Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I move amendment No. 139:

In page 58, after line 40, to insert the following: “Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3

(1) Where, prior to his or her involuntary admission or following an application under Section 48, an involuntarily admitted person is declared under Part 5 of the Act of 2015 to lack capacity to consent to or refuse a proposed treatment, the treatment may be administered to him or her if—

(a) in a case where there is a decision-making representative duly authorised by the Circuit Court to make decisions relevant to the person’s mental healthcare and treatment, the decision-making representative concerned consents to the treatment proposed in accordance with the Act of 2015, and

(b) in a case where the Circuit Court has made a decision-making order under Section 38 of the Act of 2015, the order of the Court provides for consent to the specific treatment proposed.

(2) Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under Section 45 and there is a valid advance healthcare directive in place in respect of the person, which is relevant to the specific treatment proposed, the treatment may be administered to him or her if a provision of the directive, or a designated healthcare representative duly authorised under the directive, provides for consent to the specific treatment proposed.

(3) A decision-making representative or a designated healthcare representative duly authorised to represent an involuntarily admitted person in respect of that person’s mental healthcare and treatment shall perform his or her functions in accordance with the Act of 2015.

(4) Where an involuntary admitted person has been assessed to lack capacity to give consent to or refuse treatment under Section 45 and subsection (1) and (2) do not apply, treatment may be administered to him or her in accordance with Section 47, 48 or 49, as the case may be.

(5) Where treatment is administered to an involuntarily admitted person without consent under this Chapter, the absence of consent and details of the treatment or treatments shall be noted in the medical record of the person.”.

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