❓ This WA parliamentary question seeks data on voluntary and involuntary mental health patients and clarifies the processes for declining services and transitioning between voluntary and involuntary status. The answer provides specific numbers and outlines relevant procedures under the Mental Health Act 1996.
AnsweredQoN 1987Legislative Council
QuestionView source ↗
Regarding the provision of mental health services, I ask -
(1) How many voluntary mental health patients are currently receiving treatment from the Department of Health?
(2) How many involuntary mental health patients are currently receiving treatment by the Department of Health?
(3) What is the process by which voluntary mental health patients can decline services?
(4) What is the process by which a voluntary patient becomes an involuntary patient?
(1) How many voluntary mental health patients are currently receiving treatment from the Department of Health?
(2) How many involuntary mental health patients are currently receiving treatment by the Department of Health?
(3) What is the process by which voluntary mental health patients can decline services?
(4) What is the process by which a voluntary patient becomes an involuntary patient?
AnswerView source ↗
Answered
3 June 2004
Responded by
Parliamentary Secretary representing the Minister for Health
Response time
29 days
(2) On 6 May 2004, there were 489 involuntary mental health patients receiving treatment by the Department of Health: - Involuntary inpatients: 199 - Involuntary Outpatients: 290 (3) Mental health patients may receive treatment on a voluntary basis whereby they give consent to the treatment. Voluntary patients are entitled to refuse specific treatments and may still remain patients of the service. A patient may choose to have no further contact with a service. This does not relieve the service of a continuing duty of care to the patient. If a mental health patient wishes to decline services, the service needs to consider; (1) whether to discharge the patient from the service, (2) whether the patient meets the criteria for involuntary status or (3) whether in line with a duty of care the patient should continue to be offered services. With option (3), treatment may still be offered though the patient can refuse any treatment. Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
- Involuntary inpatients: 199 - Involuntary Outpatients: 290 (3) Mental health patients may receive treatment on a voluntary basis whereby they give consent to the treatment. Voluntary patients are entitled to refuse specific treatments and may still remain patients of the service. A patient may choose to have no further contact with a service. This does not relieve the service of a continuing duty of care to the patient. If a mental health patient wishes to decline services, the service needs to consider; (1) whether to discharge the patient from the service, (2) whether the patient meets the criteria for involuntary status or (3) whether in line with a duty of care the patient should continue to be offered services. With option (3), treatment may still be offered though the patient can refuse any treatment. Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
(3) Mental health patients may receive treatment on a voluntary basis whereby they give consent to the treatment. Voluntary patients are entitled to refuse specific treatments and may still remain patients of the service. A patient may choose to have no further contact with a service. This does not relieve the service of a continuing duty of care to the patient. If a mental health patient wishes to decline services, the service needs to consider; (1) whether to discharge the patient from the service, (2) whether the patient meets the criteria for involuntary status or (3) whether in line with a duty of care the patient should continue to be offered services. With option (3), treatment may still be offered though the patient can refuse any treatment. Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
(4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
· If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
· A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
- Involuntary inpatients: 199 - Involuntary Outpatients: 290 (3) Mental health patients may receive treatment on a voluntary basis whereby they give consent to the treatment. Voluntary patients are entitled to refuse specific treatments and may still remain patients of the service. A patient may choose to have no further contact with a service. This does not relieve the service of a continuing duty of care to the patient. If a mental health patient wishes to decline services, the service needs to consider; (1) whether to discharge the patient from the service, (2) whether the patient meets the criteria for involuntary status or (3) whether in line with a duty of care the patient should continue to be offered services. With option (3), treatment may still be offered though the patient can refuse any treatment. Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
(3) Mental health patients may receive treatment on a voluntary basis whereby they give consent to the treatment. Voluntary patients are entitled to refuse specific treatments and may still remain patients of the service. A patient may choose to have no further contact with a service. This does not relieve the service of a continuing duty of care to the patient. If a mental health patient wishes to decline services, the service needs to consider; (1) whether to discharge the patient from the service, (2) whether the patient meets the criteria for involuntary status or (3) whether in line with a duty of care the patient should continue to be offered services. With option (3), treatment may still be offered though the patient can refuse any treatment. Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
Permission for treatment must be given freely and voluntarily. Any mental health professional cannot assume a patient has given permission just because they do not object. When asking for permission for treatment, a doctor or psychiatrist must: · Clearly explain the proposed treatment; · Tell the patient about any experimental drugs or treatment they would like to use; · Warn the patient of any risks involved; and · Give the patient enough time to make a decision and get other advice or assistance. A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
A voluntary patient in a hospital has the same rights as any other person in hospital. These rights include the right to: · Obtain a second opinion from another psychiatrist. · Ask questions and be fully informed about any treatment they are offered. · Refuse any treatment they are offered, including non-psychiatric (medical) treatment. (4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
(4) The processes whereby a person may be made an involuntary patient are outlined in the Mental Health Act 1996 (MHA). · If a person is a voluntary patient in an authorised hospital, they may discharge themselves at any time. If a psychiatrist is not available to examine the patient, a Senior Mental Health Practitioner who suspects, on reasonable grounds, that a person should be examined for the purposes of section 29 of the MHA, which is to refer a person to a psychiatrist for examination, may, in writing, order that the person be detained in the hospital for up to 6 hours from the time the person sought to be discharged. An examination following a referral is to be made by a psychiatrist who is not at the time the patient’s treating psychiatrist. Following an examination by a psychiatrist under section 37 of the MHA, the person may be made an involuntary patient. · If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
· If a person is a voluntary patient in the community, either a medical practitioner or an authorised mental health practitioner, who suspects on reasonable grounds that the person should be made an involuntary patient, may refer the person for an examination by a psychiatrist at either an authorised hospital or another place where to the knowledge of the referrer the examination can be carried out. If the examination occurs in an authorised hospital, the psychiatrist has the power to make the referred person an involuntary patient, either detained in an authorised hospital or subject to a community treatment order (s.43). If the examination occurs in another place, the psychiatrist may order that the person be received into and detained in an authorised hospital for assessment of whether an order of involuntary status should be made (s.39). Alternatively, the psychiatrist may decide to make the person an involuntary patient on a community treatment order (s.67). · A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
· A voluntary patient may also be made an involuntary patient on a community treatment order under a general power to make a community treatment order (s.67). In these circumstances, a psychiatrist who has examined a person and believes, having regard to section 26, that the person should be made an involuntary patient, may make a community treatment order in respect of that person.
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