New clause 14 - Role of representative
Mental Capacity Bill
2:30 pm
'(1) The responsible clinician for a qualifying patient, P, must ensure that one representative adopted or appointed by P—
(a) is consulted before medical treatment of any description is commenced, and
(b) is kept informed while medical treatment of any description continues, and
(c) is consulted before P is discharged or becomes a non-resident patient of the hospital.
(2) If it appears to the representative consulted that P, if he had been capable of doing so, would not have consented to medical treatment of a particular description being used (or being continued)—
(a) he must inform the responsible clinician, and
(b) the responsible clinician must then ensure that, except in a case of urgency, medical treatment of that description is not used (or continued).'.