Legal Implications of Psychiatric Mental Health Nursing

1.Definition of mental health law 2. Tasks and duties of mental health nurse 3. Skills of mental health nurse 4 Personal qualities of mental health nurse 5. Tertiary education 6. Salary.

Menthal health law

Mental health law is that area of law that deals with mental conditions. This includes areas :

-common law; -statute law.

Common law

Common law is based on case law rather than statutes, issues include such concepts as:

- mens rea, - insanity defences, - sane and insane

automatism amongst others.

Statute law

Statute law usually takes the form of a Mental health act or equivalent. An example is the Mental Health Act 1983 in England and Wales.

The Mental Health Act 1983 (1983 c. 20) is a statute law in England and Wales, part of the United Kingdom. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters.

In particular, it provides the legislation by which people suffering from a mental disorder can be detained in hospital and have their disorder assessed or treated against their wishes, unofficially known as "sectioning". Its use is reviewed and regulated by a special health authority known as the Mental Health Act Commission (MHAC).

Common law

Common law is based on case law rather than statutes, issues include such concepts as:

- mens rea, - insanity defences, - sane and insane automatism amongst

others.

These acts codify aspects of the treatment of mental illness and provides rules and procedures to be followed and penalties for breaches. Mental health acts are largely used in the management of psychosis where a person has lost the ability to test reality.

They may also be used for other conditions including personality disorders. The laws generally allow for compulsory treatment in a psychiatric hospital or in the community.

In some jurisdictions court orders are required for compulsory treatment while in others treating psychiatrists may treat compulsorily by following set procedures. In the latter case there are usually methods of appeal or regular scrutiny to ensure compliance with the law.

Not all countries have mental health acts. The world health report (2001) lists the following percentages by region for countries in those regions with and without mental health legislation.

Regions With legislation No legislation Africa 59% 41% The Americas 73% 27% Eastern Mediterranean 59% 41% Europe 96% 4% South-East Asia 67% 33% Western Pacific 72% 28%

Mental Health Nurse

Description: A mental health nurse provides treatment, care and support for people with emotional, mental and behavioural problems.

Tasks and duties:

Works with people to identify their problems

Develops a therapeutic relationship Facilitates advocacy Observes and reports on the person's

physical and mental state Administers prescribed medication

Tasks and duties:

Assesses and treats a person using a nursing framework such as theory of interpersonal relations

Works within a multi-disciplinary team Assists people with self-care and other daily

activities

Tasks and duties:

Provides advice and support, facilitating and integrating a recovery approach

Provides education for service users and their families on mental illness, available services, and strategies to cope with illness

Leads and assists in therapy groups

Tasks and duties:

May give evidence in court Visits people in their community May be involved in mental health nursing

research

Skills:

Mental health nurses are skilled in the specialised use of communication, counselling, drugs used in psychiatry, applying specialty knowledge in the provision of clinical assessment, monitoring, therapeutic interventions, treatment, and referral to other health professionals.

Skills:

They work with individuals, groups and their families in a variety of settings, providing primary health care, health maintenance, acute care and care of people with long-term mental distress and/or illness. Some mental health nurses have special responsibilities under the Mental Health Act 1992.

Personal Qualities:

Mental health nurses must be concerned for others, mature and responsible, and able to work well under pressure. They should also be patient and good at listening, and able to deal with people from a variety of backgrounds and cultures.

Tertiary Education:

Mental health nurses need to have a Bachelor of Nursing to enter the job. Mental health nurses must be registered with the Nursing Council of New Zealand, and they must also have a current Annual Practicing Certificate.

Salary:

Salary varies, but mental health nurses usually earn between $30,000 and $50,000 per year. Overtime and allowances for shift work may increase these figures.

1. Mental health law - area of law that deals with mental conditions.

2.The aim of mental health nurse is to provide treatment, care and support for people with mental disorders

3. Skills –specific knowledes aout psychiatric disorders

4 Personal qualities of mental health nurse 5. Tertiary education 6. Salary.