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.