Clause 31
Mental Health Bill [Lords]
1:30 pm
Ann Winterton (Congleton, Conservative)
With this it will be convenient to discuss the following: New clause 4—Advance decisions and advance statements —
‘(1) The 1983 Act is amended as follows.
(2) After section 76 (visiting and examination of patients) insert—
“76A Advance decisions and advance statements
(1) In this Act—
(a) reference to an advance decision is to an advance decision (within the meaning of the Mental Capacity Act 2005(c.9)) made by the patient, and
(b) “valid and applicable” in relation to such a decision means valid and applicable to the treatment in question in accordance with section 25 of that Act.
(2) If an advance decision is found to be valid and applicable to the treatment regulated by Part 4 of the 1983 Act, the person providing the treatment shall have regard to the advance decision.
(3) Where a decision is made which is inconsistent with a valid and applicable advance decision by the person providing treatment, that person must comply with the requirements set out in subsection (4) below.
(4) Those requirements are—
(a) the circumstances in which treatment was provided and the reason for it should be recorded in writing; and
(b) a copy of that record should be supplied to
(i) the patient
(ii) the patient’s nearest relative and another copy placed in the patients medical notes.
(5) A person performing a function under this Act shall consider, so far as reasonably ascertainable the patient’s past and present wishes and feelings (and in particular any relevant written statement made by him when he had capacity.”.
(3) In section 63 (treatment not requiring consent), at the end, insert—
“(2) When deciding what treatment to give, the approved clinician in charge of the treatment shall consider so far as reasonably ascertainable the patient’s past and present wishes and feelings (and in particular any relevant written statement made by him when he had capacity), and shall record any treatments requested by the patient in the patient’s medical record, and if that treatment is not given shall record the reasons for this.”.’.
New clause 16—Treatment requiring consent (administration of medicine)—
‘(1) Section 58 of the 1983 Act is amended as follows.
(2) In subsection (1)(b) leave out “three months” and insert “two months”.’.
New clause 25—Advance statements—
‘(1) The 1983 Act is amended as follows.
(2) After section 142 insert—
“142A Advance statements
(1) In this section ‘advance statement’ means a written statement made by a patient (‘P’)—
(a) when P has reached the age of 18 and has the capacity to make such a statement, and
(b) deposited with the person (‘N’) who is primarily responsible for P’s care.
(2) An advance statement may contain—
(a) information about P, and
(b) directions as to the persons to whom that information (or specified pieces of information) is to be communicated if P becomes mentally disordered.
(3) N must—
(a) have regard to the advance statement;
(b) ensure that any other person who is concerned with the care of P is aware of the advance statement.
(4) P may—
(a) withdraw an advance statement, or
(b) replace it with an amended advance statement,
at any time when P has the capacity to do so.”.’.