Mental Health Legislation

The Mental Capacity Act 2005 (MCA 2005) introduced a statutory framework for advance decision making in England and Wales building upon the common law recognition of advance decisions. Academics considered that a bias may operate against upholding advance decisions refusing life-sustaining treatment 1. It’s commonly felt that judges usually give decisions favouring preservation of life and making advance decisions invalid on various grounds. Recent case-law indicates that a high level of specificity is required for advance refusals of life-sustaining treatment and, in some capacity must be demonstrated at the time of making the decision. This essay will argue the legal back ground of the advance decisions and relevant case law. There are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be more helpful when it comes to the practice of law on ground 2.

The Community Mental Health Act of 1963, was the first federal law that inspired community-based mental health care, and it ignited the transformation of the public mental health system (Young Minds Advocacy, 2016). Other names of the Act are Mental Retardation and Community Mental Health Centers Construction Act of 1963. It was the beginning of the Deinstitutionalized movement in mental health treatment options for children, youth, and adults (National Council for Behavioral Health (NCBH), 2015). States received money from grants, from the Community Mental Health Act for the construction of these mental health centers. Initially, the intention of the grant program was to provide 1500 mental health centers nationally (Young Minds

The Mental Health Services Act is a monumental proposition that has helped many people for more than a decade. In California alone, close to 1.2 million adults and around 422,000 children live with a serious mental illness (State 2010). Without the proper treatment, suicide is the leading cause of death for a person battling an untreated mental illness (State 2010). With over thirteen billion dollars raised so far, MHSA has been the root of funding for mental health in California (Williams 2015). MHSA is still a work in progress. The act is nowhere near perfect, as a recent audit has shown, but it is certainly a step in the right direction.

They had gotten to be too extensive, cumbersome and the framework had opened itself up to manhandle. In 1961 the Minister of Health, Enoch Powell was welcome to talk at the AGM of the National Association for Mental Health. In his discourse he reported that it the administration of the day proposed to "the disposal of by a long shot most of the nation's mental clinics." in the meantime, territorial loads up were requested that "guarantee that no more cash than should be expected is spent on redesigning and reconditioning". This declaration had paralyzed the therapeutic callings, as there had been no sign that the legislature was going to travel in this heading; just a modest bunch of trial group care programs existed around the nation. It would

The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010)

Decision making and best interests of the patient in the care for people with mental health problems are one of the main concerns in nursing practice. Healthcare professionals should be knowledgeable enough to practice the legal code regarding decision making and protection of the patient with mental health problems (NMC, 2008).

Most people with mental illness can and do seek out treatment for their condition. The Mental Health Act is concerned with the small number of persons who cannot or who do not seek out treatment.

This essay will discuss issues that nurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement

In the course of proper identification, evaluation, and treatment, children and adolescents suffering with mental illness can conduct positive, normal lives. Nevertheless, the devastating majority of children with mental illnesses are unsuccessfully identified and the lack of treatment or support services have led to a subordinate worth of life and violence. The Mental Health Awareness and Improvement Act of 2013 (S. 689) is an inclusive bill proposed to address the extensive issue of mental health. By strongly considering the United States’ struggle against mental illness and school violence, as well as utilizing theoretical constructs to examine the Senate’s bill, a social worker can develop a more holistic perspective that can productively integrate practical insights reached from a variety of different points of view.

Policy analysis of mental health care under the ACA as well as description of how mental health care/service are organized under the ACA from federal to local levels.

In constructing their solutions, the CSX (like most social movments) have taken a prognostic and motivation approach. First, the rise of coalitions between consumers and other allies has allowed for more brain power and different options, which has lead to changes in policies and creation of programs that allow for better living conditions and treatment of mental health consumers. Second, research has indicated that empowering indivudals has had a positive impact on their personal lives and their health. Through the creation and particpation of Consumer/ Survivor Intitiatives ( CSIs) mental health consumers have seen successes such as: employment for cosumers/ survivors, reduced hospital visits, improve health system and reduced mental health stigma and respect from politicans and medical professionals. However, sometimes these CSI’s are treated more as programs rather than autonomous groups, which can impact how they are viewed. This is demonstrated by the MAD pride organization, that provides empowerment through various actitives but most noteabley their mission to create a separate ‘ Mad’ culture thorugh claiming ‘ mad specific ‘ vocabulary activites ( such as a pride week) and creative forms of protest. However, the empowerment that they provide for survivors is both a solution for the ill-treatment and a call for action for survivors/ consumers to continue empowering change.

In 2008, legislation on mental health care changed. Coinsurance for mental health services decreased from a staggering 50% co-payment for outpatient mental health services to the usual 20% co-payment for other medical services (Touhy & Jett, 2011). Mental health services are now covered under the Medicare Part B services, which is regulated by the Centers for Medicare and Medicaid services. Dementia has a large psychological component, which requires mental health services. The passage of this legislation will significantly improve access of care for the outpatient dementia patient (Touhy & Jett, 2011). Access to inpatient care is limited to a lifetime maximum of 190 days (Touhy & Jett, 2011). Dementia is a chronic disorder and will require more than 190 days of treatment in the advanced stage of the disease process.

Policies have an important role in regulating and shaping the values in a society. The issues related to mental health are not only considered as personal but also affecting the relationships with significant others. The stigma and discrimination faced by people with mental health can be traced to the lack of legislation and protection of rights (Rodriguez del Barrio et al., 2014). The policy makers in mental health have a challenging task to protect the rights of individuals as well as the public (Swigger & Heinmiller, 2014). Therefore, it is essential to analyse the current mental health policies. In Canada, provinces adopt their own Mental Health Acts (MHA) to implement mental health services. As of January 15, 2016, there are 13 mental health acts in Canada (Gray, Hastings, Love, & O’Reilly, 2016). The key elements, despite the differences in laws, are “(1) involuntary admission criteria, (2) the right to refuse treatment, and (3) who has the authority to authorize treatment” (Browne, 2010). The current act in Ontario is Mental Health Act, 1990.

The law dictates that individuals possess autonomy and self-determination, which incorporates the right to accept or refuse medical treatment. Management of medical treatment can be complicated in situations when the ability of the patient to make reasonable decisions is called into question. The legal system endorses the principle that all persons are competent to make reasoned decisions unless demonstrated to be otherwise (Leo, 1999). When a patient is not able to make reasonable decisions due to their state of health, health practitioner might consider them incompetent. Incompetency is a legal term that describes persons who are found unable to properly exercise certain individual rights and legal prerogatives due to mental incapacity

The Indian Judicial System is described as a system which is partly a continuation of the legal system, established by the British and follows a structure which is a combination of American Legal System and the British Legal System. It follows a hierarchical construction in the order of the court with Supreme Court (SC) at the top, followed by the High Court (HC), further followed by the District Courts (DC). The Indian Judicial System is an independent entity, which does not fall under the control of the government and its various branches. The treatment of persons with mental illness has been documented in the ancient Ayurvedic texts, but introduction of a separate institution for the sole purpose of the care of the mentally ill is a