Mental Health ACT of 2001 ExplanationThe following is a plain-language summary of the Mental Health Act (Ordinance) (2001). We made it to help make learning easy.
If a patient is suffering from a mental disorder for which he needs inpatient assessment to prevent harm to the patient himself or others, but he is not willing to get admitted, section 10 can be used to admit(detain) him against his will (i.e. involuntarily). First, an application must be written (context from section 17, general provisions) by the nearest relative of the patient. A psychiatrist or medical officer can also write the application but, they must inform the nearest relative as soon as possible when they write the application. Anyone who writes the application must also specify the reasons for his eligibility to write the application. This application (Section 10à) must be based on the recommendations of two practitioners (one must be a1 psychiatrist, one medical officer). These two practitioners will write down their opinions and must specify the reasons why detention in the hospital is required (i.e., there is a risk, he is suffering, cannot be managed in the community, he is not consenting). The application must be signed and verified by the applicant.
With this application in hand, (Section-16à) the applicant (or someone authorized by him) can now take/convey the 2patient to the psychiatric 3facility for detention within two weeks after he was last examined by the psychiatrist or the medical officer who recommended detention. The (Section 15à) husband or wife of the patient will present the application (section 17) to the 4hospital management. If the spouse cannot present it, then the nearest relative of the patient must present it. He/she also must specify his connection/relationship with the patient (e.g. I am his brother) and the reason why the patient’s spouse can not present the application (e.g., she is dead, he is abroad, etc.). He must sign and verify the application before presenting it (in the psychiatric facility where they want to detain him). It is also mandatory that the presenter of the application must be an adult and must have personally seen the patient in the last two weeks.
The application (Section-16) authorizes the hospital management to detain him, within two weeks after he was last examined by the psychiatrist or the medical officer who recommended detention. They can do this without the need to verify that the signatures are real, and the practitioners who recommended detention are qualified
The psychiatrist (section 23à) can discharge a patient after assessment if he finds him capable of taking care of himself and not dangerous to himself and others. He must inform the relatives of the patient and notify the authority who referred him for detention about his discharge.
If you think that a patient needs a treatment which can save his life, or prevent harm to himself or others, including suffering or worsening of his condition violence, deliberate self-harm, suicide, etc., you should obtain consent as in other cases, according to section 51. But, if that is not possible, then you can give the treatment without consent, but only in the conditions enlisted.
The court will fix an amount of payment for the guardian of the patient so that he can spend on the care and maintenance of the patient and his dependents (e.g., children, wife, etc.). The manager of the property of the patient will keep paying this amount to the guardian.
The manager of the property will handle the care and the cost of treatment and maintenance of the patient and his dependents (e.g., children, wife, etc.).
If a patient is not able to take care of himself, the court may name a guardian for him, who can look after him in a psychiatric facility.