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MENTAL HEALTH ACT 2014 - SECT 239

239 .         Examination of person when released

        (1)         This section applies whenever a person is released from bodily restraint under an oral authorisation or a bodily restraint order.

        (2)         The person in charge of the ward where the person was restrained must ensure —

            (a)         that the person is examined by a medical practitioner as soon as practicable and, in any event, within 6 hours after the time when the person is released from the bodily restraint; or

            (b)         if the person is to be released or discharged by, or against medical advice wants to leave, the authorised hospital where the person was restrained before being examined under paragraph (a) — that the person is offered an examination by a medical practitioner to be conducted before the person is released, discharged or leaves.

        (3)         A medical practitioner who examines a person for the purposes of subsection (2) must, as soon as practicable —

            (a)         record in the approved form these things —

                  (i)         the medical practitioner’s name and qualifications;

                  (ii)         the date and time of the examination;

                  (iii)         the results of the examination, including any complication of or deterioration in the person’s mental or physical condition that is a result of, or may be the result of, the person being restrained;

                and

            (b)         file the record and give a copy to the person.



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