| Legal
rights: patients rights to refuse treatment |
Powers
to permit a clinician to treat despite refusal |
Mental Health Act 1983 Section 63 –
Treatment not requiring consent |
Mental Health (Care and Treatment)
(Scotland) Act 2003 Section 243 – Urgent medical treatment |
|
| Legal
rights: advanced decisions |
When
patients have made a directive to refuse treatment |
Mental Capacity Act 2005 |
Mental Incapacity Act (Scotland)
2000 |
|
| Consent:
informed |
Informed
consent is a process for getting permission before conducting a healthcare
intervention on a person |
Mental Health Act 1983 Section 63 –
Treatment not requiring consent |
Mental Health (Care and Treatment)
(Scotland) Act 2003 Section 243 – Urgent medical treatment |
Mental
Health (Northern Ireland) Order 1986. |
| Consent:
express |
Express
consent is permission for something that is given specifically, either verbally
or in writing. |
As
above |
As
above |
|
| Consent:
implied |
Implied
consent is consent which is not expressly granted by a person, but rather
implicitly granted by a person's actions and the facts and circumstances of a
particular situation (or in some cases, by a person's silence or inaction). |
As above |
As above |
|
| Consent:
presumed |
The
assumption that a particular action would have been approved by a person or
party if permission had been sought. |
As
above |
As
above |
|
| Consent:
patients who are unable to consent |
Patients
who are unable to consent including in life threatening situations and in
patients with a recognised mental disorder who are at risk to themselves or
others |
As
above |
As
above |
|
| Capacity |
Legal
frameworks for those who lack capacity |
Mental Capacity Act (2005) of
England and Wales detail appropriate legislation and safeguards |
The Adults with Incapacity
(Scotland) Act 2000 |
A
draft Mental Capacity bill is under parliamentary review in Northern Ireland. |
Confidentiality
|
Professional
Legal
Data protection
|
Guidance
|
Guidance
|
|
Documentation
|
National
and local processes
Professional
Legal
|
Guidance
|
Guidance
|
|
Detention
| In
hospital: temporary hold for an assessment to be arranged |
Mental Health Act 1983 Sections
5(2) and 5(4)
|
Sections 36 – Emergency detention and 44 – Short term detention of the
Mental Health (Care and Treatment) (Scotland) Act 2003
|
|
Detention
| In
private premises: Search for and remove a patient |
Mental Health Act 1983 Section 135
|
Sections 36 – Emergency detention 11.2.4 If the patient has been seen that day by
any fully registered medical practitioner, e.g. the ward Doctor, then the
option exists for that doctor to issue an Emergency Detention Certificate. They
should then inform the appropriate duty AMP and the police, asking the police
to consider the patient a missing person and to return them to hospital using
the powers of the Emergency Detention Certificate. It should be noted that
police have no power under this certificate to remove a person from a private
place. If the person is found in a private place, an MHO would require to
obtain a S.292 warrant |
|
| Detention |
In
public places: Removal of mentally disordered persons without a warrant |
Mental Health Act 1983 Section 136 |
|
|
