Section 90 - Mental Health and Wellbeing Act 2022 - Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist

Section 90 - Mental Health and Wellbeing Act 2022 - Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist | Zoe

90 Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist

(1) An authorised psychiatrist may only make a treatment decision for a patient under section 89(3) that is not in accordance with the preferred treatment specified in the patient's advance statement of preference if the authorised psychiatrist is satisfied that the patient's preferred treatment—

(a) is not clinically appropriate; or

(b) is clinically appropriate but is unable to be provided to the patient by the designated mental health service despite the designated mental health service making all reasonable efforts to do so.

(2) If an authorised psychiatrist decides to override a patient's advance statement of preferences under this section, the authorised psychiatrist, as soon as practicable but no later than within 10 business days after the decision is made, must provide the patient and the patient's nominated support person with written reasons for the authorised psychiatrist's decision.

(3) In addition, the authorised psychiatrist must orally inform the patient of the decision and provide reasons as soon as practicable.

Part 3.4—Medical treatment

90Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist

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