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Refusal of further opinion request by psychiatrist

Under section 183 of the MHA 2014 a request for an additional opinion may be refused.

This applies if —
(a) a further opinion about the treatment being provided to a patient has been obtained under section 182; and
(b) a person in relation to whom that provision applies requests that the patient’s psychiatrist or the Chief Psychiatrist obtain an additional opinion under that provision about the treatment being provided to the patient.

The patient’s psychiatrist or the Chief Psychiatrist may refuse to comply with the request if satisfied that, having regard to the guidelines published under section 547(1)(d) of the MHA 2014 for that purpose, the additional opinion is not warranted.

In order to simplify and streamline this process the Chief Psychiatrist has developed a form which can be used to record the decision made by the patient’s psychiatrist and the reasons for the decision.
Notification Form – Refusal of further opinion request by psychiatrist

If the patient’s psychiatrist decides not to comply with the request for an additional opinion they must:

  • file a record of the decision and reasons for it; and
  • give a copy to the patient; and
  • if the opinion was requested by a person other than the patient, give that person a copy; and
  • give a copy to the Chief Psychiatrist.

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