See page 25 of the attached source
“A doctor or authorised mental health practitioner may, within seven days of examining a person, make a
recommendation for assessment for a person.”
Does “examination” in context mean seeing the patient and taking a history/exam, nothing specifically to do with an examination authority? @Stapedius
@mrvhyte The examination authority authorises an “examination” to see if the patient actually meets the criteria for an RA (and then later TA). So yes it’s essentially saying once you examine the patient under an EA (either emergency or normal EA), you have 7 days to either say “yes” you would like to put them under an RA prior to a formal TA being in place or “no” they do not meet criteria for an RA. Essentially you can’t put someone under an EEA, think they’re at the level for meeting a TA and not do anything for 2 weeks. It’s all a bit silly and convoluted but that is my interpretation of both the guide as well as the actual legislation (see section 39 on page 61 of the actual Act here: https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2016-005).
My understanding is that any doc can make an RA for a patient they think meets criteria, not at all dependent on whether or not they were under an EEA/EA prior to the doc seeing them. Otherwise whats the mechanism for an ED doctor to hold a non-EEA patient involuntarily while waiting for psych review? @Stapedius
“A doctor or authorised mental health practitioner may, after
examining a person under section 31, make a
recommendation for assessment for the person if satisfied”
The definition of “examining” as per section 31:
(1) A doctor or authorised mental health practitioner may
examine a person to decide whether to make a
recommendation for assessment for the person.
(2) Without limiting subsection (1), the examination may be
carried out—
(a) if the person asks for, or consents to, the examination; or
(b) under this Act or another Act providing for the
examination, including, for example, under an
examination authority or emergency examination
authority.
Note—
See chapter 12, part 8 in relation to applications for examination
authorities.
(3) However, a doctor or authorised mental health practitioner
must not examine a person subject to a forensic order (mental
health), forensic order (Criminal Code) or treatment support
order to decide whether to make a recommendation for
assessment for the person.
I rest my case, your honour
Damn, thank you @mrvhyte , you know how much I love it when you prove me wrong, but yes you’re right I was mistaken. I always thought every examination described in the Act was an EA (which can be done by anyone, especially docs in ED) or EEA, but yes you’re right s31 outlines that any sort of examination can be performed as criteria for the “examination” alongside EA/EEAs. I misunderstood this and I am sorry :((. I will edit this card to refer to “once an examination” has been made for clarity - cheers for picking this up.