New T2 required on RC's return from leave?

Law and practice Mental Health Act
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We have a patient whose 3-month rule expired during a period their RC being on leave. The covering RC completed the T2.
My question is Should a new T2 be completed by the patient’s RC following their leave?

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Yes. Having a T2 completed by someone other than the regular RC would not be correct.

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Yes, the T2 should be completed by the current RC once they return from leave.

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Think I might have given my opinion about this on another forum but anyway;

Firstly, completion of form T2 is not a function of the RC, it’s for the AC in charge of the treatment and the Act does not recognise ‘covering’ or ‘regular’ versions of that practitioner.

Secondly, neither the wording of the Act nor the associated regulations point to the need for a fresh T2 when there is a change of AC and rightly so, otherwise there would need to be a fresh form upon each change of shift and every period of leave and return.

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Hi Guy. You are of course correct on the RC/AC issue, though in the vast majority of cases they are the same person. The CoP notes that a T2 ceases to authorise treatment when there is a permanent change of AC.

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The code is making it up! There is no such thing in the Act as a ‘permanent change’ and the code cannot make the law.

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‘he has consented to that treatment and either the approved clinician in charge of it or a registered medical practitioner appointed for the purposes of this Part of this Act by the regulatory authority has certified in writing that the patient is capable of understanding its nature, purpose and likely effects and has consented to it’ s58(3)(a)

‘The approved clinician in charge of it’ could not I think readily be interpreted ‘as any previous AC in charge of it’ so I’m not sure your interpretation is correct Guy. Clearly the CoP is one of the associated regulations you refer to. I’m sure that Parliament did not envisage changes of form with every shift, but the position adopted in the Code appears reasonable to me and is the position adopted in virtually every NHS trust.

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Secondly, neither the wording of the Act nor the associated regulations point to the need for a fresh T2 when there is a change of AC and rightly so, otherwise there would need to be a fresh form upon each change of shift and every period of leave and return.

Correct. However, people tend to believe the CQC in preference to the law.