the law

Question 1

what is the legislation that can be used to detain and treat patients in scotland with a mental disorder?

Answer 1

mental health care and treatment act 2003

Question 2

what is a mental disorder defined as?

Answer 2

mental illness
personality disorder
learning disability

Question 3

is addiction a mental disorder?

Answer 3

no

Question 4

how long does an emergency detention allow a patient to be kept in hospital for?

Answer 4

72 hours

Question 5

does an emergency detention allow tx

Answer 5

no

Question 6

who can complete an emergency detention?

Answer 6

FY2 or above

Question 7

can it be legally appealed?

Answer 7

no

Question 8

where possible, who should be informed during an emergency detention ?

Answer 8

MHO

Question 9

what is the criteria for emergency detention?

Answer 9

likely that they have a mental disorder, which is impairing them from making decisions about tx
it is necessary to detain in hospital to decide what tx they need. If not detained, they would pose risk to themselves or others

Question 10

what is the disadvantage of a short term detention ?

Answer 10

it causes delays

Question 11

how long can a patient be held under short term detention?

Answer 11

28 days

Question 12

how do you get a short term detention?

Answer 12

has to applied for by an approved medical practitioner - trained psychiatrist

Question 13

can it be appealed?

Answer 13

yes, can be appealed in front of a tribunal or mental health welfare commission

Question 14

short tern detention requires consent of?

Answer 14

MHO

Question 15

criteria for CTO

Answer 15

patient has a mental disorder

treatment to make patient better is available

Question 16

who applies for a CTO?

Answer 16

MHO with supporting letters from 2 Drs, one of which is a psychiatrist involved in the patients care

Question 17

case is heard in front of ?

Answer 17

mental health tribunal, where patient is entitled to legal representation

Question 18

if granted, what does a CTO mean?

Answer 18

imposes conditions of treatment and residence on the patient for 6 months

Question 19

can the decision be appealed?

Answer 19

yes, at any time by patient or named person

Question 20

what is an advanced statement ?

Answer 20

a legal statement in which patient outlines what tx they do not want if they become ill in the future and lose capacity to make such decisions