Articles for tag: assessment, capacity, consent, delegation, law, medication, nurses, PRN, psychiatry, regulation, S62, Section 62, treatment

Dissecting Section 62(1) Mental Health Act 1983: Treatment Authority and Non-delegation

This article aims to dissect and clarify intricate aspects of the Mental Health Act 1983 (MHA), particularly regarding treatment authorisation under Section 58 and emergency powers under S62(1). This is vital for all healthcare professionals involved in the care of patients under the Act. See background in Section 62(1): the hard boundary between law and ethics – Investigative Psychiatry, Feb 2025. The core issues that emerge are non-delegation of Statutory duties to persons who are not the Approved Clinician or ...

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Section 62(1): the hard boundary between law and ethics

In a previous post I unpacked some of the key issues in Section 62(1). Appropriate study of this article will necessitate digestion of Fathoming Section 62 of the MHA 1983 – Investigative Psychiatry (April 2024). Understanding of this article depends on having a foundational understanding of Statute Law, what it means and the power of it. For the avoidance of doubt or arbitrary inference, I do not relish patients suffering or promote the suffering of patients in any related matter. ...

Fathoming Section 62 of the MHA 1983

The Mental Health Act 1983 [hereafter MHA] provides many powers to detain patients for treatment in hospital. Many amendments were made in 2007. The legislation is complex – necessarily so – and aims to protect the welfare of patients who are detained and who are within its reach in the community. It is an intricate balance of the power and restraint by Parliament. The powers and restraint on use of power are delegated to organisations and to individuals with certain ...