Mental health legislation and psychiatric treatments in NSW: electroconvulsive therapy and deep brain stimulation.

Objective: The aim of this paper is to discuss the restriction of electroconvulsive therapy (ECT) to the treatment of psychiatric disorders and the prohibition of psychosurgery and deep brain stimulation (DBS) in the NSW Mental Health Act 2007 (MHA), and to examine these restrictions from clinical and human rights perspectives.

Method: Sections of the NSW MHA regulating the use of ECT, psychosurgery and DBS were reviewed. These were compared with corresponding regulations in mental health legislation in other Australian states.

Substitute consent for nursing home residents prescribed psychotropic medication.

Background: Prescribing psychotropic medications for persons with dementia who lack capacity to give informed consent requires proxy consent under NSW Guardianship legislation.

Objective: To survey current practice in complying with legislation and regulations in prescribing psychotropic medications for nursing home residents.

Method: In three Sydney nursing homes, the files of 77 residents identified as having dementia, being on a psychotropic medication and not having capacity to give informed consent, were audited.