Mental Health Ordinance 2001
Assessment and Treatment of
Mentally Disorder persons.
Assessment and Treatment of Mentally
Disordered Persons
1. Care in the community (section 7)
2. Care and treatment on an informal or
voluntary basis. (section 8)
3. Admission for assessment (section 10)
4. Admission for treatment (section 11)
5. Admission for assessment in case of
urgency. (section 12)
6. Emergency holding (section 13)
Care in the Community
Section 7
Provision of Guidance, education,
rehabilitation after care and
preventive measures in the
community (Family, home,
workplace or educational
institutions etc).
Care and Treatment on Informal or
Voluntary Basis
Section 8
• Patient comes himself or is brought by
relative or referred by a medical practioner
for Psychiatric assessment.
• Is Examined by Psychiatrist / medical
officer.
• Treated on outpatient basis or otherwise.
• May be discharged on withdrawal of his
consent.
Restraint /Detention for Assessment
& Treatment
a.
b.
c.
d.
Admission for assessment.
Admission for treatment
Urgent admission for assessment.
Emergency holding.
Admission for Assessment
Section 10
• Grounds for detention. patient’s own interest
or protection of other persons. Care and
treatment in community on an informal and
voluntary basis is not possible.
• Medical recommendation. Two
1. Psychiatrist, 2. Medical officer.
• Period of detention. 28 days
• Right of appeal (To the court of protection). only
once within 14 days.
Admission for Treatment
Section 11
• Grounds for detention. Need of treatment in
psychiatric facility in Patient’s own interest or
protection of other.
• Medical recommendation. Two medical officers
one of whom approved Psychiatrist.
• Period of detention. Six Months
• (Renewable for a further six months then for period
of one years as many times required).
• Right of appeal (To the court of protection). Right
of one appeal in each period of detention.
Urgent Admission for Assessment
Section 12
• Grounds for detention. Urgent necessity for
detention and fact that procedure under Sec
11 will invite undesirable delay.
• Medical recommendation. One approved
psychiatrist or his nominated medical officer.
• Period of detention. 72 hour
• Right of appeal (To the court of protection). No.
Emergency Holding
Section 13
• Grounds for detention. Necessity to hold an
admitted patient for safety of his health and
protection of other and it is not practicable to
furnish medical recommendation to In charge of
psychiatric facility or his nominated M.O.
• Medical recommendation. One by M.O. of the
psychiatric facility.
• Period of detention. 24 hour
• Right of appeal (To the court of protection). No.
Type of Detention Medical Period
Recom.
Right
of
Appeal
Yes
Admission for
Assessment
Admission for
Treatment
Two
28 Days
Two
6 Month
Yes
Renewable
Urgent Admission
for Assessment
One
72 Hours
No
Emergency
Holding
One
24 Hours
No
Chapter-5
Leave & DischargeLeaveA relative can apply for grant of leave from
psychiatric facility of an admitted patient to
psychiatrist in charge on submission of
undertaking:i. To take care of mentally ill
ii. To prevent the patient to cause injury to himself
or to other.
iii. To bring back patient after expiring of leave.
Discharge of patientSection – 21.
The psychiatrist In charge of the treatment may
order discharge of the patient at any time be
deem it appropriate.
Section-22
i.
ii.
Any patient who feels that he has recovered,
apply to magistrate.
Magistrate after making necessary inquiry, order
for discharge.
Section - 23
If person admitted for assessment is found not
mentally disordered & is capable of taking care of
himself & managing his affairs. He will be
discharged by psychiatrist of the faculty.
Section - 25
Application by relative for discharge of patient
admitted under section 10 & 11, his relative will
apply to magistrate for his discharge & magistrate in
consultation with psychiatrist in charge of
treatment will allow or dismiss the application.
Section – 19
Mentally disordered persons found in public places.
1.
If an officer-in-charge of police station finds in a place
to which the public have access, a person whom he has
reason to believe, is suffering from mental disorder and to
be in immediate need of care/control, the said officer
may, if he thinks it necessary to do so in the interest of
that person or for the protection of other persons,
remove that person to a place of safety , which means
only a Government run health facility, a government run
psychiatric facility, hand him over to any suitable relative
who is willing to temporarily receive the patient.
2.
A person removed to a place of safety under
this section may be detained there of period not
exceeding 72 hours for the purpose of enabling him
to be examined by a psychiatrist or his nominated
medical officer and for making any necessary
arrangements for his treatments or care.
Chapter-VII
Protection of human right of mentally disorder
persons.
1. Cases of attempted suicideSuch persons should be assessed by approved
psychiatrist & if found to be suffering from mental
disorder should be treated.
2. ConfidentialityNo patient shall be publicized not his identity
disclosed to the public through press or media
unless such person chooses to publicize his own
condition.
3. Informed ConsentBefore commencing any investigation (s) and or
treatment has been given to patient or if the
patient is a minor, his nearest relative or a
guardian, as the case may be.
1.
Where the consent of a patient of any form of
investigation (s) and or treatment (s) has been given
by the patient or or if the patient is a minor , his
nearest relative or a guardian, as the case may be,
may withdraw his consent in writing at any time
before the completion of the treatment.
2.
Without prejudice to the application of subsection (s) above to any treatment given under the
plan of treatment to which a patient or if the
patient is a minor, his nearest relative or a guardian,
as the case may be, who has consented, to such a
plan may, anytime withdraw his consent in writing
to further treatment, or to further treatment of any
description under the plan of treatment.