Adult without decision-making capacity

Current

(1)

This section applies to a person who—

(a)

is an adult; and

(b)

does not have decision-making capacity to consent to the administration of electroconvulsive therapy.

(2)

Electroconvulsive therapy may be administered to the person if—

(a)

the person has an advance consent direction consenting to electroconvulsive therapy; and

(b)

it is administered in accordance with the direction; and

(c)

the person does not refuse or resist.

(3)

Also, electroconvulsive therapy may be administered to the person if—

(a)

it is administered in accordance with an electroconvulsive therapy order or an emergency electroconvulsive therapy order in force in relation to the person; and

(b)

either—

(i)

the person does not refuse or resist; or

(ii)

a psychiatric treatment order or a forensic psychiatric treatment order is also in force in relation to the person.

This Act’s bill:Explanatory statement Second reading speech

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149 Adult without decision-making capacity