Part 7Regulation of prescribed psychiatric treatments

Part 7—Regulation of prescribed psychiatric treatments Division A1—Prescribed Psychiatric Treatment Panel 41A—Prescribed Psychiatric Treatment Panel (1) The Prescribed Psychiatric Treatment Panel is established. (2) The Panel consists of— (a) the Chief Psychiatrist; and (b) no more than 8 other persons appointed by the Governor on the recommendation of the Minister, of whom at least— (i) 1 must be a patient or former patient; and (ii) 1 must be a carer or former carer; and (iii) 1 must be a senior psychiatrist; and (iv) 1 must be a neurosurgeon; and (v) 1 must be a legal practitioner in this State; and (vi) 1 must be a person with credentials and experience in bioethics. (3) A member of the Panel must be a person who, in the opinion of the Minister, is qualified, by reason of his or her knowledge, expertise and experience, to assist the Panel to exercise its functions under this Act. (4) The Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (2)(b). (5) The Governor may make appointments from time to time in accordance with this section for the purpose of maintaining or increasing the membership of the Panel established under this section. 41B—Conditions of appointment to Panel (1) An appointed member of the Panel will be appointed for a term of office, not exceeding 5 years, and on conditions specified in the instrument of appointment (and is eligible for reappointment at the expiration of a term of office). (2) A member of the Panel is entitled to receive such allowances and expenses as the Governor may from time to time determine. (3) The Governor may, on the recommendation of the Minister, remove an appointed member from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (4) A person appointed to the Panel ceases to be a member if the person— (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or (e) is removed from office under subsection (3). (5) The Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (3). 41C—Functions of Panel The Prescribed Psychiatric Treatment Panel has the following functions in relation to the regulation of prescribed psychiatric treatments: (a) to conduct a review of the progress of a patient who has, in the course of any 12 month period, received 3 or more courses of ECT treatment; (b) to conduct a review of the progress of a patient to whom, in the course of any 12 month period, 2 or more episodes of ECT have been administered without consent in reliance on section 42(6); (c) to authorise the carrying out of neurosurgery on a patient as a treatment for mental illness; (d) to carry out any other function conferred on the Panel under this Act. 41D—Constitution and proceedings of Panel (1) The following provisions apply in proceedings before the Prescribed Psychiatric Treatment Panel under this Act: (a) subject to this section, the Panel may decide its own proceedings; (b) the Chief Psychiatrist is the presiding member of the Panel; (c) the Panel will meet at such times and places as required by the Chief Psychiatrist for the purposes of carrying out its functions; (d) the Panel will be constituted, in relation to a particular matter or matters, by the Chief Psychiatrist and at least 2 other members selected by the Chief Psychiatrist; (e) a question the Panel is required to decide will be resolved according to the opinion of the majority of them (but, if the opinions on the question are equally divided, the question is to be resolved according to the opinion of the Chief Psychiatrist); (f) a telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Panel at which the participating members are present. (2) A decision of the Panel must be recorded in writing and kept by the Chief Psychiatrist. Division 1—ECT 42—ECT (1) Subject to this section, but despite any other Act or law, ECT must not be administered to a patient unless— (a) the patient has a mental illness; and (b) ECT, or a course of ECT, has been authorised for treatment of the illness by a psychiatrist who has examined the patient; and (c) written consent to the treatment has been given— (i) if the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or (ii) if the patient has attained 16 years of age but is incapable of making decisions on his or her own behalf— (A) in the case of a patient who has given an advance care directive under which a substitute decision‑maker has been appointed—by each substitute decision‑maker appointed under the advance care directive or by the Tribunal on application under this section; or (B) in any other case—by a medical agent or guardian of the patient or by the Tribunal on application under this section; or (iii) if the patient is under 16 years of age—by a parent or guardian of the patient or by the Tribunal on application under this section. (2) Consent to a course of ECT must be limited to a maximum of 12 episodes of ECT and a maximum period of 3 months, and any second or subsequent course of ECT for a patient must be separately consented to after the commencement or completion of the preceding course. (3) ECT administered to a patient in order to determine the correct dose for future episodes of ECT in a course of treatment must be counted as a single episode of ECT in that course of treatment for the purposes of this section. (4) The following provisions apply in relation to consent given to the administration of ECT treatment: (a) the consent extends to the administration of anaesthetics required for the purposes of the ECT treatment; (b) the consent does not extend to the use of any force for the purposes of administering the ECT treatment; (c) consent may be withdrawn at any time by the person by whom consent has been given. (5) An application for the Tribunal's consent under this section may be made by a medical practitioner or mental health clinician. (6) Consent to a particular episode of ECT is not required if a psychiatrist considers that— (a) the patient has a mental illness of such a nature that administration of that particular episode of ECT is urgently needed for the patient's well‑being; and (b) in the circumstances it is not practicable to obtain that consent. (7) A psychiatrist who administers or authorises the administration of an episode of ECT to a patient, either with consent under subsection (1) or without consent in reliance on subsection (6), must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a written notice in the form approved by the Minister— (a) advising the Chief Psychiatrist of that action; and (8) A person who contravenes subsection (1) is guilty of an offence. Maximum penalty: $50 000 or 4 years imprisonment. (9) In this section— (b) a reference to an episode of ECT is a reference to a period during which ECT stimuli are administered under a continuing general anaesthetic. Division 2—Neurosurgery for mental illness 43—Neurosurgery for mental illness (1) Despite any other Act or law, neurosurgery must not be carried out on a patient as a treatment for mental illness unless— (a) the patient has a mental illness; and (b) the neurosurgery has been authorised for treatment of the illness by— (i) the person who is to carry it out; and (ii) 2 psychiatrists (at least 1 of whom is a senior psychiatrist), each of whom has separately examined the patient; and (iii) the Prescribed Psychiatric Treatment Panel; and (c) the patient is of or over 16 years of age and written consent to the treatment has been given— (i) by the patient; or (ii) if consent cannot be given by the patient—by the Tribunal on application under this section. (1a) For the purposes of subsection (1)(b)(iii), the person by whom the neurosurgery is to be carried out must ensure that the Chief Psychiatrist is sent or given, at least 14 days before the neurosurgery is proposed to be carried out— (a) a written notice in the form approved by the Chief Psychiatrist— (i) advising the Chief Psychiatrist of the proposed neurosurgery; and (ii) requesting the Prescribed Psychiatric Treatment Panel to authorise the proposed neurosurgery; and (iii) containing any other information required by the notice; and (b) a copy of the report of each psychiatrist on examining the patient under subsection (1)(b)(ii). (2) An application for the Tribunal's consent under this section may be made by a medical practitioner or mental health clinician. (2a) A person who carries out neurosurgery on a patient as a treatment for mental illness must ensure that the Chief Psychiatrist is sent or given, within 3 months of carrying out the neurosurgery— (a) a written report in the form approved by the Chief Psychiatrist containing such information about the neurosurgery as may be required by the Chief Psychiatrist; and (b) a copy of a report from a psychiatrist who has examined the patient after the neurosurgery. (3) A person who contravenes subsection (1) is guilty of an offence. Maximum penalty: $50 000 or 4 years imprisonment. Division 3—Other prescribed psychiatric treatments 44—Other prescribed psychiatric treatments (1) The regulations may regulate the administration of any prescribed psychiatric treatment (other than ECT or neurosurgery) by imposing requirements for prior authorisations or consents (or both). (2) Any requirements of the regulations for prior authorisations or consents (or both) for a treatment of mental illness will have effect despite the provisions of any other Act or law. (3) The regulations may impose a maximum penalty of $50 000 or 4 years imprisonment (or some lesser maximum penalty) for administering a treatment of mental illness without a prior authorisation or consent required under the regulations. (4) No regulation may be made declaring treatment to be prescribed psychiatric treatment, or regulating the administration of any such treatment, except on the recommendation of the Prescribed Psychiatric Treatment Panel.