Victorian Numbered Acts

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 78

Before, or as soon as practicable after, administering a medical research procedure to a person who does not have decision-making capacity in relation to the procedure, a medical research practitioner must record in writing in the person's clinical records—

        (a)     that the practitioner was satisfied that—

              (i)     the person did not have decision-making capacity; and

              (ii)     the person was not likely to recover decision-making capacity within a reasonable time; and

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

Division 3—Medical research procedures without consent