Abstract
I would like to bring to light an apparent oversight in the new statutory rules relating to consent to treatment by the mentally ill and mentally handicapped. This will have very serious consequences for the management of patients who are on short-term detention orders. The provisions relating to consent to treatment set out in Part IV of the Mental Health Act 1983 are the first attempt to cover by statutory controls the doctor's clinical freedom to prescribe treatment for his compulsorily detained patient. In addition, certain of the new provisions (which take effect from 30 September 1983) apply to the voluntary patients as well.
Highlights
I would like to bring to light an apparent oversight in the new statutory rules relating to consent to treatment by the mentally ill and mentally handicapped
The provisions relating to consent to treatment set out in Part IV of the Mental Health Act 1983 are the first attempt to cover by statutory controls the doctor's clinical freedom to prescribe treatment for his compulsorily detained patient
The scheme for consent to treatment is as follows: Section 57, which covers surgery, involving the destruction of brain tissue or its functioning, plus other treatments to be specified by the Secretary of State, requires the following conditions: (a) the consent of the patient; (b) the certification of this consent by an independent doctor and two approved nonmedical persons; (c) a certification by the same independent medical practitioner that the treatment should be given; (d) consultation by this doctor with two persons professionally concerned with the patient's medical treatmentone of whom must be a nurse, and the other neither nurse nor a medical practitioner
Summary
I would like to bring to light an apparent oversight in the new statutory rules relating to consent to treatment by the mentally ill and mentally handicapped. The provisions relating to consent to treatment set out in Part IV of the Mental Health Act 1983 are the first attempt to cover by statutory controls the doctor's clinical freedom to prescribe treatment for his compulsorily detained patient.
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