Western Australian Current Acts Western Australian Current Acts (1) This section
applies when —
(a) a
person is admitted —
(i)
by a hospital as a voluntary inpatient; or
(ii)
by a hospital as an involuntary patient whose detention
at the hospital is authorised under an inpatient treatment order; or
(iii)
by an authorised hospital as a supervised person required
under the CLMI Act to be detained at the authorised hospital;
or
(b) a
person is received into an authorised hospital under section 52(1)(a) or
70(1)(a).
(2) The person in
charge of the hospital must ensure that a medical practitioner physically
attends on the person, for the purpose of examining the person to assess the
person’s physical condition, as soon as practicable and, in any event,
within 12 hours after the time when the person is admitted or received, and at
reasonable intervals after that initial attendance, until the first of these
things occurs —
(a) the
person is examined by a medical practitioner;
(b) if
the person is a voluntary inpatient —
(i)
the person refuses to consent to being examined by a
medical practitioner; or
(ii)
if the person does not have the capacity to consent to
being examined by a medical practitioner — the person who is authorised
by law to consent to the provision of treatment to the person refuses to
consent to the person being examined by a medical practitioner;
(c) the
person is released or discharged by or otherwise leaves the hospital.
(3) For the purpose of
assessing under this section the physical condition of a person referred to in
subsection (1)(a)(ii) or (iii) or (b), these things may be done without
consent —
(a) the
person may be examined;
(b)
samples of the person’s blood, saliva, tissue and excreta may be taken.
(4) A medical
practitioner who examines a person for the purpose of assessing under this
section the person’s physical condition must, as soon as practicable,
file a record of these things —
(a) the
practitioner’s name and qualifications;
(b) the
date and time when the examination was conducted;
(c) the
results of the examination.
[Section 241 amended: No. 10 of 2023 s. 372.]
[Heading amended: No. 10 of 2023 s. 388(2).]