Health ActsAiesha and Gareth

Mental Capacity Act

Applies to?

When is a patient deemed to lack capacity?

Guiding principle?

Anyone over 16 who LACKS capacity

Patient is unable to ◦ understand,◦ retain ◦ weigh up information

relevant to a decision, ◦ communicate.

Capacity is assumed in over 16. Decisions must be in the best interest of the patient

I have a proud infestation of crabs, whom I love and take great care of. I am worried that if I lose capacity the doctors may hurt them.

I have made an advance refusal of treatment. Which Act dictates the conditions for this to be valid?

Mental Capacity Act 2005

3 criteria for detention and treatment

Person suffering from a mental disorder defined in the act

Treatment is ONLY for the mental disorder Person poses a risk to him/herself or others.

Mental Health Act

Which piece of legislation (statute) regulates each of the following:

(i) restraint of patients? (1 mark) (ii) deprivation of a patient’s liberty? (1

mark)

1)Mental Capacity Act2)Mental Health Act

Mental health act 1983 Mental capacity act 2005 Children act 1989

Treating people without consent - Only for mental disorder

- Can be detained for assessment and/or treatment for a mental disorder

- Must have a mental disorder as defined in the Act (including AN)

- High risk to self/others

- ≥16yo who lack capacity- Must be in the best interests of

the patients- A valid advance refusal of

treatment must be respected- Someone with a lasting power

of attorney can make decisions on behalf of the patient, including refusal of treatment

- Under 18yo- Someone with parental

responsibility can consent to/refuse treatment

- A competent child’s refusal can be overridden if a valid consent is obtained from someone with authority to consent

Data protection act When can you break confidentiality?

Confidentiality

Consent for donation Consent for display or anatomical

examination Hierarchy of consent

Criteria for diagnosis of death Joining organ donor register

Human Tissue Act

Embryo testing Embryo selection Embryo implantation

HFE Act

4 criteria pregnancy hasn’t exceeded 24 weeks and

involves risk of injury to physical or mental health of the woman or her existing family

termination is necessary to prevent permanent injury to the woman

continuation would risk the woman’s life there is a substantial risk that the child will

be seriously handicapped

Abortion Act