Mental Health and Wellbeing Act 2022
74Authorised psychiatrist must review eligible patient's treatment in specified circumstances
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74 Authorised psychiatrist must review eligible patient's treatment in specified circumstances
(1) If a report under section 72 recommends changes to the eligible patient's current treatment, the authorised psychiatrist, as soon as practicable, must—
(a) review the patient's treatment; and
(b) decide whether to adopt any of the recommendations made in the report.
(2) If the authorised psychiatrist decides to adopt any of the recommendations, the authorised psychiatrist must revise the eligible patient's treatment.
(3) If the authorised psychiatrist decides to adopt none or to adopt only some of the recommendations, the authorised psychiatrist must—
(a) give the psychiatrist's reasons to the eligible patient; and
(b) advise the eligible patient that the patient has the right to apply to the chief psychiatrist for a review of the patient's treatment.
(4) For the purposes of subsection (3), the authorised psychiatrist must do so—
(a) orally as soon as practicable after the decision is made; and
S. 74(4)(b) amended by No. 20/2023 s. 5(1).
(b) in writing within 10 business days after the decision is made.
S. 74(5) amended by No. 20/2023 s. 5(2).
(5) The authorised psychiatrist must give written reasons for the decision within 10 business days after the decision is made to—
(a) the person who requested the second psychiatric opinion on behalf of the eligible patient; and
(b) the eligible patient's nominated support person; and
(c) a guardian of the eligible patient; and
(d) a carer of the eligible patient, if the psychiatrist is satisfied that the decision will directly affect the carer and the care relationship; and
(e) a parent of the eligible patient, if the eligible patient is under the age of 16 years; and
(f) the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.