MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 72 Application of Part

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 72

    (1)     This Part applies to the administration of a medical research procedure to an adult who does not have decision-making capacity in relation to the procedure.

    (2)     If a person is likely to recover decision-making capacity within a reasonable time to make a medical treatment decision in relation to a medical research procedure, a medical research practitioner must not administer the medical research procedure to that person under this Part.

    (3)     For the purposes of subsection (2), a reasonable time is the time by which, given the nature of the relevant research project, the procedure would need to be administered to the person, having regard to the following—

        (a)     the medical or physical condition of the person;

        (b)     the stage of medical treatment or care;

        (c)     other circumstances specific to the person.