of urgency to detain you in hospital and that making arrangements to grant an STDC would take too long
When does the 72 hours start in an EDC?
When the patient is admitted to hospital. They also must be admitted within 72 hours or the certificate is no longer valid.
