Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
"Responsible clinician" is defined in s34 as:
- (a) in relation to a patient liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment, or a community patient, the approved clinician with overall responsibility for the patient's case;
- (b) in relation to a patient subject to guardianship, the approved clinician authorised by the responsible local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible clinician
"Approved clinician" is defined in s145 as:
- ... a person approved by the Secretary of State (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act
In contrast with a Responsible Medical Officer, an RC does not need to be a doctor. However, sometimes a doctor is still required, for example the recommendations for initial detention under section 2 or 3 must be made by a registered medical practitioner.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 1/4/08 | Mental Health Act 2007 (Commencement No. 4) Order 2008 | 17 | s142A |
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | 9 | s5, s17, s20, s21B, s23, s24, s25, s34 |
| " | " | 10 | s35, s36, s37, s38, s41, s44, s45A |
| " | " | 11 | s50, s51, s52, s53, s54, s55, sch 1 pt 2 para 3 |
| " | " | 12 | s57, s58, s61, s62, s63, s64 |
| " | " | 13 | s67, s76, s79 |
| " | " | 14 | s118, s120, s121, s134, s145 |
| " | " | 15 | [Other Acts, including CPIA 1964 s5A(4)] |
| " | " | 16 | s12 |
| " | " | s55, sch 11 | s20, s21B, s61 |
Related changes
New procedure for renewal of detention 3/11/08
Approved Mental Health Professional replaces Approved Social Worker 3/11/08
External links
NIMHE: Mental Health Act 2007 New Roles: Guidance for approving authorities on Approved Mental Health Professionals and Approved Clinicians - Published 22/10/08
NIMHE: New Roles Early Implementer Site Project - Nurses etc becoming approved clinicians and AMHPs - published March 2009
INFORMATION
Changes made by MHA 2007 category:
- New procedure for renewal of detention
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Approved Mental Health Professional replaces Approved Social Worker
- Supervised Community Treatment replaces Supervised Discharge
- Mental disorder no longer split into separate classifications
- Some exclusions to definition of mental disorder have been removed
- Hospital directions under s45A apply to any mental disorder
- New definition of medical treatment
- Civil partners are treated as if married when determining nearest relative
- Additional safeguards for ECT introduced in new s58A
- Treatment while under SCT is covered by new Part 4A
- NHS Foundation Trusts discharge power problem remedied
- Patients can be transferred between places of safety under s135 and s136
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Restriction orders can no longer be time-limited
- Legal status of Code of Practice set out in Act
- New Independent Mental Health Advocate scheme
- New requirements for age-appropriate accommodation for children
- Fundamental principles set out in Act and included in Code of Practice
- Automatic reference scheme under s68 changed
- Minor drafting error in MCA 2005 corrected
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Limitation to the exceptions to the duty to instruct IMCA
- Reference to Local Health Boards inserted into Act
- Procedure for making of instruments by Welsh Ministers set out
- Organisation of Mental Health Review Tribunal changed
- Transitional provisions until full implementation of MHA 2007
- New cross-border arrangements for leave and transfer
- New regulations on conflicts of interest
- SOAD certificate becomes invalid when patient loses or gains capacity
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
All information categories:
- Aftercare
- Changes made by MHA 2007
- Coronavirus
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- Forms
- General information pages
- Glossary pages
- International law
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- Legislation overviews
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What links here:
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- April 2009 chronology
- April 2009 update
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- MHA 1983 s118
- MHA 1983 s12
- MHA 1983 s120
- MHA 1983 s121
- MHA 1983 s134
- MHA 1983 s142A
- MHA 1983 s145
- MHA 1983 s17
- MHA 1983 s20
- MHA 1983 s21B
- MHA 1983 s23
- MHA 1983 s24
- MHA 1983 s25
- MHA 1983 s34
- MHA 1983 s35
- MHA 1983 s36
- MHA 1983 s38
- MHA 1983 s41
- MHA 1983 s44
- MHA 1983 s45A
- MHA 1983 s45B
- MHA 1983 s46
- MHA 1983 s49
- MHA 1983 s5
- MHA 1983 s50
- MHA 1983 s51
- MHA 1983 s52
- MHA 1983 s53
- MHA 1983 s54
- MHA 1983 s55
- MHA 1983 s57
- MHA 1983 s58
- MHA 1983 s61
- MHA 1983 s63
- MHA 1983 s64
- MHA 1983 s67
- MHA 1983 s76
- MHA 1983 sched 1
- Mental Health Act 2007 Overview
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- NHS Foundation Trusts discharge power problem remedied
- New Independent Mental Health Advocate scheme
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician