MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 93 Application to Tribunal to perform electroconvulsive treatment on a patient who is not a young person

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 93

    (1)     An authorised psychiatrist may make an application to the Tribunal to perform a course of electroconvulsive treatment on a patient who is not a young person if—

        (a)     the patient does not have the capacity to give informed consent to the performance of a course of electroconvulsive treatment on himself or herself; and

        (b)     the authorised psychiatrist is satisfied in the circumstances that there is no less restrictive way for the patient to be treated.

    (2)     In determining under subsection (1)(b) whether there is no less restrictive way for a patient to be treated, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—

        (a)     the views and preferences of the patient in relation to electroconvulsive treatment and any beneficial alternative treatments that are reasonably available and the reasons for those views or preferences, including any recovery outcomes the patient would like to achieve;

        (b)     the views and preferences of the patient expressed in his or her advance statement;

        (c)     the views of the patient's nominated person;

        (d)     the views of a guardian of the patient;

        (e)     the views of a carer of the patient, if authorised psychiatrist is satisfied that the decision to perform a course of electroconvulsive treatment will directly affect the carer and the care relationship;

        (f)     the likely consequences for the patient if the electroconvulsive treatment is not performed;

        (g)     any second psychiatric opinion that has been obtained by the patient and given to the psychiatrist.

    (3)     An authorised psychiatrist may make a further application under subsection (1) during or after the performance of a course of electroconvulsive treatment on a patient who is not a young person.