New definition of medical treatment

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
3/11/08	Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008	7	s145

The old definition in s145 was:

"medical treatment" includes nursing, and also includes care, habilitation and rehabilitation under medical supervision;

From 3/11/08, under the MHA 2007 changes, s145 states that:

"medical treatment" includes nursing, [psychological intervention and specialist mental health habilitation, rehabilitation and care (but see also subsection (4) below)

Subsection (4) states:

Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.

There are two main effects of this change:

1. Medical treatment no longer must be given under medical supervision. See also Responsible Clinician replaces Responsible Medical Officer
2. The effect of the abolition of the "treatability test" is diminished by subsection (4). See also Appropriate treatment test replaces treatability test and applies to all patients under long-term detention