99Emergency surgery for involuntary patients

#### 99 Emergency surgery for involuntary patients 99 Emergency surgery for involuntary patients > > (1) An authorised medical officer or the Secretary may consent to the performance of a surgical operation on an involuntary patient (other than a forensic patient or correctional patient not suffering from a mental illness) if of the opinion that— > > > > > (a) the patient is incapable of giving consent to the operation or is capable of giving consent but refuses to give that consent or neither gives nor refuses to give that consent, and > > > > > (b) it is necessary, as a matter of urgency, to perform a surgical operation on the patient in order to save the patient’s life or to prevent serious damage to the patient’s health or to prevent the patient from suffering or continuing to suffer significant pain or distress. > > > (2) An authorised medical officer or the Secretary may consent to the performance of a surgical operation on a forensic patient or correctional patient not suffering from a mental illness if of the opinion that— > > > > > (a) the patient is incapable of giving consent to the operation, and > > > > > (b) it is necessary, as a matter of urgency, to perform a surgical operation on the patient in order to save the patient’s life or to prevent serious damage to the patient’s health or to prevent the patient from suffering or continuing to suffer significant pain or distress. > > > (3) The consent is to be in writing and signed by the person giving the consent. > > > (4) The authorised medical officer of the mental health facility in which the involuntary patient is detained must, as soon as practicable after the performance of a surgical operation consented to under this section, notify the Tribunal of the operation. > > **s 99:** Am 2008 No 79, Sch 2 \[27\].