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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

43: Release from compulsory status

You could also call this:

"When you don't need compulsory treatment anymore, the doctor lets you leave the programme."

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

If you are getting compulsory treatment for a substance addiction, the doctor in charge of your care must let you go from this treatment if they think you no longer need it. They will do this if they believe you no longer meet the criteria for compulsory treatment or if they think it will not help you to keep getting this treatment. The doctor must write down their decision and give you a copy.

When you get a copy of the doctor's decision, you are immediately released from compulsory treatment. This means you can leave the treatment programme as soon as you have the written order. You do not have to wait for anything else to happen.

If the doctor decides to release you before they have finished some other tasks, like the ones described in section 29, they do not have to do those tasks. This is because their decision to release you is more important than finishing those other tasks. The doctor's main concern is your care and well-being.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609187.

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42: Condition of patient to be kept under review, or

"Doctors must regularly check and update your treatment plan to ensure you get the best care."

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44: Plan for future treatment and care, or

"Getting a plan for when you finish treatment to help you stay healthy and safe"

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

43Release from compulsory status

  1. The responsible clinician must promptly order, in writing, that the patient be released from compulsory status if the responsible clinician is satisfied that—

  2. the criteria for compulsory treatment are no longer met; or
    1. no useful purpose would be served by the further compulsory treatment of the patient.

      1. An order under subsection (1) takes effect as soon as a copy of the order is given to the patient.

      2. If a responsible clinician makes an order under subsection (1) before the responsible clinician has taken the steps described in section 29, the responsible clinician is not required to take those steps.