57 Questions
Which Act ensures that medical decision making is more in line with contemporary views and is more consistent with how people make decisions about their health care?
The Medical Treatment Planning and Decisions Act 2016
What does the Act provide a clear framework for?
Making decisions in advance through an advance care directive
Under what circumstances should medical treatment be provided without informed consent?
In exceptional circumstances
According to the Act, decisions about a person's medical treatment should be based on what?
The person's preferences and values
Who can make decisions on behalf of a person unable to provide informed consent?
The person's medical treatment decision maker
What is the Act's approach towards decision making on behalf of a person?
Based on the person's preferences and values
What is the Act's aim regarding a person's medical treatment decisions?
To empower people to make their own decisions
Which of the following is NOT a requirement for a person to have decision-making capacity?
Communicate the decision and the person's views and needs
What can be done to ensure that people are provided with support to make a decision?
Both A and B
In what situations can a person seek a second opinion regarding their decision-making capacity?
If they are deemed to not have decision-making capacity
According to the Medical Treatment Planning and Decisions Act 2016, medical treatment includes all of the following EXCEPT
Treatment with an approved medicinal cannabis product
Who is responsible for determining whether a person has decision-making capacity under the Act?
The health practitioner offering the medical treatment
Under the Medical Treatment Planning and Decisions Act 2016, when is a person presumed to have decision-making capacity?
When they are an adult
Which of the following is considered routine treatment?
Treatment that is not significant
In emergency situations, what should a health practitioner do if a person has validly refused treatment?
Respect the person's refusal and provide treatment
What is the Act's definition of palliative care?
Reasonable medical treatment for the relief of pain and suffering
What must health practitioners providing palliative care ensure?
The person's preferences and values are considered
Which of the following is NOT a requirement for appointing a medical treatment decision maker?
The medical treatment decision maker must accept their appointment in writing
What happens if a person appoints more than one medical treatment decision maker?
The first appointee who is available and willing will have authority to make a particular decision
What is required for a person to have decision-making capacity in relation to the appointment of a medical treatment decision maker?
They must appear to have decision-making capacity, sign the document freely and voluntarily, and sign it in the presence of two witnesses
Which statement best describes the role of a medical treatment decision maker?
They must act in accordance with the person's known preferences and values
What is the new approach to medical treatment decision making based on?
The person's preferences and values
What action may be taken against a health practitioner who fails to undertake reasonable searches for an advance care directive or medical treatment decision maker?
They may face disciplinary action
Under what circumstances should a health practitioner proceed with medical treatment without informed consent?
If the person is likely to recover decision-making capacity within a reasonable time
According to the Medical Treatment Planning and Decisions Act 2016, who should the medical treatment decision maker consult with?
The person's family members
What happens if a medical treatment decision maker refuses clinically indicated treatment when the person's preferences and values are not known?
The health practitioner must obtain consent from the Public Advocate
Who is the first available and willing person to be the medical treatment decision maker if there is no appointed medical treatment decision maker or guardian appointed by VCAT?
The person's spouse or domestic partner
What happens if a medical treatment decision maker consents to treatment?
The health practitioner may proceed with the treatment
Which of the following is NOT a requirement for a health practitioner proposing to administer medical treatment to make reasonable efforts in locating an advance care directive or medical treatment decision maker?
Contact the person's GP
What constitutes unprofessional conduct and may result in disciplinary action against a health practitioner?
Failure to undertake reasonable searches for an advance care directive or medical treatment decision maker
What must a medical treatment decision maker consider when making a decision based on an advance care directive and the person's values and preferences?
The likely effects and consequences of the medical treatment
What is the expected role of a medical treatment decision maker in relation to the person they are making decisions for?
To have a close and continuing relationship with the person
Which of the following statements about advance care directives is true?
An advance care directive cannot contain any statement that would require an unlawful act to be performed
What is the purpose of an instructional directive in an advance care directive?
To consent to or refuse a particular medical treatment
What happens if an advance care directive contains statements that require an unlawful act to be performed?
Only the statements that require an unlawful act become void, but the rest of the advance care directive remains valid
When should a health practitioner turn to an advance care directive?
When a person does not have decision-making capacity
What should a health practitioner do if there is a relevant instructional directive refusing a medical treatment?
Provide the treatment
What should a health practitioner do if there is a values directive but no relevant instructional directive?
Turn to a medical treatment decision maker
When can a health practitioner decide not to comply with an advance care directive?
If the person's preferences and values have changed
Which of the following is NOT a requirement for creating an advance care directive?
The directive must be registered with the Department of Health and Human Services.
Who can witness an advance care directive?
Two adults, one of whom is a medical practitioner.
When can a person amend or revoke their advance care directive?
Only when they have decision-making capacity.
What is the role of the medical practitioner in witnessing an advance care directive?
To ensure the person understands the statements in their directive.
According to the Act, what is the role of a support person?
To provide informal support to a person with decision-making capacity
What is required for the appointment of a support person?
The appointment must be in writing and in English
What access does a support person have to a person's medical information?
Automatic access to medical information
According to the text, what is the role of a support person in medical treatment decisions?
To collect and collate information for the person
According to the text, when can a support person play a role in medical treatment decisions?
Only if the person does not have decision-making capacity
According to the text, what is the role of a support person in coordinating medical treatment?
To provide a clear point of contact for specialists
According to the text, who can be a support person in a clinical context?
Any person who has a special interest in the affairs of the person concerned
According to the Medical Treatment Planning and Decisions Act 2016, what is the maximum penalty for the offences related to acting as a medical treatment decision maker or support person?
600 penalty units or five years' imprisonment, or both
Under what circumstances will the offences related to acting as a medical treatment decision maker or support person apply?
If someone deliberately purports to act as a medical treatment decision maker or support person
What is the consequence of appointing a medical treatment decision maker as a result of dishonesty or undue influence?
The appointment will be void and of no effect
Under what circumstances can a medical treatment decision maker be challenged?
All of the above
What can VCAT do if the medical treatment decision maker has not made a decision consistent with the legislative requirements?
All of the above
What happens if a guardian is not appointed and the medical treatment decision maker is unavailable?
The next person listed with a close and continuing relationship with the person becomes the medical treatment decision maker
What is the purpose of recognizing interstate advance care directives as values directives in Victoria?
To ensure medical treatment decisions are made in accordance with the person's preferences and values
Test your knowledge on the Pre-2018 legislative framework for obtaining consent in healthcare and the advancements made with the Medical Treatment Planning and Decisions Act 2016.
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