Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016

1: Title
This Act is the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Mental Health (Compulsory Assessment and Treatment) Act 1992 principal Act OIC LI 2017/196 2018-01-31 Mental Health (Compulsory Assessment and Treatment) Act 1992
4: Section 2 amended (Interpretation)
1: In section 2(1) health practitioner nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate primary health care provider
2: In section 2(1) nurse general
5: Section 2A amended (Meaning of proposed patient)
In section 2A(b) medical practitioner health practitioner
6: Section 7A amended (Medical practitioner or responsible clinician to consult)
1: In the heading to section 7A Medical practitioner Practitioner
2: In section 7A(1)﻿(a) medical practitioner health practitioner
7: Section 8B amended (Medical practitioner’s certificate to accompany application for assessment)
1: Replace the heading to section 8B Certificate to accompany application for assessment
2: In section 8B medical practitioner health practitioner
3: After section 8B(5)
6: In this section,— health practitioner
a: a medical practitioner; or
b: a nurse practitioner; or
c: a registered nurse practising in mental health registered nurse practising in mental health
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of a person’s mental capacity; and
b: holds a current practising certificate.
8: Section 9 amended (Assessment examination to be arranged and conducted)
1: Replace section 9(1)
1: When the Director of Area Mental Health Services or a duly authorised officer receives notice of an application made under section 8A from the health practitioner who issued the certificate accompanying that application, the Director of Area Mental Health Services must make the necessary arrangements for the proposed patient to immediately undergo an assessment examination.
1A: Notice of an application made under section 8A may be given by any means, including by telephone.
2: Replace section 9(3) and (4)
3: An assessment examination must be conducted by a health practitioner who is—
a: a psychiatrist approved by the Director of Area Mental Health Services for the purposes of the assessment examination, or of assessment examinations generally; or
b: if no such psychiatrist is reasonably available, a medical practitioner or nurse practitioner (not being a medical practitioner or nurse practitioner who issued the certificate under section 8B(4)﻿(b)) who, in the opinion of the Director of Mental Health, is suitably qualified to conduct the assessment examination or assessment examinations generally.
4: The Director of Mental Health may delegate his or her function under subsection (3)﻿(b)
9: Section 10 amended (Certificate of preliminary assessment)
1: In section 10(1) medical practitioner shall health practitioner must
2: In section 10(2) medical practitioner shall health practitioner must
3: In section 10(2)﻿(d) and (3) medical practitioner health practitioner
4: In section 10(4)
a: replace medical practitioner considers health practitioner considers
b: replace medical practitioner shall health practitioner must
5: In section 10(4)﻿(a)﻿(v) medical practitioner primary health care provider
10: Section 11 amended (Further assessment and treatment for 5 days)
In section 11(1) and (2) medical practitioner health practitioner
11: Section 12 amended (Certificate of further assessment)
In section 12(5)﻿(e) medical practitioner primary health care provider
12: Section 14A amended (Documents relating to application for compulsory treatment order)
In section 14A(2)﻿(d) medical practitioner primary health care provider
13: Section 29 amended (Community treatment orders)
In section 29(6)﻿(c) medical practitioner primary health care provider
14: Section 76 amended (Clinical reviews of persons subject to compulsory treatment orders)
In section 76(7)﻿(b)﻿(iv) medical practitioner primary health care provider
15: Section 79 amended (Tribunal reviews of persons subject to compulsory treatment orders)
In section 79(10)﻿(g) medical practitioner primary health care provider
16: Section 91 amended (Director and Deputy Director of Mental Health)
In section 91(4) Act (other than the function in section 9(3)﻿(b)
17: Section 96 amended (Visitations by district inspectors and official visitors)
1: In section 96(4) medical practitioner health practitioner
2: In section 96(5) medical practitioner health practitioner