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Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.Declaration of interestT.A. is a paid consultant for Boston Scientific, Medtronic and St. Jude Medical. He has received honoraria from Abbott, Boston and Medtronics and served as consultant to all three.

Original publication

DOI

10.1192/bjp.2018.200

Type

Journal article

Journal

Br J Psychiatry

Publication Date

03/2019

Volume

214

Pages

133 - 136

Keywords

Mental Health Act, deep brain stimulation, medical ethics, mental capacity, mental health law