Mental Health (Compulsory Assessment and Treatment) Act 1992

8B Certificate to accompany application for assessment

(1)

This section applies when—

(a)

a health practitioner is asked, by an applicant, to issue a certificate to accompany the application form; or

(b)

a health practitioner is the applicant and wishes to issue a certificate to accompany his or her application form.

(2)

A health practitioner to whom subsection (1)(a) applies must not issue a certificate if he or she is related to the applicant or to the person.

(3)

A health practitioner to whom subsection (1)(b) applies must not issue a certificate if he or she is related to the person.

(4)

The health practitioner must—

(a)

examine the person; and

(b)

if he or she considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder, issue the certificate.

(5)

The certificate must—

(a)

state that the health practitioner has examined the person:

(b)

state the date of the examination:

(c)

state that the health practitioner considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder:

(d)

set out full particulars of the reasons for that opinion, explaining in what way the health practitioner believes that the person’s condition may come within the statutory definition of mental disorder:

(e)

state that the health practitioner is not related to the person or to the applicant (except when the health practitioner is the applicant).

(6)

In this section,—

health practitioner means—

(a)

a medical practitioner; or

(b)

a nurse practitioner; or

(c)

a registered nurse practising in mental health

registered nurse practising in mental health means a health practitioner who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of a person’s mental capacity; and

(b)

holds a current practising certificate.

Section 8B: inserted, on 1 April 2000, by section 8 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 8B heading: replaced, on 31 January 2018, by section 7(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(1)(a): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(1)(b): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(2): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(3): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(4): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(5)(a): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(5)(c): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(5)(d): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(5)(e): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 8B(6): inserted, on 31 January 2018, by section 7(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).