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 forceCommencement orderMHA 2007 sectionMHA 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

Training materials on Welsh "HOWIS" website

INFORMATION


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