laws Flashcards
(18 cards)
section 5 (4)
- Nurses holding power
2. power to detain an in patient for 6 hours
section 5 (6)
- Doctor’s holding power
2. 72 hours holding until section2/3 can be implemented
section 2 - what does it require?
- 2 x responsible medical practitioners
- section 12 approved
- one with prior knowledge of patient - Approved mental health professional / nearest relative
section 2 - duration?
28 days
section 3 - what does it require?
- 2 x responsible medical practitioners
- section 12 approved
- one with prior knowledge of patient - Approved mental health professional / nearest relative
section 3 - duration
6 months
section 17 - what does it require?
Responsible clinician can grant leave lawfully under section 17
section 17 - what does it do
- RC can grant lawful leave under section 17
- does not require leave for hospital grounds
- does not include forensic inmates
section 136 - what does it do
- enables police officer to remove a person found in a public space to place of safety
- to permit assesment
section 136 - duration
72 hours or until assessed by RMP/AMHP
section 135
- AMHP needs to apply for a section 135 warrant
- provides police officers with power to enter private premises for the purpose of removing a person to a place of safety
when is a community treatment order required?
- used when it is necessary for patient to continue to recieve treatment after their discharge
- responsible clinician is able to recall the patient to hospital if necessary
what are the conditions of a CTO?
- make themselves available for an examination
2. other conditions may be given
what are the principles of ‘consent to treatment’?
- determine if patients have capacity
- lack of capacity - determine in patient’s best interest
- if detained under MHA -appropriate medical treatment can be given even if against wishes
what constitutes to ‘Deprivation of Liberty’?
- patient is under continuous supervision and control
- patient is not free to leave
- patient lacks capacity to consent to these arrangements
What is the role of an independant mental health advocate?
an advocate which can help patients who are under the mental health act
what is the role of ‘independant mental capacity advocate’\/
advocate which can help patients who lack capacity under the mental capacity act
what is the mental capacity act? (5)
- assume a person has the capacity to make a decision themselves, unless it’s proved otherwise
- wherever possible, help people to make their own decisions
- don’t treat a person as lacking the capacity to make a decision just because they make an unwise decision
- if you make a decision for someone who doesn’t have capacity, it must be in their best interests
- treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms
