Detention criteria

When detaining a patient, MD’s Take Risks Necessarily (or Now)

The patient must have:

  • Mental disorder (illness), personality disorder, learning disability
  • Decision making significantly impaired, with respect to medical treatment of the disorder only
  • Treatment – determining what treatment or giving medical treatment
  • Risk of welfare/health/safety (WHS) or safety of others if not detained
  • Necessary – decision to detain must be deemed necessary

Mental Health (Care and Treatment) (Scotland) Act 2003

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