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22 Cards in this Set
- Front
- Back
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CTO |
If detained under section. 3 but not section. 2 or section. 131 If diverted from criminal justice |
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Consent to treatment part IV - MHA 1983/2007 |
Lack of consent = refusal or MC Section. 2 and 3 cannot refuse treatment ECT - Consent and 2nd opinion required Overseen by MHA commission Covered if detained for more than 72 hours (except section.35) Cannot be detained if only drug/alcohol dependency - free legal aid |
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Section 2 |
Admission for assessment 28 days (not renewable) AMHP/NR (within 14 days) 2 medical recommendations Psychiatrist and one other (within 5 days or together) MHRT Within 14 days IMHA Discharge - RC, NR, MHRT, Hospital Managers Review |
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Section 131 informal admission |
Any person may enter for treatment without order being made Can leave anytime Can refuse treatment Has access to courts |
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Section 4 Emergency Admission |
72 hour duration AMHP/NR Can convert to section 2 with additional recommendation 1 medical recommendation IMHA No MHRT HMR Discharge HMR/RC |
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Section 5 (2) Doctor's Holding Power |
72 Hours Any type of hospital IMHA Not renewable No MHRT |
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Section 135 |
Warrant to search for and remove patient 72 hours IMHA Not renewable No MHRT |
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MCA 2005 PRINCIPLES |
Assume capacity unless proved otherwise Capacity on a decision by decision basis Right to make unwise decisions Made in service user's best interest Least restrictive option |
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Section 3 |
6 months for treatment Renewed for 6 months then yearly AMHP/NR (within 14 days) 2 medical recommendations (as s.2) MHRT- once in 1st 6 months then one in each subsequent detention IMHA HMR |
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AMHP |
Introduced in MHA 2007 Can be any professional ie. nurse, sw, doctor etc Gives social view instead of medical dominant view Makes application for sections Can displace nearest relative Provides reports to MHRT and Hospital |
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Mental Health Act 2007 Definition |
Any disorder or disability of the mind |
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Welfarist View |
Public/Personal safety prime concern Best Interest of service user sometimes is intervention Mental illness = Mental incapacity |
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Test of Capacity |
Can person retain and understand info Can they use info to inform decision making Can they communicate decision Have you provided info in a form acceptable to service user |
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IMHA |
Statutory right to if detained under MHA, CTO or Guardianship Only half of people entitled get one |
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MHA or MCA |
If person lacks capacity then treat under MCA 2005 If refusing treatment but has capacity then treat under MHA 83/07 If advance statement made use MHA 83/07 |
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Section 117 |
Duty for health and social services to provide aftercare if detained under section. 3,37,45a,47 & 48 No charge Assessment required Provided until no longer required May be CTO Discharge from detention but not necessarily hospital |
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Liberal View |
Dispute Mental health existence Personal responsibility Mental Health law not required Detention unlawful |
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Compulsory Admission |
Application from; AMHP, NR, DOCTOR, HOSPITAL MANAGER, SERVICE USER PART I - to whom it refers PART II- compulsory admission PART III - Admission through courts PART IV - Treatment |
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Tribunals |
S.2, S.3, & S.37 can apply S.2 - within 14 days (takes place within 7) S.3 - once in first 6 months then once in every other renewal period Usually takes 6-8 weeks after application |
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Section 136 |
Police Holding Powers 72 hours Not renewable IMHA No MHRT |
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Section 5 (4) |
Nurses holding power 6 hours Only used if receiving in-patient psychiatric treatment Right to refuse treatment IMHA Not renewable/ Can convert to Section.5 (2) No MHRT |
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Consent to Treatment |
Lack of consent - refusal or MC Section.2&3 cannot refuse treatment ECT consent & 2nd opinion required Overseen by MHA commission Covered if detained for more than 72 hours (except sec.35) Cannot be detained if only drug/alcohol dependency Free legal aid |
