175Special medical treatment

175 Special medical treatment

175 Special medical treatment

(1) A person must not carry out special medical treatment on a child otherwise than in accordance with this section.

Penalty on indictment: imprisonment for 7 years.

Note.

An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.

(2) A medical practitioner may carry out special medical treatment on a child if—

(a) the medical practitioner is of the opinion that it is necessary, as a matter of urgency, to carry out the treatment on the child in order to save the child’s life or to prevent serious damage to the child’s health, or

(b) the Civil and Administrative Tribunal, in the case of special medical treatment described in paragraph (a), (b) or (c) of the definition of special medical treatment in subsection (5), consents to the carrying out of the treatment, or

(c) consent is granted to the carrying out of the treatment in accordance with the regulations, or

(d) the Secretary, in the case of special medical treatment described in paragraph (c1) of the definition of special medical treatment in subsection (5), grants an exemption under subsection (4A).

(3) Consent to the carrying out of special medical treatment on a child must not be given by the Civil and Administrative Tribunal unless the Civil and Administrative Tribunal is satisfied that it is necessary to carry out the treatment on the child in order to save the child’s life or to prevent serious damage to the child’s psychological or physical health.

(4) Despite subsection (2)(b), the consent of the Civil and Administrative Tribunal to the carrying out of the special medical treatment referred to in that section is not required if a court has already consented to or approved the treatment.

(4A) The Secretary may, by order in writing, grant an exemption (either generally or in a particular case) in relation to the administration of a drug referred to in paragraph (c1) of the definition of special medical treatment in subsection (5) on the written request of the Secretary of the Ministry of Health.

Note.

A copy of the general exemption issued by the Secretary can be accessed at the Department’s website.