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MENTAL HEALTH ACT 2007 - SECT 91 Informed consent requirements

MENTAL HEALTH ACT 2007 - SECT 91

Informed consent requirements

91 Informed consent requirements

(cf 1990 Act, s 183)

(1) A person is taken to have given informed consent to the administration of electro convulsive therapy if the person gives a free, voluntary and written consent after this section is complied with.
(2) The following steps must be taken before consent is obtained--
(a) a fair explanation must be made to the person of the techniques or procedures to be followed, including an identification and explanation of any technique or procedure about which there is not sufficient data to recommend it as recognised treatment or to reliably predict the outcome of its performance,
(b) a full description must be given, without exaggeration or concealment, to the person of any possible discomforts and risks of the treatment (including possible loss of memory),
(c) a full description must be given to the person of any expected benefits of the treatment,
(d) a full disclosure must be made, without exaggeration or concealment, to the person of any appropriate alternative treatments that would be advantageous to the person,
(e) an offer must be made to the person to answer any inquiries concerning the procedures or any part of them,
(f) the person must be given notice that the person is free to refuse or to withdraw consent and to discontinue the procedures or any part of them at any time,
(g) a full disclosure must be made to the person of any financial relationship between the person proposing the administration of the treatment or the administering medical practitioner, or both, and the facility in which it is proposed to administer the treatment,
(h) the person must be given notice of their right to obtain legal and medical advice and to be represented before giving consent,
(i) any question relating to the techniques or procedures to be followed that is asked by the person must have been answered and the answers must appear to have been understood by the person,
(j) a form setting out the steps in this subsection is to be given to the person and an oral explanation of the matters dealt with in the form is to be given to the person in a language with which the person is familiar.
(3) The regulations are to prescribe forms setting out the steps to be taken before obtaining informed consent to electro convulsive therapy.