Assessment & treatment Least restrictions on rights and dignity Support persons to make/participate in decisions Provide oversight & safeguard Role of.

Slides:



Advertisements
Similar presentations
Mental Capacity Act 2005.
Advertisements

Epilepsy and Mental capacity
The Mental Health Act 2014.
THE DEPRIVATION OF LIBERTY SAFEGUARDS
What consumers want from new mental health laws A consumer forum by the Mental Health Legal Centre Thursday 17 February 2011 Lionel Murphy Centre © Mental.
Introducing Mental Health Law Peter Bartlett Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law University of Nottingham.
National Conference - HDC Advocacy Service Consent within the mental health legal framework HDC Mental Health Commissioner Update 25 h July 2013 Dr Lynne.
1 Patients’ Rights and Responsibilities. PATIENT RIGHTS 2 Every healthcare facility is mandated to display the following Rights and Responsibilities:
The Care Act 2014: the new legal framework for care and support Tim Spencer-Lane INS Open Day – 4 July 2014.
302 Involuntary Commitment
Who needs a Welfare Guardian? Sue Sue Gates Senor Researcher Donald Beasley Institute P O Box 6189 Dunedin.
Mental Health Bill 2013 WAAMH Sector Forum - Building Blocks for Reform 30 October 2013.
Involuntary Outpatient Commitment Legislation: State Perspectives Virginia House of Delegate's Health, Welfare and Institutions Committee July 30, 2007.
Mental Health Procedures Act
Dr.Anna Stienen-Durand ST3 O&G, RSCH
2009 Mental Capacity Act 2005 Implications for Shared Lives Carers.
Assessment The registered medical practitioner (RMP) employed by an approved mental health service or the ‘mental health practitioner’ (MHP) assesses the.
Dr Ruth Yates GP ST2 in Psychiatry. Aims and Objectives To learn about the Mental Health Act 1983 and different sections of it To learn how to detain.
Supporting and Protecting Adults From Harm Community Planning Board 10 th November 2011 Wendy Hinnie.
CARE ACT SEMINAR ADVOCACY Correct as at March 2015.
Issue requiring person to give informed consent All adults should be presumed to have capacity unless the opposite has been demonstrated. Consent must.
PILOT INVOLUNTARY TREATMENT PROGRAM Kevin Hedge Sydney West Area Health Service Centre for Addiction Medicine Nepean Hospital.
Obtaining Informed Consent: 1. Elements Of Informed Consent 2. Essential Information For Prospective Participants 3. Obligation for investigators.
Medical Restraints. Purpose Medical Surgical restraints should be used to create a physical and cultural environment promoting comfort, safety, and the.
Treatment for Mental Disorders and Protection of Patients’ Rights Mary Donnelly Law Faculty, University College Cork Centre for Criminal Justice and Human.
Chapter 14 Mental Health Services: Legal and Ethical Issues.
1 Consent for treatment A summary guide for health practitioners about obtaining consent for treatment Bridie Woolnough Resolution Officer Health Care.
MENTAL HEALTH (AMENDMENT) ACT 2003 Given Royal Assent on 21 October Except for Part 2, the Act came into operation the day after it was given Royal.
Information for Providers West Virginia Mental Health Planning Council This information was developed to raise awareness of Psychiatric Advance Directives.
1 APPEARING BEFORE THE MENTAL HEALTH TRIBUNAL. 2 Index The Provisions of the Act relating to Tribunal hearings3 – 6 What is Evidence 7 Section 24 Continuing.
USERS’ INVOLVEMENT IN MENTAL HEALTH WORK. By Sylvester Katontoka
Victorian Law Reform Commission Final Guardianship Report For Victorian Legal Assistance Forum 19 July 2012 John Chesterman Acting Public Advocate, Manager.
Mental Capacity Act. Mental Capacity Act Overview The Mental Capacity Act implemented in two stages in April and October 2007 The Mental Capacity Act.
Mental Capacity 23 rd Sept Matt O’Connor –Safeguarding Lead B&AtPCT.
Implementation of the Mental Health Act 2007 Section 12(2) Approved Doctors.
Mental Capacity Act and the Deprivation of Liberty Safeguards Andrea Gray Mental Health Legislation Manager Welsh Government.
THE MENTAL CAPACITY ACT WHY THE ACT? No existing legal framework to protect incapacitated people Only safeguards relate to money & assets Incapacity.
Established in 1996 to enforce standards for electronic health information & enhance the security and privacy of health information.
CHAPTER 15 ETHICAL AND LEGAL ISSUES Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written.
Mental Health Policy, Human Rights & the Law Mental Disability Advocacy Program Open Society Institute Camilla Parker October 2004.
THE MENTAL HEALTH ACT The Mental Health Act 2007 Amends the mental Health Act 1983 Does not replace the 1983 Act.
A new Mental Health Act for Victoria Summary of proposed reforms Pier De Carlo Project Director Mental Health Act Implementation.
Shaping healthcare … for you and your family Philip Tremewan, Designated Nurse for Safeguarding Adults Guildford & Waverley CCG Safeguarding Adults & Mental.
Independent Advocacy Chris Mackie. About AdvoCard About Independent Advocacy Non-Instructed Advocacy The Mental Health Act Advocacy in the RFU Conclusion.
Mental Capacity Act 2005 Safeguarding Adults.
Implementation of the Mental Health Act 2007 Core Module.
NMHDU (National Mental Health Development Unit) Supervised Community Treatment Where are we now? Malcolm King National MHA Project Lead National Mental.
COMMUNITY VISITOR TRAINING Quality Lifestyle Support Enhancing the Lives of Individuals.
Consent & Vulnerable Adults Aim: To provide an opportunity for Primary Care Staff to explore issues related to consent & vulnerable adults.
Bridie Woolnough Resolution Officer Health Care Complaints Commission
Westminster Homeless Health Co-ordination project 02/02/2016
Mental Capacity Act and DoLS. Aim – Mental Capacity Act You will: Know what is covered by the MCA Understand the principles of the Act Understand what.
What are Advance Statements?. What is a Nominated Person?
The Mental Health Act 2009 An Overview Jacob Alexander The Adelaide Pre-Vocational Psychiatry Program 2016.
Safeguarding Adults Care Act 2014.
Established standards of care given with respect and consideration, regardless of race, age, or payment source. Information about your illness, possible.
© Care Act 2014 Joanna Burton, Solicitor Clarke Willmott LLP T: E: W:
Introduction to the Mental Health Act 1983 as amended by the Mental Health Act 2007.
The Mental Health Act & Mental Capacity act Dr Faye Tarrant ST5 Substance Misuse.
Health and Social Care Deprivation of Liberty Safeguards.
Queensland Advocacy Incorporated Systems and Legal Advocacy for vulnerable people with Disability Reviews of ITOs Rebekah Leong QAILS Conference 18/03/14.
1 MCA Learning Pack – Session 4 Mental Capacity Act 2005: a practice-based course Supporting older people in care homes and the community as they would.
Queensland Advocacy Incorporated Systems and Legal Advocacy for vulnerable people with Disability Changes to the Mental Health Act (Qld) David Manwaring,
Substance Addiction(Compulsory Assessment and Treatment) Act 2017 Processes
An overview of the process of Guardianship Do I need to think about this, what is the process and who can assist me? Emma Heagney civil solicitor Legal.
Capacity and Consent
Substance Addiction(Compulsory Assessment and Treatment) Act 2017 Processes relevant to Children and Young People
ALLEGATIONS OF ABUSE Internal Occurrence Reporting and Investigation.
MENTAL HEALTH LEGISLATION
Senior Consumer Consultant
Presentation transcript:

Assessment & treatment Least restrictions on rights and dignity Support persons to make/participate in decisions Provide oversight & safeguard Role of carers & support persons

Presumption of capacity to make treatment decisions regardless of age or legal status Understand the information given, able to remember, use or weigh information & communicate the decision Person gives informed consent if they: have the capacity, given adequate information, given the opportunity to make decision, consent freely & has not withdrawn consent

What if a patient does not have capacity or does not give informed consent to a course of treatment? Authorised Psychiatrist can make a treatment decision (except ECT/neurosurgery) Must be no less restrictive way for patient to be treated In determining the treatment, authorised Psychiatrist must consider: - Patients views and preferences including in an advance statement - Views of nominated person, guardian, carer, parent of patient < 16 years - Likely consequences for the patient if treatment is not performed - Any second Psychiatric opinion given to authorised Psychiatrist

Supported decision making: Second Psychiatric Opinion- Intended to promote self- determination and possible alternative treatments. Treating authorised Psychiatrist to consider the second opinion Advance statements- Gives person greater control over preferences. Clinicians aswell as carers, guardians &/or nominated person understand treatment preferences. Advance statement is effective from the time it is made until it is revoked. Regardless of legal status anyone can make an advance statement so long as they understand what it is & the consequences of making one.

Nominated person- Supports the patient, receives information about the care & is consulted about the patient’s treatment at all stages. Exercise rights. Is NOT able to make treatment decisions on behalf of the patient. Regardless of legal status anyone can nominate a nominated person so long as they understand what it is & the consequences of making one. Advocates- Government will fund advocacy support services for people receiving public mental health services. Assist people to understand & exercise their rights, may also make representations on behalf of people receiving mental health services

Seeks to minimise the use and duration of compulsory treatment provided in the least restrictive manner possible Establishes compulsory treatment orders comprising: Assessment Orders (s. 28) Temporary Treatment orders (s. 45) Treatment orders (s. 52)

Criteria for Assessment order (registered medical practitioner or mental health practitioner) : a) The person appears to have a mental illness; and b) Because the person appears to have a mental illness, they appear to need immediate treatment to prevent- (i) serious deterioration in the person’s mental or physical health; or (ii) serious harm to the person or to another person; & requires immediate treatment to prevent deterioration or serious harm to self or others; and c) If the person is made subject to an Assessment Order they can be assessed; and d) There is no less restrictive means reasonably available to enable the person to be assessed. Community (Max 24 hours) Inpatient (Max 72 hrs for transport, max 24 hrs when person received at hospital, AP can extend < 72 hours)

Temporary Treatment Order (Authorised Psychiatrist has determined person has a mental illness): Community or Inpatient- duration of 28 days unless revoked earlier. Must take into the persons views/preferences, advance statements, views of nominated person, guardian/carer, parent (< 16). Notify nominated person/carer/parent MHT must occur if order not revoked before 28 days

Treatment Order (made by the Mental Health Tribunal): After the hearing, MHT must: a) Make a Treatment Order in respect of a person if the treatment criteria apply to the person; - The duration of the order; and - Whether order is Community or Inpatient b) Revoke the Order if the Tribunal is not satisfied that the treatment criteria apply

Treatment Order duration: Community (Max 12 months; Max 3 months person <18 years) Inpatient (Max 6 months; Max 3 months person < 18 years) Setting (inpatient or community) may be varied by authorised Psychiatrist. End of the Treatment Order, Psychiatrist may make an application to the MHT for further Treatment Order.

The Mental Health Tribunal will make treatment orders Will consider factors including patient’s recovery goals and treatment preferences, views of nominated person, carer, guardian or parent of young person & any second Psychiatric opinion ECT Patient has given informed consent; or with the approval of the MHT. If under 18, irrespective of capacity to give informed consent must be approved by the MHT (voluntary or compulsory) A course of ECT will not exceed 12 within 6 month period

Restrictive Interventions will be subject to improved safety and accountability: Includes bodily restraint (mechanical & physical) and seclusion Notification to patients nominated person, guardian, carer, parent if under 18. Statement of rights to be provided to patients, nominated person, carer & parent if patient is < 16 years old. Includes; - To make or participate in decisions about their treatment - Right to have an advanced statement & nominated person - To be legally represented and supported by a support person - To apply to the MHT - To discuss their treatment and care with the community visitors

Mental Health Complaints Commissioner (Lynn Barr) Will accept, assess, manage, investigate & endeavour to resolve complaints Assist mental health services to develop/improve policies & procedures to resolve complaints Chief Psychiatrist will provide clinical leadership, support & advice to public mental health service providers informed by: Clinical audits & reviews Reportable deaths Develop guidelines, policies and practice directions

Community visitors Will continue visiting, providing support & monitor services Assist in the resolution of issues, seek support from other bodies & make complaints to the Commissioner Disclosure of health information (privacy/carers rights & needs) Consent or treatment purposes Information disclosed to carers where a decision will directly affect the carer Information must be disclosed to nominated persons, guardians & parents if patient < 16 years

Mental Health Act Reform webpage: Enquiry phone line: and/or