New definition of medical treatment
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:
- Medical treatment no longer must be given under medical supervision. See also Responsible Clinician replaces Responsible Medical Officer
- 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
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