151Clinical guidelines

151 Clinical guidelines

(1)  [Section 151 Subsection (1) amended by No. 4 of 2023, s. 141, Applied:25 Sep 2023] The Chief Psychiatrist may issue guidelines (clinical guidelines) to help controlling authorities, medical practitioners, nurses or other persons in the exercise of their responsibilities in respect of any treatment, clinical procedure or other clinical matter under –

(a) [Section 151 Subsection (1) amended by No. 4 of 2023, s. 141, Applied:25 Sep 2023] provisions of this Act; or

(b) [Section 151 Subsection (1) amended by No. 4 of 2023, s. 141, Applied:25 Sep 2023] provisions of other Acts in respect of which the Chief Psychiatrist may have responsibilities.

(2)  Without limiting the generality of subsection (1) , the clinical guidelines may indicate how a provision of this or another Act ought to be applied in a practical clinical or forensic setting.

(3)  [Section 151 Subsection (3) amended by No. 4 of 2023, s. 141, Applied:25 Sep 2023] To avoid doubt, the specific mention of clinical guidelines in certain provisions of this or another Act does not preclude them from being issued and applied to other provisions of the same Act where they are not mentioned if the Chief Psychiatrist considers there is a proper basis for doing so.

(4)  A person exercising, under this or another Act, responsibilities in respect of a matter for which clinical guidelines have been issued is to have regard to those clinical guidelines.

(5)  A failure by an individual to have regard to clinical guidelines is not an offence but may, particularly if it leads to unfavourable patient outcomes that might otherwise have been avoided or if there is a history of such disregard, constitute proper grounds for instituting professional or, as the case may be, occupational disciplinary action against that individual.