125Clinical restriction on authorisation of special psychiatric treatment

125 Clinical restriction on authorisation of special psychiatric treatment

(1)  The Tribunal may authorise special psychiatric treatment to be given to a patient if, and only if –

(a) an approved medical practitioner has assessed the patient in the previous 7 days; and

(b) the approved medical practitioner has concluded from the assessment that –

(i) the patient has a mental illness; and

(ii) the mental illness is in general need of treatment; and

(iii) the mental illness is amenable to the special psychiatric treatment; and

(iv) the special psychiatric treatment is, having regard to the patient's condition and treatment history and the risks and benefits of the special psychiatric treatment, a reasonable and appropriate treatment for the patient; and

(v) the treatment is necessary for –

(A) the patient's health or safety; or

(B) the safety of other persons; and

(c) [Section 125 Subsection (1) amended by No. 4 of 2023, s. 122, Applied:25 Sep 2023] the Chief Psychiatrist and an independent expert, having regard to the nature, quality and results of the assessment, both agree with the approved medical practitioner's conclusions; and

(d) the Tribunal, having regard to the nature, quality and results of the assessment, also agrees with the approved medical practitioner's conclusions; and

(e) the Tribunal is satisfied that appropriate equipment and facilities are available in this State for giving the special psychiatric treatment; and

(f) if the treatment is psychosurgery, or a treatment that is specified in the regulations as one that requires informed consent, the Tribunal is satisfied that informed consent has been given for the treatment.

(2)  In this section –

independent expert means a person who –