S24 text: Difference between revisions

Revision as of 21:29, 6 May 2013

Visiting and examination of patients

24.—(1) For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act[, or who is a community patient,]^[1] of any power to order his discharge, any registered medical practitioner [or approved clinician]^[1] authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private.

(2) Any registered medical practitioner [or approved clinician]^[1] authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [or to any after-care services provided for the patient under section 117 below].^[2]

[...]^[3]

Amendments

↑ ^{Jump up to: 1.0} ^1.1 ^1.2 Mental Health Act 2007 s9, s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008
↑ Mental Health (Patients in the Community) Act 1995
↑ Health and Social Care Act 2012 s39 (1/7/12)

[MHA-1] {Jump up to: 1.0} ^1.1 ^1.2 Mental Health Act 2007 s9, s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008

[PIC-2] Mental Health (Patients in the Community) Act 1995

[3] Health and Social Care Act 2012 s39 (1/7/12)

[1]

[2]

[3]

@@ Line 6: / Line 6: @@
 (2) Any registered medical practitioner [or approved clinician]<ref name="MHA"/> authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [or to any after-care services provided for the patient under section 117 below].<ref name="PIC">[[Mental Health (Patients in the Community) Act 1995]]</ref>
-(3) Where application is made by the Secretary of State or a '''['''[Local Health Board],<ref name="RHA">[[References to Health Authorities Order 2007]]</ref> Special Health Authority[, Primary Care Trust]<ref name="HAO">[[Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000]]</ref> [, National Health Service trust or NHS foundation trust]<ref name="HSC">[[Health and Social Care (Community Health and Standards) Act 2003]]</ref>''']'''<ref name="HAA">[[Health Authorities Act 1995]]</ref> to exercise [any power under section 23(3) above to make an order for a patient's discharge],<ref name="MHA"/> the following persons, that is to say—
+[...]<ref>[[Health and Social Care Act 2012]] s39 (1/7/12)</ref>
-:(a) any registered medical practitioner [or approved clinician]<ref name="MHA"/> authorised by the Secretary of State or, as the case may be, that '''['''[Local Health Board],<ref name="RHA"/> Special Health Authority[, Primary Care Trust]<ref name="HAO"/> [, National Health Service trust or NHS foundation trust]<ref name="HSC"/>''']''';<ref name="HAA"/> and
-:(b) any other person (whether a registered medical practitioner [or approved clinician]<ref name="MHA"/> or not) authorised under [Part II of the Care Standards Act 2000]<ref name="CSA">[[Care Standards Act 2000]]</ref> [or Part 1 of the Health and Social Care Act 2008]<ref name="HSC2">[[Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010/813]], art 5(2), wef 1/10/10</ref> to inspect [the establishment in question],<ref name="MHA"/>
-may at any reasonable time visit the patient and interview him in private.
-(4) Any person authorised for the purposes of subsection (3) above to visit a patient may require the production of and inspect any documents constituting or alleged to constitute the authority for the detention of the patient[, or (as the case may be) for his liability to recall,]<ref name="MHA"/> under this Part of this Act; and any person so authorised, who is a registered medical practitioner [or approved clinician]<ref name="MHA"/>, may examine the patient in private, and may require the production of and inspect any other records relating to the treatment of the patient in [the establishment]<ref name="MHA"/> [or to any after-care services provided for the patient under section 117 below].<ref name="PIC"/>
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