s. 42H is not— (c) guilty of assault or battery; or (d) guilty of professional misconduct; or (e) liable in any civil proceedings for assault or S. 42G(2)(e) amended by battery; or No. 3/2006 s. 8(1)(b). S. 42G(2)(f) (f) guilty of an offence against subsection (1). inserted by No. 3/2006 s. 8(1)(c). (3) Nothing in this Division affects any duty of care owed by a registered practitioner to a patient. Division 5—Other medical or dental treatment 42H Consent of person responsible S. 42H inserted by (1) The person responsible for a patient may consent No. 40/1999 s. 14. to the carrying out of any medical or dental treatment. Note to Note s. 42H(1) However, section 42HA affects whether the person inserted by No. 41/2002 responsible may consent to the carrying out of medical or s. 18. dental treatment in certain circumstances. (2) In determining whether or not to consent to medical or dental treatment, the person responsible must act in the best interests of the patient. 42HA Consent if patient is likely to recover within a S. 42HA inserted by reasonable time No. 41/2002 s. 19. (1) This section applies despite anything else in this Part but does not apply to emergency treatment under section 42A. (2) If a patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of medical or dental treatment, the person
is not— (c) guilty of assault or battery; or (d) guilty of professional misconduct; or S. 42G(2)(e) amended by No. 3/2006 s. 8(1)(b). (e) liable in any civil proceedings for assault or battery; or S. 42G(2)(f) inserted by No. 3/2006 s. 8(1)(c). (f) guilty of an offence against subsection (1). (3) Nothing in this Division affects any duty of care owed by a registered practitioner to a patient. Division 5—Other medical or dental treatment S. 42H inserted by No. 40/1999 s. 14. 42H Consent of person responsible s. 42H (1) The person responsible for a patient may consent to the carrying out of any medical or dental treatment. Note to s. 42H(1) inserted by No. 41/2002 s. 18. Note However, section 42HA affects whether the person responsible may consent to the carrying out of medical or dental treatment in certain circumstances. (2) In determining whether or not to consent to medical or dental treatment, the person responsible must act in the best interests of the patient. S. 42HA inserted by No. 41/2002 s. 19. 42HA Consent if patient is likely to recover within a reasonable time (1) This section applies despite anything else in this Part but does not apply to emergency treatment under section 42A. (2) If a patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of medical or dental treatment, the person
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