| Mental Health Bill [Lords] - continued | House of Commons |
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Young people: tribunals Tim Loughton
Andrew Rosindell Dr Richard Taylor NC7 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) After section 78 insert— “78A Young people: tribunals (1) The Lord Chancellor must provide that where a patient is under the age of 18 the Mental Health Review Tribunal must include a professional with appropriate expertise in child and adolescent mental health services.’. Angela Browning
Andrew Rosindell Dr Richard Taylor 11 Schedule 5, page 73, line 4, at end insert— ‘(3A) Where the managing authority deprives P of his liberty by detaining him as mentioned in paragraph 1(2), the appropriate NHS body or local authority which has authorised the detention shall make arrangements for the provision of the accommodation with care or treatment, and it shall be free of charge.’. Angela Browning
Andrew Rosindell Dr Richard Taylor 12 Schedule 6, page 116, line 34, at end insert— Provision of second medical opinions 161 (1) This paragraph applies to a person (P) who is deprived of liberty in accordance with this schedule if an NHS body is proposing to provide, or secure the provision of, serious medical treatment within section 37(6) to him. (2) P shall not be given the treatment unless a registered medical practitioner (other than the medical practitioner in charge of the care of the patient) has certified in writing that the patient is not capable of understanding the nature, purpose and likely effects of that treatment but that it is in the best interests of the patient in accordance with this Act that the treatment be given. (3) Before giving a certificate under sub-paragraph (b) the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment, and of those persons one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner.’. Tim Loughton
Andrew Rosindell Dr Richard Taylor 13 Page 28, line 10, leave out Clause 35. Authority to treat community patients Tim Loughton
Andrew Rosindell Dr Richard Taylor NC8 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) In section 58(3) after “patient”, insert “who is liable to be detained under this Act”. (3) After section 58(3) insert— “(3A) Subject to section 62A below, a community patient who has not been recalled to hospital shall not be given any form of treatment to which this section applies unless— (a) he has consented to that treatment and either the approved clinician in charge of that treatment or a registered medical practitioner appointed for the purposes of this Part of this Act has certified in writing that the patient is capable of understanding its nature, purpose and likely effect and has consented to it; or (b) a registered medical practitioner appointed as aforesaid (not being the approved clinician in charge of the treatment in question) has certified in writing that— (i) the patient is not capable of understanding the nature, purpose or likely effects of that treatment; and (ii) he has either no reason to believe that the patient objects to being given the treatment, or he does have reason to believe that patient so objects, but it is not necessary to use force against the patient in order to give the treatment; and (iii) he is satisfied that the treatment does not conflict with a valid and applicable advance decision, or a decision made by a donee or deputy or the Court of Protection; and (iv) having regard to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given. (3B) Where a patient who has been liable to detention under this Act has been administered medication for mental disorder to which this section applies for less than three months prior to becoming a community patient, the period mentioned in Section 58(1)(b) above shall be read to extend for no longer than one month beginning with the day on which the community treatment order is made. (3C) The Secretary of State may by order vary the length of the period mentioned in subsection (3B) above. (3D) Certification under subsection (3A) above may take place whilst a patient remains liable to be detained, but will not come into force until the responsible clinician discharges the patient from detention in hospital under the terms of section 17A(1) above.”. (4) After section 58(4) insert— “(4A) Before giving a certificate under section 58(3A)(b) above the registered medical practitioner shall consult two other persons, who have been professionally concerned with the patient’s treatment, but of those persons— (a) at least one shall be a person who is not a registered medical practitioner; and (b) neither shall be the patient’s responsible clinician or the approved clinician in charge of the treatment in question.”.’. Authority to treat community patients (No. 2) Angela Browning
Andrew Rosindell Dr Richard Taylor NC9 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) In section 61(1) leave out “or” before “58(3)(b)” and after “58(3)(b)” insert “or 58(3A)(b)”. (3) In section 61(1)(a) after “20(3)” insert “20A(4)”. (4) In section 61(3) after “give notice to the”, for “responsible medical officer” substitute “approved clinician in charge of the treatment in question”. (5) In section 61(3), leave out “or” before “58(3)(b)” and after “58(3)(b)” insert “or 58(3A)(b)”.’. Authority to treat community patients (No. 3) Tim Loughton
Andrew Rosindell Dr Richard Taylor NC10 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) In section 64 (supplementary provisions for Part IV) after subsection (2) insert— “(3) In this Part of this Act, references to “not capable of understanding the nature, purpose and likely effects of treatment” are to be read in accordance with the test established under section 3 of the Mental Capacity Act 2005 (c. 9). (4) References to a donee are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act. (5) References to a deputy are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005, where the deputy is acting within the scope of his authority and in accordance with that Act. (6) Reference to the responsible clinician shall be construed as a reference to the responsible clinician within the meaning of Part 2 of this Act. (7) References to a hospital include a registered establishment.”. (3) In section 119 (practitioners approved for Part 4 and section 118)— (a) in subsection (2)(a) leave out “in a registered establishment” and insert “in a hospital or registered establishment or any community patient in a hospital or establishment of any description or (if access is granted) other place”, (b) in subsection (2)(b), leave out “in that home” and insert “there”, (c) after subsection (2) insert— “(3) In this section, “establishment of any description” shall be construed in accordance with section 4(8) of the Care Standards Act 2000.”. (4) In section 28 (Mental Health Act matters) of the Mental Capacity Act 2005 (c. 9), after subsection (1) insert— “(1A) Section 5 does not apply to an act to which section 58(3A) of the Mental Health Act applies.”.’. Tim Loughton
Andrew Rosindell Dr Richard Taylor 14 Page 26, line 31, leave out Clause 34. Authority to treat community patients (No. 4) Tim Loughton
Andrew Rosindell Dr Richard Taylor NC11 To move the following Clause:— ‘(1) The 1983 Act is amended as follows— (2) After section 62(2) insert— “(2A) Section 62A below shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with section 58 where a community patient is recalled to hospital or a community treatment order is revoked and— (a) the patient is capable of understanding its nature, purpose and likely effect of that treatment and has consented to it; or (b) the patient is not capable of understanding the nature, purpose and likely effect of that treatment, but it is not necessary to use force against the patient in order to give the treatment.”. (3) After section 62 (Urgent Treatment) insert— “62A Treatment on recall of community patient or revocation of order (1) This section applies where— (a) a community patient is recalled to hospital under section 17E above; or (b) a patient is liable to be detained under this Act following the revocation of a community treatment order under section 17F above in respect of him. (2) Subject to section 62, a patient to whom this section applies shall not be given any form of treatment to which section 58 applies without its certification under section 58(3) following that recall or revocation.”.’. |
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