sec.145Meaning of chemical restraint

sec.145 Meaning of chemical restraint

Chemical restraint , of an adult with an intellectual or cognitive disability, means the use of medication for the primary purpose of controlling the adult’s behaviour in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . However, the following are not chemical restraint— using medication for the proper treatment of a diagnosed mental illness or physical condition; using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA. sedating an adult before attending a dentist appointment is not chemical restraint To remove any doubt, it is declared that an intellectual or cognitive disability is not a physical condition. In this section— diagnosed , for a mental illness or physical condition, means a doctor confirms the adult has the illness or condition. mental illness see the Mental Health Act 2016 , section 10 . s 145 prev s 145 om 2014 No. 12 s 59 pres s 145 ins 2008 No. 23 s 7 amd 2014 No. 5 s 9; 2016 No. 5 s 923 sch 4 (sec.145-ssec.1) Chemical restraint , of an adult with an intellectual or cognitive disability, means the use of medication for the primary purpose of controlling the adult’s behaviour in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . (sec.145-ssec.2) However, the following are not chemical restraint— using medication for the proper treatment of a diagnosed mental illness or physical condition; using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA. sedating an adult before attending a dentist appointment is not chemical restraint (sec.145-ssec.3) To remove any doubt, it is declared that an intellectual or cognitive disability is not a physical condition. (sec.145-ssec.4) In this section— diagnosed , for a mental illness or physical condition, means a doctor confirms the adult has the illness or condition. mental illness see the Mental Health Act 2016 , section 10 .

• (a) using medication for the proper treatment of a diagnosed mental illness or physical condition;
• (b) using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA.