MEDI3004 MENTAL HEALTH ROTATION -YEAR 3 MBBS. Topic 9. Mental Health Act and Legal/Ethics Aspects.docx

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University of Queensland
Associate Professor Jane Turner

MENTAL HEALTH ACT  Does not enable involuntary assessment or treatment of medical conditions EMERGENCY EXAMINATION ORDER (EEO)  Made by police or ambulance officer  Gives 6hrs to get R&R done ASSESSMENT CRITERIA (1) The assessment criteria for a person, are all of the following, based on available information— (a) the person appears to have a mental illness; (b) the person requires immediate assessment; (c) the assessment can properly be made at an authorized mental health service; (d) there is a risk that the person may— (i) cause harm to himself or herself or someone else; or (ii) suffer serious mental or physical deterioration; (e) there is no less restrictive way of ensuring the person is assessed. (2) Also, for chapter 2, the assessment criteria for a person include— (a) lacking the capacity to consent to be assessed; or (b) having unreasonably refused to be assessed. INVOLUNTARY ASSESSMENT ORDERS  Two assessment documents must be made by two different people before a person can be detained for involuntary assessment of their presumed mental illness: 1. Request for assessment: made by any adult who has seen the person within the last three days and believes the person has a mental illness 2. Recommendation for assessment: Made by any doctor who has examined the person with the last three days. It must clearly document how each and all of the six criteria for involuntary assessment are met. This involved providing clinical evidence, not merely concurring that the criteria are met  The treating doctor cannot fill out both the request and recommendation forms  Once the R & R have been completed, the patient can be involuntary detained (but no involuntary treated – other than for safe transfer) for up to 24 hours to enable an assessment by an authorized doctor to take place. TREATMENT CRITERIA (1) The treatment criteria for a person, are all of the following— (a) the person has a mental illness; (b) the person’s illness requires immediate treatment; (c) the proposed treatment is available at an authorized mental health service; (d) because of the person’s illness— (i) there is an imminent risk that the person may cause harm to himself or herself or someone else; or (ii) the person is likely to suffer serious mental or physical deterioration; (e) t
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