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Author (up) Farrow, T.; McKenna, B.; O'Brien, A.J.
Title Advanced 'prescribing' of nurses' emergency holding powers under New Zealand mental health legislation Type Journal Article
Year 2002 Publication International Journal of Mental Health Nursing Abbreviated Journal
Volume 11 Issue 3 Pages 164-169
Keywords Mental health; Law and legislation; Psychiatric Nursing; Scope of practice
Abstract A new approach to mental health legislation has seen the involvement of a range of health professionals in legislated mental health roles, including the power of registered nurses to detain patients in hospital under Section 111 of the New Zealand Mental Health (Compulsory Assessment and Treatment) Act (1992). Under this Section, a nurse who believes that a voluntary patient meets the legal criteria of the Act can independently detain the patient for a period of up to six hours, pending further assessment by a medical practitioner. However, anecdotal evidence and a clinical audit undertaken by the authors suggest some doctors 'prescribe' Section 111 at the time of admission. This practice instructs nurses to initiate Section 111 if particular voluntary patients choose to leave hospital. This study outlines practice issues resulting from 'prescribing' Section 111; provides a legal critique of medical practitioners' involvement in this practice; and makes recommendations for guidelines toward a more constructive use of Section 111.
Call Number NRSNZNO @ research @ Serial 651
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