Under section 179 of the MHA 2014 the patient’s psychiatrist must ensure that a medical practitioner, in deciding what treatment will be provided to the patient, has regard to the patient’s wishes in relation to the provision of treatment, to the extent that it is practicable to ascertain those wishes.
If the treatment decision made by the medical practitioner is inconsistent with a treatment decision in the patients advance health directive, or a term of an enduring power of guardianship, made by the patient, who is involuntary, than the reason the decision was made needs to be recorded.
To simplify and streamline the process of recording this decision the Chief Psychiatrist has developed a form to record the necessary information:
Notification Form – Treatment decision different to the Advanced Health Directive (AHD) of Involuntary Patients.
The patient’s psychiatrist must ensure that a copy of this form is provided to:
- the patient;
- if the patient has an enduring guardian or guardian — the enduring guardian or guardian;
- if the patient has a nominated person — the nominated person unless the nominated person is not entitled, for the reason referred to in section 269(1), to be given a copy;
- if the patient has a carer — the carer unless the carer is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;
- if the patient has a close family member — the close family member unless the close family member is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;
- the Chief Psychiatrist;
- the Chief Mental Health Advocate.
If the treatment decision that was made is the same as an earlier treatment decision and the people listed 1-7 above were given a copy of that earlier decision the patient’s psychiatrist does not need to provide additional copies of the treatment decision.