Mental Health Act Flashcards
For a patient to be treated under the Mental Health Act (MHA) they must meet the following criteria:
They must have a mental disorder
There must be a risk to their health/safety or the safety of others
There must be a treatment (however this can include nursing care, not just drugs)
Patient rights?
- have situation explained to
- to appeal (usually late in process)
- right to access to a solicitor
- right to ask police/hospital to tell someone where they are
Uses of mental health act?
The MHA only permits the treatment of mental health problems, UNLESS a patient’s physical problem is a result of or a cause of their mental disorder (e.g. refeeding in anorexia).
5 keys principles of the MCA (to make decisions based on best interests)?
1) Assumed capacity until proven otherwise
2) All steps must be taken
3) Unwise decision doesn’t mean lacks capacity
4) decisions must be made in best interests
5) Least restrictive decisions to rights/freedoms
Assessment of capacity?
For a person to lack capacity they must show an ‘impairment of, or disturbance in, the functioning of the mind or brain’ AND they are unable to undertake any of the following:
- Understand relevant information
- Retain the relevant information
- Weigh up the relevant information
- Communicate a decision
definition of the mental health act (MHA)?
Sectioning under the Mental Health Act (MHA) is used for those over 16 years of age who will not be admitted voluntarily.
Section 2 (of MHA)
Admission for ………………. for up to ………, non-renewable
The application for admission is made by an ………………………………… or the patient’s nearest ……………
Requires the recommendation of ……………. doctors, one of whom must be ‘approved’ under Section ……… of the MHA
Admission for ASSESSMENT for up to 28 DAYS, non-renewable
The application for admission is made by an APPROVED MENTAL HEALTH PROFESSIONAL (AMHP) or the patient’s nearest RELATIVE
Requires the recommendation of 2 doctors, one of whom must be ‘approved’ under Section 12(2) of the MHA
Section 3 (of MHA):
Admission for …………… for up to ……….., renewable
Requires an ………. and ……………, both of whom must have seen the patient in the past ………..
Admission for TREATMENT for up to 6 MONTHS, renewable
Requires an AMHP and 2 DOCTORS, both of whom must have seen the patient in the past 24 HOURS
Section 4 (of MHA):
Used in …………………… where a section 2 would cause “an ………………….
It requires the recommendation of ……….. and either an AMHP or the nearest relative
Allows a person to be detained for up to ……………, whereby it is usually converted to a section 2
Used in EMERGENCIES where a section 2 would cause “an UNDESIRABLE DELAY”
It requires the recommendation of only ONE DOCTOR and either an AMHP or the nearest relative
Allows a person to be detained for up to 72 HOURS, whereby it is usually converted to a section 2
Section 5 (2) of MHA?
A voluntary patient in hospital may be legally detained by a doctor for 72 hours
Section 5 (3) of MHA?
A section 5(4) is similar to a section 5(2) but is used by nurses and only lasts for 6 hours.
Section 17?
A Supervised Community Treatment (also known as a Community Treatment Order)
section 135?
A court order that allows the police to enter a property to remove a person to a Place of Safety (either the police station or more commonly A&E)
Section 136?
The police can bring someone from a public place who appears to have a mental disorder to a Place of Safety (either the police station or more commonly A&E)
