AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 124

Restriction on provision of special psychiatric treatment

(1)  A patient may be given special psychiatric treatment if, and only if –
(a) the treatment has been authorised, beforehand and in writing, by the Tribunal; and
(b) if the treatment is psychosurgery, or a treatment that the regulations specify as a treatment that requires informed consent, informed consent has been given for the treatment.
(2)  A person who gives a patient special psychiatric treatment in contravention of subsection (1) is guilty of an offence.
Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 12 months.
(3)  A medical practitioner, nurse or other health professional who gives a patient special psychiatric treatment otherwise than as provided by subsection (1) is not only guilty of an offence under subsection (2) but is also guilty of professional misconduct of the most serious kind.



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