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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

22: Requirements for specialist assessment

You could also call this:

"What to expect when a specialist checks if you need help for a severe substance addiction"

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

When you are being assessed for a severe substance addiction, a specialist will meet with you. The specialist must first decide if you have a severe substance addiction. They will then check if you can make good decisions about your treatment.

If the specialist thinks you have a severe substance addiction, they will tell you all about the treatment options. They will discuss the information with you and give you time to ask questions. You can also talk to your main caregiver and welfare guardian about the treatment if you want to.

The specialist must inform you that if they decide you need compulsory treatment, you can get a second opinion from another specialist under section 56. If the specialist thinks you cannot make good decisions about your treatment, they will check if you need compulsory treatment. They will also check if there is a suitable treatment available for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609163.

Topics:
Health and wellbeing > Mental healthHealth and wellbeing > Public health
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21: Assistance in arranging specialist assessment, or

"Getting help to attend a specialist assessment if you need to"

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23: Compulsory treatment certificate, or

"A doctor's order for compulsory treatment to help you get better"

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

22Requirements for specialist assessment

  1. An assessment under this section must be made personally by an approved specialist.

  2. In undertaking an assessment of a person, the approved specialist must first assess whether the person has a severe substance addiction.

  3. If the approved specialist considers that the person has a severe substance addiction, the approved specialist must assess whether the person's capacity to make informed decisions about treatment for that addiction is severely impaired.

  4. The approved specialist may make the assessment described in subsection (3) only if the approved specialist has—

  5. disclosed all the information a reasonable person would require to make an informed decision about the treatment; and
    1. discussed the information with the person; and
      1. given the person a reasonable opportunity to ask questions about any aspect of the treatment; and
        1. given the person a reasonable opportunity to discuss the treatment with the person’s principal caregiver and welfare guardian (if the court has appointed one); and
          1. informed the person that, if the approved specialist finds that the criteria for compulsory treatment are met, the person is entitled to seek independent advice from another approved specialist under section 56.

            1. If the approved specialist considers that the person's capacity to make informed decisions about treatment for the person's addiction is severely impaired, the approved specialist must assess whether—

            2. compulsory treatment of the person is necessary to enable the treatment to be provided; and
              1. appropriate treatment for the person is available.