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*Psychiatry > Legal Aspects of Psychiatry > Flashcards

Legal Aspects of Psychiatry Flashcards

1
Q

How is a mental disorder defined?

A

Any mental illness, personality disorder or learning disability
However caused or manifested

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2
Q

Who can be detained?

A

Anyone

<18 need child/adolescent specialist

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3
Q

How long is detention authorised for under an emergency detention certificate?

A

72hrs

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4
Q

How long is detention authorised for under a short term detention certificate?

A

28 days

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5
Q

How long is detention authorised for under aa compulsory treatment order?

A

Up to 6 months

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6
Q

How long is detention authorised for under a nurses holding power?

A

Up to 3hrs

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7
Q

What is required to implement an Emergency Detention certificate?

A 
Registered medical practitioner
Must be likely that:
 - Patient has mental disorder
 - Because of above, the patients decision making regards to medical treatment
Must be urgent and the patient at risk
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8
Q

What is required to implement an short term Detention certificate?

A 
Approved medical practitioner
Must be likely that:
 - Patient has mental disorder
 - Impaired decision making 
 - Decision to do so is necessary 
 - If not detained, there is risk to patient or others
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9
Q

What is required to implement an Compulsory Treatment Order?

A 
Application to Mental Health Tribunal 
2 approved medical practitioners
Satisfied that:
 - Patient has mental disorder
 - Medical Rx is available that would help
 - Without Rx there is risk to health, safety or welfare
 - Impaired decision making
 - The Order is necessary
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10
Q

What are the criteria for detention?

A 
(Suspected) Mental disorder
Significant impairment of decision making ability for medical treatment
Significant risk to self or others
Treatment available
Order necessary
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11
Q

Who are the important individuals in mental health detention?

A

Named persons

Access to advocacy

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12
Q

What is required to establish an individual’s named person?

A

Nominated by patient and witnessed

Named person must have witnessed acceptance

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13
Q

What are the considerations when applying to the mental health act?

A

Intervention must benefit adult, being as least restrictive as possible
Account taken of wishes of adult and account taken of views of relevant others

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14
Q

How does the law regard capacity?

A

Capacity ASSUMED present unless proven otherwise

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15
Q

What are the main areas of capacity?

A

Property
Welfare (medical)
Financial

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16
Q

What are the legal powers over capacity?

A 
Intervention Order (1 off)
Guardianship Order (make decisions for someone else)
17
Q

Use of the Mental Health Act doesn’t authorise what?

A
  • Use of force or detention unless immediately necessary and for only as long as necessary
  • Action inconsistent with any decisions by court
  • Placing an adult in hospital for treatment of mental disorder against his will
18
Q

What are the Police Powers over mentally disordered offenders?

A

Removal from public place
Detain for up to 24hrs
Allow assessment and arrangements for their care

19
Q

What are the requirements of an Assessment Order?

A 
Court satisfied there are grounds of: 
 - Mental disorder
 - Detention in hospital is necessary
 - Civil criterion met
 - Treatment 
 - Suitable available within 7 days
 - Assessment could not be undertaken 
Consider circumstances and alternative means
20
Q

What are the requirements of a treatment order?

A

Court satisfied by argument of 2 medical practitioners that:

  • Treatable Mental disorder
  • Civil risk
  • Bed within 7 days
21
Q

What are the requirements of a compulsion order?

A

Court satisfied by argument of 2 medical practitioners that:
- Treatable mental disorder
- Significant risk
- Necessary to be in hospital
Consider restriction and level of security needed

22
Q

What are the requirements of a compulsion order?

A

Oral evidence from atleast 1 medic that:
- Regarding nature of offence of which adult is charged
- As result of mental disorder adult would commit offences
NO LIMIT OF TIME of restriction

23
Q

What are the effects of a restriction order?

A

Restriction without time limit
Must review annually
Patient and named person can apply for a review by tribunal
Automatic hearing if none in last 2 years

24
Q

What are the type of state hospitals in the UK?

A

High, Medium and Low security with Community centres

25
Q

What are the roles of state hospitals?

A

Necessary to detain subjects under Mental Health Act who require treatment under conditions of special security on account of dangerous/criminal propensities

*Psychiatry (18 decks)

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