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Section 6. Suspension of Compulsory
Measures
Suspension of an
EDC (Section 41)
An
EDC can be suspended using Section 41,
although the detention does not need to be suspended to
allow patients to be transferred for emergency medical
investigations and treatment. Suspending an
EDC would be unusual, given its brief
timescale.
Suspension of an
STDC (Section 53)
An
STDC can be suspended by the responsible
medical officer completing Section 53. The suspension
certificate can last for any period stipulated by the
responsible medical officer, and conditions may be attached
to allow, for example, a suspension to occur while the
patient is at home on pass. Again, suspension of an
STDC is not required to access emergency
treatment for physical disorder.
Revoking suspension of a detention certificate
(Section 54)
Suspension of a detention certificate may be revoked
through Section 54. The responsible medical officer must
then notify:
- Mental Welfare Commission
- Any person authorised to keep the patient in their
charge.
Suspension of
CTOs and interim
CTOs (Sections 127 and 128)
The responsible medical officer can suspend any of the
compulsory measures in the
CTO and the hospital detention
requirement specified in an interim
CTO.
Section 127 allows suspension of hospital detention for
up to six months (a significant change from the terms of
the 1984 Act). The expiry of the suspension certificate
cannot be later than the expiry of the treatment order or
interim order, and conditions (such as specifying the place
of residence) can be attached to a suspension certificate.
The responsible medical officer remains responsible for the
patient's care during a suspension certificate.
If the suspension certificate is for longer than 28
days, the responsible medical officer must notify (write
to) the following before the certificate is granted:
A suspension certificate allowing transfer to a second
hospital for emergency treatment for a physical disorder
should be granted for a patient under a compulsory or
interim
CTO (unlike the
EDC and
STDC). The patient can only be detained
in the second hospital if the hospital is a residence
condition specified in the suspension certificate.
Compulsory measures specified in a
CTO (other than hospital detention) may
be suspended by using Section 128, provided the suspension
is no longer than three months.
Prior to granting a suspension certificate under Section
128, the responsible medical officer must notify (write to)
the following of their intention:
Additionally, the responsible medical officer must
notify the Mental Welfare Commission within 14 days of the
reasons behind and duration of the suspension certification
under Section 128.
Revoking suspension of a
CTO and interim
CTO (Section 129)
A suspension certificate granted under Section 127 or
128 can be revoked by using Section 129. If this occurs,
the patient, named person,
MHO and
GP should be notified as soon as
possible, and the Mental Welfare Commission should be
notified within 14 days.
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