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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Specific powers exercisable over care recipients

62: Enforced medical treatment

You could also call this:

"Getting medical treatment without agreeing to it, when the law says it's necessary for your health and safety"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

You can get medical treatment without agreeing to it, but only if the law says it is okay. The law says you can get medical treatment without your consent if it is an emergency and you need it to stay alive, or to stop you from getting very sick, or to stop you from hurting yourself or others. You can also get medication to help manage your condition if a doctor prescribes it in your care plan, and if it follows guidelines issued under section 148, and if another doctor agrees it is a good idea, as required under section 146.

You will only get this medication if it is part of your care and rehabilitation plan. The plan says what you need to get better, and the medication must be prescribed according to the plan. The doctor who prescribes your medication must also follow guidelines issued under section 148.

The doctor who prescribes your medication needs to get a second opinion from another doctor. This other doctor is chosen by the Director-General of Health under section 146. You can only get the medication if both doctors agree it is a good idea.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225478.

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"Rules about when carers can stop you from doing something to keep you or others safe"

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62A: Collection of biometric information from special care recipients, or

"Collecting special body information to keep you safe and secure"

Part 5Status and rights of care recipients
Specific powers exercisable over care recipients

62Enforced medical treatment

  1. A care recipient may be given medical treatment without the care recipient's consent only if the treatment is authorised by this section or another enactment or a rule of law.

  2. In an emergency, a care recipient may receive medical treatment if the treatment is immediately necessary—

  3. to save the care recipient's life; or
    1. to prevent serious damage to the health of the care recipient; or
      1. to prevent the care recipient from causing serious injury to the care recipient or to others.

        1. A care recipient may be given medication for the purpose of managing the care recipient's condition that gives rise to the care recipient's need for compulsory care if the medication is prescribed—

        2. in accordance with requirements identified in the care recipient's care and rehabilitation plan; and
          1. in accordance with guidelines issued under section 148; and
            1. with the support of a second opinion given by a medical consultant designated by the Director-General of Health under section 146.