Victorian Numbered Acts

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 56

    (1)     Before, or as soon as practicable after, administering medical treatment in accordance with this Part to a person who does not have decision-making capacity for that medical treatment, a health practitioner must record in writing in the person's clinical records—

        (a)     that the practitioner was satisfied that the person did not have decision-making capacity; and

        (b)     the reason or reasons for being so satisfied.

    (2)     Without limiting subsection (1), a health practitioner who forms a belief under section 51 or 59(b) must record this belief in writing in the clinical records of the person to whom medical treatment is being administered.

    (3)     A health practitioner who administers routine treatment to a person under section 63(1)(a) must set out in the person's clinical records details of—

        (a)     the practitioner's attempts to locate an advance care directive and a medical treatment decision maker; and

        (b)     the exact nature of the routine treatment and the reason for the decision to administer the routine treatment.

Division 2—Medical treatment decision-making process