87Urgent circumstances treatment

87 Urgent circumstances treatment

(1)  [Section 87 Subsection (1) amended by No. 4 of 2023, s. 101, Applied:25 Sep 2023] [Section 87 Subsection (1) amended by No. 59 of 2016, s. 43, Applied:01 Jul 2017] A forensic patient may be given treatment (urgent circumstances treatment) without informed consent or Tribunal authorisation if an approved medical practitioner authorises the treatment as being urgently needed in respect of the patient.

(2)  [Section 87 Subsection (2) amended by No. 4 of 2023, s. 101, Applied:25 Sep 2023] [Section 87 Subsection (2) amended by No. 59 of 2016, s. 43, Applied:01 Jul 2017] The approved medical practitioner may, under subsection (1) , authorise treatment as being urgently needed only if the approved medical practitioner is of the opinion that achieving the necessary treatment outcome would be compromised by waiting for the urgent circumstances treatment to be authorised by the Tribunal (or by a member thereof on an interim basis).

(3)  [Section 87 Subsection (3) amended by No. 4 of 2023, s. 101, Applied:25 Sep 2023] [Section 87 Subsection (3) substituted by No. 59 of 2016, s. 43, Applied:01 Jul 2017] The approved medical practitioner may give the authorisation if, and only if, as a result of an assessment of the patient, the practitioner is satisfied that –

(a) the patient has a mental illness that is generally in need of treatment; and

(b) the urgent circumstances treatment is necessary for –

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

(ii) the safety of other persons; and

(c) [Section 87 Subsection (3) amended by No. 4 of 2023, s. 101, Applied:25 Sep 2023] the urgent circumstances treatment is necessary in terms of the outcomes referred to in ; and