Mental Health Law, Edition: 2nd ed by Brown, Robert; Puri, Basant; McKee, Heather

By Brown, Robert; Puri, Basant; McKee, Heather

A concise, functional consultant to psychological healthiness legislations for college kids and pros operating in psychiatric settings.

summary: A concise, sensible advisor to psychological wellbeing and fitness legislation for college kids and pros operating in psychiatric settings

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Extra resources for Mental Health Law, Edition: 2nd ed

Sample text

This also applies to treatment provided under Section 63 because it is defined under Section 62 (Urgent treatment) as being ‘immediately necessary’. An approved clinician must be in charge of medication given to a detained patient who has not consented to it but where such treatment has been approved by a second opinion doctor under Section 58 (Treatment requiring consent or a second opinion). ). ) is pursued. Supervised community treatment In the case of a supervised community treatment patient who has not been recalled to hospital and who is unable to consent to treatment owing to lack of competence or capacity, when no one else with authority has consented on his behalf, then treatment may only be administered to that patient if there is an approved clinician in charge of the treatment and it is given by, or under the supervision of, that approved clinician.

Other non-relatives • A person, other than a relative, with whom the patient has ordinarily been residing for at least five years is treated as a relative who comes last in the above list of relatives. In the case of a married patient or a patient in a civil partnership, this non-relative cannot count as the nearest relative unless the patient’s spouse or civil partner can be disregarded by virtue of permanent separation or desertion (as outlined above). Children and young persons in care Under Section 27 of the Act, where: (a) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or (b) rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of Section 16 of the Social Work (Scotland) Act 1968, the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife or civil partner (if any).

An outline report is written by the approved mental health professional at the hospital, while a full report is written by him for the appropriate local social services authority. 27 Approved clinician and responsible clinician The Mental Health Act 2007 has introduced the new roles of the approved clinician and the responsible clinician. The former is a person approved by the appropriate national authority to act as an approved clinician for the purposes of the Mental Health Act, while a responsible clinician is an approved clinician who has been allocated overall responsibility for a patient.

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