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The Mental Health (Safety and Security) (Scotland) Regulations 2005

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Conditions for taking of samples

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7.—(1) The taking of samples such as is mentioned in regulation 4(b) is subject to the conditions in paragraph (2).

(2) The conditions are that–

(a)the specified person’s consent to the taking of a sample shall be sought for the taking of each sample;

(b)where the specified person refuses to consent, subject to sub paragraph (c), a sample may be taken, if after the re assessment mentioned in regulation 5(b) that person’s responsible medical officer decides that the sample should be taken;

(c)physical force shall not be used in the taking of a sample;

(d)the specified person shall be afforded such a degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; and

(e)the sample shall be taken by members of staff authorised by the hospital managers to take such samples.

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