Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999

7 Medical practitioner or responsible clinician to consult

• The principal Act is amended by inserting, after section 7, the following section:

  “7A

  • “(1) In this section, practitioner means—

    • “(a) A medical practitioner conducting an assessment examination of a proposed patient under section 9; and

    • “(b) A responsible clinician providing an assessment of, or treatment to, a patient.

    “(2) A practitioner must consult the family or whanau of the proposed patient or patient. This subsection is subject to subsection (3).

    “(3) Subsection (2) does not apply if the practitioner has reasonable grounds for deciding that consultation—

    • “(a) Is not reasonably practicable; or

    • “(b) Is not in the best interests of the proposed patient or patient.

    “(4) In deciding whether or not consultation with the family or whanau is in the best interests of a proposed patient or patient the practitioner must consult the proposed patient or patient.

    “(5) A practitioner must apply any relevant guidelines and standards of care and treatment issued by the Director General of Health under section 130, when—

    • “(a) Deciding when and how to consult the family or whanau, or the proposed patient or patient; and

    • “(b) Deciding whether or not consultation with the family or whanau is reasonably practicable; and

    • “(c) Deciding whether or not consultation with the family or whanau is in the best interests of the proposed patient or patient.”