Wednesday, 25 June 2008

important acts to remember

the mental Capacity act 2005:
this act provides a legal framwork for making decisions in relation to people who lack capacity.

the mental health act 2007:
this act provides a statutory framework, which sets out when patients can be compulsorily treated for mental disorder without consent,to protect them or others from harm.

the human tissue act 2004:
this act require consent to be obtained before a person's tissue can be stored and used.

the human fertilisation and emberyology act 1990:
this act privide legal framework across UK for all those involved in fertility treatment.
currently the parliament is considering number of amendments to the act.

the human right act 1998:
the right to life and the right to be free from degrading treatment.


  1. The Mental Health Act 1983 is a major piece of legislation applicable in England and Wales. The Act consolidates the law relating to mentally disordered patients.

    The 1983 Act has been amended (not replaced) by The Mental Health Act (2007).

    The Act has effect with respect to:

    “The reception, care and treatment of mentally disordered patients, the management of their property and other related matters.”

  2. Section 2 of the MHA gives the authority for someone to be detained in hospital for assessment, and is typically used when someone is compulsorily admitted and not known to the treating team. Section 2 lasts up to 28 days.

    Section 3 is used for treatment, typically following either a Section 2 when extended treatment is required or when someone is known to have specific mental health problems. Section 3 lasts up to six months. The third consecutive Section 3 detention can last up to one year.

  3. Section 136 OF mha enables a police officer to remove someone from a public place and take them to a place of safety, which is usually a police station or hospital.

    Section 136 has duration of up to 72 hours from arrival at the place of safety.

  4. section 5(2) of MHA allow detention of an informal inpationt for up to 72 hours.
    it is desgned to be used as an emergency holding order to give time to complete a section 2 or 3, therefore second opinion doctor should be called immediately.

  5. is organ donation card legally binding?

  6. The HT Act makes clear that where an adult made a decision to, or not to, consent to organ donation taking place after their death, then that consent is sufficient for the activity to be lawful.

    In cases of potential deceased donation, the transplant coordinator or delegated person should be approached at an early stage and asked to determine whether the deceased person had consented to donate their organs after death. This should be done before partners, relatives or close friends are approached.

    Trained staff should determine whether the deceased person had given consent for organ donation by checking relevant sources, such as the Organ Donor Register. If consent is established, those close to the deceased should be told.

    If no records are held, an approach should be made to the deceased person’s partner, relatives or close friends by a transplant coordinator or a member of the team who cared for the person, or both together, to establish any known decision of the deceased person to consent (or not) to donation.

    Once it is known that the deceased person consented to donation, the matter should be discussed sensitively with those close to the deceased. They should be encouraged to recognise the wishes of the deceased and it should be made clear, if necessary, that they do not have the legal right to veto or overrule their wishes. There may nevertheless be cases in which donation is considered inappropriate and each case should be assessed individually.

    If the deceased person’s wishes are unknown and donation is a possibility, trained healthcare professionals should raise the subject of donation with the appropriate partner, relative/s or close friend/s. This approach should be made as sensitively as possible and provide enough information to allow a decision to be reached. Once a decision has been made, it must be respected.

    If the deceased person’s wishes are not known and they were an adult who had appointed a person to deal with the use of their body after death, then consent can be given by that nominated representative

    If the deceased person’s wishes are not known, and they had not appointed a nominated representative, consent can be given by a person who was in a qualifying relationship immediately before the death