Mental health act N Ting

Question 1

What does the mental health act allow

Answer 1

Compulsory admission of those who are mentally ill

Question 2

What is section 2? How long does it last? Who must it be signed by?

Answer 2

An assessment order
28 days
2 doctors And AMP (approved mental health practitioner)

Question 3

How long between examination by the 2 doctors in section 2? What other rules around doctors?

Answer 3

Max 5 days
2 Drs cant be from same organisation
One must have previously known the patient

Question 4

Can a section 2 be renewed ?

Answer 4

No

Question 5

Who are the usual 2 Drs in section 2 ?

Answer 5

Gp and psychiatrist

Question 6

Do you have to disclose the mental disorder in a section 2

Answer 6

no

Question 7

Can you give treatment against the patient will in section 2

Answer 7

Yes - its part of the assessment process

Question 8

What is a section 3? How long does it last for?

Who has to sign it?

Answer 8

Treatment order
6 months
2 doctors and a ASW

Question 9

Who must be consulted in a section 3? why?

Answer 9

The approved social worker must seek the consent of the nearest relative as the patient cannot be detained if the relative objects

Question 10

Can a section 3 be renewed?

Answer 10

Yes

Question 11

Do you have to disclose the mental disorder in a section 3

Answer 11

Yes Eg, psychosis, mental impairment

Question 12

What has to happen after 3 months of a section 3

Answer 12

The patient has to consent to treatment
OR
A third doctor has to review the patient and give their consent for treatment

Question 13

Who can discharge a patient from section 2 / 3 ?

Answer 13

The Registered medial officer
Hospital manager
The nearest relative can ask (but this is unlikely to work)

Question 14

When can appeals be made for section 2 / 3

Answer 14

2 - within 2 weeks

3 - within 6 months

Question 15

What is a section 4? How long does it last? who has to sign it?

Answer 15

Emergency order
72 hrs
Doctor and a AMP

Question 16

What usually happens with a section 4?

Answer 16

Converted into a section 2

Question 17

Can you give treatment without patients consent in section 4? What else do you have to do? Who do you need?

Answer 17

No
Only 1 doctor
Need to explain why not section 2 - ie it is an emergency

Question 18

What is a section 5? When is it usually used ?

Answer 18

Compulsory detention of a patient who has come to hospital voluntary

When they attempt to leave the hospital

Question 19

What is a section 135 ? When is it used ? how long does it last for?

Answer 19

Police enter a patinets premises and remove them to a place of safety (force can be used)
72hrs

Question 20

What is needed for a section 135? can you give treatment?

Answer 20

Warrant obtained by social worker

No

Question 21

What is a section 136? when is it used? can you give treatment?

Answer 21

Same as 135 but for public place
Don’t need a warrant
No treatment

Question 22

Can ECT ever be given against a patients will? When is it used?

Answer 22

No

If they are unable to consent and no prior advance directive

Question 23

For longer sectioning Eg section 3, what needs to be available?

Answer 23

Treatment - it is not just a holding order

Question 24

When do you section

Answer 24

If the patient is judged to have a mental disorder sufficiently severe to need detention in a hospital in the interests of their safety / the safety of others

Question 25

Can you detain someone due to drug dependance alone?

Answer 25

No

Question 26

Can you detain someone due to a severe learning disability ?

Answer 26

No

Question 27

When can you detain someone with a drug dependance / learning disability?

Answer 27

If the behaviour is associated with aggressive / irresponsible conduct

Question 28

What is a section 5(2) and 5(4)

Answer 28

5(2 - for when patients are already in hospital Lasts 72hrs - assessed for sections 2/3 5(4) - nurse - 6hrs

Question 29

What is a community treatment order ?

Answer 29

Treatment of a Pt in the community who has a previous section 2/3

Question 30

You’re a GP and need to section someone on home visit what do you do!

Answer 30

Call crisis team and get walked through by AMP Need to give all information about patient - stay with patient

Question 31

considerations in best interests?

Answer 31

Whether the person is likely to regain capacity and can the decision wait How to encourage and optimise the participation of the person in the decision The past and present wishes, feelings, beliefs, values of the person and any other relevant factors Views of other relevant people

Question 32

What are advanced directives for? What can they be used to do?

Answer 32

Allow people who understand the implications of their choices to state their treatment wishes in advance. They can be used to: - Authorise or request specific procedures - Refuse treatment in a predefined future situation (advance directive)

Question 33

When are advanced refusals of treatment legally binding? Differences with advanced requests?

Answer 33

The person is an adult, and Was competent and fully informed when making the decision, and The decision is clearly applicable to current circumstances, and There is no reason to believe that they have since changed their mind Not legally binding but should be considered when assessing best interest There is a duty to take reasonable steps (eg artificial nutrition and hydration) to keep the person alive if that is the patient’s known wish

Question 34

When does a DoL happen?

Answer 34

When a person does not consent to treatment | Eg a person with dementia who is not free to leave a care come and lacks capacity to consent to this

Question 35

What is a lasting power of attorney?

Answer 35

A document which gives a nominated person able to make decisions on their behalf when they are unable to do it for their self Finances and health

Question 36

What needs to happen to make an LPA valid?

Answer 36

Must be registered with the office of the public guardian

Question 37

What is a IMCA? What do they do?

Answer 37

Independent mental capacity advocate (IMCA) Commissioned from independent organisations by the NHS and local authorities to ensure that MCA is being followed Role of IMCA: support and represent people who lack capacity and they do not have anyone else to represent them in decisions about changes in long-term accommodation or serious medical treatment. They can also be present for decisions regarding care reviews or adult protection.