ACT No. VII of 2017 AN ACT to amend the Health Act, Cap. 528.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

17th February, 2017

ACT No. VII of 2017

AN ACT to amend the Health Act, Cap. 528.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Health (Amendment) Act,

2017, and this Act shall be read and construed as one with the Health

Act, hereinafter referred to as "the principal Act".

Article 27 of the principal Act shall be amended as

follows

(a)

the present article shall be renumbered as sub-article

(1) thereof; and

(b) immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-

articles

" Persons who

(2) Without prejudice to the provisions of

are sixteen

sub-article (1) and notwithstanding the

years of age.

provisions of any other law, a person who has

attained the age of sixteen years shall have the

right to consent to, or refuse, medical attention,

care or treatment if the medical practitioner is of

the opinion that such person has sufficient

maturity and understanding to so consent or

refuse

Provided that where the medical

practitioner is of the opinion that the said person

lacks the maturity and understanding to consent

to or to refuse treatment, the consent of the

person having parental or other legal authority

over such person shall be required

Provided further that where the

medical practitioner is of the opinion that the

said person has sufficient maturity and

understanding to consent to treatment but

refuses such treatment, the treatment may still be

given if the medical practitioner is of the opinion

that the treatment is urgently required in the best

interest of the said person.

(3) For the purposes of sub-article (2),

after a medical practitioner shall have certified

that a person as referred to in the said sub-article

has sufficient maturity and understanding to

consent to treatment, other healthcare

professionals regulated by the Health Care

Professions Act shall be considered to be

authorised to participate in the medical attention,

care or treatment and in the healthcare plan

decided by the medical practitioner by offering

and administering those services, benefits,

interventions and treatments required by the said

person without the need for any further

authorisation in that respect.".

Passed by the House of Representatives at Sitting No. 481 of the

13th February, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.36