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SSGT CPK 2017-727 > Chapter 3: Mental Health > Flashcards

Chapter 3: Mental Health Flashcards

1
Q

Mental Health (Compulsory Assessment and Treatment) Act 1992

What is def’n of mental disorder?

A
  • In relation to any person,
  • an abnormal state of mind
  • (whether continuous or intermittent)
  • characterised by :
  • delusions,
  • disorders of mood,
  • perception,
  • volition
  • cognition
  • of such a degree that it:
    a) poses serious danger to H&S of person or others
    b) seriously diminishes capacity of that person to care for themselves
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2
Q

Mental Health (Compulsory Assessment and Treatment) Act 1992

Sn 38 - ie. if a person believes someone may be suffering from a mental disorder, what do they do (x1) and what does DAO do? (x2)

A
  • believes person suffering from mental disorder request assistance of DAO
  • DAO must:
  • investigate, satisfy himself that, concern is genuine, RGB to believe person may be suffering mental disorder,
  • Decide whether person needs medical examination urgently in interests of person or another.
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3
Q

Mental Health Act

Sn 38 - what must DAO do if needs non-urgent medical examination? x4

A
    • Needs medical examination, but not urgently
      - Arrange Med. Prac to examine person - to issue certificate
      - Cert issued, assist to apply under 8A for Assessment
      - Arrange Assessment Examination
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4
Q

Mental Health Act 1992

DAO does what?
Medical Practitioner does what?
Psychiatrist or Dr does what?

A

DAO = Investigates

MED PRAC. = Medical Examination

PSYCHIATRIST / DOCTOR = Assessment Examination

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5
Q

Mental Health Act 1992

Sn 38 - what must DAO do if person needs urgent medical examination?

A
    • Urgent med. exam
      - Med Prac to come to patient to examine (if available)
      - Steps to ensure Med Prac. can examine (call police)
      - (if unavailable), try to take to Med Prac.
      - if refuses to go willingly:
      - Take to Med Prac. (call cops, sn41)
      - Ensure Med Prac. can examine and issue Certificate
  • Once cert. issued, assist to apply under 8A for Assessment Examination, or apply themselves
  • Arrange Assessment Examination Sn9
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6
Q

Mental Health Act 1992

Sn39 (REFERS TO OUTPATIENTS AND INPATIENTS ON LEAVE)

  1. what 3 types of patients does this apply to?
  2. Who can ask for help and who do they ask?
  3. What 3 steps are taken initially by DAO, (remember, this person is already under MH…)
A
  1. Patients subject to:
    - assessment otherwise than in hospital,
    - community treatment order,
    - on leave from hospital as inpatient
  2. DAO can be called by anyone.
  3. DAO must:
    - Investigate matter, ensure valid concerns
    - Inform RESPONSIBLE CLINICIAN of concerns
    - give other assistance as needed
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7
Q

Mental Health Act 1992:
Sn40 (REFERS TO TAKING PATIENT / PROPOSED PATIENT TO PLACE FOR TREATMENT/ASSESSMENT AND THEY’RE REFUSING)

1 - which patients does this effect. x3 - (similar 5x in Sn39)
2 - what must DAO do before asking police for help? (take…x2)

A
  1. Patient required to attend place, and refusing to attend for: - assessment exam, examination, hearing, review
    and
  • Patients subject to Community Treatment Order and refusing to attend, and
  • Patients subject to in-patient order, and absent from hospital without leave, when leave expired…
  1. DAO - take reasonable steps to take patient to requisite place
    - take patient back to hospital.
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8
Q

Mental Health Act 1992

Sn 41 - police powers and assistance of DAO for urgent Medical Exam where patient refusing to go.

1) - 4)

A

1) DAO may call constable for assistance for (38 - Medical examination urgently, refusing to go)

2) Constable may enter premises of patient and produce ID/badge
3) Detain person for shorter of 6hrs or time it takes to conduct medical exam
4) Take person to place of medical exam, and detain for shorter of 6hrs or time for m.e.

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9
Q

Mental Health Act 1992

Sn 41 - What can a constable do if DAO asks for assistance for person refusing to remain, or attend for 5 different things…re. exam and treatment.

What are these 5 things?

How long can we detain them?

What should we do if practical?

A

5) Constable enters premises of patient, must produce ID, can detain patient for Med Exam or take patient to place required for:
* Medical Examination
* assessment exam Sn9
* assessment sn 11 (5days)/13 (14days)
* review
* community treatment order

  • detain 6hrs or time takes to do what is needed to do the thing…
  • take back to hospital if inpatient and AWOL
  • if reasonably practical to obtain warrant, get one!
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10
Q

Mental Health Act

Sn 109 - Police powers in relation to person appearing mentally disordered in public place

first bit - what do we have to believe and what can we do?

If med prac thinks not mental - then what.

A

1) Person found wandering at large, public place, acting in manner, RGB may be mentally disordered, if desirable in the interests of person or public:
- Take to police stn, hosp, surgery and
- arrange for Med Prac. to examine asap

Med Prac. determines NO RGB mentally disordered, then RELEASE forthwith.

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11
Q

Mental Health Act
Sn 109 - Police powers in relation to person appearing mentally disordered in public place:

What happens if they are deemed Mentally Disordered
Already detained at station, what are the next 4 steps.

A
  • If RGB suffering mental disorder, and desirable for assessment examination:
  • Medical Prac ASAP issue certificate under 8B(4)(b) and make application under 8A
  • Cop may continue to detain till Ass. Exam complete or take to another place and detain there for Ass. Exam.
  • 6hrs, or time for exam - whichever shorter.
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12
Q

Mental Health Act

Sn 110C - Police powers when urgent assistance required. ie. If called to assistance, do what? x4

Then when at place, how long can you detain, and for what (x3)?

A

Constable called to assistance of Med. Prac. may

  • enter premises of patient
  • produce ID if not in uniform
  • detain patient or
  • take to place nominated by med prac.

detain 6hrs or shorter for
Sedative
Medical Exam
Assessment Exam

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13
Q

Mental Health Act 1992

Sn 122B - use of force (emergency powers re. mental health) - reasonably necessary to ? x2

What must you do after this re. reporting? x2

A

Exercising powers in emergency, use such force as is reasonably necessary

  1. Take or retake
  2. Enter premises
  • Circ’s of force used must be recorded ASAP
  • Copy of record to Director of Area Mental Health Services ASAP
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14
Q

PEOPLE WITH MENTAL IMPAIRMENTS - Police Manual

What does Mental Disorder NOT include x5

A
  • Political, religious or cultural beliefs
  • sexual preferences
  • criminal, delinquent behaviour
  • substance abuse
  • intellectual disability
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15
Q

Mental Health
What are the steps for person suffering from mental disorder - ie. in relation to the person and what should happen, 1-6 first… x6

(scroll)

A
  1. Ask DAO for assistance
  2. DAO investigates and decides whether Med Exam needed, and how urgently
  3. DAO arranges Med. Practitioner to do Medical Examination.
  4. Med Prac. decides whether certificate needs to be issued for Compulsory Assessment Examination 8B(4)(b)
  5. Psychiatrist/Dr carries out Assessment Examination
  6. Person then compelled by court (Community Treatment Order or Inpatient Order) to undergo treatment.
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16
Q

MENTAL HEALTH
We have legal powers under ‘Sn41’

1/3 Assisting a DAO (at the home)
When can we assist? x2
What can we do if its an emergency?
What do we have to remember? x3

A
    • Person believed to have mental disorder
    • Needs med. exam urgently and DAO needs help to effect Sn38(4)(b)
      (this Sn is to enable med practitioner to examine person )

*with force if necessary in emergency

we may:

  • Enter,
  • Produce ID,
  • Detain 6hrs or time of exam.
17
Q

MENTAL HEALTH
We have legal powers under Sn41

2/3 Assisting DAO (taking from home)
When can we assist? x2
What do we have to remember x3

A
    • Person must go to Med Prac for med exam, unwilling
    • Help DAO take and ensure they’re examined Sn38(4)(d)

we may:

  • enter
  • Produce ID
  • Detain 6hrs or time of exam
18
Q

MENTAL HEALTH
We have legal powers under Sn41

3/3 Assist a DAO - What can we do with patients refusing…
What may we do/remember x5?

A
    • take or return Patients to place of assessment or treatment if refusing or absent without leave Sn40(2)
      * with force if necessary in emergency

we may:

  • Enter
  • produce ID
  • take person to place required to attend,
  • for up to 6hrs for assessment, examination, review, treatment
  • return to hospital
19
Q

Mental Health CAT ACT

What is the preferred action re. place of examination?

A

Dr examine in person’s home.

20
Q

Mental Health: What should you do before exercising powers under MH CAT Act?

A

If reasonably practical to obtain warrant to enter, get one.

21
Q

Mental Health: How is a warrant applied for, who can apply x2 points?

A

Only police constable or Director of Area Mental Health Services can apply for a warrant.

HOWEVER, Has been agreed by MOH and Police that warrant can be completed by police OR DAO. constable must sign and swear it tho.

22
Q

Mental Health: What must you do upon entry under MH CAT Act?

A

If not in uniform, produce ID Badge or evidence you are police to occupier.

23
Q

Mental Health

Arrest Provisions apply when exercising powers under MH CAT Act with or without warrant - what are these?

Crimes Act
Sn 30 - protection
Sn 31 - powers
Sn 34 - assistance

A

Sn30: Protected from criminal responsibility if you arrest wrong person in good faith and RGB the person is the one named in warrant

Sn31: All statutory powers of arrest without warrant on all constables

Sn34: Power to assist a constable in an arrest on anyone asked to do so.

24
Q

Mental Health - Using Force

What are the rules re. the use of force when acting in a 1M emergency? x2

What tool do you use to asses your actions?

What has to happen BEFORE you can use force?

A
  1. If acting in an emergency when assisting a DAO you can use reasonable force if necessary to enter, to detain, to transport…
  2. If you act without statutory authority you have no protection from civil or criminal liability even if you’ve acted in good faith.
  • use TENR
  • Health professional has issued notice under relevant section
  • This has been explained to the patient.
25
Q

Mental Health: What can you do if DAO asks for assistance - what can you check? x2

A
  • Check credentials

* Check certificate/notices - (relevant assessment cert. or compulsory treatment order)

26
Q

Mental Health

What do the Notices 9, 11, 13, for Assessment-Examination or Treatment state x3 - who are they explained to?

Can a patient be moved without these notices?

Force can only be used if…x3?

What do we do if force used is more than minimal?

A

ISSUED NOTICE AND EXPLAINED TO PATIENT:

  • Reason for Assessment Examination / Treatment
  • Time and Place
  • Who will perform it

Person cannot be moved without any of these notices: 9, 11, 13.

Use force only if :

  • DAO give instructions to do so, and
  • Notice issued and explained to patient, and
  • Patient is likely to suffer harm or harm others or damage property.

TOR if more than minimal force used .

27
Q

Mental Health - what are the headings for the 3 sections.
Section 9?
Section 11?
Section 13?

A

Sn9 - Assessment Examination

Sn11 - Further Assessment and Treatment for 5 days

Sn13 - Further Assessment and Treatment for 14 days

28
Q

Mental Health

Indemnity against civil claims for damage when entering…Do not use force unless x2:

A
  • District has obtained general indemnity from Mental Health Service against civil claims for damage, or
  • DAO been informed, accepted responsibility for damage and asked you to continue
29
Q

Mental health - What are the rules around taking someone to a police station for assessment? (x5 points)

A
  • If asked to take person to station, not obliged to do so.
  • No offence committed offence and not under arrest… Unsuitable unless absolutely no alternative.
  • You can, if appropriate, advise DAO that the person can be taken to hosp or other treatment facility by police.
  • If person violent or no bed at hosp, police sometimes asked to detain at station.
  • If detained BOR given.
30
Q

Mental Health - what should you do if DAO not present at scene? x3

A
  • Do not do the job of health professional.
  • If not urgent, decline to take further action.
  • Police should not be involved in Applications for Assessment!!
31
Q

Mental Health - Assisting Medical Practitioner

You can help a Med. Prac do three things, what is #1 - (RGB mental disorder, urgent…)

A
  1. Med Prac. needs to examine person acting in manner RGB person mental disordered and urgent or in interests of self/others:
  • Enter
  • Produce ID
  • At request of Med Prac:
  • Detain person there, or
  • Take to place nominated and detain there

6hrs or time take for medical examination

32
Q

Mental Health - Assisting Medical Practitioner

You can help a Med. Prac do three things, what is #2 - (significant danger…)

A
  1. Med Prac. issues cert person urgently needs Assessment Examination, believes person significant danger to self/others, needs to be sedated, help administer drug (restrain)
  • Enter
  • Produce ID
  • At request of Med Prac:
  • Detain person there, or
  • Take to place nominated and detain there

6hrs or time take for medical examination

33
Q

Mental Health - Assisting Medical Practitioner

You can help a Med. Prac do three things, what is #3 - (assessment exam…)

A
  1. Person undergoing Assessment Examination, help med prac. who carries out assessment.
  • Enter
  • Produce ID
  • At request of Med Prac:
  • Detain person there, or
  • Take to place nominated and detain there

6hrs or time take for medical examination

34
Q

Mental Health

If acting in an emergency, you can use force as reasonably necessary to ‘do’ what three things?

A
  • enter premises
  • Detain person, Proposed patient or patient
  • Take or retake person, proposed patient or patient
35
Q

Mental Health

If asked to assist med. prac. what steps should you follow? x4

A
  • verify the urgency (can’t use force unless emergency)
  • Use force only if necessary and if authorised
  • Advise of BOR when detained
  • TOR and report to Director Area Mental Health Services
36
Q

Mentally Disordered people wandering at large…
What Section do police use?
What steps should you take? x7

(scroll)

A

Sn109 Mental Health CAT Act 1992

Wandering at large, RGB mental disorder, Interests of person/public…

  1. Check person’s status (QP) - 2M from hospital?
  2. Known psych history, contact hospital for info
  3. Find out if on leave from Psych Hosp. If so, leave revoked and returned to Hosp by DAO, person in charge or cop.
  4. Take person to station, hospital, surgery, approp.place
  5. Contact DAO
  6. Arrange for Med. Prac. exam asap
  7. if RGB mental disorder and urgent assessment exam reqd, then cert issued and assessment applied for.
37
Q

Mentally Disordered Persons on Private Property

What is our authority?

A

Police have NO POWER under MH CAT act to enter private property or detain person on private property unless asked to do so by DAO or Med Prac.

38
Q

Mentally disordered persons on private property

If no DAO or not authorised under MH Act, what options are open to you under S&S Act and C.A. 1961?

4 x S&S act Sections - what are they:

  • RCS unlawfully @large
  • offence pun. prison
  • prevent inj or damage
  • Firearms, incapable of control

1 x Crimes Act

scroll

A

Sn7 S&S Act

  • RGS unlawfully at large. ie. inpatient absent without leave
  • Enter without warrant, - Search for and arrest

Sn8 S&S Act

  • RGS committed offence punishable by prison
  • RGB person will abscond, CADD evidence
  • enter without warrant, - search for and arrest

Sn14 S&S Act

  • RGS risk to life of safety
  • RGS entry will stop or prevent offence that might injure someone or cause serious loss/damage of property
  • Enter place/vehicle

Sn18 S&S Act

  • if RGS poss’n firearms and mental condition incapable of proper control
  • enter Private property

Sn41 Crimes Act

  • Prevent suicide or offence likely to cause immediate and serious injury or serious damage to property
  • Prevent act RGB would amount to suicide if committed

SSGT CPK 2017-727 (13 decks)

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