2014 Virginia Mental Health Law Changes, Jim Martinez at live session of May 20, 2014:
http://worldeventsforum.blogspot.com/p/l-ive-event-to-be-held-tuesday-may-20.html
Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: t...Darius Whelan
This document summarizes the changing landscape of involuntary, intermediate, and voluntary categories under mental health law. It discusses legal cases that established definitions and protections. Key changes proposed in an expert report include adopting a rights-based approach, new detention criteria focusing on treatment benefit, and categories for those with/without capacity to consent to admission. Involuntary patients would be detained while intermediate patients lack capacity but do not meet detention criteria. The report recommends support for decision-making and oversight of re-grading or overriding treatment refusal.
Mental Health Act 2001: General Outline (March 2011)Darius Whelan
This document provides an overview of the Mental Health Act 2001 and its provisions regarding the involuntary detention of patients in Ireland. Key points include criteria for detention based on mental disorder and risk of harm, time limits for admission and renewal orders, procedures for applications and examinations, the role of the Mental Health Commission and tribunals in reviewing orders, and differences in provisions for detaining children versus adults.
Representing patients subject to compulsory powersAnselm Eldergill
1. The document discusses legal representation before mental health tribunals in the UK. It provides details on who can serve as an authorized representative, the process for notifying the tribunal office of representation, and rights that representatives have under tribunal rules.
2. Representatives must notify the tribunal office of their authorization and address. Tribunals can also appoint representatives for patients who do not choose one themselves.
3. The document outlines limitations on who can serve as a representative, including that they cannot be detained for mental health reasons or receiving treatment at the same facility as the patient. It also discusses advantages of authorizing a solicitor, barrister, or medical practitioner as a representative.
This presentation is on Mental Health Act, Indian Lunacy Act and Rights of Patient. Mental Health Nursing one of core subject of B.Sc. Nursing Third Year.
BIBILIOGRAPHY
R SREEVANI “A Guide to Mental Health &
Psychiatric Nursing” 3rd Edition
Jaypee Medical Publisher Pp: 345 to 350
Shelia L Vedibeck “Psychiatric Mental Health
Nursing” 5th Edition Lippincott & Williams.
Mary C Townsend “Essential of Psychiatric health
nursing” 7th Edition F A Devis 2013.
ANTONY JAMES T (2000): “A decade with the
mental health act, Indian Journal
of Psychiatry, 42(4)
Kothari, Jaya “Moving towards autonomy &
equity an analysis of mental health care
bill 2013”
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
This document summarizes key sections and implications of the Indian Mental Health Act of 1987. It discusses how the Act regulates admission, treatment, and discharge of mentally ill patients from psychiatric facilities. Some important points include that the Act aims to prevent stigma, protect patient rights, and establish authorities to oversee mental healthcare. It outlines procedures for voluntary admission, admission by court order, and discharge. The document also discusses chapters related to treatment costs, human rights protections, and penalties for non-compliance.
Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: t...Darius Whelan
This document summarizes the changing landscape of involuntary, intermediate, and voluntary categories under mental health law. It discusses legal cases that established definitions and protections. Key changes proposed in an expert report include adopting a rights-based approach, new detention criteria focusing on treatment benefit, and categories for those with/without capacity to consent to admission. Involuntary patients would be detained while intermediate patients lack capacity but do not meet detention criteria. The report recommends support for decision-making and oversight of re-grading or overriding treatment refusal.
Mental Health Act 2001: General Outline (March 2011)Darius Whelan
This document provides an overview of the Mental Health Act 2001 and its provisions regarding the involuntary detention of patients in Ireland. Key points include criteria for detention based on mental disorder and risk of harm, time limits for admission and renewal orders, procedures for applications and examinations, the role of the Mental Health Commission and tribunals in reviewing orders, and differences in provisions for detaining children versus adults.
Representing patients subject to compulsory powersAnselm Eldergill
1. The document discusses legal representation before mental health tribunals in the UK. It provides details on who can serve as an authorized representative, the process for notifying the tribunal office of representation, and rights that representatives have under tribunal rules.
2. Representatives must notify the tribunal office of their authorization and address. Tribunals can also appoint representatives for patients who do not choose one themselves.
3. The document outlines limitations on who can serve as a representative, including that they cannot be detained for mental health reasons or receiving treatment at the same facility as the patient. It also discusses advantages of authorizing a solicitor, barrister, or medical practitioner as a representative.
This presentation is on Mental Health Act, Indian Lunacy Act and Rights of Patient. Mental Health Nursing one of core subject of B.Sc. Nursing Third Year.
BIBILIOGRAPHY
R SREEVANI “A Guide to Mental Health &
Psychiatric Nursing” 3rd Edition
Jaypee Medical Publisher Pp: 345 to 350
Shelia L Vedibeck “Psychiatric Mental Health
Nursing” 5th Edition Lippincott & Williams.
Mary C Townsend “Essential of Psychiatric health
nursing” 7th Edition F A Devis 2013.
ANTONY JAMES T (2000): “A decade with the
mental health act, Indian Journal
of Psychiatry, 42(4)
Kothari, Jaya “Moving towards autonomy &
equity an analysis of mental health care
bill 2013”
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
This document summarizes key sections and implications of the Indian Mental Health Act of 1987. It discusses how the Act regulates admission, treatment, and discharge of mentally ill patients from psychiatric facilities. Some important points include that the Act aims to prevent stigma, protect patient rights, and establish authorities to oversee mental healthcare. It outlines procedures for voluntary admission, admission by court order, and discharge. The document also discusses chapters related to treatment costs, human rights protections, and penalties for non-compliance.
The Mental Healthcare Act was drafted in 1987 and implemented in 1993 to replace outdated mental health legislation and establish standards for the humane treatment of mentally ill individuals. It aims to consolidate laws around treatment, management, and protection of mentally ill persons. Key provisions include establishing central and state mental health authorities, licensing of psychiatric facilities, procedures for admission and discharge, and protections for patients' rights and welfare. It also defines terms and outlines offenses and penalties.
The Mental Health Act of 1987 was introduced to replace the outdated Indian Lunacy Act of 1912 and protect the rights of mentally ill individuals. The Act established central and state authorities to regulate mental health services. It outlines procedures for admission, detention, discharge and legal protection of mentally ill persons in psychiatric facilities. The Act aims to change societal attitudes towards mental illness and ensure mentally ill individuals receive treatment like other sick patients without stigma. It was later replaced by the Mental Healthcare Bill of 2013 to further strengthen legal safeguards and align with advancements in medical science.
This document provides an overview and critical review of India's Mental Health Act of 1987. It discusses the history and objectives of mental health legislation in India. The positives of the 1987 Act include more humane terminology and provisions for patient rights and property management. However, it is still criticized for prioritizing legal over medical considerations and not removing the criminal element for involuntary patients. The 10 chapters of the Act are also analyzed, identifying inadequacies around definitions, oversight, and emphasis on hospitalization over community care. Improvements are suggested regarding admission criteria and independent review of involuntary treatment.
This document provides an overview of the Mental Health Act of 1987 in India. Some key points:
- The Act was passed in 1987 and came into effect in 1993, replacing previous legislation from 1912 and 1858.
- It established central and state mental health authorities to regulate and oversee psychiatric facilities and services.
- The Act covers procedures for licensing psychiatric hospitals and nursing homes, voluntary and involuntary admission of patients, reception orders for long-term detention, rights of detained individuals, and legal oversight of facilities.
- Its goals were to improve standards of care for the mentally ill, protect their rights and safety, and modernize outdated terminology from previous laws. It aims to balance treatment and protection of both patients
The Mental Health Act of 1987 establishes regulations for admission and treatment of mentally ill persons in India. It aims to protect the rights of the mentally ill and society. Key aspects include voluntary and involuntary admission procedures, discharge criteria, establishment of authorities to oversee mental health services, and protections for the human rights and property of mentally ill persons under treatment. The Act replaced the older Lunacy Act and has 10 chapters covering definitions, admission and discharge processes, treatment, maintenance costs, and penalties.
The document discusses legal issues in mental health nursing in India. It provides an overview of the Mental Health Act of 1987 and the Mental Health Care Bill of 2013, including their objectives, key features, and rights of mentally ill patients. It also explains the roles and legal responsibilities of nurses in admission and discharge procedures, including issues of consent, confidentiality, and record keeping. The legal responsibilities of mentally ill patients regarding civil and criminal matters are also outlined.
This document summarizes the Mental Health Care Act of South Africa, which aims to provide care, treatment and rehabilitation for mentally ill persons. It outlines the objectives of the act, advantages, definitions, rights of mental health care users, and principles of care. It describes procedures for voluntary, assisted and involuntary admission, as well as 72-hour assessments and appeals processes. Key points include integrating mental health into overall healthcare, treating patients nearer home, preventing premature discharges, and reducing stigma.
The document discusses the history and provisions of mental health laws in India. It notes that the Indian Lunacy Act was passed in 1912 to regulate the admission and care of mentally ill individuals in asylums, as no comprehensive law previously existed. This act was replaced by the Mental Health Act of 1987, which introduced updated definitions and emphasized the human rights and dignity of mentally ill persons. The 1987 Act established authorities to regulate facilities, outlined licensing and admission procedures, involuntary commitment provisions, and guidelines for discharge and protection of rights.
The Indian Mental Health Act of 1987 aims to regulate psychiatric hospitals and provide proper treatment and care for mentally ill persons. It establishes central and state authorities to oversee mental health services. The Act allows government to establish psychiatric hospitals and nursing homes. It requires licenses for facilities and outlines conditions for granting, renewing, and revoking licenses. The Act also covers admission procedures, discharge of patients, protection of patient rights, and penalties for non-compliance.
[Forensics] comparison of lunacy act 1912 with mental health ordinanceMuhammad Ahmad
The Lunacy Act of 1912 used outdated, derogatory terms like "lunatic" and focused on detention of patients rather than treatment. The Mental Health Ordinance of 2001 updated terminology, definitions, procedures and protections to bring Pakistan closer to international standards. Key improvements included limiting involuntary detention to 72 hours, requiring psychiatric evaluation, establishing an oversight body, strengthening human rights protections, and increasing community and psychiatric involvement in treatment. However, more reforms are still needed to fully uphold the rights of the mentally ill according to international declarations.
The Mental Healthcare Act regulates admission to psychiatric facilities and protects the rights of mentally ill individuals. It established authorities to oversee mental health services. Key aspects include requiring licenses for facilities, processes for voluntary or involuntary admission, temporary admission orders from magistrates, discharge procedures, oversight of living conditions and treatment of patients, and penalties for noncompliance. The Act updated outdated terminology and aims to deinstitutionalize care.
This document discusses the Mental Health Act of 1987 and the Mental Health Care Act of 2017 in India. It provides an overview of the objectives and chapters of each act. The Mental Health Act of 1987 established central and state mental health authorities to license and supervise psychiatric hospitals and nursing homes, and provide oversight of facilities. The Mental Health Care Act of 2017 defines mental illness and provides for the rights of those with mental illness, including advance directives and nominated representatives.
The person are now seen as mentally ill persons who requires care and protection. The Act also takes care of mentally ill person who are wandering aimlessly.
The Mental Health Act of 1987 was drafted by the Indian parliament to replace the outdated Indian Lunacy Act of 1912 and consolidate laws around the treatment of mentally ill people. Some key objectives of the Act include establishing authorities to license and supervise psychiatric facilities, regulating admission and discharge procedures, safeguarding patient rights, and providing legal aid for indigent patients. The Act has 10 chapters covering topics like definitions, establishment of mental health authorities, admission and detention procedures, judicial procedures for managing property of patients, maintenance costs, protection of patient rights, and penalties for non-compliance.
The Mental Health Act of 1987 replaced the previous Indian Lunacy Act of 1912. Some key points of the Mental Health Act include:
- It established central and state mental health authorities to regulate and coordinate mental health services.
- It provided guidelines for establishing and licensing psychiatric hospitals and nursing homes.
- It outlined procedures for voluntary admission, involuntary admission via a reception order from a magistrate, and discharging patients.
- It addressed the inspection of facilities, leaves of absence, and transferring patients.
- It covered judicial inquiries regarding mentally ill individuals with property and appointing guardians to manage their affairs.
- It discussed who bears the cost of maintaining patients and protecting the human rights of mentally
The Mental Healthcare Act 2017 aims to decriminalize suicide, empower persons with mental illness, and fulfill India's obligations under the UN Convention on Rights of Persons with Disabilities. It recognizes the autonomy of people with mental illness and aims to protect their rights. Key aspects include advancing community-based mental healthcare, restricting the use of ECT, outlining the roles of various authorities and oversight boards, and regulating admission, treatment and discharge processes to safeguard patient rights and dignity. The Act replaces the Mental Health Act of 1987 and contains expanded provisions to promote inclusion, non-discrimination, and delivery of equitable mental health services across India.
The document provides an overview of mental health laws and acts in India, beginning with the Lunatic Removal Act of 1851 and continuing through to the present-day Mental Healthcare Act of 2017. It discusses how early laws focused on custodial care and neglected human rights, leading to reforms with the Mental Health Act of 1987 and eventual passage of the Mental Healthcare Act of 2017. The 2017 Act aims to balance consumer rights with the need for treatment, recognize family/carer roles, and enable voluntary and involuntary treatment according to legal procedures. Key aspects covered include definitions of mental healthcare professionals, establishments, informed consent, and provisions for assessment, admission, and review related to involuntary treatment.
The document discusses mental health laws and policies in Malaysia. It provides an overview of objectives of mental health laws, China's special psychiatric hospitals called "Ankang" which classify patients into three categories, and definitions of "political maniacs" and cases of political dissidents held in psychiatric facilities. It also summarizes Malaysia's Mental Disorders Ordinance from 1952 and the new Mental Health Act from 2001, outlining admission procedures, criteria for involuntary commitment, deficiencies of the older law, and rights of patients under the new act.
The Mental Health Act of 1987 in India consolidated and amended laws relating to the treatment of mentally ill persons. Some key points:
- It established central and state mental health authorities to regulate psychiatric hospitals and services.
- Hospitals require licenses from these authorities. Admission can be voluntary, under special circumstances, or by court order.
- The Act protects patients' rights and outlines procedures for admission, discharge, leaves of absence, and moving patients.
- It addresses maintenance of patients, management of property, and penalties for non-compliance with the Act's guidelines.
This document provides an overview and summary of Virginia's public behavioral health system challenges and opportunities presented by James M. Martinez Jr., Director of the Office of Mental Health Services at DBHDS, to the Virginia Rural Health Association on December 11, 2014. The presentation discusses the current environment of behavioral health reform in Virginia, new laws affecting behavioral healthcare in the state, and DBHDS's vision, mission and transformation process. Key points include the drivers of recent reforms, current demand and utilization of services, new laws on emergency custody, temporary detention facilities, and the psychiatric bed registry.
What You Will Learn • Long-term care is heavily regulated because.docxeubanksnefen
What You Will Learn • Long-term care is heavily regulated because the government is a major payer and the recipients of services are among the most vulnerable. • The Nursing Home Reform Act continues to play a major role in regulatory oversight by enforcing substantial compliance with the Requirements of Participation through the survey and enforcement process. • Interpretive Guidelines clarify and explain each standard in detail. Although the guidelines provide directions to personnel conducting surveys, they also assist nursing home personnel in understanding what practices they must implement to comply with each standard. • The traditional survey is being phased out and replaced with the computer-based Quality Indicator Survey. • The seriousness of each deficiency is indicated by its severity and scope. Remedies, such as civil monetary penalties, are based on the seriousness of the deficiencies. • An acceptable plan of correction must address five elements for each deficiency cited. • Compliance with the Requirements of Participation incorporates compliance with the Life Safety Code®. Administrators must become thoroughly familiar with the Requirements of Participation and the main requirements of the Life Safety Code®. • Nursing homes are required to comply with the accessibility standards for the disabled under the Americans with Disabilities Act. • Under the Occupational Safety and Health Act of 1970, OSHA is responsible for ensuring the safety and health of nursing home employees. Nursing homes are legally required to comply with OSHA standards and recordkeeping rules. Introduction The health care sector has been the object of numerous regulations, for two main reasons: (1) The government is a major payer for individuals receiving health care services under Medicare, Medicaid, and other public programs. By committing a significant amount of tax dollars to the delivery of health care, the government retains a vested interest in how the money is spent by private organizations that deliver health care. (2) Health care in general, and long-term care in particular, provide services to the frailest and most vulnerable individuals in society. Many of them are physically and/or mentally incapacitated and have no one else to act on their behalf. The regulatory system is deemed obligated to protect vulnerable populations against negligence and abuse, to ensure that they receive needed services for which they are eligible, and to ensure that the services provided meet at least certain defined minimum standards of quality. Administrative agencies have the power to enforce the rules and regulations that they formulate. The most important federal agency regulating nursing facilities certified as skilled nursing facilities (SNF) or nursing facilities (NF) is the Centers for Medicare and Medicaid Services (CMS), an administrative agency under the U.S. Department of Health and Human Services (DHHS). The U.S. Department of Justice enforces comp.
The Mental Healthcare Act was drafted in 1987 and implemented in 1993 to replace outdated mental health legislation and establish standards for the humane treatment of mentally ill individuals. It aims to consolidate laws around treatment, management, and protection of mentally ill persons. Key provisions include establishing central and state mental health authorities, licensing of psychiatric facilities, procedures for admission and discharge, and protections for patients' rights and welfare. It also defines terms and outlines offenses and penalties.
The Mental Health Act of 1987 was introduced to replace the outdated Indian Lunacy Act of 1912 and protect the rights of mentally ill individuals. The Act established central and state authorities to regulate mental health services. It outlines procedures for admission, detention, discharge and legal protection of mentally ill persons in psychiatric facilities. The Act aims to change societal attitudes towards mental illness and ensure mentally ill individuals receive treatment like other sick patients without stigma. It was later replaced by the Mental Healthcare Bill of 2013 to further strengthen legal safeguards and align with advancements in medical science.
This document provides an overview and critical review of India's Mental Health Act of 1987. It discusses the history and objectives of mental health legislation in India. The positives of the 1987 Act include more humane terminology and provisions for patient rights and property management. However, it is still criticized for prioritizing legal over medical considerations and not removing the criminal element for involuntary patients. The 10 chapters of the Act are also analyzed, identifying inadequacies around definitions, oversight, and emphasis on hospitalization over community care. Improvements are suggested regarding admission criteria and independent review of involuntary treatment.
This document provides an overview of the Mental Health Act of 1987 in India. Some key points:
- The Act was passed in 1987 and came into effect in 1993, replacing previous legislation from 1912 and 1858.
- It established central and state mental health authorities to regulate and oversee psychiatric facilities and services.
- The Act covers procedures for licensing psychiatric hospitals and nursing homes, voluntary and involuntary admission of patients, reception orders for long-term detention, rights of detained individuals, and legal oversight of facilities.
- Its goals were to improve standards of care for the mentally ill, protect their rights and safety, and modernize outdated terminology from previous laws. It aims to balance treatment and protection of both patients
The Mental Health Act of 1987 establishes regulations for admission and treatment of mentally ill persons in India. It aims to protect the rights of the mentally ill and society. Key aspects include voluntary and involuntary admission procedures, discharge criteria, establishment of authorities to oversee mental health services, and protections for the human rights and property of mentally ill persons under treatment. The Act replaced the older Lunacy Act and has 10 chapters covering definitions, admission and discharge processes, treatment, maintenance costs, and penalties.
The document discusses legal issues in mental health nursing in India. It provides an overview of the Mental Health Act of 1987 and the Mental Health Care Bill of 2013, including their objectives, key features, and rights of mentally ill patients. It also explains the roles and legal responsibilities of nurses in admission and discharge procedures, including issues of consent, confidentiality, and record keeping. The legal responsibilities of mentally ill patients regarding civil and criminal matters are also outlined.
This document summarizes the Mental Health Care Act of South Africa, which aims to provide care, treatment and rehabilitation for mentally ill persons. It outlines the objectives of the act, advantages, definitions, rights of mental health care users, and principles of care. It describes procedures for voluntary, assisted and involuntary admission, as well as 72-hour assessments and appeals processes. Key points include integrating mental health into overall healthcare, treating patients nearer home, preventing premature discharges, and reducing stigma.
The document discusses the history and provisions of mental health laws in India. It notes that the Indian Lunacy Act was passed in 1912 to regulate the admission and care of mentally ill individuals in asylums, as no comprehensive law previously existed. This act was replaced by the Mental Health Act of 1987, which introduced updated definitions and emphasized the human rights and dignity of mentally ill persons. The 1987 Act established authorities to regulate facilities, outlined licensing and admission procedures, involuntary commitment provisions, and guidelines for discharge and protection of rights.
The Indian Mental Health Act of 1987 aims to regulate psychiatric hospitals and provide proper treatment and care for mentally ill persons. It establishes central and state authorities to oversee mental health services. The Act allows government to establish psychiatric hospitals and nursing homes. It requires licenses for facilities and outlines conditions for granting, renewing, and revoking licenses. The Act also covers admission procedures, discharge of patients, protection of patient rights, and penalties for non-compliance.
[Forensics] comparison of lunacy act 1912 with mental health ordinanceMuhammad Ahmad
The Lunacy Act of 1912 used outdated, derogatory terms like "lunatic" and focused on detention of patients rather than treatment. The Mental Health Ordinance of 2001 updated terminology, definitions, procedures and protections to bring Pakistan closer to international standards. Key improvements included limiting involuntary detention to 72 hours, requiring psychiatric evaluation, establishing an oversight body, strengthening human rights protections, and increasing community and psychiatric involvement in treatment. However, more reforms are still needed to fully uphold the rights of the mentally ill according to international declarations.
The Mental Healthcare Act regulates admission to psychiatric facilities and protects the rights of mentally ill individuals. It established authorities to oversee mental health services. Key aspects include requiring licenses for facilities, processes for voluntary or involuntary admission, temporary admission orders from magistrates, discharge procedures, oversight of living conditions and treatment of patients, and penalties for noncompliance. The Act updated outdated terminology and aims to deinstitutionalize care.
This document discusses the Mental Health Act of 1987 and the Mental Health Care Act of 2017 in India. It provides an overview of the objectives and chapters of each act. The Mental Health Act of 1987 established central and state mental health authorities to license and supervise psychiatric hospitals and nursing homes, and provide oversight of facilities. The Mental Health Care Act of 2017 defines mental illness and provides for the rights of those with mental illness, including advance directives and nominated representatives.
The person are now seen as mentally ill persons who requires care and protection. The Act also takes care of mentally ill person who are wandering aimlessly.
The Mental Health Act of 1987 was drafted by the Indian parliament to replace the outdated Indian Lunacy Act of 1912 and consolidate laws around the treatment of mentally ill people. Some key objectives of the Act include establishing authorities to license and supervise psychiatric facilities, regulating admission and discharge procedures, safeguarding patient rights, and providing legal aid for indigent patients. The Act has 10 chapters covering topics like definitions, establishment of mental health authorities, admission and detention procedures, judicial procedures for managing property of patients, maintenance costs, protection of patient rights, and penalties for non-compliance.
The Mental Health Act of 1987 replaced the previous Indian Lunacy Act of 1912. Some key points of the Mental Health Act include:
- It established central and state mental health authorities to regulate and coordinate mental health services.
- It provided guidelines for establishing and licensing psychiatric hospitals and nursing homes.
- It outlined procedures for voluntary admission, involuntary admission via a reception order from a magistrate, and discharging patients.
- It addressed the inspection of facilities, leaves of absence, and transferring patients.
- It covered judicial inquiries regarding mentally ill individuals with property and appointing guardians to manage their affairs.
- It discussed who bears the cost of maintaining patients and protecting the human rights of mentally
The Mental Healthcare Act 2017 aims to decriminalize suicide, empower persons with mental illness, and fulfill India's obligations under the UN Convention on Rights of Persons with Disabilities. It recognizes the autonomy of people with mental illness and aims to protect their rights. Key aspects include advancing community-based mental healthcare, restricting the use of ECT, outlining the roles of various authorities and oversight boards, and regulating admission, treatment and discharge processes to safeguard patient rights and dignity. The Act replaces the Mental Health Act of 1987 and contains expanded provisions to promote inclusion, non-discrimination, and delivery of equitable mental health services across India.
The document provides an overview of mental health laws and acts in India, beginning with the Lunatic Removal Act of 1851 and continuing through to the present-day Mental Healthcare Act of 2017. It discusses how early laws focused on custodial care and neglected human rights, leading to reforms with the Mental Health Act of 1987 and eventual passage of the Mental Healthcare Act of 2017. The 2017 Act aims to balance consumer rights with the need for treatment, recognize family/carer roles, and enable voluntary and involuntary treatment according to legal procedures. Key aspects covered include definitions of mental healthcare professionals, establishments, informed consent, and provisions for assessment, admission, and review related to involuntary treatment.
The document discusses mental health laws and policies in Malaysia. It provides an overview of objectives of mental health laws, China's special psychiatric hospitals called "Ankang" which classify patients into three categories, and definitions of "political maniacs" and cases of political dissidents held in psychiatric facilities. It also summarizes Malaysia's Mental Disorders Ordinance from 1952 and the new Mental Health Act from 2001, outlining admission procedures, criteria for involuntary commitment, deficiencies of the older law, and rights of patients under the new act.
The Mental Health Act of 1987 in India consolidated and amended laws relating to the treatment of mentally ill persons. Some key points:
- It established central and state mental health authorities to regulate psychiatric hospitals and services.
- Hospitals require licenses from these authorities. Admission can be voluntary, under special circumstances, or by court order.
- The Act protects patients' rights and outlines procedures for admission, discharge, leaves of absence, and moving patients.
- It addresses maintenance of patients, management of property, and penalties for non-compliance with the Act's guidelines.
This document provides an overview and summary of Virginia's public behavioral health system challenges and opportunities presented by James M. Martinez Jr., Director of the Office of Mental Health Services at DBHDS, to the Virginia Rural Health Association on December 11, 2014. The presentation discusses the current environment of behavioral health reform in Virginia, new laws affecting behavioral healthcare in the state, and DBHDS's vision, mission and transformation process. Key points include the drivers of recent reforms, current demand and utilization of services, new laws on emergency custody, temporary detention facilities, and the psychiatric bed registry.
What You Will Learn • Long-term care is heavily regulated because.docxeubanksnefen
What You Will Learn • Long-term care is heavily regulated because the government is a major payer and the recipients of services are among the most vulnerable. • The Nursing Home Reform Act continues to play a major role in regulatory oversight by enforcing substantial compliance with the Requirements of Participation through the survey and enforcement process. • Interpretive Guidelines clarify and explain each standard in detail. Although the guidelines provide directions to personnel conducting surveys, they also assist nursing home personnel in understanding what practices they must implement to comply with each standard. • The traditional survey is being phased out and replaced with the computer-based Quality Indicator Survey. • The seriousness of each deficiency is indicated by its severity and scope. Remedies, such as civil monetary penalties, are based on the seriousness of the deficiencies. • An acceptable plan of correction must address five elements for each deficiency cited. • Compliance with the Requirements of Participation incorporates compliance with the Life Safety Code®. Administrators must become thoroughly familiar with the Requirements of Participation and the main requirements of the Life Safety Code®. • Nursing homes are required to comply with the accessibility standards for the disabled under the Americans with Disabilities Act. • Under the Occupational Safety and Health Act of 1970, OSHA is responsible for ensuring the safety and health of nursing home employees. Nursing homes are legally required to comply with OSHA standards and recordkeeping rules. Introduction The health care sector has been the object of numerous regulations, for two main reasons: (1) The government is a major payer for individuals receiving health care services under Medicare, Medicaid, and other public programs. By committing a significant amount of tax dollars to the delivery of health care, the government retains a vested interest in how the money is spent by private organizations that deliver health care. (2) Health care in general, and long-term care in particular, provide services to the frailest and most vulnerable individuals in society. Many of them are physically and/or mentally incapacitated and have no one else to act on their behalf. The regulatory system is deemed obligated to protect vulnerable populations against negligence and abuse, to ensure that they receive needed services for which they are eligible, and to ensure that the services provided meet at least certain defined minimum standards of quality. Administrative agencies have the power to enforce the rules and regulations that they formulate. The most important federal agency regulating nursing facilities certified as skilled nursing facilities (SNF) or nursing facilities (NF) is the Centers for Medicare and Medicaid Services (CMS), an administrative agency under the U.S. Department of Health and Human Services (DHHS). The U.S. Department of Justice enforces comp.
Consumer protection act in Medical ProfessionHar Jindal
This document provides an overview of the Consumer Protection Act in relation to the medical profession in India. It discusses the rights of consumers under the act, where consumers can file complaints against doctors or hospitals, key definitions, and the laws that govern medical liability. It explains that the 1986 Consumer Protection Act established a 3-tier system for filing complaints - at the district, state, and national levels - depending on the value of the claim. It also outlines who can be held liable under the act, the process for adjudicating complaints, provisions for appeal, and the timelines for resolving complaints and appeals.
The Mental Health Act was enacted in 1987 to replace the outdated Indian Lunacy Act of 1912 and consolidate laws around the treatment of mentally ill persons. It aims to regulate admission to psychiatric facilities, protect patients' rights and society, and establish authorities to oversee mental health services. Key aspects include procedures for voluntary admission, admission under temporary treatment orders or reception orders, and discharge. It also covers management of patient property, liability for maintenance costs, and protections for human rights and participation in research. Overall, the Act aims to reduce stigma, incorporate modern scientific knowledge, and safeguard the rights and welfare of mentally ill individuals under treatment.
The clinical establishments (registration and regulation) act 2010 and rules...Dr. Priyanka Srivastava
1. The document discusses the need for regulation of healthcare services in India, as the private healthcare sector remains largely unregulated.
2. It outlines the key aspects of the Clinical Establishments (Registration and Regulation) Act, 2010, which aims to set minimum standards for facilities and services in clinical establishments across India.
3. The Act provides for registration of clinical establishments with state and district authorities, compliance with standards, transparency of charges, and penalties for non-compliance. It is aimed at improving public health outcomes.
The document summarizes the history and provisions of the Indian Mental Health Act of 1987. It discusses:
- The act replaced previous laws from 1858 and 1912 and consolidated treatment of the mentally ill.
- It established new terminology to replace outdated terms like "lunatic" and regulated admission, discharge, and rights of the mentally ill in psychiatric facilities.
- The act is divided into chapters addressing establishment of authorities, procedures for voluntary and involuntary admission, temporary treatment orders, discharge processes, and leave of absence for patients. It aims to protect rights of the mentally ill and safety of society.
The webinar discusses key regulations governing hospitals, including state licensing requirements and federal Conditions of Participation. It also summarizes laws protecting patient rights such as EMTALA, which requires hospitals to provide medical screening exams and stabilize emergency patients regardless of ability to pay. The Idaho Patient Act and No Surprises Act were also overviewed, establishing billing and collections procedures and prohibiting certain out-of-network charges without consent.
The document provides an overview of the Deprivation of Liberty Safeguards (DoLS) in England and Wales. It discusses key points including:
- What constitutes a deprivation of liberty based on a 2014 Supreme Court ruling which clarified the definition.
- The process for authorizing a potential deprivation of liberty, including assessments of the person's best interests.
- The roles and responsibilities of those involved in the authorization process, such as the Relevant Person's Representative.
- Options for challenging an unauthorized or authorized deprivation of liberty.
This document discusses the legal and ethical aspects of nursing practice in the Philippines. It begins by defining key concepts in law including civil law, criminal law, and negligence. It then discusses a nurse's duty, accountability, and potential liabilities. The document provides an example of nursing negligence and analyzes it using the four elements of negligence. It also discusses informed consent and situations where consent is not required. The document concludes by addressing nursing students' liabilities, malpractice, and the appropriate and inappropriate use of social media by nurses.
The Care Act establishes new rights and responsibilities regarding adult social care in England. It creates consistent entitlements to public support for both those with care needs and carers. Key changes include new duties around promoting well-being, personal budgets, information and advice, eligibility, needs assessments, safeguarding, and support for carers. The Act also reforms how people pay for care through a new £72,000 cap on care costs.
Medical Termination of Pregnancy (MTP) Act,1971
Reasons for Abortion
Unwanted sex
Sexual violence
Unwanted pregnancy
Objectives
Aims to improve the maternal health scenario by preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity
Legalizes abortion services
Promotes access to safe abortion services to womenn
Offers protection to medical practitioners who otherwise would be penalized under the India Penall Code (sections 315-316)
Legal framework
MTP Act
Lays down when & where pregnancies can be terminated
Grants the central govt. power to make rules and the state govt. power to frame regulations
MTP Rules
Lays down who can terminate the pregnancy, training requirementss, approval process for place, etc.
MTP Regulations
Lays down forms for opinion, maintenance of records
Custody of forms and reporting of cases
Legal abortions
Termination done by a medical practitioner approvedd by the Act
Termination done at a place approved under the Act
Termination done for conditions and within the gestation prescribed by the Act
Other requirements of the rules & regulations are complied
Application
Risk to the life or grave injury to the physical or mental health of woman
Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped
Pregnancy caused by rape (presumed grave injury to mental health)
Contraceptive failure in married couple presumed grave injury to mental health
This document discusses the concepts of informed consent and refusal of treatment. It outlines that patients have the right to refuse treatment as long as it is an informed refusal. For consent or refusal to be valid, the patient must be competent and the decision must be voluntary. The nurse's role is to ensure the patient understands the risks of refusing treatment through education. If refusal is documented, the record must show the teaching provided and that the patient understood risks but still refused.
Mental Health Tribunal Powers: Final Report on Part V of Mental Health Act 1983Anselm Eldergill
This is the final report of the Tribunal, Hospital Managers and Safeguards Working Group on the Reform of Part V of the Mental Health Act 1983 (which deals with a Mental Health Tribunal's powers). I chaired the Working Group, which formed part of the Independent Review of the Mental Health Act Tribunal chaired by Sir Simon Wesseley. Some of our recommendations were accepted and found their way into the final report of the Independent Review; others did not. Perhaps the main disappointments were that two fairly straightforward recommendations were not incorporated in the report: that the tribunal's discretionary power of discharge should be restored to what was intended by Parliament, and that tribunals dealing with a restricted case should be obliged to discharge the restrictions if they are no longer necessary to protect the public from serious harm.
The document discusses issues and suggestions regarding India's draft Charter of Patients' Rights. It provides clarification questions and comments on 10 rights outlined in the charter, including the rights to information, medical records, emergency care, informed consent, confidentiality, non-discrimination, safety standards, choice of treatment sources, discharge from the hospital, and other points. The document emphasizes making rights definitions clearer, addressing complex healthcare scenarios, and balancing patient and hospital responsibilities.
The document discusses proposed guidelines for patients' rights in India as drafted by the National Human Rights Commission. It provides commentary and suggestions for clarifying and strengthening several aspects of the draft guidelines. Key points addressed include clarifying informed consent procedures for those unable to consent, defining basic emergency care, timelines for access to medical records, and ensuring non-discrimination on various grounds including economic status. Fulfilling patients' rights in hospitals is complex due to various scenarios, so the document aims to simplify rights and provide guidance for healthcare providers.
The document discusses a draft "Charter of Patients' Rights" published by the Ministry of Health and Family Welfare in India. It provides feedback and suggestions to clarify and strengthen several rights outlined in the charter, including the right to information, access to medical records, emergency care, informed consent, confidentiality, non-discrimination, safety standards, choice of treatment sources, and discharge from the hospital. The feedback addresses how to fulfill patients' rights for those incapable of consent, situations requiring urgent care without consent, and other complex healthcare scenarios. Clarifying the charter aims to better protect patients' rights while accounting for practical realities in healthcare.
Robin Murray commentary during the SRF webinar "Is Schizophrenia Dead Yet?"wef
Schizophrenia is not a single disease but rather two different syndromes according to the DSM-5 and ICD-10 diagnostic criteria, with only 70% of patients meeting criteria for both. This raises questions about what to call patients who meet one but not the other and how useful the term "schizophrenia" is given the lack of biological markers and different interpretations by psychiatrists. Looking at dimensions of psychosis symptoms, predominant causes, and severity/persistence may provide more helpful information to patients and their outcomes than the term schizophrenia.
Eske Derks commentary - SRF webinar "Is Schizophrenia Dead Yet?"wef
Schizophrenia patients are qualitatively different from their healthy siblings and controls based on genetic studies. While there is some genetic overlap between schizophrenia, psychosis, and general mental health risk, distinct genetic factors for schizophrenia have also been found. Specifically, over 200 genetic risk factors for schizophrenia have been identified. Based on these genetic findings, the presenter concludes that schizophrenia is not simply an extreme on a normal distribution of traits and replacing it with a psychosis spectrum disorder would be premature.
Jim van Os presentation during SRF live webinar "Is Schizophrenia Dead Yet?"wef
This document discusses the debate around schizophrenia diagnoses and proposes an alternative psychosis spectrum syndrome approach. It summarizes that the debate is about clinical diagnosis, not research criteria. It also notes that around 3.5% of people experience some form of psychosis, but the current system publishes overwhelmingly on only one category, schizophrenia. The document advocates for recognizing a spectrum approach and dimensional personal diagnoses within a categorical psychosis spectrum to better reflect individuals' experiences and needs.
Rene Kahn commentary during SRF Live Webinar: "Is Schizophrenia Dead Yet?wef
Schizophrenia and bipolar disorder are distinct conditions with little genetic overlap and different risk factors. Schizophrenia is primarily a cognitive disorder, not defined by psychosis, as cognitive decline precedes psychotic episodes. While some wish to deny the poor prognosis of schizophrenia, studies show the disorder leads to reduced life expectancy, high suicide and unemployment rates, and long-term functional impairment for most patients.
NIMH i PSC Assays for the Drug Pipeline - Panchisionwef
Dr David Panchision's live presentation at the Schizophrenia Research Forum's live webinar of June 28, 2017 - http://www.schizophreniaforum.org/forums/webinar-modeling-neuropsychiatric-disorders-using-vitro-models
Schizophrenia Research Forum Live Webinar - June 28, 2017 - Rusty Gage wef
1) The document describes a study using induced pluripotent stem cells (iPSCs) derived from bipolar disorder (BD) patients to model the disease in vitro.
2) Hippocampal dentate gyrus-like neurons were differentiated from iPSCs and showed hyper-excitability at both the molecular and functional levels in BD-derived neurons.
3) Treatment with lithium rescued the hyper-excitability phenotype in neurons derived from lithium-responsive BD patients but not lithium non-responsive patients, suggesting patient-specific responses.
SCHIZOPHRENIA RESEARCH FORUM - LIVE WEBINAR June 2017 Kristen Brennandwef
Kristen Brennand presentation at the live webinar of June 28, 2017 hosted by the Schizophrenia Research Forum (http://www.schizophreniaforum.org/forums/webinar-modeling-neuropsychiatric-disorders-using-vitro-models)
STRATEGIES FOR COMMUNICATION AND SENSITIVITY FOR PERSONS EXPERIENCING DEMENTI...wef
This document summarizes a workshop on strategies for communicating with persons experiencing dementia. It discusses how communication is impacted at different stages of dementia from early to late stage. In early stage, word retrieval becomes difficult. In middle stage, language abilities further decline making conversation challenging. In late stage, communication is limited but sensory stimulation through touch, sound, and smell can still connect a person. The workshop provides guidance on adapting approaches to best communicate with someone based on their stage of dementia.
Translating from Animal Models to Human Schizophrenia - Insights into Pathoph...wef
Presentation made by Dr. Tony Grace at the Schizophrenia Research Forum's live webinar of May 4, 2017 - Dopamine in Schizophrenia—Cortical and Subcortical Pathophysiology - review recording of session at http://www.schizophreniaforum.org/forums/dopamine-schizophrenia%E2%80%94cortical-and-subcortical-pathophysiology
Presentation made by Dr. Oliver Howes at the Schizophrenia Research Forum's live webinar of May 4, 2017 - Dopamine in Schizophrenia—Cortical and Subcortical Pathophysiology - review recording of session at http://www.schizophreniaforum.org/forums/dopamine-schizophrenia%E2%80%94cortical-and-subcortical-pathophysiology
Topography and functional significance of the dopaminesgic dysfunction in sch...wef
Presentation made by Dr. Anissa Abi-Dargham at the Schizophrenia Research Forum's live webinar of May 4, 2017 - Dopamine in Schizophrenia—Cortical and Subcortical Pathophysiology - review recording of session at http://www.schizophreniaforum.org/forums/dopamine-schizophrenia%E2%80%94cortical-and-subcortical-pathophysiology
SRF Webinar - What It Will Take to Make Coordinated Specialty Care Available ...wef
Presentation made March 22, 2017, during the live webinar hosted by Schizophrenia Research Forum (SRF). Event recording and additional slides at http://www.schizophreniaforum.org/forums/achieving-effective-treatment-early-psychosis-united-states
SRF Webinar: Beyond DUP - Addressing Disengagement in Community-based Early I...wef
Presentation made March 22, 2017, during the live webinar hosted by Schizophrenia Research Forum (SRF). Event recording and additional slides at http://www.schizophreniaforum.org/forums/achieving-effective-treatment-early-psychosis-united-states
This document provides an overview of memory loss, dementia, and Alzheimer's disease. It defines key terms, describes symptoms at different stages of dementia, and discusses a person-centered approach to care. The main points are:
1) Dementia is not a specific disease but a general term for symptoms caused by various brain disorders, while Alzheimer's disease is the most common cause of progressive dementia.
2) Early stage dementia symptoms include memory loss, impaired judgment, and difficulty completing tasks, while middle and late stage symptoms involve greater impairment and dependence on others for care.
3) A person-centered approach focuses on maintaining an individual's dignity, independence, and identity through techniques like validation, respect, and personalized
Presentation made at the live webinar hosted by the Schizophrenia Research Forum on the 21st of February, 2017 - http://www.schizophreniaforum.org/forums/treatment-resistant-schizophrenia-new-guidelines-diagnosis-and-terminology
Oliver Howes - Treatment-Resistant Schizophrenia: New Guidelines on Diagnosis...wef
Presentation made at the live webinar hosted by the Schizophrenia Research Forum on the 21st of February, 2017 - http://www.schizophreniaforum.org/forums/treatment-resistant-schizophrenia-new-guidelines-diagnosis-and-terminology
John Kane - Treatment-Resistant Schizophrenia: New Guidelines on Diagnosis an...wef
Presentation made at the live webinar hosted by the Schizophrenia Research Forum on the 21st of February, 2017 - http://www.schizophreniaforum.org/forums/treatment-resistant-schizophrenia-new-guidelines-diagnosis-and-terminology
HEAR approach to behavior management Live webinar Feb 1 2017wef
Slides presented at the HEAR Approach to Behavior Management live webinar of February 1, 2017, featuring presentations from Dr. Andrew Heck and Carol Garby.
Does Over-Masturbation Contribute to Chronic Prostatitis.pptxwalterHu5
In some case, your chronic prostatitis may be related to over-masturbation. Generally, natural medicine Diuretic and Anti-inflammatory Pill can help mee get a cure.
Cell Therapy Expansion and Challenges in Autoimmune DiseaseHealth Advances
There is increasing confidence that cell therapies will soon play a role in the treatment of autoimmune disorders, but the extent of this impact remains to be seen. Early readouts on autologous CAR-Ts in lupus are encouraging, but manufacturing and cost limitations are likely to restrict access to highly refractory patients. Allogeneic CAR-Ts have the potential to broaden access to earlier lines of treatment due to their inherent cost benefits, however they will need to demonstrate comparable or improved efficacy to established modalities.
In addition to infrastructure and capacity constraints, CAR-Ts face a very different risk-benefit dynamic in autoimmune compared to oncology, highlighting the need for tolerable therapies with low adverse event risk. CAR-NK and Treg-based therapies are also being developed in certain autoimmune disorders and may demonstrate favorable safety profiles. Several novel non-cell therapies such as bispecific antibodies, nanobodies, and RNAi drugs, may also offer future alternative competitive solutions with variable value propositions.
Widespread adoption of cell therapies will not only require strong efficacy and safety data, but also adapted pricing and access strategies. At oncology-based price points, CAR-Ts are unlikely to achieve broad market access in autoimmune disorders, with eligible patient populations that are potentially orders of magnitude greater than the number of currently addressable cancer patients. Developers have made strides towards reducing cell therapy COGS while improving manufacturing efficiency, but payors will inevitably restrict access until more sustainable pricing is achieved.
Despite these headwinds, industry leaders and investors remain confident that cell therapies are poised to address significant unmet need in patients suffering from autoimmune disorders. However, the extent of this impact on the treatment landscape remains to be seen, as the industry rapidly approaches an inflection point.
Integrating Ayurveda into Parkinson’s Management: A Holistic ApproachAyurveda ForAll
Explore the benefits of combining Ayurveda with conventional Parkinson's treatments. Learn how a holistic approach can manage symptoms, enhance well-being, and balance body energies. Discover the steps to safely integrate Ayurvedic practices into your Parkinson’s care plan, including expert guidance on diet, herbal remedies, and lifestyle modifications.
Rasamanikya is a excellent preparation in the field of Rasashastra, it is used in various Kushtha Roga, Shwasa, Vicharchika, Bhagandara, Vatarakta, and Phiranga Roga. In this article Preparation& Comparative analytical profile for both Formulationon i.e Rasamanikya prepared by Kushmanda swarasa & Churnodhaka Shodita Haratala. The study aims to provide insights into the comparative efficacy and analytical aspects of these formulations for enhanced therapeutic outcomes.
Adhd Medication Shortage Uk - trinexpharmacy.comreignlana06
The UK is currently facing a Adhd Medication Shortage Uk, which has left many patients and their families grappling with uncertainty and frustration. ADHD, or Attention Deficit Hyperactivity Disorder, is a chronic condition that requires consistent medication to manage effectively. This shortage has highlighted the critical role these medications play in the daily lives of those affected by ADHD. Contact : +1 (747) 209 – 3649 E-mail : sales@trinexpharmacy.com
Osteoporosis - Definition , Evaluation and Management .pdfJim Jacob Roy
Osteoporosis is an increasing cause of morbidity among the elderly.
In this document , a brief outline of osteoporosis is given , including the risk factors of osteoporosis fractures , the indications for testing bone mineral density and the management of osteoporosis
Histololgy of Female Reproductive System.pptxAyeshaZaid1
Dive into an in-depth exploration of the histological structure of female reproductive system with this comprehensive lecture. Presented by Dr. Ayesha Irfan, Assistant Professor of Anatomy, this presentation covers the Gross anatomy and functional histology of the female reproductive organs. Ideal for students, educators, and anyone interested in medical science, this lecture provides clear explanations, detailed diagrams, and valuable insights into female reproductive system. Enhance your knowledge and understanding of this essential aspect of human biology.
- Video recording of this lecture in English language: https://youtu.be/kqbnxVAZs-0
- Video recording of this lecture in Arabic language: https://youtu.be/SINlygW1Mpc
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
- Link to NephroTube website: www.NephroTube.com
- Link to NephroTube social media accounts: https://nephrotube.blogspot.com/p/join-nephrotube-on-social-media.html
- Video recording of this lecture in English language: https://youtu.be/Pt1nA32sdHQ
- Video recording of this lecture in Arabic language: https://youtu.be/uFdc9F0rlP0
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
- Link to NephroTube website: www.NephroTube.com
- Link to NephroTube social media accounts: https://nephrotube.blogspot.com/p/join-nephrotube-on-social-media.html
Travel vaccination in Manchester offers comprehensive immunization services for individuals planning international trips. Expert healthcare providers administer vaccines tailored to your destination, ensuring you stay protected against various diseases. Conveniently located clinics and flexible appointment options make it easy to get the necessary shots before your journey. Stay healthy and travel with confidence by getting vaccinated in Manchester. Visit us: www.nxhealthcare.co.uk
1. 2014 VIRGINIA MENTAL HEALTH LAW CHANGES
AND
CASE STUDIES/NAVIGATING NEW ROUTES TO
IMPROVED MENTAL HEALTH CARE
FOR OLDER ADULTS
2. GOALS FOR WEBINAR
Part 1
Brief review
Background on
Virginia’s involuntary
admission process
Major changes for
2014 in Virginia law
governing involuntary
admissions
Part 2
Case Examples
Review selected
cases
Practice applying
clinical knowledge and
Virginia law
3. PART 1
2014 CHANGES IN VIRGINIA’S STATUTES
FOR
INVOLUNTARY ADMISSION
JAMES M. MARTINEZ, JR.
DIRECTOR, OFFICE OF MENTAL HEALTH SERVICES
VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
4. VIRGINIA AND OTHER STATES’ LAWS
This presentation [Part 1] includes material about Virginia’s
involuntary treatment process for people with mental illness,
which is based on Virginia law.
Individual states all have their own involuntary treatment
laws.
State laws in this area are rooted in the Constitution and
Supreme Court decisions. They share many similarities but
are rarely identical. Standards and procedures can also be
very different from state to state.
The situations discussed here are relevant anywhere, so it’s
important to know the laws of your state.
5. THE INVOLUNTARY ADMISSION PROCESS
• INVOLUNTARY ADMISSION IS THE CIVIL COURT PROCESS BY
WHICH A PETITION IS FILED TO INITIATE INVOLUNTARY
PSYCHIATRIC TREATMENT FOR A PERSON WHO NEEDS CARE BUT
WHO IS UNWILLING, OR INCAPABLE OF VOLUNTEERING FOR
TREATMENT (CODE OF VIRGINIA, §37.2-808, ET. SEQ)
• The petition is adjudicated by a judge or special justice at a formal court hearing.
• Due process protections are important, but balancing rights of individuals with
community interests and public safety can often be difficult. Treatment
resources are limited and controversies abound.
• Procedures seem simple, but effective implementation is a complex task under
best of circumstances.
6. *Operational procedures vary considerably by locality
VIRGINIA’S INVOLUNTARY ADMISSION PROCESS
Basic Steps*CSB Crisis
Contact
Court Hearing
on Petition
Emergency
Custody
Temporary
Detention
Release
or
Dismissal
Mandatory
Outpatient
Treatment
Voluntary
Inpatient
Involuntary
Inpatient
7. 2014 CHANGES IN VIRGINIA LAW
• Mental health legislation and studies were driven by
Sen. Deeds’ family experience
• Over 35 bills related to involuntary treatment
process filed by legislators
• The most significant changes were in the
emergency custody and temporary detention
procedures.
8. VIRGINIA’S INVOLUNTARY ADMISSION PROCESS
Most significant 2014 legislative changes
were in ECO and TDO process
CSB Crisis
Contact
Court Hearing
on Petition
Emergency
Custody
Temporary
Detention
Release
or
Dismissal
Mandatory
Outpatient
Treatment
Voluntary
Inpatient
Involuntary
Inpatient
9. Emergency custody
and temporary
detention
are not required for
every involuntary
admission
i.e.,
- ECO is not required for
temporary detention
- TDO is not required for
commitment hearing
BUT
Both procedures are
needed for due
process, practical and
clinical reasons:
• Emergency custody allows a
safe, in-person exam to
confirm clinical condition and
need for temporary detention
or possible involuntary
hospitalization.
• Temporary detention keeps
the person safe, enables
treatment to start, and allows
time to prepare for a fair court
hearing.
PURPOSE OF
EMERGENCY CUSTODY AND TEMPORARY DETENTION
10. EMERGENCY CUSTODY
SB260/HB478
ECO valid up to 8 hours
from time of execution
• 8-hour period applies to ECOs
issued by magistrate and
“paperless” ECOs (or “officer-
initiated” ECOs)
• Old law was 4 hours, with one
possible 2-hour extension
• No extension provision in new law
ECO must be executed
within
8 hours of issuance
(ECO becomes void if not executed)
• Old law was 6 hours
0 8 hrs
11. EMERGENCY CUSTODY
SB260/HB478
Law enforcement agency
that executes an ECO must
notify the CSB responsible
for conducting the
evaluation as soon as
practicable after taking the
person into custody
Notification requirement
applies to paper ECOs and
“paperless” ECOs
The person taken into
emergency custody must be
given a written summary of
the emergency custody
procedures and the statutory
protections associated with
those procedures
Written summary will be
available from the courts for
law officers (and others) to
print and hand out.
12. DETERMINING TEMPORARY DETENTION FACILITY
SB260/HB293
Upon receiving notification of
the need for an evaluation, the
CSB must contact the primary
state facility and notify the
facility that the individual will be
transported to that facility upon
the issuance of a TDO if an
alternative facility cannot be
identified by the expiration of
the 8 hour emergency custody
period
Upon completion of the
evaluation, CSB must provide
information about the individual
to the state facility to help the
state facility determine the
services the individual will need
if admitted.
Once notified, the state facility
may search for an alternative
facility
State facility may contact
another state facility if it is
unable to provide temporary
detention and appropriate care
If state facility finds an
alternative facility, it shall notify
the CSB and the CSB shall
designate the alternative facility
on the preadmission screening
report
A state facility shall not fail or
refuse to admit an individual
who meets the criteria for a
TDO unless an alternative
facility agrees to accept the
individual
An individual who meets the
criteria for a TDO shall not be
released
If a facility of temporary
detention cannot be identified
by the expiration of the 8-hour
emergency custody period, the
individual shall be detained in
the state facility
State facility shall be indicated
on the TDO
13. CHANGE OF TEMPORARY DETENTION FACILITY
HB 1172
CSB may change the facility of
temporary detention and designate
an alternative facility at any point
during the period of temporary
detention
• CSB must determine that the
alternative facility is a more
appropriate facility given the specific
security, medical, or behavioral needs
of the person
• CSB must provide notice to the clerk
of the court of the name and address
of the alternative facility
If temporary detention facility
is changed, then transportation is
provided in accordance with
§ 37.2-810
• If law enforcement or an alternative
transportation provider has custody of
the person when the change is made,
individual shall be transported to
alternative facility
• If individual has already been
transported to initial TDO facility, CSB
shall request an order from the
magistrate specifying an alternative
transportation provider or (if no
alternative provider is available), the
local law enforcement agency where
the person resides or is located, if 50-
mile rule is applicable
14. TEMPORARY DETENTION
S260/HB478
• The person detained shall
be given a written
summary of the temporary
detention procedures and
the statutory protections
associated with those
procedures
• Written summary will be
on back of temporary
detention order
SB260/HB574
• Commitment hearing shall
be held within 72 hours of
execution of the TDO. [If
72-hour period ends on a
Saturday, Sunday, legal
holiday, or day on which
the court is lawfully
closed, person may be
detained until COB on the
next business day when
the court is open]
• Old law was 48 hours
maximum before hearing
15. IMPLICATIONS OF ECO AND TDO LAW CHANGES
TO SYSTEM
• No individual will be released from emergency custody who
needs involuntary treatment
• State hospitals will be the “facility of last resort”, and cannot
refuse an admission when no other facility can be found
• Changes may alter decision–making paradigm of emergency
departments, community psych hospitals, community
services boards, law officers, and others when evaluating
risk and response to individuals experiencing mental health
crises
• State hospital capacity likely to be stretched or strained
16. IMPLICATIONS OF ECO AND TDO LAW CHANGES
TO PRACTICE
• Effective utilization of limited state hospital resources will be
important (managing the front-door and the back door).
• Minimize use of involuntary or judicial intervention whenever
possible. Use advance planning strategies (e.g., advance
directives, WRAP) to help prevent and manage crises, and reduce
coercive care.
• Careful screening and assessment will be critically important,
especially medical screening and medical assessment.
• Good collaboration with safety net partners is essential to deliver
effective care for individuals and families. Build and sustain these
relationships actively.
• Be proactive is dealing with safety net “glitches.”
17. VIRGINIA PSYCHIATRIC BED REGISTRY
SB260/HB1232
DBHDS to develop and administer a web-based acute psychiatric
bed registry to show available acute beds in public and private
inpatient psychiatric facilities and residential crisis stabilization units,
Registry intended to help identify willing and available facilities for
temporary detention of individuals who meet the TDO criteria
Registry in operation as of March 3, 2014 (Legislation was effective
upon signing by Governor)
18. Bed registry
includes:
Descriptive information
about each inpatient
facility or crisis
stabilization unit
Contact information
Real-time information
about
Number of beds
curently available
Type of patients that
may be admitted
Level of security
provided
Other information to
help identify
appropriateness for
temporary detention
19. BED REGISTRY
Required facility
listings are:
• State facilities
• CSBs residential crisis
stabilization units
• Private inpatient
providers licensed by
DBHDS
Registry allows
searches by:
• CSBs
• Inpatient psychiatric
facilities
• Residential crisis
stabilization units
• Health care providers
working in an ER or
other facility rendering
emergency medical
care
20. CSB EVALUATORS – STUDY
SB261/HB1216
• DBHDS to review the required qualifications, training, and
oversight of individuals performing preadmission screening
evaluations
• Make recommendations for increasing qualifications,
training, and oversight
• Report findings to the Governor and General Assembly by
December 1, 2014