Part 1Amendments to Mental Health Act 1983
Chapter 2Professional roles
Approved clinicians and responsible clinicians
12Amendments to Part 4 of 1983 Act
1
Part 4 of the 1983 Act (consent to treatment) is amended as follows.
2
In section 57 (requirements as to certification for treatment requiring consent and a second opinion)—
a
in subsection (2)(a), for “responsible medical officer” substitute “
responsible clinician (if there is one) or the person in charge of the treatment in question
”
, and
b
in subsection (3), for the words from “, and of those persons” to the end substitute
but, of those persons—
a
one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and
b
neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.
3
In section 58 (requirements as to certification for treatment requiring consent or a second opinion)—
a
in subsection (3)—
i
in paragraph (a), for “responsible medical officer” substitute “
approved clinician in charge of it
”
, and
ii
in paragraph (b), for “responsible medical officer” substitute “
responsible clinician or the approved clinician in charge of the treatment in question
”
, and
b
in subsection (4), for the words from “, and of those persons” to the end substitute
but, of those persons—
a
one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and
b
neither shall be the responsible clinician or the approved clinician in charge of the treatment in question.
4
In section 61 (review of treatment)—
a
in subsection (1)—
i
for “by the responsible medical officer” substitute “
by the approved clinician in charge of the treatment
”
, and
ii
in paragraph (a), for “responsible medical officer” substitute “
responsible clinician
”
,
b
in subsection (2)(b), for “responsible medical officer” substitute “
responsible clinician
”
,
c
in subsection (3), omit the words “to the responsible medical officer”, and
d
after that subsection insert—
3A
The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.
5
In section 62(2)
(exception to discontinuance of treatment), for “responsible medical officer” substitute “
approved clinician in charge of the treatment
”
.
6
In section 63 (treatment not requiring consent), for “responsible medical officer” substitute “
approved clinician in charge of the treatment
”
.
7
In section 64 (supplementary provisions for Part 4)—
a
in subsection (1), for the words from “ “the responsible” to “treatment” substitute
“the responsible clinician” means the approved clinician with overall responsibility for the case
”
, and
b
after that subsection insert—
1A
References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment.