Sections of the Mental Health Act Explained free essay sample

For the purpose of the act a person who has a learning disability is not considered to be suffering from a mental disorder nor require any hospital treatment unless their disability has been associated with â€Å"abnormal aggressive behaviour or irresponsible conduct on their part†. Mind 2010 point out that a person could be detained without their disability without their disability being described as above under the emergency provision of section 135, which is a warrant to search and remove a patient; 136, if found in a public place, s4 assessment of emergency admission, s5, compulsory detention of an informal patients whom are already in hospital and s2 admission for assessment. The department of health (DoH)codes of practice (2010) goes on to state When determining if a person has a disorder or disability of the mind the skills of a professional who has good clinical knowledge of what constitutes a mental disorder must be sort. We will write a custom essay sample on Sections of the Mental Health Act Explained or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page * Section 2 The use of this section of the act allows a person defined under s1 of the act to be compulsory detain to a hospital or guardianship. In order for a person to be detained under this section three people must agree that you need to be detained unless there are exceptional circumstances (rethink 2010). The People involved in this decision making process should be an Approved Mental Health Professional (AMHP) or the patients nearest relative and a doctor who has received special training and a registered medical practitioner. The DoH (2008, p3) codes of practice point out, that It is good practice for one of the doctors involved in this process to be someone who has some knowledge of the patient. Once these people have agreed that a person needs to be detained for their own safety or the safety of others; an application for a bed must be made to the hospital. The person who makes the application must have seen the patient within the last fourteen days. Whilst the doctors must have seen the patient together or within five days of each other (rethink, 2010). Patients held under this section of the act can be detained for up to twenty- eight days and during this time there mental state should be assessed. This section of the act is used to detain a person who has not committed any criminal offences. During the patients admission for assessment two doctors must assess and confirm that the patient is suffering from a ‘mental disorder of a nature or degree which warrants detention’ (MHA, date) in hospital for assessment which may be followed by treatment. And that it is necessary to detain such a person in the interest of their own health and safety and/or that of others for example the public. A person who has been detained under this section of the act can be discharge by a responsible clinician or a hospital manager. The patients NR can also ask for the patient be discharged however they must give72 hours notice of intent to do so. A patient can request that their case be brought before a mental health tribunal (MHT) hearing as long as they request this within the first 14 days of their admission. A s2 admission cannot be renewed. Patients who need medical treatment following this period of assesment will then be detained under s3 of the act. * Section 3 – treatment 6 month then 6 month then renewable 12 monthly * Section 4 admission in an emergency lasts up to 72 hours * Section 5 – emergency admission to allow a person’s mental state to be assessed can only be do if recomened by a doctor and a mental health social worker must be Section 37 – hospital order S37 refers to a hospital order that can be imposed to hospitalise a patient who has committed an offence and is believed to be mentally unwell. It is usually imposed by a crown court. A magistrate’s court can also impose this order however this can only be done after a person has been convicted of an offense that is deemed to be punishable with a prison sentence. If the magistrates court can be satisfied that the offender has committed the offence in question they can impose the hospital order without the need to record a conviction. The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010) Once the order has been imposed it initially lasts for a period of six months then renewable for another six months and then renewable yearly. Persons whom have been detained under this piece of legislation can be discharged from this section by a clinician, hospital manager or through a mental health tribunal hearing. A patient can only request to have their case heard at a tribunal once; between the six and twelve month period and then once only in each twelve month period. A patient’s case can also be brought before a tribunal Once a 36 month period has lapsed since their last tribunal hearing (mind 2010). can only be made by the crown court and is usually made in conjunction with the s41 the purpose of the restriction order is to protect the public from serious harm. it affects leave of absesnces, transfers between hospitals and discharge. All of which require ministry of justce permission. Section 41 restriction order which is usually made in conjunction with a s37. can be made by the crown court that has imposed the s37 if the patient is deemed to be of serious risk to the public and if one of the detaining doctors whom made the recommendation for the hospital order gives there evidence orally in the court. This order cannot be imposed by a magistrate’s court however they can re quest that the case be brought before a Crown court in order to impose this restriction order. S41 of the act bares no time limit and therefore cannot be detested by the patient. Patients detained under this order are usually referred to as restricted patients. * Section 117 This section of the act refers to the legal duty of the primary care trust or the local health board and the local social services authority where the patient is ordinarily resident; in conjunction with relevant voluntary agencies, to provide and pay for appropriate after care services for patients whom had been detained under the long- term sections of the act such as section 3, 37, 45a, 47, or 48 and patients whom have been granted leave under s17 and patients going on to supervised community treatment (SCT). This piece of legislation does not specify what constitutes as after care services however the mental health act code of practice (2008) suggests that these services could include, among others supporting someone with their psychological needs, physical health care, day time activities or employment appropriate accommodation, crisis planning, parenting needs arising from drug, alcohol or substance misuse and help with welfare and managing money. There are also no restrictions as to what can be provided. By assessing a person’s needs it will determine the services that need to be provided in order to meet a person’s immediate needs. And by providing these services as aftercare it could help to prevent a person from having to return to hospital. Patents that are in receipt of these services cannot be charged for them by those providing them. The legislation also states that after care services should be provided for as long as the patient is in need of them because of their mental health condition or if they remain the subject of a SCT. This means that the services that they have been provided with cannot just be withdrawn because the individual appears to be coping well with life outside of hospital. In order for the funding body to withdraw their services a formal discharge meeting must be held which the patient must be involved in (Rethink 2010). The MHA codes of practice advises that after care service planning should begin as soon as a person has been admitted in order for these services to be ready and in place for when the person leaves hospital. The service users and any carer that the service users has consented to should be present at this meeting. Other professional that may be involved in the care planning process such as psychiatrist, community psychiatric nurse, GP, clinical psychologist, occupational therapist, advocate, housing officer and an attorney or deputy (rethink, 2010). The after care plan should be recorded and reviewed regularly to ensure it is and has met the individuals immediate needs. The plan should not be delayed just because approval needs to be sort at a more senior level. References:

Implementing And Sustaing Evidence In Nursing Care Of Cardiovascular

Implementing And Sustaing Evidence In Nursing Care Of Cardiovascular Implementing And Sustaing Evidence In Nursing Care Of Cardiovascular Disease – Book Report/Review Example Nursing of In the past, myocardial infarction patients had few interventions for their condition and most died. Even those that survived still had high risks of heart failure. Coronary artery bypass grafting was the only intervention that was applicable when curing such cases. With time, there have been developments that have eased care for coronary artery disease patients. Examples of such development include the introduction of thrombolysis and percutaneous coronary intervention. Other notable developments are in the medication and new drugs for cardiovascular disease patients. PCIs have overtaken CABG as the preferred procedure of care for cardiovascular patients (Bick and Graham, 2010). Whereas CABG requires admission, PCI procedures take place under sedation and hence are a possibility under outpatient arrangements.Nurses are the most common caregivers. They may work with other professionals to provide care for patients. The various innovations allow nurses provide Evidence-base d practice to the cardiovascular patients. Various factors contribute to measurement of the delivery of care. Clinical practice guidelines may indicate the quality of care. Other factors relevant in the measurement of the quality of care are generic health-related and disease specific measures of quality of life. Nurse-led clinics provide necessary services for cardiovascular patients. That could include education and counseling. Due to improved secondary prevention, these clinics have managed to exhibit gains in the provision of care. The clinics are also cost-effective in the long run (Bick and Graham, 2010).Telehealth and e-health represent trends that have brought a lot of change in the field. Health professionals are now able to extend their reach in the prevention and handling of cardiovascular patients. Although technology has had its challenges in application in the provision of care, technological innovations improve the quality of care to a great extent. Even with the many challenges, there remains a great potential for innovations and experimentation in the field of cardiology (Bick and Graham, 2010). That would improve the service delivery of many professionals. ReferencesBick, D. and Graham, I. D. (eds.) (2010). Evaluating The Impact of Implementing Evidence Based Practice. Chichester: Wiley-Blackwell.

Cundo no aplica castigo 3 y 10 aos por estar ilegal

Cundo no aplica castigo 3 y 10 aos por estar ilegal Las leyes migratorias de los Estados Unidos castigan con la prohibicià ³n de obtener una visa por 3 y 10 aà ±os a las personas que han estado ilegalmente en el paà ­s. Pero hay excepciones importantes a esta regla. Esto quiere decir que a las personas que no les aplica este castigo podrà ­an solicitar tanto una visa no inmigrante , como la de turista o estudiante, como obtener la aprobacià ³n de una visa inmigrante siempre y cuando no existan otras causas por las que se pueda denegar. En este artà ­culo se explica a quià ©nes no aplica el castigo de los 3 y 10 aà ±os por estar ilegal, en quà © casos no importa la estancia ilegal para obtener un beneficio migratorio, cà ³mo se computa el tiempo como ilegal ya que no siempre es claro y, finalmente, quà © hacer si se est fuera de Estados Unidos y se quiere sacar una visa y hay el problema de este castigo.  ¿A quià ©nes no aplica este castigo? El castigo de los 3 y de los 10 aà ±os no aplica a las personas que: Aunque estuvieron ms de 180 dà ­as ilegalmente en los Estados Unidos, ese periodo no de un modo continuo. Es decir, a aquellos que estuvieron un mes de una vez, dos meses de otra, etc. Pero nunca llegaron a pasar seis meses seguidos como ilegales.   (Sin embargo, hay que tener mucho ojo con este punto, ya que las estancias ilegales asà ­ sean discontinuas por un periodo superior a un aà ±o sà ­ que se computan para el castigo de prohibicià ³n permanente para ingresar a Estados Unidos).Se quedaron ilegalmente ms de 6 meses seguidos, pero fue con anterioridad al 1 de abril de 1997. Esa es la fecha en la que entrà ³ en vigor la ley del castigo de los tres y diez aà ±os y no afecta a situaciones anteriores.Son menores de 18 aà ±os. No se computa el tiempo que pasaron como ilegales antes de cumplir la mayorà ­a de edad. Adems, en el caso de los Dreamers con  la accià ³n diferida  aprobada no computan tiempo de presencia ilegal en los Estados Unidos mientras estn protegidos por DACA. Y asà ­ pueden viajar a otro paà ­s y regresar si cumplen una serie de requisitos para obtener un advance parole o permiso para viajar. Se encuentran dentro de Estados Unidos. Este castigo sà ³lo aplica a los que estn fuera del paà ­s. Algunos indocumentados podrn legalizar su situacià ³n sin salir de los Estados Unidos mediante un ajuste de estatus. Pero otros tendrà ­an que necesariamente salir para ir a una entrevista al consulado. Y ahà ­ habrà ­a el problema del castigo de los 3 y de los 10 aà ±os.Pueden beneficiarse de lo que se conoce como Seccià ³n 245(i), para casos muy antiguos. Situaciones especiales en los que no importa el tiempo como  ilegal En casos especiales, la presencia ilegal en Estados Unidos no es considerada causa de inadmisibilidad y, por lo tanto, ser posible ajustar el estatus o sacar una visa de inmigrante, siempre y cuando se reà ºnan todos los dems requisitos. Estos son los casos: Se solicita una visa T por trfico humanoSe solicita  de un TPS o Estatus de Proteccià ³n TemporalSolicitante de una  visa U por casos de và ­ctimas de violencia Và ­ctimas de violencia domà ©stica segà ºn la ley VAWA. Cà ³mputo de los dà ­as en los que se ha estado ilegalmente en Estados Unidos En la mayorà ­a de los casos es muy fcil saberlo. Si se ingresà ³ ilegalmente, desde ese dà ­a. Y si se ingresà ³ con una visa cuando finalizà ³ la fecha prevista en el documento que se conoce como I-94 registro de entrada y salida o la fecha de estatus (D/S, en inglà ©s).   Adems, en el caso de los que ingresaron como turistas o por negocios sin visa por ser de un paà ­s del Programa de Exencià ³n de Visados, como Espaà ±a o Chile, todo lo que exceda de 90 dà ­as es considerado como ilegal. Pero en ocasiones el cà ³mputo de lo que es presencia ilegal no es tan sencillo. En las siguientes situaciones se recomienda consultar con un abogado para intentar esclarecer realmente cul es la situacià ³n: Se ha esperado por una respuesta del USCIS a una aplicacià ³n despuà ©s de la fecha mxima de estancia permitidaEspera durante caso de deportacià ³n ante un juez. Quà © se puede hacer si realmente se ha estado ilegal por ms de 6 meses y se quiere sacar una visa Existen posibilidades de solicitar un perdà ³n, que va a depender de si se quiere una visa no inmigrante o se tiene una aplicacià ³n de visa de inmigrante y à ©sta ha sido negada por presencia ilegal previa. Es importante conocer los mecanismos, quà © es posible y cà ³mo. Tambià ©n es fundamental informase sobre la condena ms dura que aplica para los casos de las personas que regresan ilegalmente a los Estados Unidos por aplicacià ³n de la prohibicià ³n​ permanente. Este es un artà ­culo informativo. No es asesorà ­a legal.

Potential Strategic Problems Facing Human Resource Managers (HRM) Assignment - 1

Potential Strategic Problems Facing Human Resource Managers (HRM) Operating in Multi-National Companies (MNC) - Assignment Example The researcher states that multi-national companies are often located in other international countries apart from the parent country in which it was originally founded.   These multinational companies specialize in the production of a variety of goods or services that are distributed to their other branches in other countries. In addition, there are also those companies that deal with the provision of services that are also spread out in a number of countries all over the world. These include companies engaged in the finance and property investment sector. Banks are often located in various locations all over the world such as Barclays which has its parent country in the United Kingdom but has got branches all over the world. These multinational companies have got high annual sales likely to surpass the economic output of some medium-sized countries. This is realized in the example of General Motors and Shell which have got annual sales higher than the economic output of countries like South Africa and Nigeria. There are about 63,000 multinational companies currently in operation in various locations in the world. These companies contribute to about two-thirds of the global trading activities injecting 80 percent of the investment currently circulating in the money market. Multinational companies enjoy a variety of benefits while operating in other host countries. These include physical proximity to markets whereby they are exposed to larger markets owing to their local and international presence. They also receive host country incentives that are aimed at increasing investment in these countries hence internationalizing production of their products and services. There are numerous challenges that HRM faces when managing members of staff in an organization. Human beings, owing to their cultural, social, political and economic diversity have presented challenges not only to HRM but also among themselves as they seek to interact. The situation is thus made more complex by the relatively higher staffing requirements of MNC. However, such multinational companies pose significant challenges to the human resource managers (HRM) resulting to the complex structures involved in the development of multinational companies (MNC).

How to use a Wood Material in Computer Hard Disc Drives Case Study

How to use a Wood Material in Computer Hard Disc Drives - Case Study Example A hard disk drive is made up of aluminum and a mixture of other non-biodegradable materials. These two components are expensive; hence, it is essential to come up with new, cheap and easily available materials to be used as alternatives in the manufacture of hard disks. This will result in a decline in the cost of producing and installing the hard disks. Wood is a cheap and readily available product that can be used in the manufacture of hard disks. The use of wood materials will allow for the production of affordable hard disk drives, as well as increase the efficiency of hard drives. This report will demonstrate how wood can be used as an alternative material in the manufacture of effective and efficient hard disks. To start with, the report will discuss the main components of a hard drive, the function and choice of material of each part. II. Breakdown of the Main Parts of the Hard Disk and the Function of Each Part The computer hard drive is made up of several components with dif ferent functions, as discussed below. These internal components are very sensitive to dirt and dust and, therefore, hard drives should never be opened (Born, 1997). The following figure shows the major components of a hard disk. Figure 1: Components of a hard drive 1. Cover It is also known as the drive casing and it is rectangular box that holds and covers all the internal components of the hard drive (Born, 1997). ... The speed of rotation increases with the increase in file size and speed of transfer (Braun, 2009). 3. Platters They are located at the centre of the disk and are used to store the computer data. The number of platters in a disk may vary depending on the capacity of the disk. They are made from a non-magnetic material, mostly aluminum alloy, ceramic or glass (Hdd-tool, 2010). Aluminum alloy was initially used but today the desire for higher density has resulted in the use of glass platters. Glass platters are also preferred since they are more stable thermally and offer greater rigidity (Born, 1997). All platters are coated with a layer of a magnetic material and an outer layer of Carbon for protection purposes. The platters are rotated by the spindle at a certain speed resulting in creation of air pressure that is responsible for lifting the read and write heads of the platters. In the event of more than one platter on a single drive, the distance between the platters is usually ver y precise. Data on the drive may be lost forever if the platters gets misaligned (Born, 1997). 4. Read and Write Heads They are also known as heads and they read and write magnetic information to and from the platter. The heads read data more efficiently the more close they are to the platter. However, a close-mounted head may have contact with the platter and this may damage the disk and the information stored in it (IBM, 2000). 5. Actuator Arms They move the read and write heads to the suitable area of the platter. The head of the hard disk is mounted on the actuator arm and it moves it in order to read and write data correctly (Lamberton, 2007). It also helps in keeping the head at an optimal distance from the platter so as to protect the disk as well as preserve its speed and

The United States Interaction with the International Court of Justice O

The United States Interaction with the International Court of Justice Over Consular Rights: How Our Refusal to Obey Is Impacting Foreign Nationals and American Citizens On January 9, 2003, Mexico initiated proceedings before the International Court of Justice against the United States of America concerning the alleged violations of Articles 5 and 36 of the Vienna Convention; basically, claiming that the United States is not honoring the consular rights of foreign nationals within the United States . While the proceedings of this case continue on, as they will into 2004, it is engaging and instructive to look at the realities of consular notification in the United States. I have chosen to focus on Mexican and American interactions not just because they are the two countries involved in the case before ICJ, but because the countries are so close, and because the issue arises so frequently. According to Mark Warren, director of Human Rights Research, an Ottawa, Canada-based company that monitors international developments regarding the death penalty, â€Å"there are more then 50 Mexican citizens under sentence of death in the US, many of whose cases, in fact, Mexico would argue all of them, involve violations of international law† (personal interview, 10/6/03). Through an examination of the Vienna Convention on Consular Relations (VCCR), American interpretation of this treaty, the role of Mexican consulates in America, and the worldwide repercussions of American actions, I hope to broadly discuss this topic and possible solutions. It is further instructive to investigate the United States interactions with the World Court in previous cases, and possible implications of sub-par consular notification with respect to the current, post-9... ...Grand Case (Germany vs. the United States). Press release June 27, 2001: The Hague International Court of Justice. Mexico brings a case against the United States of America and requests the indication of provisional measures. Press release January 10, 2003: The Hague. James, Anne, and Mark Warren. Equal Protection: Consular Assistance and Criminal JusticeProcedures in the USA. Woodbridge: The International Justice Project, 2002. Rubin, James P. United States Department of State Press Statement. 4 November 1998. Warren, Mark. â€Å"Article 36 Update: Consular Rights in America: Issue 21.† Email to Tambi Cork. 6 May 2003. Warren, Mark. Personal Interview. 6 October 2003. World View Commentary. Ed. Doug Cassel. 8 July 2003. Northwestern University School of Law. 10 November 2003

Internet regulation vs Freedom of Speech Essay

MGM v. Grokster case determines the file sharing software. Grokster is a software development company that makes peer-to-peer file sharing software making it possible for all users to share files. However, one possibility with the usage of this software is that some users start sharing copyrighted files. Most commonly copyrighted music mp3 files are shared. In this case court determined that whether making of such software can be regulated. Proponents argue that file sharing is very popular and important technology implemented today in several companies for important business tasks. It is also commonly used by individuals for normal sharing of files for important reason. Only for just one reason it is not possible to shut down the whole business. This is just beginning of the exploration of current use of technology which may expand later. Court determined that whether Grokster should be liable for this file sharing that involves copyrighted material. The pro of this case is that today as we’re bound with each other via world wide networking, it has changed the way of our living. Regulating things going on Internet has recently affected our legislations. With internet networking we can easily connect together and communicate. However, recently several cases have emerged and made it more complex to handle people communicating on the internet. There is another law case that is very hot these days, a Yahoo case. Yahoo has been disgraced in France and now fighting with Chinese government on several issues of free speech. All legal aspects of internet regulation include several security measures and protection from threats. In addition, the way of communication on the Internet has made it much easier for anyone to pass any remarks to any person far away from the location. Speech and communication on the internet has to be regulated in order to protect people from any kind of abuse. According to the Judge decision of freedom of speech that the Yahoo had the right in favor it. The con of this case is that though, we know that all humans have rights. Freedom of speech is one of the rights an individual have by birth, but this right has a limitation as well. The limitation is decided by the exposure of the speech on makes in his social environment. Freedom of speech is a right until this freedom doesn’t hurdle the other’s same right. And if this come to happen the ‘right’ of one rests no more with him. Many firms and legislations are now restricting making use of language and topics on the communication board and email. For example, many big firms like Mircrosoft do not allow specific topics to be discussed on their forums. In China a journalist was imprisoned because of the fact that he forwarded an email that contained an inappropriate language terms. Many U. S. firms are now help resolving issues in China regarding communication. Different law now governs freedom of speech on the Internet. Whatever the case it must now be the matter of great concern to regulate everything that is going on Internet. Similarly, USA and other countries several such cases were detected. Many groups, forums and companies do not allow free talk on politics and religion in order to avoid hot debates involved on these topics. In the present circumstances, especially whereby the social environment has become digital, it’s become very crucial to maintain an equilibrium so that each one can enjoy his right of freedom of speech in the most effective way. The most prominent platform for present digital social environment is ‘internet’ which has not only reduced the distances among the continents, but has also opened the opportunities for individuals to have their say on broader channels. This outgrowth in the outreach of common man’s voice has lead him to be confident on one hand and made others to suffer from the un censored voice. Law gives the right to speech, freedom of thought, freedom of choice, freedom of choosing a religion and changing beliefs. Though we have right for freedom of expression but this does not determine that we can use abusive language, make false statements, and defame others. References Internet Regulation law. Retrieved from http://bubl. ac. uk/LINK/i/internetregulation-law. htm Kirby, Carrie (2005). Chinese Internet vs. free speech Hard choices for U. S. tech giants Retrieved from http://www. sfgate. com/cgi-bin/article. cgi? file=/c/a/2005/09/18/MNGDUEPNLA1. DTL&type=tech Supreme Court Hears Two Cases Critical For Future Of Online Free Speech. Retrieved from http://www. aclu. org/scotus/2004/13918prs20050329. html