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Understanding UK Health Legislation | Summary of Major Acts in Healthcare

Exploring the Mental Capacity Act, Mental Health Act, Consent Laws, and More in the UK healthcare system. Know the criteria, purpose, and implications of each legislation for patient care.

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Understanding UK Health Legislation | Summary of Major Acts in Healthcare

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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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