Review of Rules Governing the Use of Electroconvulsive Therapy: Section 59(2) Mental Health Act 2001

2008 ◽  
Keyword(s):  
Mental Health ◽  
Electroconvulsive Therapy ◽  
Mental Health Act

Insight and capacity to consent to electroconvulsive therapy

2019 ◽  
Vol 27 (5) ◽  
pp. 428-434 ◽  
Author(s):  
Russ Scott ◽  
Steve Prowacki
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Supreme Court ◽  
Electroconvulsive Therapy ◽  
Chronic Schizophrenia ◽  
Capacity To Consent ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
Insight Into ◽  
Administrative Tribunal

Objective: To critically examine a recent decision of the Victorian Supreme Court that found that the Mental Health Tribunal and the Victorian Civil and Administrative Tribunal erred in the application of the capacity test in the Mental Health Act 2014 (Vic) and that compulsory electroconvulsive therapy would infringe upon the human rights of two patients who had no insight into their chronic schizophrenia. Conclusions: After considering the concepts of insight and capacity to consent to treatment, the paper concludes that the decision in NJE and PBU v Mental Health Tribunal [2018] VSC 564 is problematic clinically.

An evaluation of the practice of electroconvulsive therapy (ECT) in a Victorian health service before and after the Mental Health Act 2014

2020 ◽  
Vol 28 (3) ◽  
pp. 279-285 ◽  
Author(s):  
Jia L Lee ◽  
Kuruvilla George ◽  
Leah Price ◽  
Jeremy Couper
Keyword(s):  
Mental Health ◽  
Mental Health Service ◽  
Health Service ◽  
Electroconvulsive Therapy ◽  
Eastern Health ◽  
Mental Health Act ◽  
Number Of Patients ◽  
Significant Difference ◽  
Before And After ◽  
Clinical File

Objective: The aim of the project was to identify changes in the practice of electroconvulsive therapy (ECT) in a metropolitan mental health service before and after the Mental Health Act 2014 (2014 Act) in Victoria. Method: Retrospective clinical file audit of ECT administration across all three sites at Eastern Health (EH) two years before and two years after introduction of the 2014 Act. Results: There was a statistically significant decrease in the number of compulsory ECT treatments and in the number of patients who had compulsory ECT across the three hospitals at EH in the two years following the 2014 Act compared to the two years prior to the 2014 Act. There was no significant difference in the number of voluntary ECT treatments and in the number of patients who had voluntary ECT. Conclusion: The review showed that there has been a significant decrease in the number of compulsory ECT treatments and in the number of patients who had compulsory ECT after the introduction of the 2014 Act. Potential reasons for the changes are discussed.

Is There a Change in Electroconvulsive Therapy Practice Following the New Mental Health Act 2014 in Victoria?

2019 ◽  
Vol 35 (4) ◽  
pp. 245-250 ◽  
Author(s):  
Partha Das ◽  
Karuppiah Jagadheesan ◽  
Frances Walker ◽  
Vinay Lakra ◽  
Nicola T. Lautenschlager ◽  
...  
Keyword(s):  
Mental Health ◽  
Electroconvulsive Therapy ◽  
Mental Health Act

Inadequate Provision for Electoconvulsive Therapy in the New South Wales Mental Health Act 1983

1988 ◽  
Vol 22 (4) ◽  
pp. 404-411 ◽  
Author(s):  
James Durham
Keyword(s):  
Mental Health ◽  
Effective Treatment ◽  
Electroconvulsive Therapy ◽  
New South ◽  
New South Wales ◽  
Considerable Proportion ◽  
Treatment Principles ◽  
Mental Health Act ◽  
South Wales ◽  
Division 2

Division 2 of Part X of the NSW Mental Health Act 1983 lays down a set of conditions which must be satisfied before electroconvulsive therapy (ECT) can be given. These provisions are too restrictive and would deny ECT to a considerable proportion of the patients who are most likely to benefit from it. For many of them it would be the only effective treatment. Principles which should govern the authorisation of ECT are proposed.

scholarly journals ECT and the Human Rights Act 1998

2014 ◽  
pp. 66
Author(s):  
Robert Robinson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Electroconvulsive Therapy ◽  
Common Law ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Incapacitated Patients

In the current edition of the Mental Health Act Manual1, Richard Jones condemns the practice of detaining mentally incapacitated patients for the purpose of giving treatment which could lawfully be administered under common law. Jones draws particular attention to the ‘sectioning’ of compliant patients who require electroconvulsive therapy (ECT).

scholarly journals Use of the Mental Health Act to treat compliant mentally incapacitated patients with electroconvulsive therapy

2000 ◽  
Vol 24 (1) ◽  
pp. 31-31 ◽  
Author(s):  
Helen Chubb ◽  
Delyth Alldrick
Keyword(s):  
Mental Health ◽  
Electroconvulsive Therapy ◽  
Mental Health Act ◽  
Incapacitated Patients

scholarly journals Electroconvulsive therapy, capacity and the law in Ireland

2009 ◽  
Vol 26 (1) ◽  
pp. 3-5 ◽  
Author(s):  
Ross Dunne ◽  
Adam Kavanagh ◽  
Declan M McLoughlin
Keyword(s):  
Mental Health ◽  
Electroconvulsive Therapy ◽  
Mental State ◽  
Treatment Decisions ◽  
Law Reform ◽  
Court System ◽  
Capacity To Consent ◽  
Mental Health Act ◽  
The Law

AbstractThe Mental Health Act (MHA) 2001 has major implications for treating patients with electroconvulsive therapy (ECT), especially as those referred for treatment are among the most severely ill and often lose capacity. Under the MHA 2001, a person may only be treated without consent if they are an involuntary patient. However, there is no provision in the Act for treating voluntary inpatients whose mental state has deteriorated but who do not seek to leave hospital. Such people may lack capacity to make treatment decisions but be passively compliant.The Wards of Court system is currently the only legal recourse but has been criticised by the Law Reform Commission and is unwieldy. Further legislation governing treatment of people lacking capacity to consent to ECT or withhold consent is required to protect and advance treatment of all concerned.

The Mental Health Act (MHA) 2014 and the use of electroconvulsive therapy (ECT) in Victoria

2020 ◽  
pp. 103985622097007
Author(s):  
Partha Das ◽  
Karuppiah Jagadheesan ◽  
Vinay Lakra
Keyword(s):  
Mental Health ◽  
Electroconvulsive Therapy ◽  
Mental Health Act

Refractory mania and inability to consent: an important role for involuntary ECT

2013 ◽  
Vol 30 (1) ◽  
pp. 73-76
Author(s):  
J. Lally ◽  
C. McDonald
Keyword(s):  
Mental Health ◽  
Effective Treatment ◽  
Electroconvulsive Therapy ◽  
Rapid Response ◽  
Full Recovery ◽  
First Episode ◽  
Psychotic Illness ◽  
Mental Health Act

We present the case of a 23-year-old man with a first episode of severe mania, which was refractory to pharmacotherapy. The case demonstrates a rapid response and full recovery after the use of electroconvulsive therapy (ECT). The ECT was administered involuntarily under Section 59(1) (b) of the Irish Mental Health Act 2001 as the patient was unable to consent to the treatment. The case highlights the benefits of ECT for this serious condition and emphasises the importance of retaining the legislative capacity to provide such an effective treatment for patients unable to consent because of severe psychotic illness.

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