33Definitions

#### 33 Definitions 33 Definitions > > (1) In this Part— > > > > clinical trial means a trial of drugs or techniques that necessarily involves the carrying out of medical or dental treatment on the participants in the trial. > > > > medical or dental treatment or treatment means— > > > > > (a) medical treatment (including any medical or surgical procedure, operation or examination and any prophylactic, palliative or rehabilitative care) normally carried out by or under the supervision of a medical practitioner, or > > > > > (b) dental treatment (including any dental procedure, operation or examination) normally carried out by or under the supervision of a dentist, or > > > > > (c) any other act declared by the regulations to be treatment for the purposes of this Part, > > > > (and, in the case of treatment in the course of a clinical trial, is taken to include the giving of placebos to some of the participants in the trial), but does not include— > > > > > (d) any non-intrusive examination made for diagnostic purposes (including a visual examination of the mouth, throat, nasal cavity, eyes or ears), or > > > > > (e) first-aid medical or dental treatment, or > > > > > (f) the administration of a pharmaceutical drug for the purpose, and in accordance with the dosage level, recommended in the manufacturer’s instructions (being a drug for which a prescription is not required and which is normally self-administered), or > > > > > (g) any other kind of treatment that is declared by the regulations not to be treatment for the purposes of this Part. > > > > major treatment means treatment (other than special treatment or treatment in the course of a clinical trial) that is declared by the regulations to be major treatment for the purposes of this Part. > > > > minor treatment means treatment that is not special treatment, major treatment or treatment in the course of a clinical trial. > > > > person responsible has the meaning given by section 33A. > > > > special treatment means— > > > > > (a) any treatment that is intended, or is reasonably likely, to have the effect of rendering permanently infertile the person on whom it is carried out, or > > > > > (b) any new treatment that has not yet gained the support of a substantial number of medical practitioners or dentists specialising in the area of practice concerned, or > > > > > (c) any other kind of treatment declared by the regulations to be special treatment for the purposes of this Part, > > > > but does not include treatment in the course of a clinical trial. > > > (2) For the purposes of this Part, a person is incapable of giving consent to the carrying out of medical or dental treatment if the person— > > > > > (a) is incapable of understanding the general nature and effect of the proposed treatment, or > > > > > (b) is incapable of indicating whether or not he or she consents or does not consent to the treatment being carried out. > > > (3) For the purposes of this Part, a person shall be taken to object to the carrying out of medical or dental treatment— > > > > > (a) if the person indicates (by whatever means) that he or she does not want the treatment to be carried out, or > > > > > (b) if the person— > > > > > > > (i) has previously indicated, in similar circumstances, that he or she did not then want the treatment to be carried out, and > > > > > > > (ii) has not subsequently indicated to the contrary. > > > (4) (Repealed) > > **s 33:** Am 1988 No 131, Sch 6 (1); 1993 No 26, Sch 1 (4); 1997 No 49, Sch 1 \[28\]; 1998 No 7, Sch 1 \[3\]–\[7\].