Section 77
Section 77
Where a mentally disordered person is required to undergo surgery, electroconvulsive therapy or clinical trials, consent for any of them may be given—
(a)
by the patient himself if he is capable of giving consent as assessed by a psychiatrist;
(b)
by his guardian in the case of a minor or a relative in the case of an adult, if the patient is incapable of giving consent;
(c)
by two psychiatrists, one of whom shall be the attending psychiatrist, if there is no guardian or relative
56 Laws of Malaysia ACT 615
of the patient available or traceable and the patient himself is incapable of giving consent.
(2)
For purposes of subsection (1), it shall be the duty of the registered medical practitioner concerned to ensure that informed consent is first obtained from the patient himself under paragraph
(1)
before invoking paragraph (1)(b) or (1)(c).
(3)
In cases of emergencies, consent for surgery or electroconvulsive therapy may be given—
(a)
by the guardian or a relative of the patient; or
(b)
by two medical officers or two registered medical practitioners, as the case may be, one of whom shall preferably be a psychiatrist, if there is no guardian or relative of the patient immediately available or traceable.
(4)
Except for subsections (1) and (2), no consent is required for other forms of conventional treatment.
(5)
In determining whether or not a mentally disordered person is capable of giving consent under paragraph (1)(a), the examining psychiatrist shall consider whether or not the person examined understands—
(a)
the condition for which the treatment is proposed;
(b)
the nature and purpose of the treatment;
(c)
the risks involved in undergoing the treatment;
(d)
the risks involved in not undergoing the treatment; and
(e)
whether or not his ability to consent is affected by his condition.
Mental Health 57