Mental health law essay conclusion

The detention of such patients is also specified and the length of detention can range from 28 days s.

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We shall examine each section below. It is evident from the above that there are safeguards in place to protect the autonomy of an individual being sectioned under the Act. The time limits, right to appeal and rights to seek advice from an IMHA allow the patient a degree of control, all whilst upholding the standard of care appropriate if it is believed to be in their best interests. Tribunals also play a critical role in upholding personal independence for the patient as they are under an obligation to discharge the patient in compulsory detention if it is not satisfied that it is absolutely necessary to detain the patient on safety grounds.

The Mental Capacity Act provides those who may lack capacity to consent to detention and treatment a legal framework to protect their best interests. Section 1 of the MCA states the following principles which must be adhered to by anyone operating the Act:. The Act itself does not give guidance on this but in the case of Wye Valley NHS Trust v Mr B the court ruled that the wishes and feelings of the patient must be taken as of paramount importance when detaining and treating a patient with diminished capacity. The most common article associated with the conflict between the HRA and mental health regarding deprivation of liberty is Article 5, the right to liberty and security.

Article 5 provides protection for those in the EU against unlawful arrest and detention. This would allow those deemed to be mentally ill to be able to be detained somewhat illegally. However, the ECHR has provided guidelines to ensure that lawful detention must:. The court found in his favour and affirmed that detention of a mentally ill person under Article 5 can only be lawful if it is effected in a hospital, clinic or other appropriate institution where treatment is available.

The conflict appears with detention under s where police are allowed to intervene and either remove mentally disordered persons from a public to a safe place or detain them at their location. However, as of December , important changes to MHA were implemented to protect the rights of those detained under section These changes included the fact that police stations can not be used as a place of safety unless specific situations arise as detailed by the act.

The detention time has also been reduced from 72 to 24 hours. There have been other recent changes to legislation, influenced by case law, that do promote the notion that the government is willing to attempt to align domestic law up with the HRA. It was ruled that he lacked capacity to decide where to live. He spent years in a psychiatric hospital and then with carers. However, his behaviour declined and he was admitted to hospital on an informal basis. The absence of procedural safeguards and access to the court amounted to a breach of Article 5 and the need for safeguards to be put in place to prevent further illegal deprivations of liberty was highlighted.

The following are issues highlighted in the DOLS handbook to be factors that could be relevant when identifying whether steps taken by medical professionals amounts to deprivation of liberty. This rule codified the anonymity that is central to the AA approach to alcohol use disorder treatment. But it failed to take account of the need to treat alcohol use disorder in tandem with other health conditions.

A meticulous analysis of treatments, published more than 15 years ago in The Handbook of Alcoholism Treatment Approaches but still considered one of the most comprehensive comparisons, ranks AA 38th out of 48 methods. A common theme in all of these treatments is that they are delivered with empathy and without confrontation.

About one of every 15 people who enter these programs is able to become and stay sober. Twelve percent claimed sobriety for five to 10 years, 24 percent were sober for one to five years, and 31 percent were sober for under a year. Comparing AA to other treatments, a Cochrane Collaboration study concluded that its effectiveness is not scientifically established:.

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No experimental studies unequivocally demonstrated the effectiveness of AA or [step] approaches for reducing alcohol dependence or problems. AA may help patients to accept treatment and keep patients in treatment more than alternative treatments, though the evidence for this is from one small study that combined AA with other interventions and should not be regarded as conclusive. Other studies reported similar retention rates regardless of treatment group. Three studies compared AA combined with other interventions against other treatments and found few differences in the amount of drinks and percentage of drinking days.

Severity of addiction and drinking consequence did not seem to be differentially influenced by [AA] versus comparison treatment interventions, and no conclusive differences in treatment dropout rates were reported. While AA has stimulated hope and recovery for many people, it is not for everyone, and its one-size-fits-all message of lifelong abstinence may serve as a barrier to seeking treatment. There are many different medications that are prescribed to treat two major drugs of addiction: opioids and alcohol.

There are currently no FDA-approved medications used to treat other types of drug addiction, such as methamphetamine, marijuana, or cocaine dependence. There are many medications and over-the-counter remedies for tobacco use disorder, ranging from antidepressants to nicotine chewing gum, all of which cannot be listed here. The antidepressant bupropion was approved by the FDA in to help people stop smoking and is marketed as Zyban.

Varenicline tartrate Chantix is a medication that has received FDA approval for smoking cessation. This medication, which acts at the sites in the brain affected by nicotine, may help people quit by easing withdrawal symptoms and blocking the effects of nicotine if people resume smoking. Addiction and the recovery process are commonly marked by strong cravings even after successful completion of detox and treatment. These cravings, a normal occurrence for those struggling to get and stay clean, can interfere with treatment and increase the risk of relapse. Fortunately, certain medications have proven very successful in helping to stave off these cravings and promoting abstinence.

However, it should be noted that psycho-social support and talk therapy, as well as residential therapy when needed, are essential adjuncts to medication-assisted treatment. And step programs, including AA, can be used to supplement medication-assisted treatment. Yet fewer than a third of conventional drug treatment centers in the United States take this approach.

Mental health and criminal justice - Crystal Dieleman - TEDxMoncton

Buprenorphine, which is a partial opioid agonist, is used to treat someone who is addicted to an opioid — whether the substance being abused is heroin or a prescription painkiller, such as OxyContin or Vicodin. Now, Neltrexone can as well. To date, other drugs used to treat opioid dependency — such as methadone — can only be administered in clinics. Buprenorphine alone has potential for abuse and prescription diversion due to its opioid effects.

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Part I - What Do Human Rights Mean for Mental Health Law?

However, formulations that contain a combination of buprenorphine and naloxone decrease the potential for abuse because naloxone otherwise blocks a robust opioid effect and, further, will initiate withdrawal symptoms if attempts are made to misuse it via injection. When used properly, these buprenorphine-containing medications can both alleviate unpleasant opioid withdrawal and decrease associated cravings. These medications are also difficult to overdose on, due to the ceiling effect that buprenorphine has and to the opioid antagonism of naloxone, in the combination formulations.

In May , the FDA approved the first buprenorphine implant designed to treat opioid dependence. Like methadone and naltrexone, Probuphine is designed to help individuals recover from an opioid addiction by alleviating cravings and withdrawal symptoms without creating a euphoric high. By stabilizing the patient and reducing the sometimes overwhelming cravings associated with opioid addiction, the individual is better able to engage in treatment and therapy. The Probuphine implant is made of four rods that are inserted into the upper arm. The rods administer a continuous dose of buprenorphine into the bloodstream for a treatment period of 6 months—making it a convenient alternative to the other forms of buprenorphine daily pills and dissolvable films.

The drug is prescribed to patients who are currently stable on low-to-moderate doses of buprenorphine. Probuphine is not recommended beyond two 6-month treatment periods. This medication presents advantages over other maintenance medications like methadone. Methadone is a full opioid agonist, which means that it produces similar effects to other opioids.

Methadone is used to alleviate withdrawal symptoms and drug cravings in those addicted to heroin or painkillers. In order to prevent abuse, methadone is administered in a clinic on a set schedule. Despite its relatively mild effects no extreme highs , those taking methadone would likely still experience unpleasant withdrawal symptoms if methadone therapy were to suddenly stop. Naloxone is an opioid antagonist, which means that it blocks the activity of opioids at the receptor sites — potentially reversing or preventing life-threatening overdoses.

A naloxone injection may be administered in a medical emergency to those who are experiencing an opioid overdose. As a potentially life-saving intervention, both opioid users and family members should understand how naloxone works and how to use it in the event of an overdose. Naloxone can be delivered by injection, nasal inhalant or in automatic injection devices, which are sometimes handed out as a harm reduction measure in communities hit hard by heroin abuse. Automatic naloxone injection devices have voice control and walk the injector through administration in a step-by-step manner.

Naltrexone, which can come in an injectable or pill form, is used to treat patients who suffer from an addiction to alcohol or opioids.


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The injectable version is called Vivitrol. It may be administered intramuscularly, and therefore only requires monthly dosing. Oral dosing occurs once a day. Unlike buprenorphine and methadone, naltrexone lacks potential for diversion and abuse because it is not an opioid medication.