The Mental Health Act & the law Flashcards
Define “mental disorder”?
An abnormal state of mind, whether of a continuous or intermittent nature, which is characterised by delusions, or by disorders of mood, volition, cognition, or perceptions;
(commonly referred to as the ‘first limb’ of the definition)
AND
that abnormal state of mind must be of such degree that it:
i. poses a serious danger to the health or safety of the person or of others;
OR
ii. seriously diminishes the capacity of the person to take care of him/herself.
(commonly referred to as the ‘second limb’ of the definition)
Outline your understanding of the definition of ‘disorders of volition and cognition’?
Means:
An inability to consciously choose or will to act or abstain from acting on a will or choice.
AND
An inability in cognition to perceive, know, recall, think, learn, evaluate and understand information, past experience or make plans
When the person has a disorder of volition and cognition it means that there is a change in their ability to perform these tasks to their best abilities.
What are some examples of disorders of volition and cognition?
- Catatonic excitement
- Withdrawal
- Passivity
- Hallucinations
- Depressive stupor.
What type of thought process may you see in a person with disorder of cognition?
- Slowed
- Manic
- Disorganised
What is the intention of the Mental Health Act 1992?
The INTENTION OF THE ACT is described as follows:
a. To define the circumstances in which compulsory assessment and treatment may occur
b. To ensure that both vulnerable individuals and the public are protected from harm
c. To ensure that the rights of patients and proposed patients are protected
d. To ensure that assessment and treatment occur in the least restrictive manner consistent with safety
e. To provide a legal framework consistent with good practice
f. To promote accountability for actions taken under the Act
(Ministry of Health, 2012, p. 1).
What rights do patients under the Mental Health Act lose?
- refuse medication
- who is in charge of their treatment
- refuse treatment
- unreasonable search and seizure
- process for detention
Who is defined as family / whanau under the Act?
“a set of relationships a patient or proposed patient defines as family/whanau.” It is not limited to blood but can include the following;
- Spouse or partner
- Relatives
- Mixture of relatives, friends and others in a support network
- Only non relatives of the patient/proposed patient
Outline your understanding of the concept ‘best interests’?
The interests of the person/patient come ahead of everything else and anybody else’s interests.
What are the rights of the patient under the Mental Health Act 1992?
- know their legal status
- have condition reviewed by a judge
- have condition reviewed by a “review tribunal”
- appeal
- judicial inquiry
True or False?
Patients have to be informed in writing of their legal status.
True
True or False?
Patients have the legal right to receive and make telephone calls at reasonable times and intervals
True
True or False?
A psychiatrist may prevent a patient from seeking independent legal advice.
False
True or False?
Patients don’t always need to be informed about the expected effects of their treatment.
False
True or False?
Every patient has the right to be dealt with in a culturally appropriate manner. This is enforceable.
True
True or False?
Patients have no right to a judicial enquiry.
False
