. section 36 #remand of accused person to hospital for treatment);
. section 37 #hospital order, with or without a restriction order under section 41);
. section 38 #an interim hospital order);
. section 46 #an order relating to a member of the armed forces);
. section 47 #a transfer of a prisoner, with or without restrictions under section
49);
. section 48 #transfer of a civil or remand prisoner, with or without restrictions
under section 49).
It is not necessary for the nurse to be sure that the patient is lawfully detained. The
function of ascertaining the legality and appropriateness of detention is for the
hospital managers, a function which is normally delegated to the medical records
department. In any case, section 6#3) of the MHA ensures that it is appropriate to
rely on the forms since it provides:
`Any application for the admission of a patient under this Part of this Act which
appears to be duly made and to be founded on the necessary medical recom-
mendations may be acted upon without further proof of the signature or qua-
lification of the person by whom the application or any such medical
recommendation is made or given or of any matter of fact or opinion stated in
it.' [4]What is usually required, therefore, is that the nurse files and then is able to find in
the notes, the relevant forms indicating that the patient has been admitted under
one of the sections to which reference has already been made. If the patient has
been admitted under section 2, the nurse is looking for:
#1) the application form which must be either Form 2 #where the nearest relative
[5] was the applicant) or Form 3 #where an approved social worker [6] was
the applicant);
#2) a form for the medical recommendation #either one copy of Form 4 where the
recommendation was done jointly or two copies of Form 5 where the
recommendations were done separately);and also
#3) Form 15 which indicates that the patient has been accepted by the hospital as
adetained patient.
If the patient has been admitted under section 3, the nurse is similarly looking for:
#1) the relevant application form #Form 8 where the applicant is the nearest
relative and Form 9where the applicant is an approved social worker);
#2) the relevant form stating the medical recommendations #one copy of Form 10
where there is a joint medical recommendation and two copies of Form 11
where there are separate recommendations);and
#3) a copy of Form 15.
If the patient is detained under section 36, section 37, section 38 or section 46,
there must be documentation from a court indicating the imposition of the section.
If the patient is detained under section 47 or section 48, there must be a warrant
from the Home Secretary directing the transfer of the patient to the hospital.
160 Nursing Law and Ethics