Mental Health Act 2001
Mental Health Act 2001
_____________
ARRANGEMENT OF SECTIONS
_____________
PART I - PRELIMINARY
Section 2. Interpretation.
(1) In this Act, unless the context otherwise requires
"psychiatrist" means a registered medical practitioner with qualifications, training and experience in the discipline of psychiatry recognized by the Director General; "prescribed" means prescribed by the Minister by regulations made under this Act; "psychiatric hospital" means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital; "government psychiatric hospital" means any premises appointed to be a government psychiatric hospital under section 3; "private psychiatric hospital" means any premises licensed as a private psychiatric hospital under the Private Healthcare Facilities and Services Act 1998 [Act 586]; "gazetted private psychiatric hospital" means a private psychiatric hospital gazetted under section 4; "approved psychiatric hospital" means a government psychiatric hospital designated by the Minister under section 22;
"mental disorder" means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind however acquired; and "mentally disordered" shall be construed accordingly; "Ministry" means the Ministry of Health, Malaysia; "Director General" means the Director General of Health, Malaysia; "Board" means the Board of Visitors appointed under section 38; "Court" means the High Court, a Sessions Court or a Magistrate's Court or a Syariah Court as the context may require, and includes a Judge whether sitting in Court or in Chambers; "Minister" means the Minister charged with the responsibility for health; "person in charge" means the person responsible for the management and control of a psychiatric hospital or psychiatric nursing home or community mental health centre, as the case may be, and the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in the hospital, home or centre; "social welfare officer" means any social welfare officer in the Ministry of Health, Malaysia or in the Ministry or Department responsible for welfare services; "medical officer" means a registered medical practitioner in the service of the Government of Malaysia; "police officer" means any member of the Royal Malaysian Police; "Visitor" means a member of the Board of Visitors appointed under section 38; "licensee" means a person to whom a licence for a private psychiatric hospital or a private psychiatric nursing home or a private community mental health centre, as the case may be, is issued under the Private Healthcare Facilities and Services Act 1998; "Registrar" means the Registrar of a High Court, and includes any Deputy Registrar or Senior Assistant Registrar of the High Court; "registered medical practitioner" means a person who is registered as such under the Medical Act 1971 [Act 50] and who holds a valid practising certificate under the Act; "Medical Director" means (a) the Medical Director of a psychiatric hospital appointed under subsection 5(1) or section 6, as the case may be, and includes a Deputy Medical Director appointed under the section; and (b) the Head of Psychiatry appointed under subsection 5(2) ;
"guardian", in relation to a minor, means the parent or parents of the minor, or a person lawfully appointed by will or by an order of a competent Court to be the guardian of the minor, or a person who has lawful custody of the minor;
"voluntary patient" means a person admitted to a psychiatric hospital under section 9; "involuntary patient" means a person admitted into a psychiatric hospital under section 10, or detained in the hospital under subsection 9(5) or 14(1) or 14(3) , or received into a psychiatric hospital by an order of Court under section 73; "community mental health centre" means a government community mental health centre or a private community mental health centre, and includes a gazetted private community mental health centre; "government community mental health centre" means any premises appointed to be a government community mental health centre under section 33; "private community mental health centre" means any premises licensed as a private community mental health centre under the Private Healthcare Facilities and Services Act 1998; "gazetted private community mental health centre" means a private community mental health centre gazetted under section 34; "friend", in relation to a mentally disordered person, means (a) a person, other than a relative, of or above eighteen years of age with whom the mentally disordered person ordinarily resides (or if the mentally disordered person is for the time being an inpatient in a psychiatric hospital, with whom he last ordinarily resided before he was admitted) , and with whom he has or had been ordinarily residing for a period of not less than two years; or (b) a body or an organization recognized by the Minister under subsection (4) ;
"psychiatric nursing home" means a government psychiatric nursing home or a private psychiatric nursing home, and includes a gazetted private psychiatric nursing home; "government psychiatric nursing home" means any premises appointed to be a government psychiatric nursing home under section 27; "private psychiatric nursing home" means any premises licensed as a private psychiatric nursing home under the Private Healthcare Facilities and Services Act 1998; "gazetted private psychiatric nursing home" means a private psychiatric nursing home gazetted under section 28; "relative" means any of the following persons of or above eighteen years of age: (a) husband or wife; (b) son or daughter; (c) father or mother; (d) brother or sister;
(e) grandparent; (f) grandchild; (g) maternal or paternal uncle or aunt; (h) nephew or niece.
(2) Nothing in the definition of "mental disorder" in subsection (1) shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder by reason only of his promiscuity or other immoral conduct, sexual deviancy, consumption of alcohol or drug, or where he expresses or refuses or fails to express a particular political or religious opinion or belief, or of his antisocial personality. (3) Subsection (2) does not prevent the serious physiological, biochemical or psychological effects, temporary or permanent, of drug or alcohol consumption from being regarded as an indication that a person is mentally ill. (4) The Minister may recognize a body or an organization as a "friend" if the Minister is satisfied as to the character and fitness of the members of the board of directors or committee or other governing body of the body or organization.
Section 5. Appointment of Medical Director and Deputy Medical Director of government psychiatric hospital.
(1) The Minister shall appoint in respect of every government psychiatric hospital (a) a Medical Director who shall be the person in charge; and (b) a Deputy Medical Director.
(2) Where any part of any premises is appointed as a government psychiatric hospital under section 3, the Minister shall appoint in respect of such part, a Head of Psychiatry who shall be the person in charge.
(3) The person to be appointed under subsection (1) or (2) shall be a medical officer and preferably a psychiatrist.
Section 6. Appointment of Medical Director and Deputy Medical Director of private psychiatric hospital.
(1) Without prejudice to the requirement of any other written law, the licensee of every private psychiatric hospital shall appoint (a) a Medical Director, who shall be the person in charge; and (b) a Deputy Medical Director.
(2) The person to be appointed under paragraph (1)(a) or (1)(b) shall be a psychiatrist. (3) For the purpose of subsection (1), a licensee who is a psychiatrist may appoint himself to be the Medical Director of the private psychiatric hospital in respect of which the licence was issued. (4) The licensee of a private psychiatric hospital shall notify the Director General as soon as practicable, but in any case not later than fourteen days from the date of the occurrence, of any change in the Medical Director or Deputy Medical Director of the private psychiatric hospital, and the qualifications, training and experience of the new Medical Director or Deputy Medical Director, as the case may be.
Section 7. Licensee and Medical Director of private psychiatric hospital to comply with the Private Healthcare Facilities and Services Act 1998.
(1) The licensee and Medical Director of a private psychiatric hospital, including a gazetted private psychiatric hospital, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail. (2) The licensee and Medical Director of a gazetted private psychiatric hospital shall comply with such other additional requirements as may be prescribed. PART II - ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL
(a) upon the order of a medical officer or registered medical practitioner under section 14; (b) as a voluntary patient; (c) upon the order of a medical officer or registered medical practitioner under subsection 9(5) or 14(1) or 14(3) ; (d) in accordance with section 10; (e) by an order of Court under section 55 or 73; (f) upon the order of the Court or the Public Prosecutor under section 342 of the Criminal Procedure Code [Act 593] or the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri of a State under section 344 or 348 of the Criminal Procedure Code, or by the order of the relevant authority under corresponding provisions in any other written law; or (g) on a transfer from another psychiatric hospital, or on return from leave, or on a reapprehension after being absent without leave.
(2) Nothing in this Act shall prohibit any voluntary patient from receiving care, treatment or rehabilitation in any other government hospital, or in any private hospital licensed under the Private Healthcare Facilities and Services Act 1998.
(b) it is necessary for the health or safety of the patient or for the protection of other persons that he continues to receive further care and treatment in the psychiatric hospital,
the medical officer or registered medical practitioner shall make an order in the prescribed form signed by him for the further detention of the patient in the psychiatric hospital for a period not exceeding one month. (6) The Medical Director may (a) grant leave of absence to any voluntary patient; or (b) at any time discharge a voluntary patient if he is satisfied that
(i) it is in the interest of the patient to discharge him; and (ii) the patient is not in need of any further care and treatment in the psychiatric hospital.
(i) the person is suffering from mental disorder of a nature or degree which warrants his admission into a psychiatric hospital for the purposes of assessment or treatment; or (ii) the person ought to be detained in the interest of his own health or safety or with a view to the protection of other persons.
(2) The application and the recommendation in subsection (1) are sufficient authority for the person making the application, or a police officer or any other person authorized by the person making the application, to take the person to whom the recommendation relates to a psychiatric hospital. (3) Where a person is admitted to a psychiatric hospital under this section, the Medical Director of the psychiatric hospital shall, within twenty-four hours of the person's admission, make or cause to be made on him by a medical officer or a registered medical practitioner such examination as the Medical Director may consider necessary for determining whether or not the continued
detention of the person is justified. (4) The medical officer or registered medical practitioner who makes the recommendation under paragraph (1)(b) or who admits the patient under subsection (1) shall not examine the patient under this subsection. (5) Where upon the examination of the person under subsection (3) the Medical Director (a) is not satisfied that the continued detention of the person is justified, he shall discharge the person; or (b) is satisfied that the continued detention of the person is justified, he shall make an order in the prescribed form signed by him for the detention of the person for a period not exceeding one month.
(6) Where a person who is detained by order issued under paragraph (5)(b) or subsection 9(5) is not sooner discharged, the Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified. (7) The examination of the person under subsection (6) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist. (8) Where upon the examination of the person under subsection (6), the medical officers or registered medical practitioners, as the case may be (a) are not satisfied that the continued detention of the person is justified, they shall discharge the person; or (b) are satisfied that the continued detention of the person is justified, they shall make an order in the prescribed form signed by them for the detention of the person for a further period not exceeding three months.
Section 12. Procedure in cases of proved ill-treatment of suspected mentally disordered person.
Where a person has been convicted of an offence under Chapter XVI of the Penal Code [Act 574] involving hurt, grievous hurt, wrongful restraint, wrongful confinement, assault or criminal force
against any other person, and the Court has reason to suspect that that other person is mentally disordered and is not under proper care and control, the Court may send that person before a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.
Section 13. Procedure in cases of neglect or cruel treatment of suspected mentally disordered person.
(1) If it appears to a Magistrate, on the report of a police officer or on the information of any person, that a person reasonably suspected of being mentally disordered (a) is not under proper care and control; or (b) is neglected or cruelly treated by any relative or any other person having charge of him, the Magistrate may send for the person suspected of being mentally disordered and summon the relative or the person who has, or ought to have, charge of him. (2) Where the Magistrate is satisfied, after due inquiry, that the person summoned under subsection (1) is legally bound to maintain the suspected mentally disordered person, he may make an order requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned. (3) Where there is no person legally bound to maintain the suspected mentally disordered person, the Magistrate may make an order for the person to be sent to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital. (4) It shall be the duty of every police officer not below the rank of Inspector to report to a Magistrate every such case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge. (5) If an order is made by the Magistrate under subsection (2) , any medical officer in a government psychiatric hospital or any registered medical practitioner in a gazetted private psychiatric hospital, as the case may be, or any police officer not below the rank of Inspector, or any social welfare officer may, at such reasonable time as the Magistrate shall fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and the person who was ordered by the Magistrate to properly care for and treat the suspected mentally disordered person shall produce the suspected mentally disordered person for the inspection of the medical officer, registered medical practitioner, police inspector or social welfare officer. (6) A person who fails to comply with an order made under subsection (2) or who refuses to produce the suspected mentally disordered person under subsection (5) commits an offence and shall on conviction be liable (a) in the case of an offence under subsection (2) , to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and (b) in the case of an offence under subsection (5) , to a fine not exceeding five hundred ringgit.
Section 14. Order of admission into psychiatric hospital by medical officer or registered medical practitioner or by order of Court under section 11, 12,
13 or 73.
(1) Where a person is brought or sent before a medical officer or registered medical practitioner under section 11, 12, 13 or 73, the medical officer or registered medical practitioner shall examine the person and (a) if he is satisfied that the person is not mentally disordered, he shall discharge him; (b) if he is satisfied that, though still mentally disordered, the person is not in need of further care or treatment in a psychiatric hospital and is not dangerous to himself or to other persons, he shall discharge the person; or (c) if he is satisfied that the person is mentally disordered, he shall make an order in the prescribed form signed by him for the person to be admitted and detained in a government psychiatric hospital or a gazetted private psychiatric hospital, and send the person into suitable custody at the psychiatric hospital.
(2) No order shall be made under paragraph (1)(c) by a medical officer or registered medical practitioner who is a relative, partner or assistant of the person to be admitted or of the person presenting the request for the person's admission into the psychiatric hospital. (3) Where an order has been made under paragraph (1)(c) (a) the person to whom the order relates shall be admitted to the psychiatric hospital by the medical officer or registered medical practitioner of the psychiatric hospital; and (b) the Medical Director of the psychiatric hospital shall, within twenty-four hours of the patient's admission, make or cause to be made on the patient such examination as he may consider necessary for determining whether or not the continued detention of the person is necessary. (4) Where upon the examination of the person the Medical Director
(a) is not satisfied that the continued detention of the person is necessary, he shall discharge the person; or (b) is satisfied that the continued detention of the person is necessary for observation, care or treatment, he shall make an order in the prescribed form signed by him for the detention of the person for a further period not exceeding one month. (5) Where a person is detained under paragraph (4)(b) , the Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified. (6) The examination of the person under subsection (5) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist.
(7) Where upon the examination of the person under subsection (6) the medical officers or registered medical practitioners, as the case may be (a) are not satisfied that the continued detention of the person is justified, they shall discharge the person; or (b) are satisfied that the continued detention of the person is justified, they shall make an order in the prescribed form signed by them for the detention of the person for a further period not exceeding three months. PART III - DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL
(7) The Visitors shall not discharge the patient unless they are satisfied, based on the examination under subsection (6) and the Medical Director's report, that the patient (a) is not mentally disordered; or (b) though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons. (8) A person aggrieved by the decision of the Visitors under subsection (7) may appeal in writing to the Director General within fourteen days from the date of receipt of the Visitor's refusal to grant his discharge. (9) When an appeal is made under subsection (8) , the Visitors shall submit the report of their examination under subsection (6) together with the report of the Medical Director to the Director General. (10) If, having regard to the patient's current mental condition and upon considering the report of the Medical Director and that of the Visitors, the Director General is not satisfied that the continued detention of the patient is necessary, he shall order that the patient be discharged.
Section 19. Transfer of involuntary patient to another government psychiatric hospital or gazetted private psychiatric hospital.
(1) The Director General or any person authorized by him may, by order, direct the transfer of an involuntary patient from a government psychiatric hospital or a gazetted private psychiatric hospital to another government psychiatric hospital or a gazetted private psychiatric hospital if (a) the Director General or the authorized person is satisfied, on the facts available, that the transfer will be of benefit to the patient or is necessary for the patient's care and treatment; and (b) in the case of a proposed transfer to a gazetted private psychiatric hospital, the Medical Director of the hospital to which it is proposed to transfer the involuntary patient agrees to the transfer.
(2) Subject to paragraph (1)(b) , the Medical Director of the government psychiatric hospital or the gazetted private psychiatric hospital, as the case may be, shall in all cases comply with the order of the Director General under subsection (1) but (a) if the Medical Director is satisfied that it will be of benefit to an involuntary patient under his care to be transferred to another psychiatric hospital other than that mentioned in the order; and (b) arrangement for the transfer could be made or has been made with the Medical Director of the psychiatric hospital to which it is proposed to transfer the involuntary patient, the Medical Director shall communicate his views in writing to the Director General whose decision on the matter is final. (3) An order made under subsection (1) or (2) shall be sufficient authority for the reception and detention of the person to whom the order relates in the psychiatric hospital to which he is transferred.
Section 21. Duty to notify Court of discharge of patient detained under subsection 55(1) or section 73.
Where a patient received into a government psychiatric hospital or gazetted private psychiatric hospital by order of the Court under subsection 55(1) or section 73 is discharged from such hospital, the Medical Director shall as soon as practicable notify the Court of the fact of the person's discharge in such form as may be prescribed.
PART IV - ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE
Section 24. Review of persons confined under section 348 of the Criminal Procedure Code by Visitors.
(1) Where the Medical Director of an approved psychiatric hospital under section 23 is satisfied that a person admitted and confined under section 348 of the Criminal Procedure Code or corresponding provisions in any other written law may be safely discharged without any danger of his doing injury to himself or to any other person, he may, as soon as may be possible, cause the person to be brought before the Visitors for personal examination. (2) If upon considering the report of the Medical Director and by the personal examination of the person, the Visitors are satisfied that the person poses no danger to himself or to any other person, the Visitors and the Medical Director shall jointly certify as required under section 350 of the Criminal Procedure Code that the person may be safely discharged without danger of his doing injury to himself or to any other person. (3) The certificate referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined by the order of the Yang di-Pertuan Agong.
Section 25. Review of persons confined under section 344 or 348 of the Criminal Procedure Code by Visitors on an application of a relative or friend.
(1) If a relative or friend of a person confined in an approved psychiatric hospital makes an
application under section 351 of the Criminal Procedure Code for the person to be delivered over to his care or custody, that relative or friend may give a copy of that application to the Medical Director of the approved psychiatric hospital. (2) Upon receiving a copy of the application, the Medical Director and the Visitors of the approved psychiatric hospital shall examine the person and prepare a report certifying whether in their judgment that person could be delivered over to the care or custody of the relative or friend without any danger of the person doing injury to himself or to any other person. (3) The report referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined by the order of the Yang di-Pertuan Agong.
PART V - ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME
Section 30. Duty of licensee and person in charge of private psychiatric nursing home.
The licensees and persons in charge of private psychiatric nursing homes, including gazetted private psychiatric nursing homes, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998 relating to private psychiatric nursing homes, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.
Section 31. Admission of patient into government, private and gazetted private psychiatric nursing home.
(1) Subject to subsections (2) and (3) , a person who is suffering or convalescing from mental disorder may be admitted into a psychiatric nursing home as a voluntary patient (a) upon his own request; (b) upon the request of a relative; or (c) upon the request of a Medical Director of a psychiatric hospital. (2) Notwithstanding subsection (1) , no person shall be admitted into a psychiatric nursing home except under the direction of a medical officer or registered medical practitioner who is preferably a psychiatrist. (3) The patient referred to in subsection (1) shall not be admitted into the psychiatric nursing home except for the purpose of providing him with accommodation and nursing and rehabilitative care. (4) A patient admitted under this section or his relative may, on giving notice to the person in charge, request his discharge from the psychiatric nursing home and upon such request the patient shall not be kept in the psychiatric nursing home for more than twenty-four hours from the receipt by the person in charge of the notice. (5) A patient admitted to a psychiatric nursing home under this section shall be examined by a medical officer or registered medical practitioner regularly, and in any case at least once in every two weeks. (6) Where a medical officer or a registered medical practitioner is satisfied that (a) the patient's mental condition has deteriorated; and (b) it is necessary for the health or safety of the patient or for the protection of other persons that he receives further care and treatment, the medical officer or registered medical practitioner shall recommend that the patient be admitted to a psychiatric hospital either voluntarily or in accordance with section 10; and in the event that no relative of the person is available to make an application under section 10, the person in charge of the nursing home may make the application under paragraph 10(1)(a) as if
PART VI - RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE
Section 36. Licensee and person in charge of private community mental health centre.
The licensees and persons in charge of private community mental health centres, including gazetted private community mental health centres, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998 relating to private community mental health centres, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.
to Visitors appointed under this section to be the Visitors for the current month. (2) Subject to this section, where a member appointed for any month is unable to act for that month or any part thereof, the Chairman shall appoint another member in his place. (3) The Visitors for a psychiatric hospital shall at all times consist of a medical officer or a registered medical practitioner, preferably a psychiatrist, who does not work in that hospital and two other persons, and one of such Visitors shall be a female person. (4) The Visitors for a psychiatric nursing home shall at all times consist of a medical officer or a registered medical practitioner, preferably a psychiatrist, and a government staff nurse or registered staff nurse who does not work in that nursing home or have patients in that nursing home and one other person, and one of such Visitors shall be a female person. (5) Except where the decision of the Visitors to recommend the discharge of a person confined under section 344 or 348 of the Criminal Procedure Code or corresponding provisions of any other written law must be unanimous, the decision of the Visitors on any other matter before them may be unanimous or by a majority consisting of the concurring opinions of two Visitors.
(a) the patient be discharged; (b) the patient be discharged at a future date as specified in the direction; or (c) the patient be detained for care and treatment for a further period not exceeding twelve months as may be specified in the direction.
(3) Where the Visitors have made a direction under paragraph (2)(c) , the patient to whom the order relates, if he is not sooner discharged, shall (a) notwithstanding section 20, be examined by the Medical Director at least once in four weeks; and (b) be reviewed by the Visitors at least once, before the end of the period of his detention in the psychiatric hospital to determine whether or not the continued detention of the patient is necessary. (4) At each review of a patient by the Visitors under paragraph (3)(b) , the Visitors may, upon considering the report of the Medical Director and by a personal examination of the patient, direct that (a) the patient be discharged; (b) the patient be discharged at a future date as specified in the direction; or (c) the patient be detained for care and treatment for a further period not exceeding twelve months as may be specified in the direction. (5) The review under subsection (4) shall continue for as long as the patient is detained in the psychiatric hospital and the provisions of subsection (3) shall continue to apply with every detention of the patient for a further period not exceeding twelve months.
Section 48. Application of Part XII of the Private Healthcare Facilities and Services Act 1998.
Part XII of the Private Healthcare Facilities and Services Act 1998 on Mortality Assessment shall apply to psychiatric hospitals, psychiatric nursing homes and community mental health centres, subject to the modifications in Schedule I.
Section 50. Power of Director General to issue directives, orders or guidelines relating to quality assurance.
The Director General may issue directives, orders, or guidelines relating to the quality and standards of psychiatric hospitals, psychiatric nursing homes or community mental health centres as he deems necessary.
determine whether a person subject to the jurisdiction of the Court and alleged to be mentally disordered is incapable of managing himself and his affairs due to such mental disorder. (2) The order of the Court under subsection (1) may also contain directions for inquiries to be made concerning (a) the nature of the property belonging to the person alleged to be mentally disordered; (b) the persons who are his relatives; (c) the period during which he has been mentally disordered; or (d) such other questions as the Court deems proper. (3) The application for such an inquiry may be made by a relative of the person alleged to be mentally disordered, or by any public officer nominated by the Minister for the purpose of making the application.
(c) the effect of the condition of the person upon his conduct in administering his estate; and (d) any other circumstances the psychiatrist considers relevant to the estate and the person and his condition. (3) The report referred to in paragraph (1)(a) shall be admissible in evidence at the inquiry to be held by the Court under this Part.
Section 55. Power to send person alleged to be mentally disordered to a government psychiatric hospital or a gazetted private psychiatric hospital for purpose of observation.
(1) The Court may, in lieu of or in addition to its powers under section 54, and on such evidence as it deems sufficient, make an order that the person alleged to be mentally disordered be admitted into a government psychiatric hospital or a gazetted private psychiatric hospital for observation for a period not exceeding one month; and the Court may on subsequent application by the Medical Director order an extension for a further period of observation not exceeding one month. (2) The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not mentally disordered, the person shall be discharged by the Medical Director into the care of the person making the application under subsection 52(3) and shall appear before the Court at the time and place appointed by the Court. (3) Upon the admission of the person concerned to the psychiatric hospital under subsection (1) , the Medical Director shall keep the person under observation and shall, before the expiry of the period mentioned in the order, certify in writing to the Court his opinion as to the state of mind of the person. (4) In making his certification under subsection (3) the Medical Director shall consider the matters set out in subsection 54(2) . (5) The certificate under subsection (3) shall be admissible in evidence at the inquiry to be held by the Court under this Part. (6) If, at any time after certification, the person is or becomes mentally disordered, the applicant under subsection 52(3) under whose care the person is placed upon being discharged under subsection (2) shall ensure that the person appear before the Court at the time and place appointed by the Court.
make an order on the report and award such costs as under the circumstances seem just.
(2) The committee shall also, under the order of the Court, exercise all powers vested in a mentally disordered person, whether the powers are vested in him for his own benefit or in his capacity as a trustee or guardian.
debentures or to receive and pay the dividends to a new committee or trustee, or as he directs, within fourteen days after being required by him to do so, the Court may order some fit and proper person to make the transfer or to transfer the stock, securities, shares or debentures and to receive and pay over the dividends in such manner as the Court may direct, and the transfer or payment shall be valid and effectual for all purposes.
Section 70. Transfer of property of mentally disordered person residing outside Malaysia.
Where any property situated in Malaysia is standing in the name of or vested in any person residing outside Malaysia, the Court, if satisfied (a) that the person has been declared to be a mentally disordered person; and (b) that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing, may order some fit and proper person to make such transfer of the property or of any part of the property to the committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits of the property as the Court deems fit; and any act done in pursuance of the order shall be valid and effectual for all purposes.
satisfies the Court that he undertakes to take proper care of the person and prevent him from injuring himself or others, the Court may, instead of making an order under the subsection, make an order handing him over to the care of the friend or relative. (3) A person received into a psychiatric hospital by an order of the Court under subsection (1) shall, for the purpose of this Act, be deemed to be an involuntary patient.
Section 75. Discharge of person found on inquiry to be capable of managing himself and his affairs.
Where after an inquiry into the capability of a person detained in a psychiatric hospital to manage himself and his affairs the Court has made an order under subsection 74(3) , the Medical Director of the psychiatric hospital shall, immediately on the production of a certified copy of the order, discharge that person from the hospital.
PART XI - ENFORCEMENT
Section 76. Application of Part XVI of the Private Healthcare Facilities and Services Act 1998.
Part XVI of the Private Healthcare Facilities and Services Act 1998 on enforcement shall apply for the enforcement of this Act subject to the modifications in Schedule II.
(2) For purposes of subsection (1) , it shall be the duty of the registered medical practitioner concerned to ensure that informed consent is first obtained from the patient himself under paragraph (1)(a) before invoking paragraph (1)(b) or (1)(c) . (3) In cases of emergencies, consent for surgery or electroconvulsive therapy may be given (a) by the guardian or a relative of the patient; or (b) by two medical officers or two registered medical practitioners, as the case may be, one of whom shall preferably be a psychiatrist, if there is no guardian or relative of the patient immediately available or traceable. (4) Except for subsections (1) and (2) , no consent is required for other forms of conventional treatment. (5) In determining whether or not a mentally disordered person is capable of giving consent under paragraph (1)(a), the examining psychiatrist shall consider whether or not the person examined understands (a) the condition for which the treatment is proposed; (b) the nature and purpose of the treatment; (c) the risks involved in undergoing the treatment; (d) the risks involved in not undergoing the treatment; and (e) whether or not his ability to consent is affected by his condition
The Medical Director of every psychiatric hospital shall take such steps as are reasonably practicable to ensure that every patient in the hospital and a relative of the patient, understand (a) under which provision of this Act the patient is for the time being detained and the effect of the provision; and (b) what rights are available to the patient for him to apply for his discharge.
Section 79. Indemnity and protection against suit and legal proceedings.
No action shall lie or prosecution shall be brought, instituted or maintained against any person in any court for any thing done or omitted to be done under this Act (a) in good faith; (b) in the reasonable belief that it was necessary for the purpose intended to be served thereby; or (c) for carrying into effect the provisions of this Act.
Section 80. Copy of reception order to be sent to Medical Director of government psychiatric hospital or gazetted private psychiatric hospital.
A medical officer or registered medical practitioner making an order under section 14 or a Court making an order under section 55 or 73 shall immediately send a certified copy of the order to the Medical Director of the government psychiatric hospital or gazetted private psychiatric hospital into which the person who is the subject of the order is to be received.
commits an offence. (2) A person who ill-treats or wilfully neglects a mentally disordered person who is in his custody or under his care and protection commits an offence. (3) A person who commits an offence under this section shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
the fine to exceed ten thousand ringgit or the term of imprisonment to exceed six months.
(2) Without prejudice to the generality of the powers conferred by subsection (1) regulations may be made for all or any of the following purposes: (a) to prescribe the forms and certificates to be used for the purposes of this Act; (b) to prescribe the standards and specifications in respect of the siting, design and construction of government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes or community mental health centres; (c) to prescribe the standards of accommodation, sanitation or other amenities in government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes and community mental health centres; (d) to prescribe the standards of the apparatus, appliance, equipment, instrument, substance, furnishing, and other things to be provided by government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes and community mental health centres; (e) to prescribe the standards for the maintenance, administration or staffing of, and the provisions of facilities and services by, government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes and community mental health centres; (f) to regulate the keeping of such books, records, registers or other documents or the furnishing of such reports or statistics as may be necessary for the purposes of this Act; (g) to prescribe the management, control, superintendence and care of government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes and community mental health centres, including the functions, responsibilities, duties and powers of Medical Directors, Deputy Medical Directors or persons in charge of the psychiatric hospitals, psychiatric nursing homes and community mental health centres; (h) to prescribe all matters relating to the rights and privileges of patients; (i) to prescribe all matters relating to the issue of communication by and with persons detained in psychiatric hospitals; (j) to prescribe the conditions and circumstances under which physical and chemical means of restraint or seclusion may be applied to persons detained in psychiatric hospitals; (k) to prescribe the duties and powers of, and the procedure to be followed by, the Board; (l) to provide for acceptable quality assurance and quality control in respect of psychiatric
hospitals, psychiatric nursing homes and community mental health centres; (m) to prescribe the type of unforeseeable or unanticipated incidents to be reported, the procedure for reporting, the manner of investigation to be conducted, the report and statistical data to be submitted; (n) to prescribe all matters relating to policy statements and matters relating to grievance mechanism; (o) to prescribe anything which is to be or which may be prescribed under this Act.
Section 64
Section 67
(b) substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner"; and
(c) insert after the words "medical technology on a" the words "mentally disordered". Section 68 1. In the marginal note, substitute for the words "and dental practitioners" the words "officer and registered medical practitioner". 2. In subsection (1)
(a) substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner"; and
3. In subsection (2) , substitute for the words "practitioner and dental practitioner" the words "officer and registered medical practitioner".
4. In subsection (3)
(a) in paragraph (b) , substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner"; and
(b) in paragraph (c) , substitute for the words "private healthcare facility" the words "psychiatric hospital or psychiatric nursing home or community mental health centre". Section 69 In subsections (2) and (3) , substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner". 1. In subsection (1)
Section 70
(a) insert after the words "Committee or a" the word "psychiatric"; and
(b) substitute for the words "private healthcare facility" the words "psychiatric hospitals, psychiatric nursing homes or community mental health centres".
2. Delete subsection (3) . Section 71 In subsection (1) , insert after the words "in connection with the function of a" the word "psychiatric".
Section 72
"Psychiatric mortality assessment committee at psychiatric hospital, psychiatric nursing home or community mental health centre. ".
2. In subsection (1)
(a) substitute for the words "private healthcare facility or service" the words "psychiatric hospital, psychiatric nursing home or community mental health centre"; and
(b) insert after the words "level any" the word "psychiatric".
3. In subsection (2)
(a) substitute for the words "person in charge of a private healthcare facility or service" the words "Medical Director or person in charge of a psychiatric hospital, psychiatric nursing home or community mental health centre"; and
(b) insert after the words "of each" the word "psychiatric".
4. In subsection (3)
(a) insert after the words "subsection (4) , a" the word "psychiatric";
(c) insert after the words "person as the" the words "Medical Director or".
5. In subsection (4) , substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner".
6. In subsection (5)
(a) substitute for the words "practitioner or dental practitioner" the words "officer or registered medical practitioner"; and
(b) insert after the word "whose" the words "mentally disordered".
7. In subsection (6)
(a) insert after the words "carried out by a" the word "psychiatric"; and
(b) substitute for the words "private healthcare facility or service" the words "psychiatric hospital, psychiatric nursing home or community mental health centre".
(2) Modifications
General
Except for sections 91 and 93, substitute for the words "facility", "private healthcare facility or service", "private healthcare facility" or "healthcare facility" wherever they appear in Part XVI the words "psychiatric hospital, psychiatric nursing home or community mental health centre". Substitute for subsection (1) the following subsection: "(1) An Inspector shall have the power to enter and inspect at any time any psychiatric hospital, psychiatric nursing home or community mental health centre, or any premises which he suspects or has reason to believe is being used to house, treat or detain any number of persons who are mentally disordered or suspected to be mentally disordered. ". 1. Substitute for the words "healthcare facility or to provide any private healthcare services", "healthcare facility or for providing private healthcare service" and "healthcare facility or service" wherever they appear the words "psychiatric hospital, psychiatric nursing home or community mental health centre". 2. In paragraph (1)(a) , substitute for the words "this Act" the words "the Private Healthcare Facilities and Services Act 1998". 3. In paragraph (1)(b) , insert after the words "Director General" the words "under that Act".
Section 88
Section 91
Section 92
In subsection (2) , insert after the words "an offence" the words "and shall on conviction be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both". Substitute for that section the following section: " 93. Duty to assist Inspector. Whenever an Inspector exercise his powers under sections 88, 89, 90, 91 and 92 it shall be the duty of the person in charge, the licensee, owner or occupier, and any employee or servant of the psychiatric hospital, psychiatric nursing home or community mental health centre, and any person found therein (a) to provide the Inspector with all such facilities and assistance and Inspector may reasonably require;
Section 93
(b) to give the Inspector all reasonable information required by him in respect of the psychiatric hospital, psychiatric nursing home or community mental health centre, as the case may be, relating to its management or any other matter connected therewith; and (c) to produce any book, record or document in his possession or custody or under his control or within his power to furnish relating to the affairs of the psychiatric hospital, psychiatric nursing home or community mental health centre. ". Section 99 1. In subsection (1), substitute for the words "the holder of the approval or the licensee or holder of a certificate of registration" wherever they appear the words "the person in default". 2. In subsection (4) , substitute for the words "the holder of the approval, licensee, holder of a certificate of registration" appearing in paragraph (a) the words "the person in default". 3. In subsection (6) , substitute for the words "the holder of the approval or the licensee or holder of the certificate of registration" the words "the person in default". Section 100 Delete subsection (1) .
LIST OF AMENDMENTS
Amending law
In force from