Mental Health Act 2016
sec.374Power to administer medication
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sec.374 Power to administer medication
Despite the absence or refusal of the person’s consent, the power of the authorised person to transport the person includes the power to administer medication to the person. However, the medication— may be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and must be administered by a doctor or by a registered nurse under the instruction of a doctor. The doctor or registered nurse may administer the medication with the help, and using the force, that is necessary and reasonable in the circumstances. For subsection (2) (b) , the doctor’s instruction must include the medication’s name, the dose, and route and frequency of administration. A doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (4) . This section applies despite the Guardianship and Administration Act 2000 , chapter 5 , part 2 , division 1 . This section does not apply to a classified patient (voluntary). In this section— registered nurse means a person registered under the Health Practitioner Regulation National Law — to practise in the nursing profession, other than as a student; and in the registered nurses division of that profession. s 374 amd 2017 No. 32 s 87 (2) s ch 1 pt 2 (sec.374-ssec.1) Despite the absence or refusal of the person’s consent, the power of the authorised person to transport the person includes the power to administer medication to the person. (sec.374-ssec.2) However, the medication— may be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and must be administered by a doctor or by a registered nurse under the instruction of a doctor. (sec.374-ssec.3) The doctor or registered nurse may administer the medication with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.374-ssec.4) For subsection (2) (b) , the doctor’s instruction must include the medication’s name, the dose, and route and frequency of administration. (sec.374-ssec.5) A doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (4) . (sec.374-ssec.6) This section applies despite the Guardianship and Administration Act 2000 , chapter 5 , part 2 , division 1 . (sec.374-ssec.7) This section does not apply to a classified patient (voluntary). (sec.374-ssec.8) In this section— registered nurse means a person registered under the Health Practitioner Regulation National Law — to practise in the nursing profession, other than as a student; and in the registered nurses division of that profession.
- (a) may be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and