Part 16Medical treatment
Safeguards for certain surgical operations etc.
I1235Treatment mentioned in section 234(2): patients capable of consenting
1
Medical treatment mentioned in section 234(2) of this Act is given to a patient in accordance with this section if the requirements set out in subsections (2) and (3) below are satisfied.
2
Subject to subsection (6) below, the first requirement is that a designated medical practitioner who is not the patient’s responsible medical officer certifies in writing that—
a
the patient is capable of consenting to the treatment;
b
the patient consents in writing to the treatment; and
c
having regard to the likelihood of its alleviating, or preventing a deterioration in, the patient’s condition, it is in the patient’s best interests that the treatment should be given to the patient.
3
The second requirement is that two other persons (not being medical practitioners) appointed by the Commission for the purposes of this subsection certify in writing that—
a
the patient is capable of consenting to the treatment; and
b
the patient consents in writing to the treatment.
4
A person appointed for the purposes of subsection (3) above may—
a
interview the patient at any reasonable time; and
b
require any such interview to be conducted in private.
5
If the patient withdraws consent to the treatment (in writing or otherwise) at any time before its completion, this section shall then apply as if the remainder of the treatment were a separate treatment.
6
Where—
a
the patient is a child; and
b
the patient’s responsible medical officer is not a child specialist,
the first requirement is that the matters mentioned in paragraphs (a) to (c) of subsection (2) above are certified in writing by a designated medical practitioner who is a child specialist.
7
References in subsections (2) and (6)(b) above to a patient’s responsible medical officer include, in any case where a patient does not have a responsible medical officer, references to the medical practitioner primarily responsible for treating the patient.