Involuntary
Do consumers under the Mental Health Act have a right to Legal Representation?
Yes
Can voluntary consumers refuse medication?
Yes
Can someone have ECT if they are voluntary?
ECT may be given to a person who is a voluntary patient, providing their informed and freely given written consent has been obtained. A consent and capacity certificate is given under this section by at least 2 medical practitioners, at least one of whom is a psychiatrist.
Can my dog come to my tribunal?
yes - if this is cleared with treating team and NUM
How long can a Mentally Disordered person be kept in hospital?
3 days not including weekends or public holidays. You cannot be detained as a mentally disordered person more than 3 times in any month.
Do voluntary consumers have tribunal?
Yes, if they are voluntary for a year
Can New Grad Nurses sign as witness on a Voluntary Admission Form?
Yes, you are witnessing that the consumer has signed and dated the Voluntary admission form themselves
Can I refuse to attend my Tribunal hearing?
Yes - however the tribunal may decide on your behalf with input from your treating team, family, carers, and evidence that has been provided. Or postpone to a time in the near future (still remaining under the MHA until then)
What documentation does an involuntary consumer need when coming down from ED?
- schedule
- form one (ideally) MI or MD
Can we restrain voluntary consumers?
Yes. If it is to prevent them from immediate harm or prevent them harming others
Can an involuntary consumer refuse medical treatment?
Yes - this cannot be enforced unless deemed to not have capacity, Medical Guardianship needs to be sought
Can I change Doctors?
Consumer's can write a written request for change of Treating Team. This will be considered by the Senior Psychiatrist/Clinical Director
How long can someone be kept in a gazetted facility on a schedule for?
12 hours
What leave can voluntary consumer have?
any if it is prescribed by a doctor
Who can exercise Section 20 of the Mental Health Act?
An Authorized Ambulance Officer
When is my tribunal?
- 3 weeks from admission
- at the end of IPO grant
What do we call the document that we are required provide to consumers when entering a MHU either Voluntarily or Involuntary?
Schedule 3A (Vol) or Schedule 3 (Invol)
Statement of Rights
If a Voluntary consumer requests discharge, within what time-frame must they be reviewed by an Authorizing Medical officer?
2 hours from request to discharge - and document in EMR.
Can an ECT Tribunal decide how many treatments someone will have?
Yes.
I'm a Voluntary patient, you have to discharge me!
Consumer's requesting discharge need to be reviewed by a Authorized Medical officer within 2 hours of request to discharge - after 2 hours, we cannot legally hold a voluntary consumer in a Mental Health facility.