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
- "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that, unless the document says otherwise, power of attorney is no
longer valid on separation or divorce.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