Following Acquired Brain Injury, it may, at times, be necessary to provide care treatment by implementing compulsory measures under the Mental Health (Care & Treatment)(Scotland) Act 2003. When using compulsory measures to provide care and treatment, the following should be taken into consideration:
- The Mental Health Act authorises treatment for mental disorder or conditions which are direct consequences of the mental disorder.
- Treatment must be in the best interest of the patient.
- The medication prescribed must be considered likely to alleviate symptoms and/or prevent a deterioration in patient’s condition.
- Medical treatment includes nursing care and other therapeutic input as well as giving medication.
- The Guiding Principles underpinning the Mental Health Act must be followed.
- If the patient does not consent or is deemed “incapable” of giving informed consent to medication then treatment must be authorised by a Designated Medical Practitioner appointed by the Mental Welfare Commission.
- Urgent treatment can be given without the patient’s consent to save the patient’s life, to alleviate serious suffering and/or to prevent dangerous or violent behaviour.
- A T2 Consent Form is used when the patient is capable of giving informed consent to the treatment being provided under the Mental Health Act. The patient must be considered capable of understanding the nature, purpose and likely effects of the drugs prescribed and must confirm their consent in writing
- A T3 Consent Form is used when the patient is unable to give informed consent to the medication prescribed under the Mental Health Act. In this case treatment must be authorised by a Designated Medical Practitioner appointed by the Mental Welfare Commission.
Treatment of Medical Conditions under the Mental Health Act
The Mental Health Act authorises treatment for Mental Disorder or conditions which are direct consequences of the mental disorder e.g. Post Traumatic Amnesia following Acquired Brain Injury, overdose due to depressive illness.
Treatment for medical conditions (e.g. diabetes, epilepsy, hypertension), all necessary care interventions and brain injury rehabilitation should be provided under Section 47 of the Adults with Incapacity (Scotland) Act 2000.