147Special medical procedure without consent of VCAT an offence

147 Special medical procedure without consent of VCAT an offence (1) Subject to section 53 of the **Medical Treatment Planning and Decisions Act 2016**, a registered medical practitioner must not carry out, or supervise the carrying out of, any special medical procedure on a patient unless— (a) VCAT has consented to the carrying out of that procedure; or (b) the patient's medical treatment decision maker (with authority to consent to the continuation of the special medical procedure or a further special medical procedure under section 146) has consented to the carrying out of that procedure. 1. Imprisonment for 2 years or 240 penalty units or both. (2) A registered medical practitioner who, in good faith and without negligence, carries out, or supervises the carrying out of, a special medical procedure on a patient in the belief on reasonable grounds that the requirements of this Part have been complied with— (a) is not guilty of an offence; and (b) is not liable for unprofessional conduct or professional misconduct; and (c) is not liable in any civil proceeding; and (d) is not liable for a contravention of any code of conduct. (3) Nothing in this Part affects any duty of care owed by a registered medical practitioner to a patient.