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Other issues

28 March 2014

This is a collection of recent advice on the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000.

  • Conflict of interest and independent hospitals (2003 Act): We were asked if there was a conflict of interest where a medical practitioner in the independent hospital provides a medical recommendation for a community CTO. If the managers of the independent hospital are named in the order, we think there is still a conflict of interest. The individual could be admitted by the RMO under S113/114.
  • Professional carers and treatment certificates: This applies to treatment in community settings under a section 47 certificate (the 2000 Act) and/or a T2/T3 certificate (the 2003 Act). If care staff are administering medication that is subject to any of these provisions, it is our view that they must have access to the certificates authorising treatment. This does not apply to carers who are acting as family or friends. They do not have the same professional accountability.
  • "Rapid tranquillisation" (2003 Act):  Administering sedative medication by injection is "rapid tranquillisation". It should only be used when absolutely necessary. Any care setting where this is used should have policies in place on its use, especially the observation of the individual for any adverse effects.
  • Power of attorney (2000 Act): A reminder that, unless the document says otherwise, power of attorney is no longer valid on separation or divorce.
  • Medical treatment (2000 Act): We often hear that attorneys and guardians with the authority to consent to treatment feel they have not been consulted. We advise medical practitioners to meet with the attorney/guardian at an early stage. They should discuss the situations where the guardian is content to let the practitioner make the decision and the situations where specific consultation is desired.
  • And finally: RMOs completing T2 forms (and DMPs completing T3s) must remember that these are statutory forms. Any error or omission may invalidate the form. Common errors include failure to shade all the circles at the bottom of page 2 of the form and failing to shade the correct circle at the top of page 3. The Commission will return these forms so that they can be properly completed.