DOCSLIB.ORG

The Mental Health Act 1983 (The Act)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Mental Health Act 1983 (The Act) Acknowledgement ‘The artwork on the front cover is ‘Missed’ by Chris Ridge, the overall winner of our competition for artwork for the Code of Practice. ‘Missed’ illustrates the benefits of art therapy for people with mental health problems.’ 1 Introduction i. The Code of Practice and this Reference Guide should be used together to provide statutory guidance (the Code of Practice) and an explanation of the provisions of the Mental Health Act 1983 (the Act). ii. There are a small number of clarifications to the Code of Practice and these are listed in Figure 1 at the end of this Introduction. Presentation and content iii. The Reference Guide is divided into 38 chapters with five annexes. Chapters have been grouped into eight clusters relating to common themes and topics. Colour coding has been used so these groups can be recognised. Comprehensive cross-referencing and annexes have been included to ensure that users can readily find related material. The eight clusters reflect the sections of the Code of Practice. The groupings are summarised below. Using the Act: chapter 1 The chapter in this section describes the structure of the Act and provides basic definitions for the terms used in the Act. Protecting patients’ rights and autonomy: chapters 2-6 This group of chapters addresses the issues of particular importance for empowering patients, carers, nearest relatives and others with a legitimate interest in matters relating to care and treatment under the Act. It provides guidance on the nearest relatives including the identification and appointment of an acting nearest relative by the court. It also describes the role and activities of independent mental health advocates and the roles of the Care Quality Commission and the Tribunal. The limited circumstances in which correspondence to or from patients may be withheld are explained. Assessment, transport and admission to hospital: chapters 7-11 This group of chapters is concerned with the ways in which civil (part 2) patients may be admitted to hospital, the circumstances in which patients may be transferred between hospitals if that becomes necessary as part of their care and treatment and how patients who are absent without leave may be returned. Additional considerations for specific patients: chapters 12-22 Certain groups of patients require consideration in addition to the general guidance that applies to all patients. These chapters set out how the Act regards three specific groups of patients – those under 18 years of age, informal patients (ie those who are not detained under the Act and are receiving treatment voluntarily), and patients who have been referred to hospital after coming into contact with the criminal justice system (part 3 patients). Part 3 patients may be sent to hospital by the courts or be transferred from prison or other forms of custody, eg immigration removal centres. 2 Care, support and treatment in hospital: chapters 23-24 These chapters describe the provisions of the Act dealing with medical treatment for mental disorder. These provisions primarily apply to people who are liable to be detained in hospital or who are community treatment order (CTO) patients. Some provisions apply to all mental health patients, regardless of whether they are, or could be, detained under the Act. Leaving hospital: chapters 25-29 Patients who leave hospital may be fully discharged or allowed on temporary leave under section 17 of the Act, placed under guardianship or be discharged onto a CTO. Patients on section 17 leave remain liable to be detained under the Act and patients subject to a CTO may be recalled to hospital for further medical treatment if necessary. The Secretary of State for Justice may conditionally discharge a restricted patient at any time, by issuing a warrant to that effect and in certain circumstances restricted patients may be conditionally discharged by the Tribunal. Where patients are placed under guardianship the guardian may be a local authority or a private individual. The Act requires clinical commissioning groups and local authorities to arrange after- care for certain patients who have been detained for treatment under the Act to help their re-integration into the community. This after-care must meet a need arising from or related to the person’s mental disorder and have the purpose of reducing the risk of a deterioration of the person’s mental condition. Professional responsibilities: chapters 30-33 The responsibilities and obligations of mental health professionals and hospital managers under the Act are set out in relation to: • patients • the nearest relative, and (on occasion) • victims. The provisions in the Act relating to the approval of approved mental health professionals (AMHP), doctors approved under the Act as having special experience in the diagnosis or treatment of mental disorder, and approved clinicians are included. The chapter on hospital managers and the Act covers how the Act defines hospital managers, the functions of hospital managers, how hospital managers’ functions may be delegated and the scrutiny of documents and the rectification of errors. Under the Domestic Violence, Crime and Victims Act 20041 (DVCVA), victims of serious violent and sexual offences have the right to receive certain information about key stages in a part 3 patient’s progress and treatment. 1 Domestic Violence, Crime and Victims Act 2004. http://www.legislation.gov.uk/ukpga/2004/28 3 The chapter on offences describes the specific offences created by the Act, and the provisions which protect people who undertake actions under, or purporting to be under, the Act. Transfer of patients between jurisdictions: chapters 34-38 On occasions it is necessary to transfer patients to different parts of the United Kingdom, the Channel Islands or the Isle of Man or abroad. These chapters look at the provisions within the Act which govern whether, and if so how, this may be done. Transfers between England and Wales are included in chapter 10. References to legislation iv. When this Reference Guide refers to parts, sections or schedules, it means sections or schedules of the Act itself, unless otherwise specified. When it refers to secondary legislation under the Act it means the following: The HGT Regulations (or HGT The Mental Health (Hospital, Guardianship Regulation X or Y) and Treatment) (England) Regulations 2008 (No. 1184)2 The AMHP Regulations The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 (No. 1206)3 The Conflict of Interest Regulations The Mental Health (Conflicts of Interest) (England) Regulations 2008 (No. 1205)4 The Mutual Recognition The Mental Health (Mutual Recognition) Regulations Regulations 2008 (No. 1204)5 The Nurses Order Mental Health (Nurses) (England) Order 2008 (No. 1207)6 The Standing Rules The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) 7 Regulations 2012 (No. 2996) Figure 1: Clarifications of the Mental Health Act 1983: Code of Practice 2015 2 The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations. 2008 SI 2008/1184. http://www.legislation.gov.uk/uksi/2008/1184/pdfs/uksi_20081184_en.pdf 3The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations. SI 2008/1206. http://www.legislation.gov.uk/uksi/2008/1206/pdfs/uksi_20081206_en.pdf 4 The Mental Health (Conflicts of Interest) (England) Regulations. SI 2008/1205. http://www.legislation.gov.uk/uksi/2008/1205/pdfs/uksi_20081205_en.pdf 5 The Mental Health (Mutual Recognition) Regulations. SI 2008/1204. http://www.legislation.gov.uk/uksi/2008/1204 6 Mental Health (Nurses) (England) Order. SI 2008/1207. http://www.legislation.gov.uk/uksi/2008/1207 7 The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations. SI 2012/2996. http://www.legislation.gov.uk/uksi/2012/2996 4 Code of Practice paragraph Clarification 12.30 It is important that the patient’s The ‘where appropriate’ in the first responsible clinician/s attend the Tribunal, sentence refers to ‘other staff’ rather supported by other staff involved in the than the responsible clinician. patient’s care, where appropriate, as their evidence is crucial for making the case for a patient’s continued detention or CTO under the Act. Wherever possible the responsible clinician, and other relevant staff, should attend for the full hearing so that they are aware of all the evidence made available to the Tribunal and the Tribunal’s decision and reasons. 15.16 It should also be borne in mind that These two paragraphs should be read a person who is removed to a place of in conjunction with chapter 16. They safety may already be on a community update paragraphs 10.54 and 10.55 in treatment order (CTO) (chapter 29), the 2008 Code and could have been conditional discharge (chapter 22) or leave located in new chapter 16 ‘Police of absence (chapter 27), or might be powers and places of safety’. absent without leave (chapter 28) and that they may need to be recalled or returned to hospital. If it becomes apparent that this is the case, the professionals assessing the patient should make an effort to contact the patient’s responsible clinician as soon as possible. 15.17 Where the person is known to be on a CTO and compulsory admission is indicated, the recall power should be used (see chapter 29). An application for detention should not be made in respect of a person who is known to be on a CTO. 5 29.46 The responsible clinician may recall Text in Act is correct and overrides a patient on a CTO to hospital for Code text. Should be read as ‘and’ not treatment if: ‘or’ in both cases. • the patient needs to receive treatment for mental disorder in hospital (either as an in-patient or as an out-patient), or • there would be a risk of harm to the health or safety of the patient or to other persons if the patient were not recalled.
Load more

Recommended publications
  • Decision-Making Behaviour Under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: an English Perspective
    laws Article Decision-Making Behaviour under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: An English Perspective Nicola Glover-Thomas ID School of Law, University of Manchester, Manchester M13 9PL, UK; [email protected] Received: 21 February 2018; Accepted: 20 March 2018; Published: 24 March 2018 Abstract: In England and Wales, the Mental Health Act 1983 (MHA 1983) provides the legal framework which governs decisions made concerning the care and treatment of those suffering from mental disorders, where they may pose a risk to themselves or others. The perspective of the patient and the care provider may conflict and can be a source of tension and challenge within mental health law. Through access to a mental health tribunal, patients are offered the apparatus to review and challenge their detention. With detention rates under the mental health legislation rising exponentially, this is having a knock-on effect upon tribunal application numbers. As there is a legal requirement to review all cases of individuals detained under the MHA 1983, understanding the key drivers for this increase in detention is essential in order to understand how to better manage both detention rates and the upsurge in tribunal caseloads. With the increase in overall activity, mental health tribunal workloads present significant practical challenges and has downstream cost implications. Keywords: detention; caseload; mental health tribunal; Mental Health Act 1983; decision-making; risk; costs 1. Introduction Mental illness costs the UK economy £100 billion a year (Johnson 2016; McCrone et al. 2008). In 2012, the Her Majesty’s (HM) Government spent £126 billion on health (HM Treasury 2011, p.
    [Show full text]
  • The Mental Health Act Commission
    ORIGINAL PAPERS The Mental Health Act Commission Christopher Curran and William Bingley The aim of this article is to promote a clearer under for Health to establish the Mental Health Act standing of the Mental Health Commission's develop Commission. The Commission was established ment, structure and function. Over recent years, mental on 1 September 1983 under the Mental Health health professionals and patients have become more Act Commission (Establishment and Consti aware of the organisation and its work, although some tution) Order (S.I. 1983 No. 892), and started may remain uncertain about its function and how it work on 30 September 1983. fits into the overall care of detained patients. The Commission's fundamental job is to safeguard the well- being and interests of patients detained under the Act. Present structure and composition of Its remit does not extend to informal patients. Unless the Commission otherwise indicated, all statutory references are to the 1983 Mental Health Act. The Commission is governed by the Mental Health Act Commission Regulations (S.I. 1983 No. 894). It is a special health authority within the National Health Service (Fig. 1) and com Historical perspective prises approximately 90 part-time Commission From the 18th century, special bodies have ex ers. They are appointed by the Secretary of isted to monitor the use of statutory powers and State for Health for England and the Secretary of ensure that mentally disordered people receive State for Wales, usually for four years. Commis appropriate care. Early forerunners of the Mental sioners are drawn from a multi-professional Health Act Commission were the Commissioners background, and they include lawyers, doctors, in Lunacy, established in 1774 under the Act for nurses, social workers, psychologists, academ Regulating Private Madhouses.
    [Show full text]
  • Starting-Today.Pdf
    Starting today The future of mental health services Final Inquiry report September 2013 Acknowledgements We wish to thank all those who took part in our Inquiry for their support and contributions, and especially the members of our Advisory Panel. We record their names in the Annex to this report. We thank Sam Blausten, Hannah Bullmore, Joanna Carson, Caroline Davis, Alice Inch and Simon Lawton-Smith at the Mental Health Foundation for their help in delivering this report. We acknowledge with thanks the financial contribution to this Inquiry received from the Institute of Psychiatry, King’s College, London and Lilly UK. Contents Forward 1 Summary 2 Background and Terms of Reference 7 Methodology 10 Visions of the future 11 The world in 1983 14 Assumptions about the future, and past and present trends 15 The Call for Evidence: what we were told 19 The six key themes 23 Theme 1 – Personalising services 23 Co-production 24 Self-management 26 Theme 2 – Integrated care 27 Models of integrated care 29 Specialist mental health care in primary care settings 29 Crisis support in the community 31 ‘One stop shops’ and community support 32 Taking integrated care forward 33 Changing the mindset, and the importance of relationships 33 Structural factors that facilitate good integrated care 35 Information-sharing systems 35 Shared protocols 35 Joint funding and commissioning 35 Co-located services 36 Multidiscinplinary teams 36 Liaison services 36 Theme 3 – Lifespan issues 37 Early life 37 Later life 38 Theme 4 – Workforce development 40 The balance
    [Show full text]
  • MAKING DECISIONS for PEOPLE WHO LACK CAPACITY Mental Capacity Act 2005
    MAKING DECISIONS FOR PEOPLE WHO LACK CAPACITY Mental Capacity Act 2005 RELATIONSHIP BETWEEN THEMENTAL CAPACITY ACT (MCA) AND THE MENTAL HEALTH ACT (MHA) This is one of a series of resource materials for clinical ethics committees providing explanation and discussion of the sections of the Mental Capacity Act which are particularly relevant to their work. Introduction Mental disorder may sometimes be associated with impaired decision making capacity. This incapacity may be temporary during acute periods of illness or more sustained in those with severe and enduring mental health problems. In such circumstances treatment will proceed using the provisions contained in the MCA. On occasions a person may be so unwell that they may also fulfill the criteria for detention in hospital under the Mental Health Act (MHA) for assessment and treatment of their mental disorder . When this occurs it may be unclear as to the most appropriate legislative route to take (see link for a summary of the MHA http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/DH_4002034) Case example Box 1 Case example Mrs A Mrs A is severely depressed and extremely withdrawn. She passively goes along with her husband who brings her to the ward for admission. She makes no attempt to go when her husband leaves but later sits staring at the door asking to go home. She cannot engage in any discussion about the treatment plan. The team thinks she lacks decision making capacity. The team then discusses whether she should be treated under the MCA (as she lacks capacity) or, given that she has not consented to the admission and looks as if she wants to leave, whether the MHA would be more appropriate.
    [Show full text]
  • Medical Treatment for Mental Disorder Under the MHA Policy
    Medical Treatment for Mental Disorder under the MHA Policy Mental Health Act 1983 as amended by the Mental Health Act 2007 HPFT Policy HPFT Version 5 Executive Lead Executive Director Quality & Safety Lead Author MHA Operational Manager Approved Date 06/06/2017 Approved By Mental Health Act Quality & Policy Group Ratified Date 06/06/2017 Ratified By Mental Health Act Quality & Policy Group Issue Date 28/07/2017 Expiry Date 28/02/2020 Target Audience This Policy must be understood by anyone: Prescribing or administrating treatment for a mental disorder and seeking consent to treatment Working with those subject to the provisions of the MHA, both detained and “community” patients. Document on a Page Title of document MHA Medical Treatment for Mental Disorder Document Type Policy Ratifying Policy Panel Committee Version Issue Date Review Date Lead Author MHA Operational 5 28/07/2017 28/07/2020 Manager Staff need to know about this policy All staff must be aware of which legal authority they are using to give because treatment for a mental disorder; there must be valid authority to treat (complete in 50 all patients detained under the MHA. Any treatment given without words) legal authority is an assault on that patient. Staff are encouraged to read Anyone administrating medication for a mental disorder must ensure the whole policy that there is a legal authority to do so. but I (the Author) have chosen three All patients admitted to an in-patient unit, whether informal or key messages from detained, should be assessed for their capacity to consent to the document to treatment.
    [Show full text]
  • Mental Health (Amendment) Bill Bill 8 of 1997/98 Research Paper 97/138
    The Mental Health (Amendment) Bill Bill 8 of 1997/98 Research Paper 97/138 9 December 1997 Dr. Julian Lewis MP's Private Member's Bill, the Mental Health Amendment Bill, is due to be debated on Second Reading on 12 December 1997. Its aim is to improve access to in-patient psychiatric facilities for people who do not meet the criteria for compulsory admission but who are still in need of "sanctuary". This Paper discusses the background to the Bill, including the changes in mental health legislation over the past hundred years, the shift from providing care in institutions to a policy of "care in the community", the current pressure on in-patient psychiatric beds, and conditions in psychiatric units. It then describes the Bill clause by clause and summarises the responses that have been made to it by interested organisations. Katharine Wright Social Policy Section House of Commons Library Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. CONTENTS ISummary 5 II A history of psychiatric provision 7 III The balance between hospital care and care in the community 14 A. Care in the community 14 B. Availability of in-patient beds 15 C. Conditions in psychiatric hospitals 19 D. Government action 21 1. Conservative Government 21 2. Labour Government 22 IV The Mental Health (Amendment) Bill 24 V Responses to the Bill 25 Research Paper 97/138 I Summary Julian Lewis MP's Private Member's Bill, the Mental Heath Amendment Bill (Bill 8 of 1997- 98) is prompted by the concern that the way the policy of "care in the community" has been implemented in practice has led to patients who need in-patient care in a safe environment being unable to access such care.
    [Show full text]
  • 00 MENTAL HEALTH 2012 Edn 00-291.Qxd 22/12/11 14:21 Page 1
    00 MENTAL HEALTH 2012 edn 00-291.qxd 22/12/11 14:21 Page 1 Chapter 1 Background to the Mental Health Act 2007 Introduction The Mental Health Act, as passed in 2007 and largely implemented in 2008, is the result of ten years of debate. Many will see the Act as a disappointing conclusion to such a lengthy period of discussion and analysis. It is essentially an amendment Act which reforms the existing Mental Health Act 1983. In its final version the Act is not a particularly radical reform and it preserves most of the existing law. The UK Government’s initial plans were more radical but they met significant resistance as we shall see in this chapter. We will also look at the main changes in summary form. The structure of this book This book is essentially concerned with the Mental Health Act 1983 as revised by the 2007 amendments and as it operates in England and Wales. There are some differences between the two countries in terms of the Act but more significantly with the various rules, regulations and Codes of Practice. We try to highlight the differences where they are significant. The text of the Act itself is included within this book but occasionally readers may need to access the internet or seek other source materials for particular references (such as the Reference Guide). The book contains some material on the Mental Capacity Act because of its relevance to mental health law. The aim is to simplify the law as far as possible to make it accessible to professionals and to those affected by the law.
    [Show full text]
  • Personality Disorder and the Law: Some Awkward Questions
    Jill Peay Personality disorder and the law: some awkward questions Article (Published version) (Refereed) Original citation: Peay, Jill (2011) Personality disorder and the law: some awkward questions. Philosophy, psychiatry and psychology, 18 (3). pp. 231-244. ISSN 1071-6076 DOI: 10.1353/ppp.2011.0035 © 2011 The Johns Hopkins University Press This version available at: http://eprints.lse.ac.uk/39443/ Available in LSE Research Online: November 2011 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. PERSONALITY DISORDER AND THE LAW: SOME AWKWARD QUESTIONS JILL PEAY* Professor of Law London School of Economics and Political Science Address for correspondence Department of Law, LSE, Houghton Street, London WC2A 2AE, UK [email protected] Dr Jill Peay is a Professor in the Department of Law at the LSE with interests in both civil and criminal mental health law, and in the treatment of offenders. She is the author of Mental Health and Crime (2010) Routledge, and Decisions and Dilemmas: Working with Mental Health Law (2003) Hart Publishing.
    [Show full text]
  • Medical Treatment Under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: Review of Article 3 and 8 Case Law
    Lawn & McDonald Sexual assault on psychiatric in-patient wards NATIONAL PATIENT SAFETYAGENCY policies to aid prevention. Psychiatric Declaration of interest (2006) With Safety in Mind: Mental Bulletin, 17,274-276. Health Services and Patient Safety. THOMAS, C., BARTLETT, A. & MEZEY, None. Patient Safety Observatory Report 2/ G. C. (1995) The extent and effects of special July 2006. National Patient Safety violence among psychiatric in-patients. articles Agency. Psychiatric Bulletin, 19,600-604. ROYAL COLLEGE OF PSYCHIATRISTS References WARNER, J., PITTS, N., CRAWFORD, (19 96) Sexual Abuse and Harassment in M. J., et al (2004) Sexual activity among BARLOW, F. & WOLFSON, P. (1997) COLE, M., BALDWIN, D. & THOMAS, P. Psychiatric Settings. Royal College of patients in psychiatric hospital wards. Safety and security: a survey of (2003) Sexual assault on wards: staff Psychiatrists. female psychiatric in-patients. actions and reactions. International Journal of the Royal Society of Psychiatric Bulletin, 21, Journal of Psychiatry in Clinical Practice, ROYAL COLLEGE OF PSYCHIATRISTS Medicine, 97, 477-479. (2001) Response: Setting the 270-272. 7,239-242. WELCH, S. J. & CLEMENTS, G.W. (1996) Boundaries; Reforming the Law on Sex Development of apolicy on sexuality for BAYNEY, R. & IKKOS, G. (2003) GUDJONSSON, G. H., HAYES, G. D. & Offences. Royal College of hospitalized chronic psychiatric Managing criminal acts on the ROWLANDS, P. (2000) Fitness to be Psychiatrists. psychiatric ward: understanding the interviewed and psychological patients. CanadianJournal of police view. Advances in Psychiatric vulnerability: the views of doctors, SUBOTSKY, F. (1993) Sexual abuse in Psychiatry, 41,273-279. Treatment, 9,359-367. lawyers and police officers. Journal of psychiatric hospitals: developing Forensic Psychiatry, 11,74-92.
    [Show full text]
  • Modernising the Mental Health Act
    Modernising the Mental Health Act Increasing choice, reducing compulsion Final report of the Independent Review of the Mental Health Act 1983 December 2018 © Crown copyright 2018 Published to GOV.UK in pdf format only. www.gov.uk/dhsc This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 1 Contents FOREWORD - REVIEW CHAIR .......................................................................................... 4 INTRODUCTION AND EXECUTIVE SUMMARY - REVIEW CHAIR AND VICE CHAIRS. 16 LETTER FROM THE REVIEW'S SERVICE USER AND CARER GROUP ....................... 35 HOW THE REVIEW CARRIED OUT ITS WORK .............................................................. 39 THE CASE FOR CHANGE ................................................................................................ 45 UNDERSTANDING RISING RATES OF DETENTION .................................................. 49 SERVICE USER EXPERIENCE ..................................................................................... 53 STEPS TO TACKLE THE DISPROPORTIONATE NUMBER OF PEOPLE FROM ETHNIC MINORITY COMMUNITIES DETAINED UNDER THE ACT ............................ 58 HOW WE ARE MEETING OUR HUMAN RIGHTS OBLIGATIONS ................................ 60 MENTAL CAPACITY AND DECISION MAKING IN THE MHA......................................
    [Show full text]
  • Chapter 20: the Therapeutic Relationship: Treatment and Confidentiality Chapter 21: Powers of Restraint, and the Protection of Staff
    PART VI ^ TREATMENT AND RESTRAINT Chapter 20: The Therapeutic Relationship: Treatment and Confidentiality Chapter 21: Powers of Restraint, and the Protection of Staff 20.01 Chapter 20 THE THERAPEUTIC RELATIONSHIP: TREATMENT AND CONFIDENTIALITY 20.01 Introduction 20.19 What forms of Treatment are A. TREATMENT FOR MENTAL governed by Part TV? DISORDER 20.20 Treatment requiring Consent and 20.02 Definition of Medical Treatment a Second Opinion (Section 57) 20.03 MilieM Therapy 20.21 Treatment requiring Consent or a Second Opinion (Section 58) 20.04 Psychotherapy 20.22 Appointment of Doctors and 20.05 Drug Treatment (Chemotherapy) others to Certify Consent and 20.06 Electroconvulsive Therapy (ECT) give Second Opinions 20.07 Psychosurgery 20.23 Visiting Patients and Inspection of 20.08 Behaviour Modification Records 20.08A Seclusion 20.24 Plans of Treatment 20.09 Sterilisation 20.25 Withdrawal of Consent 20.09A Treatment Plans 20.26 Review of Treatment B. CONSENT TO TREATMENT 20.27 Urgent Treatment UNDER THE COMMON LAW 20.28 Treatment Not Requiring Consent 20.10 Applicability of Common Law D. RIGHT TO TREATMENT Principles to Mentally UNDER THE EUROPEAN Disordered Persons CONVENTION ON HUMAN 20.11 Trespass to the Person: The Basic RIGHTS Principles 20.29 Article 5(1) Protects Only the 20.12 Information Right to Liberty and Not the 20.13 Voluntariness Right to Treatment 20.14 Specificity E. CONFIDENTIALITY 20.15 Competency 20.30 Professional Responsibility 20.15A Competency of Minors 20.31 Ownership of Medical Records 20.15B Substituted of Proxy Consent of 20.32 The Law of Confidence Incompetent Minors 20.33 Proposal for Reform of the Law 20.16 Necessity: Treatment in the of Confidence Absence of Consent 20.34 Access to Medical Records C.
    [Show full text]
  • International Legal Approaches to Neurosurgery for Psychiatric Disorders
    REVIEW published: 13 January 2021 doi: 10.3389/fnhum.2020.588458 International Legal Approaches to Neurosurgery for Psychiatric Disorders Jennifer A. Chandler 1*, Laura Y. Cabrera 2, Paresh Doshi 3, Shirley Fecteau 4,5, Joseph J. Fins 6,7, Salvador Guinjoan 8, Clement Hamani 9, Karen Herrera-Ferrá 10, C. Michael Honey 11, Judy Illes 12, Brian H. Kopell 13, Nir Lipsman 14, Patrick J. McDonald 15, Helen S. Mayberg 16, Roland Nadler 17, Bart Nuttin 18, Albino J. Oliveira-Maia 19,20, Cristian Rangel 21, Raphael Ribeiro 22, Arleen Salles 23 and Hemmings Wu 24 1 Faculty of Law, University of Ottawa, Ottawa, ON, Canada, 2 Center for Ethics & Humanities in the Life Sciences and Dept. Translational Neuroscience, Michigan State University, East Lansing, MI, United States, 3 Department of Neurosurgery, Jaslok Hospital and Research Center, Mumbai, India, 4 Department of Psychiatry and Neurosciences, Faculty of Medicine, Université Laval, Quebec City, QC, Canada, 5 CERVO Brain Research Center, Center Intégré Universitaire en Santé et Services Sociaux de la Capitale-Nationale, Quebec City, QC, Canada, 6 Weill Cornell Medical College, Consortium for the Advanced Study of Brain Injury, Weill Cornell and the Rockefeller University, New York, NY, United States, 7 Solomon Center for Health Law & Policy, Yale Law School, New Haven, CT, United States, 8 Laureate Institute for Brain Research, Tulsa, OK, United States, Edited by: 9 Harquail Center for Neuromodulation, Sunnybrook Research Institute, Division of Neurosurgery, Sunnybrook Health James J. Giordano,
    [Show full text]