Application and implications of Mental Health Act 2007 (NSW) certificate use in acute generalist settings

2016 ◽  
Vol 40 (2) ◽  
pp. 219 ◽  
Author(s):  
Scott Lamont ◽  
Scott Brunero ◽  
Swapnil Sharma
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Need For Treatment ◽  
Professional Groups ◽  
Mental Health Act ◽  
Body Of Knowledge ◽  
South Wales ◽  
Care And Support ◽  
Mental Health Legislation ◽  
Health Legislation

Objective This retrospective study aimed to explore the appropriate application and implications of Mental Health Act 2007 (NSW) (MHA) certificate use in a metropolitan generalist hospital in New South Wales. Methods A de-identified MHA certificate review was undertaken within acute generalist medical and surgical specialties between June 2012 and May 2013. To assess differences, data were separated into two categories according to whether certificates were completed by psychiatry trainees or generalist medical officers. Analysis of indications for detention was also undertaken and qualitatively matched against legislative criteria. Results A total of 43 MHA certificates were included in the review, which highlighted missing elements in most certificates. Differences were found when professional consensus by the researchers was used to match documentation to legislative criteria. The researchers disagreed with nine of the 16 indications (mental illness/mental disorder) by the generalist medical officers and only one indication by a psychiatry trainee. Six of the certificates appeared to be related to lack of capacity and need for treatment of medical conditions, thus more related to Guardianship Act 1987 (NSW) applications. Conclusion This study highlights inconsistencies in legislative knowledge and requirements between professional groups. Education and training opportunities have been identified to ensure greater consistency in application of the MHA, preservation of patient rights and avoidance of stigma. MHA use in this setting should be exercised with caution and by appropriately trained individuals. What is known about the topic? The MHA and its state and territory counterparts provide for the treatment, care and support of people who have a mental illness and the protection of a person’s rights therein. Despite not being intended for application in generalist facilities, mental health legislation is widely used in generalist facilities and certificates are completed by generalist health professionals with limited training in this area of practice. What does this paper add? This study adds to the limited body of knowledge in relation to MHA detention in acute generalist facilities. Disparate preparation of medical officers in the use of this legislation has been identified, which has potential wider implications for patients beyond immediate care. What are the implications for practitioners? Inadequate attention to correct completion of MHA certificates and associated documentation could potentially invalidate detention, leaving healthcare professionals and institutions open to litigious claims that restrictive or coercive practices subsequent to the certificate’s completion were technically unlawful. Further, detention under the MHA, albeit temporarily, has potential human rights issues attached and wrongful detention could lead to longstanding issues relating to stigma.

scholarly journals Mental health law in Pakistan

2016 ◽  
Vol 13 (3) ◽  
pp. 67-69 ◽  
Author(s):  
Amina Tareen ◽  
Khalida Ijaz Tareen
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Health Legislation

Continued efforts to produce appropriate mental health legislation in Pakistan led to the Mental Health Ordinance of 2001. However, with the 18th amendment to the constitution and devolution of health responsibilities to the provincial governments, it became the task of the provinces to pass appropriate mental health legislation through their respective assemblies. Currently the mental health legislative picture is fragmented and unsatisfactory. Only the provinces of Sindh and Punjab have a mental health act in place and there is an urgent need for similar legislative frameworks in other provinces to protect the rights of those with mental illness.

Learning disability and the Scottish Mental Health Act

2017 ◽  
Vol 11 (2) ◽  
pp. 74-82
Author(s):  
Heather Welsh ◽  
Gary Morrison
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Learning Disabilities ◽  
Mental Disorder ◽  
Learning Disability ◽  
Psychotic Disorders ◽  
Content Type ◽  
Mental Health Legislation ◽  
Scottish Government ◽  
Health Legislation

Purpose The purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act. Design/methodology/approach All current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded. Findings In total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO. Originality/value There has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.

scholarly journals Involuntary community treatment in New South Wales, Australia

1995 ◽  
Vol 19 (1) ◽  
pp. 45-47 ◽  
Author(s):  
John Hambridge ◽  
Nicola Watt
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
New South ◽  
New South Wales ◽  
Community Treatment ◽  
Compulsory Treatment ◽  
Perceived Benefits ◽  
South Wales ◽  
Mental Health Legislation ◽  
Health Legislation

The New South Wales Mental Health Act (1990) heralded a number of important changes to mental health legislation in the state. One of these was the option to give compulsory treatment to mentally ill clients living in the community. This article briefly explains community treatment under the Act, and the perceived benefits and the limitations of such legislation. A case example is used to illustrate some of these points. Involuntary community treatment is seen as a less restrictive alternative to hospitalisation for a number of mentally ill clients, but the use of such provisions demands significant resources from the supervising agency.

scholarly journals Comparing legislation for involuntary admission and treatment of mental illness in four South Asian countries

2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Sangeeta Dey ◽  
Graham Mellsop ◽  
Kate Diesfeld ◽  
Vajira Dharmawardene ◽  
Susitha Mendis ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
South Asian ◽  
Political Support ◽  
World Health ◽  
Involuntary Admission ◽  
Asian Countries ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Health Legislation

Abstract Background Involuntary admission or treatment for the management of mental illness is a relatively common practice worldwide. Enabling legislation exists in most developed and high-income countries. A few of these countries have attempted to align their legislation with the United Nations Convention on the Rights of Persons with Disabilities. This review examined legislation and associated issues from four diverse South Asian countries (Bangladesh, India, Pakistan and Sri Lanka) that all have a British colonial past and initially adopted the Lunacy Act of 1845. Method A questionnaire based on two previous studies and the World Health Organization checklist for mental health legislation was developed requesting information on the criteria and process for involuntary detention of patients with mental illness for assessment and treatment. The questionnaire was completed by psychiatrists (key informants) from each of the four countries. The questionnaire also sought participants’ comments or concerns regarding the legislation or related issues. Results The results showed that relevant legislation has evolved differently in each of the four countries. Each country has faced challenges when reforming or implementing their mental health laws. Barriers included legal safeguards, human rights protections, funding, resources, absence of a robust wider health system, political support and sub-optimal mental health literacy. Conclusion Clinicians in these countries face dilemmas that are less frequently encountered by their counterparts in relatively more advantaged countries. These dilemmas require attention when implementing and reforming mental health legislation in South Asia.

scholarly journals Mental health legislation in Egypt

2012 ◽  
Vol 9 (3) ◽  
pp. 64-66 ◽  
Author(s):  
Nasser Loza ◽  
Mohamed El Nawawi
Keyword(s):  
Mental Health ◽  
Psychiatric Services ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Recent Developments ◽  
History Of ◽  
Health Legislation

This paper first briefly reviews the history of psychiatric services in Egypt. It then details the legislation in place during the last years of the Mubarak regime and goes on to set out recent developments, in particular the Code of Practice introduced for the Mental Health Act of 2009.

Attitudes and experiences of nursing staff to the Mental Health Act 2001: lessons for future mental health legislation

2014 ◽  
Vol 31 (2) ◽  
pp. 83-87 ◽  
Author(s):  
A. M. Doherty ◽  
F. Jabbar ◽  
B. D. Kelly
Keyword(s):  
Mental Health ◽  
Nursing Staff ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Mental Health Act ◽  
Clinical Nursing ◽  
Mental Health Legislation ◽  
Paper Work ◽  
Health Legislation ◽  
The Impact

ObjectivesThe Mental Health Act 2001 was implemented in 2006 to bring Ireland into line with international practice and United Nations Conventions on Human Rights. Previous studies have reported some practical difficulties for the professionals involved. We wished to examine the experiences of nursing staff and the impact of the Act on clinical nursing practice since its implementation.MethodThis cross-sectional survey was conducted by questionnaire. It contained questions examining training in and attitudes to the Act, and any resultant changes in nursing practise.ResultsA total of 317 questionnaires were returned. Of the nurses, 92% reported having received training in the Act, and 56% of nursing staff believed that their workload had increased as a result of the change in legislation. Of those who made a comment, 76.5% were negative, with increased paper work, lack of clarity and an excessive focus on legalities being the most common difficulties reported.ConclusionsNursing staff have shown mixed attitudes to the Mental Health Act 2001, but many of the difficulties encountered are similar to those experienced by other professionals.

scholarly journals Ethnicity and outcome of appeal after detention under the Mental Health Act 1983

2009 ◽  
Vol 33 (8) ◽  
pp. 288-290 ◽  
Author(s):  
Ramin Nilforooshan ◽  
Rizkar Amin ◽  
James Warner
Keyword(s):  
Mental Health ◽  
Ethnic Groups ◽  
Ethnic Differences ◽  
Success Rates ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Black Caribbean ◽  
Chi Squared ◽  
Health Legislation ◽  
The Relationship

Aims and MethodThere is insufficient research into the relationship between ethnicity and appeals against detention under mental health legislation. We sought to identify rates and success of appeals in different ethnic groups through a retrospective analysis of all detentions under the Mental Health Act 1983 over 1 year.ResultsWe found high rates of appeals overall, with substantial differences between ethnic groups (36 (39%) White British compared with 71 (63%) Black Caribbean (P = 0.0001) and 21 (68%) White Irish (P = 0.01) individuals (Yates corrected chi-squared)). Success rates on appeal were very low in all groups.Clinical ImplicationsThere are significant ethnic differences in appeals against detention under the Mental Health Act.

scholarly journals Australia's mental health legislation

2013 ◽  
Vol 10 (2) ◽  
pp. 38-40
Author(s):  
Kenneth C. Kirkby ◽  
Scott Henderson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
International Treaty ◽  
Mental Health Law ◽  
Mental Health Act ◽  
International Trends ◽  
Strong Emphasis ◽  
Mental Health Legislation ◽  
Health Legislation

Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

scholarly journals In relative danger? The outcome of patients discharged by their nearest relative from sections 2 and 3 of the Mental Health Act

2003 ◽  
Vol 27 (02) ◽  
pp. 50-54
Author(s):  
Philip Shaw ◽  
Matthew Hotopf ◽  
Anthony Davies
Keyword(s):  
Mental Health ◽  
Clinical Outcome ◽  
Poor Clinical Outcome ◽  
Retrospective Case ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Assessment And Treatment ◽  
The Right ◽  
Health Legislation ◽  
Control Cohort Study

Aims and Method Among the proposed changes in the current review of mental health legislation in England and Wales is the abolition of the right of the nearest relative to discharge patients from assessment and treatment orders (Sections 2 and 3 of the Mental Health Act 1983). We aimed to determine the clinical outcome of patients whose nearest relative applies for discharge. A retrospective case–control cohort study in a south London NHS Trust of 51 patients successfully discharged by their nearest relative and 33 patients whose nearest-relative applications were blocked by the treating psychiatrist on the grounds of ‘dangerousness'. Results Patients discharged from section by their nearest relative did not differ significantly from controls in all the measures of clinical outcome examined. Clinical Implications This study suggests that discharges by the nearest relative against psychiatric advice are not associated with a poor clinical outcome.

scholarly journals Mental health legislation in Chile

2014 ◽  
Vol 11 (4) ◽  
pp. 90-92
Author(s):  
Andrea Bahamondes ◽  
Alvaro Barrera ◽  
Jorge Calderón ◽  
Martin Cordero ◽  
Héctor Duque
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Criminal Code ◽  
Standards Of Care ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The 19Th Century

Chile does not have a mental health law or act, and no single legal body protecting those deemed to be afflicted by a mental disorder, setting standards of care and protecting and promoting their rights. Instead, pieces of mental health legislation are scattered about in different legal and administrative documents, including the country's Constitution, Health Code, Criminal Code and Civil Code. Remarkably, mental health legislation was the object of virtually no change or amendment from the middle of the 19th century until the year 2001. New pieces of legislation have been issued since but, despite improvements in the protection of people suffering from a mental illness, a mental health law in Chile is still needed.

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