This chapter will provide an overview of the most recent version of the Mental Health Act, including the implications of this Act for nursing practice and ethical treatment of patients. By the end of this chapter, you should be able to: – Describe the Mental Health Act and how it developed. – Understand the key sections of the Mental Health Act. – Apply the Act to your practice setting.

This chapter will provide an overview of the most recent version of the Mental Health Act, including the implications of this Act for nursing practice and ethical treatment of patients. By the end of this chapter, you should be able to: – Describe the Mental Health Act and how it developed. – Understand the key sections of the Mental Health Act. – Apply the Act to your practice setting.

This chapter will provide an overview of the most recent version of the Mental Health Act, including the implications of this Act for nursing practice and ethical treatment of patients. By the end of this chapter, you should be able to:

– Describe the Mental Health Act and how it developed.

– Understand the key sections of the Mental Health Act.

– Apply the Act to your practice setting.

The Mental Health Act 2007

The most recent Mental Health Act was widely implemented in November 2008. It is designed to guide healthcare professionals in managing patients with psychiatric disorders who may require treatment against their will or who pose a risk to the public or themselves. The Mental Health Study Act Essay

The Act is divided into multiple sections, which each serve a different purpose and define the justification and process of detaining patients for treatment or care against their will. A specific process is required under different sections. In general, a section 12-approved doctor and a consultant doctor who routinely cares for the patient (e.g. psychiatrist or general practitioner) in conjunction with an approved mental health professional (AMHP) are required to enact a section under the Mental Health Act 2007. However, not all sections require these; these are discussed below. For a nurse, the most important sections relate to delivering care in exceptional circumstances: sections 2, 3, 4 and 5. The Mental Health Study Act Essay

Section 2 covers detention in hospital for assessment and treatment of their mental disorder. This applies to persons deemed to have a mental disorder to such a degree that it is in the interests of the patient or the general public that they are assessed and treated in hospital. Section 2 allows detention for up to 28 days, although discharge should be performed as soon as possible. During the assessment period, patients may be treated against their will, although consent should always be sought. This section cannot be extended or renewed, and the patient has the right to appeal within 14 days of the first date of detention.

Section 3 allows detention of a person with mental health problems for the specific purpose of treatment. The order lasts for a typical period of 6 months, although this can be renewed by the appropriate professionals undertaking care of the patient. As with section 2, the patient has the right to appeal.

Section 4 is designed specifically for emergency detention for a short period of assessment. The length of the assessment period is only 72 hours, although is otherwise very similar to the section 2 process of patient assessment. However, this section only requires one doctor who is approved. This may be applicable when it is not possible or practicable to get a second doctor to participate, or where this may cause delays. The patient cannot appeal against a section 4 detention. The Mental Health Study Act Essay

Section 5 is an emergency holding power, which gives healthcare professionals time to assess a patient and determine the need for further sectioning under section 2 or 3. Two distinct aspects exist: section 5(2) and section 5(4). Section 5(2) is for patients already in hospital, not considered well enough to leave, and a further assessment period of 72 hours is deemed necessary. Following this, extension of assessment or treatment may be requested. A section 5(4) is specifically a holding power for nurses for patients already in hospital. The holding power for nurses lasts for 6 hours, allowing time for the patient to be assessed by a doctor. Once the doctor has seen the patient, section 5(2) or another course of action may be invoked. In both cases, the short-term nature of the section precludes patient appeals.

When should the Mental Health Act be invoked and how should this be undertaken? The Mental Health Study Act Essay

The use of emergency holding powers should only be considered if emergency assessment is absolutely necessary for patients already in hospital. The aim of holding powers is to allow for a rapid period of assessment; hence, assessment should be performed as soon as possible following sectioning. Nursing staff should always consult the patient and ask them about their willingness to be assessed prior to invoking the sectioning process. Similarly, when patients are outside of hospital, a section 4 should only be used to ensure rapid assessment of the patient.

If longer than 72 hours assessment is needed, and the patient has been seen by a doctor, a section 2 is necessary. This allows for a more detailed assessment, but also allows initial treatment to begin. In some instances, this treatment may be sufficient to allow the patient to recover. Alternatively, the patient may be assessed and released based on a change in their clinical status. However, when longer term treatment may be