- April 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Mental Health Act 2007 No 8: A Closer Look
The Mental Health Act 2007 No 8 contains some rather puzzling clauses, such as section 57(3), which states:
>”Medication may be administered to an affected person for the purposes of a community treatment order without the person’s consent if *it is administered without the use of more force than would be required if the person had consented* to its administration. [emphasis added]”
One might ask, if consent implies no force, how can medication be administered against a person’s will without using any force at all? It seems contradictory on the surface – can medication really be given without consent and without force?
In reality, this dilemma raises questions about the ethical and legal implications of enforcing medical treatment on unwilling individuals. Is there a way to administer medication in such cases that aligns with section 57(3) without veering into coercion or deception?
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****** just grabbed a
The force is in respect to the specific medication (or treatment)
It means if the community treatment order is for an oral medication, in causing you to have that medication as part of a breach procedure, they can only force you to have oral medication, not an injectable medication.
If the community treatment order is for injectable medication, well then that’s what the patient would be required to comply with.
In any circumstance, if as part of breaching a person under a community treatment order, it is determined that person requires acute mental health care and treatment, they can be taken to a gazetted mental health facility and detained for the purpose of that treatment. Which may or may not include medication they do not wish to take.
The actual administration itself. Restraining someone is a separate clause. This is basically saying injecting the needle in the same way or use the standard delivery flow on an ng tube.
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