This online engagement was hosted on YourSAy from 11 August to 17 September 2020. Below is a record of the engagement.
Have your say on proposed changes to the law to give health practitioners the appropriate authority to protect patients, themselves and others from harm.
What is being decided?
We are proposing changes to the Consent to Medical Treatment and Palliative Care Act 1995 (Consent Act).
The proposed changes will enable:
- authorised persons to use restrictive practices to assess and provide medical treatment, without consent, in strictly limited circumstances
- authorised medical practitioners to exercise their powers for as long as necessary or for up to 24 hours, whichever is the lesser
- nurse practitioners, advance practice nurses and SA Ambulance Officers to be added to the scope of authorised medical practitioners, in line with current practice.
The Frequently Asked Questions section explains in further detail what the proposed changes are, in what situations these changes would apply and how the patient will be protected.
We want to hear your feedback on the changes and how you think we can effectively care for these patients and protect them and others from harm.
Read the draft Consent to Medical Treatment and Palliative Care (Restrictive Practices) Amendment Bill 2020, and the Frequently Asked Questions and consider the following discussion questions:
1. Is it appropriate/necessary for health practitioners to use restrictive practices to assess and treat patients who are exhibiting challenging behaviours, do not have decision making capacity, and who are presenting a risk to themselves and others?
2. Is the timeframe for the use of restrictive practices (up to a maximum of 24 hours for adults, and 12 hours for those who are under 18 years) appropriate?
3. Are the proposed safeguards in the Bill appropriate/necessary to protect patients and monitor the use of restrictive practices?
4. Is it appropriate/necessary to require that health practitioners seek consent from responsible persons, or substitute-decision makers, or a guardian, before providing treatment to conditions arising from these situations?
Provide your feedback by:
Legal and Legislative Policy
RE Consent Act Amendments
PO BOX 287
Rundle Mall SA 5000
How can your input influence the decision?
Your feedback will be considered and will influence the final version of the Consent to Medical Treatment and Palliative Care (Restrictive Practices) Amendment Bill 2020 which will be introduced to Parliament later in 2020.
For general inquiries, please email us at firstname.lastname@example.org or call us on 8226 7392 during business hours (9am to 5pm, weekdays).
Closing date: Thursday 17 September 2020
This online engagement was hosted on YourSAy from 11 August to 17 September 2020. Find out more about the consultation process. Below is a record of the engagement.
Why do we need these changes?
Sometimes when a patient presents at a hospital or a clinic they exhibit behaviours that pose a risk to themselves and to others. These challenging behaviours may be caused by intoxication from drugs and alcohol, a condition such as delirium, or through mental illness.
The patient may not have the capacity to make decisions for themself and may need assessment and medical treatment. In these cases, the use of restrictive practices may be required to prevent harm to the patient or others during assessment and treatment.
The proposed changes are designed to enable medical practitioners to protect patients and others from harm.
What has happened prior to this?
In 2017 under the previous government, the Consent to Medical Treatment and Palliative Care (Restrictive Practices) Amendment Bill 2017 was prepared to be introduced to Parliament. It was the subject of wide consultation at that time including a 2017 YourSAy engagement which is still able to be viewed.
Unfortunately the SA Governor prorogued parliament before the introduction of the Bill in December 2017 in preparation for the March 2018 election and the proposed changes were not progressed.
The submissions made on the 2017 Bill are acknowledged and have been considered in the drafting of the current Bill. We encourage those that made submission in the 2017 consultation to do so again so ensure your views are properly considered in this new consultation process.