14 The Mental Capacity Act 2005 - implications for health care, impact on nursing
Matter for discussion submitted by the RCN South West Durham Branch
That this meeting of RCN Congress discusses the implications of the new regulations relating to the Mental Capacity Act and the powers of Lasting Power of Attorney on nurses
Work led by the RCN Nursing Development Committee.
The debate at Congress focussed on a number of issues relating to the implementation of the Act. A national conference on the Mental Capacity Act 2005 (MCA), took place in spring 2008 where its legal and ethical aspects were discussed by experts and implications for practice regarding vulnerable groups such as the elderly were explored. This event allowed for the sharing of information regarding the legislation, and real examples of its implications in clinical practice. Subsequently, the RCN has updated its knowledge management system at RCN Direct to give members and advisers access to appropriate resources relating to the MCA and its implications for nursing practice.
An MCA study day which was well attended by nurses and carers from the acute and independent sector has been held in Wales, along with two seminars on MCA and its relevance to consent. A conference paper has been presented on the implications of the MCA to the annual peri-operative conference held in October 2008.
In November 2008, the RCN Nursing Department was briefed by the Department of Health MCA implementation lead. All nursing advisors have now been updated and RCN learning representative leads have been briefed. In the light of recent legislation, updated material on the deprivation of liberty safeguards were added to the RCN Direct knowledge resources.
Consultations related to the MCA have been considered by the RCN Nursing Department and where appropriate have been responded to in conjunction with membership groups such as forums.
As a result of these activities resources are now available to members from RCN Direct, along with signposting to the resources held by statutory and non statutory organisations. These will enable members to carry out their obligations to clients (and to the NMC Code of Conduct, which now specifically addresses the MCA under the principle of consent). The benefits to the public are that members of the RCN will have access to information that enables them to exercise their duties and responsibilities under the MCA in a safe, effective and patient centred manner.