MENTAL HEALTH ACT 2007 - SECT 93 When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16

MENTAL HEALTH ACT 2007 - SECT 93

93 When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16

(cf 1990 Act, s 185)

(1) Electro convulsive therapy may be administered to a person (other than an involuntary patient or a person who is under the age of 16 years) if--

(a) the person is capable of giving informed consent to the treatment and has given informed consent to the treatment, including a written consent in the form prescribed by the regulations, and

(b) a certificate is given under this section by at least 2 medical practitioners, at least one of whom is a psychiatrist.

(2) A certificate under this section is a certificate in writing that, after considering the clinical condition and history of treatment of, and any appropriate alternative treatments for, the person, the medical practitioners are of the opinion that electro convulsive therapy is--

(a) a reasonable and proper treatment to be administered to the person, and

(b) necessary or desirable for the safety or welfare of the person.

(3) An authorised medical officer who is unsure whether a person is capable of giving informed consent may apply to the Tribunal for an ECT consent inquiry to determine whether the person is capable of giving informed consent and has given that consent.