5,416
edits
Difference between revisions of "Mental Health Act: Consent to Medical Treatment (14:VI)"
Jump to navigation
Jump to search
Mental Health Act: Consent to Medical Treatment (14:VI) (view source)
Revision as of 16:36, 20 October 2016
, 16:36, 20 October 20162016 update
Desy Wahyuni (talk | contribs) |
(2016 update) |
||
| Line 29: | Line 29: | ||
If a personal guardian or representative refuses consent, the health care may be provided despite the refusal in an emergency if the person refusing consent did not comply with their duties under the HCCFA or any other act (HCCFA, s 12.2). | If a personal guardian or representative refuses consent, the health care may be provided despite the refusal in an emergency if the person refusing consent did not comply with their duties under the HCCFA or any other act (HCCFA, s 12.2). | ||
A temporary substitute decision maker (TSDM) can be chosen by the care provider in accordance with HCCFA, s 16. See HCCFA, ss 16-19 for the authority and duties of a TSDM. | A temporary substitute decision maker (TSDM) can be chosen by the care provider in accordance with HCCFA, s 16. See HCCFA, ss 16-19 for the authority and duties of a TSDM. There is a statutory list of those assigned to be a TSDM, beginning with a spouse, and moving down. More details can be found in Chapter 15: Adult Guardianship. | ||
In situations where a mentally ill person is judged to be incapable of making a health care decision, the provisions for a substitute decision maker under the HCCFA continue to apply. However, if the person is declared an involuntary patient under s 22 of the MHA, then psychiatric treatment can be provided under the deemed consent provisions of s 32 of the MHA. | In situations where a mentally ill person is judged to be incapable of making a health care decision, the provisions for a substitute decision maker under the HCCFA continue to apply. However, if the person is declared an involuntary patient under s 22 of the MHA, then psychiatric treatment can be provided under the deemed consent provisions of s 32 of the MHA. | ||
| Line 37: | Line 37: | ||
When admitted to a mental health facility, voluntary patients (or their committees, parents, guardians or representatives) may be asked to sign a “consent to treatment” form, which purports to “authorize the following treatment(s)”. There is no basis in law for requiring this form be signed as a prerequisite of a voluntary admission, but the law does not prohibit such a requirement. | When admitted to a mental health facility, voluntary patients (or their committees, parents, guardians or representatives) may be asked to sign a “consent to treatment” form, which purports to “authorize the following treatment(s)”. There is no basis in law for requiring this form be signed as a prerequisite of a voluntary admission, but the law does not prohibit such a requirement. | ||
Under the HCCFA, it is unlikely that mere signing of this form constitutes informed consent to treatment. Consent will be considered to be “informed” only where the patient has been informed of the nature of the risks and benefits of the specific treatment and of alternative treatments, and has agreed to be subject to the treatment. | Under the HCCFA, it is unlikely that mere signing of this form constitutes informed consent to treatment. Consent will be considered to be “informed” only where the patient has been informed of the nature of the risks and benefits of the specific treatment and of alternative treatments, and has agreed to be subject to the treatment. Signing the form may not be sufficient to indicate informed consent on its own. | ||
=== 1. Refusal to Sign Consent Treatment Form: Possible Consequences === | === 1. Refusal to Sign Consent Treatment Form: Possible Consequences === | ||
| Line 43: | Line 43: | ||
A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | ||
Under the PPA hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing his or her person. Minor changes were made to the PPA in September 2011 | Under the PPA hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing his or her person. Minor changes were made to the PPA in September 2011. Under the PPA, a legal guardian or public trustee is appointed as committee to give consent for the patient. It is not sufficient for a family member to give consent for a voluntary informal patient without first obtaining legal guardianship or committeeship, or becoming a substitute decision maker under the HCCFA. | ||
The ''Adult Guardianship and Planning Statutes Amendment Act'' was to come into force as of September 2011; however, not all planned changes in fact occurred at that time. The planned changes could in the future allow an application for court appointment of a guardian to be made if the requirements of s 5 of Part 2 (not currently in force) of the ''Adult Guardianship Act'' are met, including two medical assessment reports. See [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15 – Guardianship]] for more information, and check the current version of the AGA to see which sections are currently in force. | The ''Adult Guardianship and Planning Statutes Amendment Act'' was to come into force as of September 2011; however, not all planned changes in fact occurred at that time. The planned changes could in the future allow an application for court appointment of a guardian to be made if the requirements of s 5 of Part 2 (not currently in force) of the ''Adult Guardianship Act'' are met, including two medical assessment reports. See [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15 – Guardianship]] for more information, and check the current version of the AGA to see which sections are currently in force. | ||
The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a temporary substitute decision maker (TSDM) and/or claiming that a state of emergency exists such that the patient must be treated without his or her consent | The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a temporary substitute decision maker (TSDM) and/or claiming that a state of emergency exists such that the patient must be treated without his or her consent. | ||