Legal aspects of psychiatry Flashcards
Why do we need mental health legislation
Power to provide compulsory care and treatment for people with a mental disorder
Rights and safeguards to make sure those powers are used appropriately
Duties for NHS boards and local authorities to provide appropriate care to those with mental health disorders
What is a mental disorder
Mental illness
Personality disorder
Learning disability
However caused or manifested
Can an FY1 detain an individual under the mental health act
No
What are the different classes of the mental health detentions
Emergency detention certificate- authorised for 72 hours
Short term detention certificate- authorises detention for 28 days
Compulsory treatment order- authorises detention for 6 months
Nurses holding power- authorises detention for three hours
What are the specified criteria for detaining an individual under the mental health act
Patient has a mental disorder
The patients decision making ability with regard to medical treatment is significantly impaired
Must also be satisfied that it is a matter of urgency, significant risk to health, you are making arrangements with a view to grant a short term detention certificate
If you remember nothing from this lecture, what should you remember
The criteria for detention:
Mental disorder
Significant impairment of decision making ability
Significant risk to health,safety of welfare of the person or the safety of any other person
Treatment available
All you need to know about is adults in capacity and mental health act and NHS course, which is available online
thanks ill have a look at that for some revision before exams, instead of wasting my time on these study cards that i made pure half assed
What are some key points from the emergency detention act
the patient has to have a medical disorder
because of this their decision making capabilities are reduced
It is necessary as a matter of urgency that the patient has to stay in hospital.
health and safety risk if they weren’t in hospital
What are some key points from the short term detention act
the patient has to have a mental disorder
The patient in impaired regarding their decision making capabilities
The patient must be in hospital in order to get treatment
If the patient isn’t in hospital then they will be of significant risk to themselves or others
a short term certificate is necessary
What are some key points from the compulsory treatment order section 64
Is an application to the mental health tribunal made by the mental health officer
Tribunal considers evidence and makes a decision
Testimonies? from GP and approved medical practitioner or two approved medical practitioners
Must be satisfied that treatment is to prevent deterioration/alleviate symptoms
compulsory treatment disorder is necessary
What is the adults with incapacity act (2000)
An act that applies to those who it is proven do not have capacity. This applies to property, welfare or financial areas.They may have capacity about other things but not specifically to these areas
What specific principles must be considered when considering the adults with incapacity act?
The intervention must benefit the adult
Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of intervention
Account must be taken of the past and present wishes of the adult
The views of relatives and carers must be taken into account as well as the views of relevant others.
What powers can be granted in the adults with incapacity act?
Intervention order- one off power required, requires application to a court
Guardianship order- someone else is appointed to make decisions on behalf of them
What can you not authorise through the adults with incapacity act?
Use of force or detention unless immediately necessary
Any action that would be inconsistent with any decision by a competent court
Placing an adult in hospital for the treatment of mental health disorder against his will
