Flashcards in The Mental Health Act and Mental Capacity Act Deck (31):
What can the mental health act be used for?
Enforcing treatment for mental health conditions to minimise undersirable effects of the condition on the individual
What must be the case in order to section a patient?
The disorder must be of a certain nature or degree, and there must be significant risk to self/others if left
What is Section 2 for?
Admission to hospital for assessment
How long does section 2 work for?
Up to 28 days
Who has to approve a section 2?
An approved MHA professional and an approved Doctor
Can a section 2 be appealed?
What is section 3 for?
Admission to hospital for treatment
How long does section 3 work for?
Up to 6 months
Who has to approve a section 3?
2 AMHPs (1 must be independant of the patients treatment)
Can a section 3 be appealed?
What happens after 3 months under section 3?
A consent to treatment form must be filled in to review the patients treatment plan vie Second opinion appointed doctor (SOAD)
What is a section 5(2)?
An act allowing detention of patients already in hospital
How long does section 5(2) work for?
Up to 7 hours
What does section 5(2) allow?
The pt to be seen by 2 doctors to assess them for further treatment or sectioning
Can you appeal a section 5(2)?
What is a section 5(4)?
Nurses' power to detain a person being treated for a mental disorder as a hospital in-patient
How long does section 5(4) work for?
Up to 6 hours
What does section 5(4) allow?
A patient to be assessed for staying in hospital or further MH disorder treatment
Can you appeal a section 5(4)?
What is section 136?
The police can take someone from a public place to a place of safety (eg ward, A&E, police cells) for 72 hours until assessment
What is a community treatment order?
A legal order made by the Mental Health Review Tribunal or by a Magistrate. It sets out the terms under which a person must accept medication and therapy, counselling, management, rehabilitation and other services while living in the community
What is capacity?
The ability to make a decision based on information given, remembered, and retrieved
What should be the case with capacity?
It should be assumed,incapacity should be proven
WRT capacity, what do patients have the right to do?
Make bad decisions
What is in place for the incapacitated adult?
Legal safeguards to prevent ill treatment or willful neglect
Can lack of capacity be short term?
What must deciions made for the patient without capacity be?
In the patients best interest and should be the least restrictive of their basic rights and freedoms
What does the MCA allow patients to do before losing capacity?
Designate someone to make decisions on their behalf for when they lose capacity
What is the definition of a mental disorder under the MHA?
"Any disorder or disability of the mind’. This covers a range of disorders including schizophrenia, depression, anxiety disorders and eating disorders.
NB Suffering from one of these disorders by itself does not mean that a person is subject to the provisions of the Act.
How does the MHA view learning disabilities?
A disability will only fall within the definition of a mental disorder if it is associated with abnormally aggressive or seriously irresponsible conduct.