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Health Acts

Health Acts. Aiesha 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.

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Health Acts

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  1. Health Acts Aiesha and Gareth

  2. 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

  3. Mental Capacity Act 2005 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?

  4. Mental Health Act 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.

  5. 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) Mental Capacity Act Mental Health Act

  6. 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 • Mental health act 1983 • Mental capacity act 2005 • Children act 1989 • 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 • ≥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

  7. Confidentiality • Data protection act • When can you break confidentiality?

  8. Human Tissue Act • Consent for donation • Consent for display or anatomical examination • Hierarchy of consent • Criteria for diagnosis of death • Joining organ donor register

  9. HFE Act • Embryo testing • Embryo selection • Embryo implantation

  10. Abortion 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

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