Chose an Aspect of the Law and Discuss This in Relation to the Role of the Nurse.
The purpose of this assignment is to select a particular legislation and to relate it to the role of the nurse by drawing on relevant literature as well as learning log entries. The legislation chosen for this assignment is the Mental Health Act MHA (1983) and the reason is because of the chosen field for practice. Under this Act, individuals suffering from mental illness can be admitted and detained into psychiatric hospital for treatment against their will (Dimond, 2011). This particular law has a number of sections, since this assignment is about exploring the role of the nurse, the focus of the discussion will be on section 5(4) which is about nurses holding power.
Occasionally, doctors are not immediately available on the wards hence this section was introduced in order for nurses of the ‘prescribed class’ (see appendix 1a) to detain informal inpatients suffering from a mental disorder whilst they were a menace to themselves or others of up to 6 hours or until the responsible physician arrives (Fennel, 2009).
Before applying this section, the nurse’s role is to undertake a thorough assessment including a risk evaluation. However, in urgent cases the Code of Practice of the Act backs up the sectioning without carrying out appropriate assessment (DH, 1999). The nurse should consider the expected time of the doctor against how eager the patients wants to leave. Nevertheless, the majorities in those situation nurses bring into play their good communication and persuasion skills and succeed in convincing the patient to wait until the doctor arrives for their treatment (Dickinson, 2007). However, when not feasible the nurse should predict the effect it could have on the patient. For example, if the patient is demonstrating signs of anxiety or distress nurses should consider the consequences (see appendix 1b) to them and others if leaving the hospital (Dickinson, 2007).
Alternatively, if all the measures undertaken are exhausted and the patient is
Occasionally, doctors are not immediately available on the wards hence this section was introduced in order for nurses of the ‘prescribed class’ (see appendix 1a) to detain informal inpatients suffering from a mental disorder whilst they were a menace to themselves or others of up to 6 hours or until the responsible physician arrives (Fennel, 2009).
Before applying this section, the nurse’s role is to undertake a thorough assessment including a risk evaluation. However, in urgent cases the Code of Practice of the Act backs up the sectioning without carrying out appropriate assessment (DH, 1999). The nurse should consider the expected time of the doctor against how eager the patients wants to leave. Nevertheless, the majorities in those situation nurses bring into play their good communication and persuasion skills and succeed in convincing the patient to wait until the doctor arrives for their treatment (Dickinson, 2007). However, when not feasible the nurse should predict the effect it could have on the patient. For example, if the patient is demonstrating signs of anxiety or distress nurses should consider the consequences (see appendix 1b) to them and others if leaving the hospital (Dickinson, 2007).
Alternatively, if all the measures undertaken are exhausted and the patient is
References: Care Quality Commission. (CQC), (2010) Monitoring the use of the Mental Health Act in 2009/10. London: TSO. Department of Health and Welsh Office. (DH), (1999) Mental Health Act 1983 Code of Practice. Norwich: TSO. Dickinson, T. (2007) Section 5(4) of the Mental Health Act 1983: the art of applying the Act. British Journal of Nursing, 2007, Vol 16, No 20. Dimond, B. (2011) Legal Aspects of Nursing and Health Care. London: Pearson Education. Dimond, B. and Barker, F. (2001) Mental Health Law for Nurses. Sixth Edition. London: Blackwell Offices. Fennel, P. (2009). Mental Health The New. Bristol: Jordan Publishing Ltd. NMC, Nursing and Midwifery Council (2009). Record Keeping Guidance for Nurses and Students: London: HMSO.