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NURSE’S POWER TO DETAIN. SECTION 299 – FLOWCHART
NO
Check time and contact duty
doctor to request urgent
assessment.
*refer to full guidance document for further information.
An informal patient with a mental disorder is in
hospital receiving medical treatment* and wants to
leave. The nurse is concerned about this. The
doctor is not immediately available.
Patient waits for medical
assessment.
Cannot detain under
Section 299.
Consider, if necessary, to prevent the
patient from leaving using duty of care if
safe to do so (to save life or prevent
serious deterioration).
Is the nurse of the prescribed
class (RMN, RNLD)?
Explain to patient that you are
using Section 299 to detain, to
prevent them from leaving.
Use the minimum force necessary
to prevent the patient from
leaving if required.
NO
YES
YES
Patient agrees to remain until a
doctor can attend to carry out a
medical examination?
YES
Does the nurse consider it necessary for
the protection of the health, safety or welfare
of the patient AND/OR the safety of any
other person that the patient be immediately
prevented from leaving hospital.
Nurse’s power to detain
lasts for up to two hours from the start
of Section 299 detention period to allow
for medical assessment.
Between one and two hours
of started detention period.
Nurse’s power to detain is
extended from the time the doctor
arrives for up to one hour to allow for
medical assessment.
Medical assessment
carried out.
Inform MHO of detention
under Section 299.
Complete NUR1 form and deliver
to hospital managers.
Nurse’s power to detain
falls after two hours if doctor not
arrived within that time.
Managers send copy of
NUR1 to MWC within
14 days of receipt.
YES
YES
YES
NO
Doctor arrives?
Within one hour of
Section 299 applied.
NO
As soon as
practicable
NO
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