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Implementation of the Mental Health Act 2007

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Explain what is meant by appropriate treatment' for the patient and what should ... one must be given by a practitioner who has previous acquaintance with the patient. ... – PowerPoint PPT presentation

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Title: Implementation of the Mental Health Act 2007


1
Implementation of the Mental Health Act 2007
  • Section 12(2) Approved Doctors

2
Session 1
  • Goals and Objectives

3
Domestics
  • Emergency procedures
  • Expected finish times
  • Refreshment breaks
  • Venue facilities.

4
Role of Facilitator
  • Guide you through the course
  • Maximise your participation
  • Challenge / support / advise
  • Provide information
  • Collate feedback / outcomes.

5
Ground Rules
  • Commitment
  • Courtesy
  • Honesty
  • Responsibility
  • Time keeping.

6
Objectives (1)
  • This workshop will enable you to
  • Outline the statutory roles and responsibilities
    of section 12(2) approved doctors
  • Explain what is meant by appropriate treatment
    for the patient and what should be taken into
    account when considering making a medical
    recommendation
  • Determine the grounds for detention taking into
    account relevant factors
  • Identify circumstances of potential conflicts of
    interest that might compromise the process of
    undertaking an assessment

7
Objectives (2)
  • Outline the roles and responsibilities of
    approved mental health professionals in the
    assessment process
  • Identify factors to be taken into account when
    applications are made under sections 2, 3 and 4
    of the Act
  • Explain the changes to rules governing admission
    for 16 and 17 year olds in relation to those with
    parental responsibility
  • Explain about new powers to take and convey
    under guardianship
  • Explain that persons will be able to be transfer
    between places of safety, and consider
    implications for assessment process.

8
Timetable
  • Start 9.15
  • Goals and Objectives
  • Role and Responsibilities
  • Provision of Medical Recommendations
  • Conflicts of Interest
  • Places of Safety
  • Admission of 16 or 17 year olds
  • Quiz, Review and Evaluation
  • Close 11.30

9
Session 2
  • Roles and Responsibilities

10
Role of the approved doctor
  • Remains broadly the same
  • Medical recommendations continue to be required
    in support of an application for a patient's
    admission to hospital or an application for
    guardianship under Part 2 of the Mental Health
    Act 1983.

11
Duties of the approved doctor under section 12
  • Section 2 Admissions for Assessment
  • Section 3 Admission for treatment
  • Section 7 Guardianship.

12
Duties of the approved doctor under section 12
  • an application must be founded on the written
    recommendations of two registered medical
    practitioners
  • including in each case, a statement that in the
    opinion of the practitioner the relevant
    conditions for the proposed action are complied
    with.

13
Duties of the approved doctor under section 12
  • For the purposes of any such application
  • one must be given by a practitioner who has
    special experience in the diagnosis or treatment
    of mental disorder, and
  • one must be given by a practitioner who has
    previous acquaintance with the patient.

14
Session 3
  • Provision of Medical Recommendations

15
Admission for Assessment
  • An application for admission for assessment or
    for treatment may be made by either
  • the patients nearest relative, or
  • an Approved Mental Health Professional (AMHP).

16
Admission for Assessment
  • The basic process when the AMHP makes the
    application remains much as before.
  • Appointment of AMHP
  • AMHP assessment
  • Medical recommendations
  • AMHP application.

17
Activity
  • In groups, read through the case study about Alun
    and answer the questions about the assessment
    process
  • Use the Code of Practice and information in your
    participant pack for reference.

18
Admission for Assessment
  • The AMHP who is assessing a patient for possible
    admission has overall responsibility for
  • co-ordinating the process of assessment, and
  • where he or she decides to make an application,
    for implementing that decision.

19
Admission for Assessment
  • The AMHP must
  • identify him/herself to other parties
  • interview the patient in a suitable manner
  • identify the patients nearest relative
  • consult with others who have been involved with
    the patients care
  • make an independent decision on whether to apply
    for compulsory admission.

20
Grounds for detention
  • Main changes to 1983 Act made by the 2007 Act
    are
  • Definition of mental disorder
  • Grounds for detention
  • 'Treatability test' no longer applies.

21
Grounds for detention
  • Before a person can be detained for assessment
    and treatment the RC and the AMHP must be sure
    that all the following criteria are met
  • The patient must be suffering from mental
    disorder which makes medical treatment
    appropriate
  • They need medical treatment for their mental
    disorder either for their own health or safety,
    or for the protection of others
  • Appropriate medical treatment is available.

22
Grounds for detention
  • So what does qualify as mental disorder?
  • clinically recognised mental illnesses such as
    schizophrenia, bipolar disorder, anxiety or
    depression
  • personality disorders, eating disorders, autistic
    spectrum disorders and learning disabilities
  • forms of personality disorder which would not be
    considered legally to be 'mental illness'

23
Grounds for detention
  • Disabilities of the brain
  • would not be classified as mental disorders
  • unless
  • they give rise to a disability or disorder of the
    mind as well.

24
Grounds for detention
  • Exclusions
  • Learning disability
  • Drug or alcohol dependence.

25
Appropriate medical treatment
  • The patient must be suffering from mental
    disorder which makes medical treatment
    appropriate
  • They need medical treatment for their mental
    disorder either for their own health and safety
    or for the protection of others
  • Appropriate treatment is available.

26
Appropriate treatment
  • What is meant by appropriate?
  • Takes into account the nature and degree of the
    mental disorder, and
  • Takes into account all other circumstances of his
    case.

27
Appropriate treatment
  • What is meant by 'medical treatment'?
  • The definition of medical treatment has been
    amended to read
  • Medical treatment includes nursing,
    psychological intervention and specialist mental
    health habilitation, rehabilitation and care.
  • The legislation also stipulates that medical
    treatment
  • shall be construed as a reference to medical
    treatment the purpose of which is to alleviate,
    or prevent a worsening of, the disorder or one or
    more of its symptoms or manifestations.

28
Appropriate treatment
  • What is meant by available?
  • The appropriate treatment is actually available
    for the patient and doesnt just exist in theory.

29
Session 4
  • Conflicts of Interest

30
Conflicts of interest
  • Section 12(3) specifies quite clearly that "No
    medical recommendation shall be given for the
    purposes of an application ... if the
    circumstances are such that there would be a
    potential conflict of interest for the purposes
    of regulations under section 12A".

31
Conflicts of interest
  • Work relationships
  • Financial reasons
  • Related individuals
  • Other circumstances.

32
Session 5
  • Places of safety

33
Places of safety Powers to remove
  • Section 135 Warrant to search for and remove
    patients
  • Powers of entry may be exercise by a warrant, and
    are used by a police officer when the AMHP
    believes it is necessary to gain access to a
    mentally disordered person who is not in a public
    place and, if necessary, remove them to a place
    of safety
  • The police officer must be accompanied by an AMHP
    and a doctor
  • Where the warrant is for a patient who is liable
    to detention or recall, the police officer may be
    accompanied by a doctor and/or by any authorised
    person to take or retake the patient.

34
Places of Safety Powers to remove
Section 136 Mentally disordered persons found in
public places
  • Applies to any person found in a public place,
    who appears to a police officer to be suffering
    from mental disorder and to be in immediate need
    of care or control
  • Removal to a place of safety may take place if
    the police officer believes it necessary in the
    interests of that person, or for the protection
    of others.

35
Places of safety
  • What is an appropriate place of safety?
  • Preferable to be detained in a hospital
  • Exceptional cases a police station.

36
Places of safety
  • Transfer
  • The Act allows for the patient to be taken to one
    or more places of safety before the end of the
    72-hour period
  • The person may be taken to the second or
    subsequent places of safety by a police officer,
    an AMHP or a person authorised by either the
    police officer or the AMHP.

37
Power to take and convey for guardianship
  • A new subsection (7) of section 18
  • Patient being returned to a place can be taken
    there for the first time
  • Covers all patients under the 1983 Act, including
    those subject to guardianship.

38
Session 6
  • Informal Admission of Patients Aged 16 or 17 with
    the Capacity to Consent

39
Informal admission of patients aged 16 or 17
  • Decisions cannot be overridden by a person with
    parental responsibility for them.
  • This means that
  • If the patient consents, he/she can be admitted
    to hospital and their consent cannot be
    overridden by a person with parental
    responsibility
  • If the patient does not consent, he/she cannot be
    informally admitted on the basis of consent from
    a person with parental responsibility
  • The young person could nevertheless be admitted
    to hospital for compulsory treatment if they meet
    the relevant grounds.

40
Session 7
  • Quiz, Review, Action Planning and Evaluation

41
Review and Action Planning
  • Review of your issues and goals
  • Review of course objectives.

42
Course Objectives (1)
  • Do you now feel able to
  • Outline the statutory roles and responsibilities
    of section 12(2) approved doctors
  • Explain what is meant by appropriate treatment
    for the patient and what should be taken into
    account when considering making a medical
    recommendation
  • Determine the grounds for detention taking into
    account relevant factors
  • Identify circumstances of potential conflicts of
    interest that might compromise the process of
    undertaking an assessment

43
Course Objectives (2)
  • Outline the roles and responsibilities of
    approved mental health professionals in the
    assessment process
  • Identify factors to be taken into account when
    applications are made under Sec 2, 3 and 4 of the
    Act
  • Explain the changes to rules governing admission
    for 16 and 17 year olds in relation to those with
    parental responsibility
  • Explain about new powers to take and convey
    under guardianship
  • Explain that persons will be able to be transfer
    between places of safety, and consider
    implications for assessment process.

44
Review and Action Planning
  • Complete the action plan at the end of your
    participant pack.

45
Sources of Further Study
  • Sources of further information and study
  • Specific modules.

46
Evaluation
  • Please complete the course evaluation form.
  • Thank you.
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