Blood tests could be regarded as a Section 63 treatment. However, a blood test does not in itself treat a mental disorder. The blood tests can be seen as an inseparable part of the medical treatment and therefore falling within the Section 58 consent to treatment provisions. In the case of clozapine it is especially pertinent that the taking of blood is an express requirement of the drug's licence. The Mental Health Act Commission has indicated that the last of these approaches appears to be the most sensible, especially given the efficacy of the medication for many people.
Patients often respond quite quickly to clozapine and have fewer side effects.
They may well, therefore, be relatively quickly in a position to give informed consent once treatment is underway. In considering whether to approve the use of clozapine against a patient's wishes, the Responsible Medical Officer and Second Opinion Appointed Doctor must give special consideration to the degree of the objection to blood tests, and to any reasons the patient gives, e.g. religious reasons. The position may become clearer in future if a court has to make a ruling on the topic. Comments and suggestions welcome. While every effort has been made to ensure the accuracy and reliability of information in these pages, they are not intended to be relied upon as an authoritative statement of the law.