Victorian Numbered Acts

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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 75

Approval to administer a medical research procedure

A medical research practitioner must not administer a medical research procedure to a person who does not have decision-making capacity to make a medical treatment decision in respect of that procedure unless—

        (a)     the relevant research project has been approved by the relevant human research ethics committee; and

        (b)     subject to section 53

              (i)     the person has consented to the procedure being administered under an instructional directive; or

              (ii)     if there is no relevant instructional directive, the person's medical treatment decision maker     has consented to the procedure being administered; or

              (iii)     if the person does not have a medical treatment decision maker, the procedure is authorised under Division 3.



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