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The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

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Procedure for and record of hospital admissions

4.—(1) For the purposes of admission to hospital under Part 2 of the Act —

(a)any application for admission for assessment under section 2 must be in the form set out—

(i)where made by the nearest relative, in Form HO 1;

(ii)where made by an approved mental health professional, in Form HO 2;

(b)any medical recommendations for the purposes of section 2 must be in the form set out—

(i)in the case of joint recommendations, in Form HO 3,

(ii)in any other case, in Form HO 4;

(c)any application for admission for treatment under section 3 must be in the form set out—

(i)where made by the nearest relative, in Form HO 5,

(ii)where made by an approved mental health professional, in Form HO 6;

(d)any medical recommendations for the purposes of section 3 must be in the form set out—

(i)in the case of joint recommendations, in Form HO 7,

(ii)in any other case, in Form HO 8;

(e)any emergency application under section 4 must be in the form set out—

(i)where made by the nearest relative, in Form HO 9,

(ii)where made by an approved mental health professional, in Form HO 10;

(f)any medical recommendation for the purposes of section 4 must be in the form set out in Form HO 11;

(g)any report made under subsection (2) of section 5 (detention of patient already in hospital for 72 hours) by—

(i)the registered medical practitioner or approved clinician in charge of the treatment of the patient, or

(ii)any such person nominated by the registered medical practitioner or approved clinician to act for them

must be in the form set out in Part 1 of Form HO 12 and the hospital managers must record receipt of that report in Part 2 of that Form;

(h)any record made under subsection (4) of section 5 (power to detain an in-patient for a maximum of 6 hours) by a nurse of the class for the time being prescribed for the purposes of that subsection(1) must be in the form set out in Form HO 13.

(2) For the purposes of rectifying applications or recommendations under section 15, the managers of the hospital to which a patient has been admitted in pursuance of an application for assessment or for treatment may authorise in writing an officer on their behalf —

(a)to consent under subsection (1) of that section to the amendment of the application or any medical recommendation given for the purposes of the application;

(b)to consider the sufficiency of a medical recommendation and, if the recommendation is considered insufficient, to give written notice as required by subsection (2) of that section.

(3) Where a patient has been admitted to a hospital pursuant to an application under section 2, 3 or 4, a record of the same must be made by the managers of that hospital in the form set out in Form HO 14 and be attached to the application or, as the case may be, recommendation.

(4) For the purposes of any medical recommendation under sections 2, 3 and 4 (admission for assessment, admission for treatment and admission for assessment in cases of emergency respectively) in the case of—

(a)a single recommendation made in respect of a patient whom a doctor has examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(b)joint recommendations made in respect of a patient whom both doctors have examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(c)joint recommendations made in respect of a patient whom one doctor has examined in Wales and one doctor has examined in England, the medical recommendation must either be in the form required by these Regulations or in the form required by Regulations made by the Secretary of State to similar effect for England.

(1)

See the Mental Health (Nurses) (Wales) Order 2008 (S.I. 2008/2441(W.214)).

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