ethics and law

Question 1

what is care programme approach

Answer 1

it is a programme usually involve those who have just been sectioned under the mental health act, have a risk of suicide or self harm, violent behaviours, are vulnerable/learning disabilities, have used drugs, rely upon the help of a carer.

formulate detailed care plan in the case of an emergency or crisis

Question 2

when can confidentiality be broken

Answer 2

obligated ti disclose if

in public interest - prevention, detection, prosecution of serious crime, or in relation to fitness to drive

in best interest pt, pt legally incapable because of severe mental or physical illness (lacks capacity)

Question 3

what is mental capacity

Answer 3

legal presumption that adult person have ability to make decisions

Question 4

what is mental competence

Answer 4

clinical determination of a patients’ ability to make decision about his or her treatmen

Question 5

what are the tests for mental capacity?

Answer 5

understand, retain info long enough to reach a reasoned judgement

regardless of decision reached can can then communicate that decision

then this person has capacity

Question 6

what are the special conditions for mental capacity

Answer 6

decision specific

can only be done for the present

Question 7

what is another word for compulsory admission and treatment

Answer 7

mental health act

Question 8

what is common law

Answer 8

law based on previous court rulings

Question 9

what is deprivation of liberty safeguard

Answer 9

DOLs leads to patient deprived of their own liberty for their best interest

eg patient made to stay in care home as seriously demented

boxing gloves

Question 10

how can you put out a Mental Health act sectioning

Answer 10

2 seperate doctors, one of which must be section approved and be experienced in diagnosing psychiatric conditions

Question 11

what is the principle view of sectioning under Mental Health act

Answer 11

to protect patient’s own health
to protect patient’s safety
with a view to protect others

Question 12

what is section 2 of the MHA?

Answer 12

allow pt to be admitted for investigation and assessment

Question 13

how long does section 2 last

Answer 13

28 days

Question 14

who can put in a section 2 of MHA

Answer 14

AMHP (approved mental health practitioner) suggested by 2 seperate doctors (one of which must have experience in diagnosis and treatment of mental disorder)

Question 15

can treatment be given under section 2 of MHA

Answer 15

only if aimed at treating mental disorder or conditions directly resulting from disorder

Question 16

can section 2 of MHA be revoked? if so who can do that?

Answer 16

yes it can be revoked by the responsible clinician, hospital manager or nearest reative

Question 17

can a patient appeal against a section 2?

Answer 17

yes, but can only do that within 14 days of the sectioning being put down

Question 18

what is the section 3 of the MHA for?

Answer 18

can be admitted and detained under section 3 after a conclusive periods of section 2

a tx plan has to be in place before a section 3 be used

therefore, practice is that section 2 then section 3 (although if diagnosis is clear and no doubt, a direct section 3 can be used)

Question 19

how long is section 3 for?

Answer 19

up to 6 months

Question 20

who can put in a section 3?

Answer 20

AMHP suggested by 2 seperate doctors of which one must have a experience in diagnosis and treatment of mental health disorder

Question 21

what must be done after 3 months and if treatment is required

Answer 21

after 3 months of treatments, the patient will have to consent to further treatment or approved by another doctor

this 3 month periods start in the beginning of section 2 (if it was used)

Question 22

who can request the discharge of patient who is currently under section 3

Answer 22

responsible doctors, hospital manager and relative

Question 23

can patient appeal against a section 3?

Answer 23

yes, they can do so 2x in the first 6 months of sectioning then once every year after then

if a patient has never appealed against section 3 then an appeal is made for them every 3 year for their sake

Question 24

can a section 3 be extended

Answer 24

yes, it can be renewed at the end of every 6 months

Question 25

what is a section 17?

Answer 25

it is day leave from the hospital approved by responsible clinicians

it is also supervised community treatment leads to a community treatment order which gives clinicians ability to recall patients back to clinic or hospital

Question 26

what is section 117

Answer 26

it is for the aftercare of patient who was detained under section 3. they are automatically placed under section 117

duty local health authority, care package aimed at rehab and relapse prevention. pt has no obligation to accept

Question 27

in what condition is a patient obligate to accept section 117

Answer 27

when the patient still pose a risk to the public, then they have to accept

Question 28

what is section 4 of MHA

Answer 28

emergency admission for assessment for 72 hours

Question 29

what is required in order to give treatment under section 4 of MHA

Answer 29

consent of the patient needed otherwise treatment can only be given under the condition of common law

Question 30

can a patient appeal against a section 4 of MHA

Answer 30

no

Question 31

who can discharge a section 4

Answer 31

only the responsible clinican

Question 32

who can apply for a section 4?

Answer 32

usually an AMHP recommended by any single doctor

Question 33

what is section 5(2) of MHA

Answer 33

it is the emergency holding power of doctors for assessment

Question 34

how long does section 5(2) last?

Answer 34

up to 72 hours only

Question 35

can a patient appeal against section 5(2)

Answer 35

no

Question 36

in what condition can treatment be given under section 5(2)

Answer 36

consent required unless given under the condition of common law

Question 37

what is section 135

Answer 37

police’s ability to remove patient from their home to safe place for 72 hours (wherever is safest, but common practice is the hospital)

Question 38

what is section 136

Answer 38

police’s ability to remove patient from public place to a safe place for 72 hours

Question 39

how long does section 135/136 last?

Answer 39

up to 72 hours only

Question 40

what is section 7?

Answer 40

for a guardian from social service to have the power to require that a patient lives in a specific place or to require them to attend specific training/assessment

Question 41

under what condition can a patient be given treatment under section 7?

Answer 41

under no condition can patient be forced to be given treatment

Question 42

in what conditions can you give ECT for a patient

Answer 42

only in emergency situation and can only give up to 2 sessions while waiting for a second opinion