s. 42Q (5) This Division is subject to section 41, which prohibits the carrying out of medical treatment if a refusal of that treatment is in force under the Medical Treatment Act 1988. S. 42Q 42Q Step 1—Approval of relevant research project inserted by No. 3/2006 (1) Step 1 is to determine whether the relevant s. 9. research project has been approved by the relevant human research ethics committee. (2) A medical research procedure must not be carried out on a patient if the relevant research project has not been approved by the relevant human research ethics committee. (3) A medical research procedure must be carried out in accordance with the relevant human research ethics committee approval, including any conditions of that approval. S. 42R 42R Step 2—Is patient likely to recover within a inserted by reasonable time? No. 3/2006 s. 9. (1) Step 2 is to determine whether the patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of a medical research procedure. (2) The reasonable time is the time by which, given the nature of the relevant research project, the procedure would need to be performed on the patient, having regard to— (a) the medical or physical condition of the patient; or (b) the stage of treatment or care; or (c) other circumstances specific to the patient. (3) If a patient is likely to be capable, within a reasonable time as determined in accordance with subsection (2), of giving consent to the carrying out of a medical research procedure, a registered
(5) This Division is subject to section 41, which prohibits the carrying out of medical treatment if a refusal of that treatment is in force under the Medical Treatment Act 1988. S. 42Q inserted by No. 3/2006 s. 9. 42Q Step 1—Approval of relevant research project s. 42Q (1) Step 1 is to determine whether the relevant research project has been approved by the relevant human research ethics committee. (2) A medical research procedure must not be carried out on a patient if the relevant research project has not been approved by the relevant human research ethics committee. (3) A medical research procedure must be carried out in accordance with the relevant human research ethics committee approval, including any conditions of that approval. S. 42R inserted by No. 3/2006 s. 9. 42R Step 2—Is patient likely to recover within a reasonable time? (1) Step 2 is to determine whether the patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of a medical research procedure. (2) The reasonable time is the time by which, given the nature of the relevant research project, the procedure would need to be performed on the patient, having regard to— (a) the medical or physical condition of the patient; or (b) the stage of treatment or care; or (c) other circumstances specific to the patient. (3) If a patient is likely to be capable, within a reasonable time as determined in accordance with subsection (2), of giving consent to the carrying out of a medical research procedure, a registered
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