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Shannon Leslie Byrne
NCAT by Shannon leslie Byrne
(1) Medical or dental treatment may be administered to a patient covered by this Part without consent as per this Part if the treating medical practitioner or dentist deems the treatment urgently necessary—
(a) to save the patient’s life, or
(b) to prevent serious harm to the patient’s health, or
(c) except in cases of special treatment—to prevent the patient from experiencing or continuing to experience significant pain or distress.
(2) Minor treatment may (subject to subsection (3)) also be performed on a patient covered by this Part without consent as per this Part if—
(a) there is no responsible person for the patient, or
(b) there is such a person, but they cannot be reached or are unable or unwilling to decide on a consent request for the treatment.
(3) The medical practitioner or dentist performing, or overseeing the performance of, minor treatment as per subsection (2) must certify in writing in the patient’s clinical record that—
(a) the treatment is necessary and is the most effective form to promote the patient’s health and well-being, and
(b) the patient does not object to the treatment being carried out.
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