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YEAR 3 PSYCH > Psychiatric Law > Flashcards

Psychiatric Law Flashcards

1
Q

what counts as a mental disorder under the MHA

A

mental illness (including dementia)
learning disability
personality disorder

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2
Q

what are the criteria for an emergency detention

A
  • patient likely has a mental disorder
  • the mental disorder is impairing their ability to make decisions regarding their treatment
  • matter of urgency to detain them to decide on treatment
  • if they werent detained there would be a risk to themselves or others
  • Short term detention would add undesirable delays
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3
Q

can you treat someone under the emergency detention

A

no
- unless life saving, to alleviate serious suffering, to prevent serious deterioration or to prevent risk to patient or others

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4
Q

how long does an ED let you detain a patient

A

72 hours for further assessment

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5
Q

who can carry out an ED

A

FY2 and above

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6
Q

who should ideally be informed of an ED

A

MHO

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7
Q

can an ED be legally appealed

A

no

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8
Q

what law is used to detain and treat patients in scotland with a mental disorder however caused or manifested

A

mental health care and treatment act 2003

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9
Q

what is the criteria for a short term detention

A
  • patient has a mental disorder
  • mental disorder is impairing ability to make decisions regarding treatment
  • necessary to detain patient to decide treatment
  • not detaining patient would pose a risk to patient or others
  • short term detention is necessary
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10
Q

how long does a short term detention last

A

28 days

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11
Q

does a short term detention allow treatment

A

yes

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12
Q

can a short term detention be extended

A

yes - by 3 days to put together an application for CTO

by 5 days once CTO is submitted

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13
Q

who can apply for a short term detention

A

approved medical practitioner - trained psychiatrist (ST4+)

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14
Q

can a short term detention be appealed

A

yes by the patient and a named person

in front of a tribunal or mental health welfare commission

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15
Q

what treatments are not covered by short term detention

A 
ECT
artificial nutrition
vagus nerve stimulation
transcranial magnetic stimulation
hormonal medicine to reduce sex drive 
neurosurgery
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16
Q

does a short term detention require consent of MHO

A

yes absolutely

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17
Q

what is the criteria for a CTO

A
  • patient has a mental disorder
  • mental disorder is impairing patients ability to make decisions regarding treatment
  • there is treatment available for the mental disorder
  • not treating the patient would pose a risk to patient or others
  • CTO is necessary
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18
Q

who sits on the tribunal panel when applying for a CTO

A

(i) A lawyer
(ii) A psychiatrist
(iii) A person with other skills and experience, e.g. a nurse, social worker or someone with personal experience of mental disorder

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19
Q

who can apply for a CTO

A

MHO with supporting letters from 2 approved medical practitioners, both of whom have examined the patient and one of whom is the psychiatrist in charge of the patients care

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20
Q

how is a CTO decided

A

heard in front of a tribunal where patient is entitled to legal representation

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21
Q

if granted what can a CTO impose

A

treatment and residence conditions

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22
Q

how long does a CTO last

A

6 months initially

reviewed at 6 months then yearly

23
Q

can a CTO be appealed

A

yes by patient or named person

24
Q

what is an advanced statement

A

written by the patient when they are deemed to have capacity outlining how they wish to be treated should they become unwell and lose capacity

25
Q

does a CTO have to abide by advanced statement

A

has to regard it but can be overruled - need to explain why it has been

26
Q

what is a named person

A

someone who will look after the persons interests if they have to be treated under the MHA

27
Q

what is an independent advocate

A

everyone under the MHA with a mental disorder is entitled to an IA who will support patient and help them ot explain their own views about treatment

28
Q

what is capacity

A

the ability to use and understand information to make a decision and be able to communicate this decision

29
Q

does capacity depend on the decision

A

yes - may have capacity for one decision but not another

30
Q

what is consent

A

permission for something to happen or agreement to do something

31
Q

assessment of capacity can be carried out by who

A

FY2 and above

32
Q

in order to have capacity what must a patient be able to do

A
  • understand the treatment with regard to nature, purpose and requirement
  • understand risks, benefits and alternatives
  • understand the risk of declining treatment
  • retain information long enough to use it, weigh it up and come to a decision and be able to communicate it
33
Q

how is capacity assessed (acronym)

A

BURPCCC

  • believes
  • understands
  • retains
  • processes
  • communicates
  • consistency
  • coercion (none of this)
34
Q

can treatment be given without assessing capacity

A

yes in an emergency

35
Q

what powers do the police have with regard to detaining someone with a mental disorder

A

removal to a safe place from a public place

detain for up to 24 hours for assessment

36
Q

what section of the AWIA is a certificate of incapacity

A

section 47

37
Q

does a certificate of incapacity allow use of force

A

only if immediately necessary and only for as long as necessary

38
Q

certificate of incapacity allows who to make the decision on behalf of the patient

A

doctor or by appointed proxy

39
Q

who has power of attorney (named person)

A

individual who is appointed by the patient when they have capacity to have authority to make decisions for them

40
Q

what is a guardianship order

A

when there is no power of attorney so the court appoints an individual to act and make decisions on behalf of someone with incapacity

41
Q

who grants a guardianship order

A

sheriff

42
Q

can a welfare guardian place an adult in hospital for tx of MHD against their will

A

no

43
Q

what is an intervention order

A

order that authorises a person to act and make one off decision for an adult with incapacity

44
Q

what can be issued if adult doesnt comply with wishes of welfare guardian

A

sheriff can issue a compliance order

45
Q

children under the age of what are deemed to not have capacity

A

12

46
Q

do ages 12-16 have capacity

A

may do, depends on understanding

47
Q

over what age are you assumed to have capacity

A

16

48
Q

who makes the decision if a child lacks capacity

A

parents

49
Q

can a parent overrule decision by child deemed to have capacity

A

no

50
Q

what happens if a doctor disagrees with parents decision

A

doctor can seek to over rule decision of parent

51
Q

how long can a nurse holding power detain someone

A

up to 3 hours

52
Q

what is the criteria for treating patients under the AWIA 2000

A

intervention is in the best interest of the patient, will benefit them and such benefit couldn’t be achieved without the intervention

53
Q

what is first line in tranquilising a patient

A

oral lorazepam

54
Q

what is 2nd line in tranquilising a patient

A

haloperidol - IM/PO

YEAR 3 PSYCH (14 decks)

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