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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Assessment

17: Medical certificate

You could also call this:

"A doctor's report to say if someone has a severe substance addiction problem"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

If a doctor thinks someone might have a severe substance addiction, they can examine that person. The doctor can ask for help from an authorised officer to do the examination. The doctor is checking if the person meets certain criteria, which are explained in section 7(a) and (b). If the doctor thinks the person does meet the criteria, they must give a medical certificate. The certificate says the doctor examined the person, the date of the exam, and why the doctor thinks the person meets the criteria.

The doctor must write down all the reasons they think the person meets the criteria and sign the certificate. You cannot be examined by a doctor who is a relative of the person asking for the assessment or the person being assessed. The medical certificate must say the doctor is not related to the person being examined or the person asking for the assessment.

A doctor can ask for someone to be assessed and also sign the medical certificate if they are not related to that person. The doctor must follow these rules when giving a medical certificate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609158.

Topics:
Health and wellbeing > Mental healthHealth and wellbeing > Public healthCrime and justice > Criminal law
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16: Assistance in arranging medical examination for application, or

"Getting help to arrange a doctor's check for someone with a substance addiction problem"

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18: Memorandum by authorised officer, or

"A report by a helper when a doctor can't examine someone with a possible substance addiction"

Part 2Assessment and treatment of persons suffering from severe substance addiction
Assessment

17Medical certificate

  1. A medical practitioner may—

  2. examine a person whom an applicant seeks to have assessed to investigate whether there are reasonable grounds to believe that the person meets the criteria set out in section 7(a) and (b); and
    1. request the assistance of an authorised officer for the purposes of that examination.

      1. If, after examining a person, the medical practitioner considers that there are reasonable grounds to believe that the person meets the criteria set out in section 7(a) and (b), the medical practitioner must issue a medical certificate under this section.

      2. The medical certificate must—

      3. state that the medical practitioner has examined the person; and
        1. state the date of that examination; and
          1. state that the medical practitioner considers that there are reasonable grounds to believe that the person meets the criteria set out in section 7(a) and (b); and
            1. set out full particulars of the grounds; and
              1. be dated and signed by the medical practitioner.

                1. The medical practitioner must not sign a certificate if he or she is a relative of the applicant or the person whom the applicant seeks to have assessed.

                2. Every medical certificate must state—

                3. that the medical practitioner is not a relative of the person examined; and
                  1. if the medical practitioner is not the applicant, that the medical practitioner is not a relative of the applicant.

                    1. A medical practitioner may make an application to have a person assessed and also sign the medical certificate if the medical practitioner is not a relative of that person.

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