(1) Health care, other than special health care, of an adult may be carried
out without consent if the adult’s health provider reasonably considers—
(a) the adult has impaired capacity for the health matter concerned; and
(b)
either—
(i) the health care should be carried out urgently to meet imminent
risk to the adult’s life or health; or
(ii) the health care should be
carried out urgently to prevent significant pain or distress to the adult and
it is not reasonably practicable to get consent from a person who may give it
under this Act or the Powers of Attorney Act 1998.
(2) However, the
health care mentioned in subsection (1) (b) (i) may not be carried out without
consent if the health provider knows the adult objects to the health care in
an advance health directive.
(3) However, the health care mentioned in
subsection (1) (b) (ii) may not be carried out without consent if the health
provider knows the adult objects to the health care unless—
(a) the adult
has minimal or no understanding of 1 or both of the following—
(ii)
temporary distress that is outweighed by the benefit to the adult of the
health care.
(4) The health provider must certify in the adult’s clinical
records as to the various things enabling the health care to be carried out
because of this section.
(5) In this section—
"health care" , of an adult, does not include withholding or withdrawal of a
life-sustaining measure for the adult.
