Mary Butler (Waterford, Fianna Fail)

I move amendment No. 140:

In page 58, after line 40, to insert the following: “Administration of treatment following admission

(1) Subject to subsections (2), (3), (4), (5) and (8), where, following the making of an involuntary admission order—

(a) a person is assessed under Section 45 as lacking capacity to consent to or refuse treatment, or

(b) a capacity assessment or a second capacity assessment is being carried out under Section 45, but that assessment has not been completed,

treatment may be administered to the person concerned for a period not exceeding 21 days from the date of making of the involuntary admission order (in this Chapter referred to as the “initial treatment period”).

(2) Treatment may be administered to a person under subsection (1) where—

(a) such treatment is immediately necessary for the protection of life of the person or that of another person,

(b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or

(c) the person has a mental disorder, the nature and degree of which is such that—

(i) he or she requires treatment immediately,

(ii) the treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and

(iii) the treatment of the person concerned would be likely to benefit the condition of that person,

and there is no alternative safe and effective treatment available.

(3) A responsible consultant psychiatrist may extend an initial treatment period for a further period not exceeding 21 days (in this Chapter referred to as a “further treatment period”), commencing on the date of the expiration of the initial treatment period, if—

(a) he or she is of the opinion that the criteria in subsection (2) continue to apply in respect of the involuntarily admitted person, and

(b) in advance of the expiration of the initial treatment period, another consultant psychiatrist who is not involved in the care or treatment of the involuntarily admitted person confirms, in a form and manner specified by the Commission, that he or she is also of the opinion that the criteria in subsection (2) continue to apply in respect of that person.

(4) Where there is—

(a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to an involuntarily admitted person’s mental healthcare and treatment, or

(b) a valid advance healthcare directive in respect of an involuntarily admitted person which is relevant to the specific treatment,

treatment under this Section may only be administered to that person in accordance with Section 46(1) or (2), as the case may be.

(5) Treatment may be administered to an involuntarily admitted person under subsection (1) or (3) until such time, whichever is the sooner, as any of the following occurs, upon which any initial treatment period or further treatment period shall cease:

(a) the person is assessed to have capacity to consent to or refuse treatment under Section 45;

(b) an application is made to the Circuit Court under Section 48;

(c) the person is discharged as an involuntarily admitted person;

(d) the responsible consultant psychiatrist discontinues the treatment;

(e) the expiry of the initial treatment period or further treatment period.

(6) Where Section 48 applies and a person is receiving treatment under subsection (1) or (3), the application referred to in Section 48 shall be made by the responsible consultant psychiatrist before the expiry of the initial treatment period or further treatment period, as the case may be.

(7) Where a responsible consultant psychiatrist proposes to administer treatment to a person beyond the initial treatment period or any further treatment period, such treatment may only be administered in accordance with Section 43, 46, 49 or 50 as the case may be.

(8) A reference to treatment administered under subsection (1) shall not include treatment administered under Section 51.”.

See this speech in context