Written Question · S3W-32645 · Session 3
Whether the provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003 are based on the premise that psychiatrists do not mak…
The question
To ask the Scottish Executive whether the provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003 are based on the premise that psychiatrists do not make mistakes when diagnosing someone as having a detainable mental disorder.
The answer
The objective of the Mental Health (Care and Treatment) (Scotland) Act 2003 is to make sure people with mental health problems receive effective care and treatment in a way which accords with the Millan principles.
Section 328(1) of the act defines mental disorder as mental illness, personality disorder or learning disability, however caused or manifested.
Diagnosis of mental disorder can only be made by an approved medical practitioner (AMP): this is a medical practitioner who has been approved under section 22 of the act by a health Board or by the State Hospitals Board for Scotland as having special experience in the diagnosis and treatment of mental disorder. An approved medical practitioner will often be a consultant psychiatrist. All AMPs must undergo a two day training package in the provisions of the act before being approved to carry out AMP duties under the act.
The act makes provision for the Mental Health Tribunal for Scotland which exercises powers in relation to detention and which ensures that the clinical judgements of AMPs and mental health officers (MHOs) are subject to appropriate scrutiny.
Section 328(1) of the act defines mental disorder as mental illness, personality disorder or learning disability, however caused or manifested.
Diagnosis of mental disorder can only be made by an approved medical practitioner (AMP): this is a medical practitioner who has been approved under section 22 of the act by a health Board or by the State Hospitals Board for Scotland as having special experience in the diagnosis and treatment of mental disorder. An approved medical practitioner will often be a consultant psychiatrist. All AMPs must undergo a two day training package in the provisions of the act before being approved to carry out AMP duties under the act.
The act makes provision for the Mental Health Tribunal for Scotland which exercises powers in relation to detention and which ensures that the clinical judgements of AMPs and mental health officers (MHOs) are subject to appropriate scrutiny.
In the Official Report
No contribution in the Official Report cites S3W-32645 by reference.