Legislation

Question 1

Who does the Scottish Mental Health Act apply to?

Answer 1

Any patient who has or appears to have a mental disorder

Question 2

What does the term mental disorder cover in terms of the SMHA?

Answer 2

Any mental illness
Personality disorder
Learning disability

Question 3

When may emergency detention be used?

Answer 3

To detain the patient to permit a full mental state assessment
To prevent risk to others

Question 4

Who should be present to give consent for emergency detention?

Answer 4

Mental health officer

Question 5

For how long can emergency detention last?

Answer 5

72 hours

Question 6

For how long can a short term detention last?

Answer 6

28 days

Question 7

What criteria should be met for a short term detention order?

Answer 7

Mental disorder
Significantly impaired decision making ability (SIDMA)
Necessary to detain patient to determine medical treatment
Significant risk to general public

Question 8

For how long can a compulsory treatment order last?

Answer 8

6 months

Question 9

What is required for a person to have capacity?

Answer 9

They can understand and retain relevant information
Use that information to make a decision
Communicate that decision

Question 10

What three things must the patient understand to give consent?

Answer 10

The intervention itself, its nature/purpose/reason
Any benefits/risks/alternatives
Consequences of not receiving intervention

Question 11

When should the adults with incapacity act be used?

Answer 11

To authorise treatment of a physical disorder in a patient who lacks capacity to consent

Question 12

When should the mental health act be used?

Answer 12

To treat a mental disorder or physical consequences of a mental disorder in someone who lacks capacity to consent

Question 13

What is the age of legal capacity in Scotland?

Answer 13

16