Health (Mental Services) Act, 1981

Consent for certain therapeutic procedures.

44.—(1) The Medical Council may, with the consent of the Minister, make rules in accordance with accepted medical practice—

(a) in regard to the application to any person of any specified therapeutic procedure for the treatment of mental illness, and

(b) specifying the conditions to be complied with and the precautions to be taken to safeguard the rights and well-being of patients to whom the procedure is applied.

(2) It shall not be lawful to apply or cause to be applied any procedure so specified unless the person has given his consent in the manner provided for in the rules or, notwithstanding the provisions of section 4 of the Health Act, 1953 , where the person has not the mental capacity to give his consent, consent is given by a person specified in the rules.