New clause 16 - Approval of care plan
Mental Capacity Bill
Public Bill Committees, 28 October 2004, 2:30 pm
'(1) The responsible clinician must, as soon as practicable after preparing a care plan, send a copy of it for approval to a person (the
''medical adviser'') appointed by the Secretary of State for that purpose.
(2) The medical adviser must be a member of the Expert Panel who is a registered medical practitioner.
(3) The medical adviser must first—
(a) examine P,
(b) satisfy himself that section J(3) has been complied with, and
(c) discuss the treatment specified in the plan with the responsible clinician.
(4) If the medical adviser is satisfied that the treatment specified in the plan can lawfully be provided to P without P being subject to the provisions of Part II Mental Health Act 1983, he must approve the plan.
(5) If the medical adviser does not approve the plan within the time prescribed by the Secretary of State in regulations, the responsible clinician must apply to the court for approval of the plan.
(6) The responsible clinician must send a copy of the plan to P and to P's representative as soon as practicable after it is approved.
(7) A medical adviser may, for the purposes of discharging functions under this section, at any reasonable time—
(a) visit, interview and examine P in private, and
(b) require the production of and inspect any records relating to him which are kept by the responsible clinician.'.
