Mental Health Act 20266
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Emergency treatment before admission | ||
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20. (1) Where, following the making of a recommendation for involuntary admission in respect of a person but before an involuntary admission order has been made under section 21 (2)(a) in respect of the person— | ||
(a) the registered medical practitioner who made the recommendation, | ||
(b) the clinical director of the registered acute mental health centre specified in the recommendation, or | ||
(c) a consultant psychiatrist on the staff of the registered acute mental health centre specified in the recommendation, | ||
reasonably believes that the person the subject of the recommendation for involuntary admission requires emergency treatment, he or she may arrange for the person the subject of the recommendation to be brought to a hospital for such emergency treatment as soon as practicable. | ||
(2) Where, for whatever reason, a person the subject of a recommendation for involuntary admission is not admitted to hospital, the person who arranged for the person the subject of the recommendation to be brought to the hospital under subsection (1) shall arrange for that person to be brought or brought back, as the case may be, to the registered acute mental health centre as soon as may be. | ||
(3) If, upon the proposed discharging from hospital of a person the subject of a recommendation for involuntary admission— | ||
(a) the recommendation for involuntary admission remains valid under section 15 (9), the clinical director of the registered acute mental health centre specified in the recommendation shall arrange for the person to be brought or brought back to the registered acute mental health centre by members of the staff of that centre or a service provider for an examination and assessment under section 21 as soon as practicable, or | ||
(b) the recommendation for involuntary admission has expired under section 15 (9)— | ||
(i) the person shall be discharged unless his or her detention is authorised otherwise than under this Act, and | ||
(ii) a new request for an application for a recommendation for involuntary admission or a new direct application for a recommendation for involuntary admission may be made, as the case may be. | ||
(4) A person who is brought (whether or not he or she is admitted) to a hospital for emergency treatment under this section is not the subject of an involuntary admission order and accordingly his or her care and treatment whilst at such a hospital shall not be subject to the provisions of this Act. | ||
(5) Nothing in this section shall operate to affect any enactment or rule of law relating to consent to medical treatment. | ||
(6) In this section, “emergency treatment” means, in relation to a person the subject of a recommendation for involuntary admission, any medical or dental treatment provided in a hospital other than a registered acute mental health centre which is urgent and immediately necessary to avoid significant harm, injury or death to the person. |