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Flashcards in Mental Health Act Deck (14)
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1
Q

What does the mental health act 1983 provide a legal framework for?

It is primarily composed of 4 points, what are they?

A

-The detention and care of mentally disordered pts in hospital

  1. The application and extent of the act plus a definition of mental disorder
  2. Compulsory admission to hospital and guardianship
  3. Patients concerned with criminal proceedings
  4. Consent to treat

Note; dependence on drugs, alcohol, promiscuity, sexual deviancy or immoral conduct alone is not enough evidence of a mental disorder

2
Q

Part 1

What are the 4 types of mental disorder under which individuals may be detained?

A

Mental illness;

  • Not defined by the MHA but left as a matter of clinical judgement
  • Should be of a degree as to warrent detention in the interests of health, safety or protection to others

Mental impairment

  • A state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning
  • Associated with abnormally aggressive or seriously irresponsible conduct

Severe Mental impairment
-As above but with severe impairment of social functioning and intelligence

Psychopathic disorder
-A persistent disorder or disability of mind (may include a significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct

3
Q

Part 2 - Relates to compulsory admission to hospital

What is the usual sequence of events for section 2 or 3?

A

-Approved social worker (ASW) or nearest relative makes an application for assessment having seen the pt in the last 14 days

  • Application must then be supported following an assessment and recommendation of 2 doctors, 1 of whom should be section 12 approved
  • Recommended that 1 doctor has had previous acquaintance with the pt
  • Pts are informed of the section and their rights
  • They may apply to have their case reviewed by a mental health tribunal or hospital managers

Pts can be discharged from their section by the:

  • Responsible medical officer
  • Hospital manager
  • Mental health tribunal
  • Nearest relative (can be blocked by psychiatrist and 72 hrs notice is needed)

Pts can be granted section 17 leave from hospital for a specific amount of time with certain attached conditions

4
Q

What is informal admission?

-What % of pts are under this?

A

Applied to pts who are not detained on a section but have agreed to voluntary admission
-Usually 90%

5
Q

What is section 2?

A
  • 28 days
  • Compulsory detention for assessment
  • May be converted to a section3
  • Application is by an ASW or nearest relative
  • Needs to be approved by 2 doctors, one of whom is section 12 approved
6
Q

What is section 3?

A
  • 6 months
  • Compulsory detention for treatment, usually when the diagnosis and treatment response is established
  • Can be extended later
  • AN ASW or nearest relative must apply
  • 2 doctors should approve it (one with section 12 approval)
7
Q

What is section 4?

A
  • 72 hours
  • Emergency admission to hospital for assessment when there is no time to wait for a section 2
  • Applicants are an ASW or nearest relative
  • One doctor is needed to approve it
8
Q

What is section 5(2)?

A
  • 72 hours
  • Detention of a hospital inpatient who is receiving any form of treatment in order to give time to convert to a section 2/3
  • The doctor responsible for their care usually does this
9
Q

What is section 5(4)?

A
  • 6 hours
  • Urgent detention of an inpatient receiving treatment for a mental disorder when a doctor is not able to attend
  • A registered nurse trained in mental health may do this
10
Q

What does part 3 relate to?

A

-Mentally ill pts involved in criminal proceedings or under sentence

11
Q

What is part 4?

A
  • It covers consent to treatment and the details fo what can be imposed on a pt
  • Pts on long term treatment orders (section 3) may be treated with psychiatric medication for 3 months with or without their consent
  • After 3 months an extra section is required to continue treatment
  • These include section 57 and 58 that require the pts consent and a second opinion (use of ECT, psychosurgery, surgical implants and a further 3 months of treatment)

-where urgent treatment is required to save a pts life the second opinion can be waved e.g when emergency ECT is done on a pt who is not eating or drinking

12
Q

What is section 135?

A

-An ASW can apply to a magistrate for a awrrent to allow police to enter and remove someone with a mental disorder, transferring them to a place of safety

13
Q

What is section 136?

A
  • Police who find a person in a public place appearing to suffer from a mental disorder may remove them to a place of safety
  • These people may not be detained for longer than 72 hours until they have been assessed for section 2 or 3
14
Q

What is common law?

A

Common law is a law that is based on court decisions (case law) or customs, rather than lwas made in parliament (a statute law)

  • The mental health act is an example of statute law
  • Instituting life saving treatment on an unconcious pt, who is unable to consent is justified under common law