66Electroconvulsive therapy

66 Electroconvulsive therapy (1) A person must not perform electroconvulsive therapy on another person unless the other person gives informed consent to the treatment. (1A) Subsection (1) does not apply if the treatment is performed in accordance with this section and approved procedures. (2) The Tribunal may authorise electroconvulsive therapy to be performed on a person if it: (a) is satisfied that the person is unable to give informed consent to the treatment; and (b) receives a report from 2 authorised psychiatric practitioners that they are satisfied, after considering the person's clinical condition, history of treatment and other appropriate alternative treatments, that electroconvulsive therapy is a reasonable and proper treatment to be administered and that without the treatment the person is likely to suffer serious mental or physical deterioration; and (c) is satisfied that: (i) all reasonable efforts have been made to consult the person's primary carer; or (ii) there is a valid reason for not complying with subparagraph (i). (3) Electroconvulsive therapy may be performed on a person who is an involuntary patient where 2 authorised psychiatric practitioners are satisfied that it is immediately necessary: (a) to save the person's life; or (b) to prevent the person suffering serious mental or physical deterioration; or (c) to relieve severe distress. (4) Where electroconvulsive therapy is performed under subsection (3), the authorised psychiatric practitioners must make a report to the Tribunal of the therapy performed as soon as practicable after it is performed.

Mental Health and Related Services Act 1998 66 (5) The report is to contain: (a) the reasons why the authorisation of the Tribunal was not obtained; and (b) the number of treatments performed; and (c) the person's response to the treatment; and (d) details of any significant side effects of the treatment on the (6) At least 2 medical practitioners are to be present when electroconvulsive therapy is performed, of whom: (a) one is to be experienced and trained in accordance with approved procedures in performing electroconvulsive therapy; and (b) one is to be experienced in administering anaesthesia. (7) Electroconvulsive therapy must be performed only in an approved treatment facility or premises licensed under this Division. Note for section 66 Proceedings for professional misconduct, unsatisfactory professional performance or unprofessional conduct may be taken against a medical practitioner under the Health Practitioner Regulation National Law because of a contravention of this section. Under section 243 of that Law, disciplinary proceedings may be taken under the Law irrespective of whether proceedings for the offence have been taken.