The Mental Health (Care & Treatment) Act

The Mental Health (Care & Treatment) Act 2018-01-30T16:37:05+08:00
  • Visitors: two individuals, at least one of whom is a medical professional, who inspect a psychiatric institution and orders of admission of all new patients at three-monthly intervals
  • The Mental Health Act allows a person to be admitted and detained in a psychiatric institution for a specified period of time
  • It is the duty of every police officer to apprehend a mentally disordered patient who is believed to be a danger to himself or others, and bring them without delay to any medical practitioner for examination
  • Form 1
    • For any medical practitioner at a psychiatric institution who has examined a mentally disorder person, and believes that the individual requires admission for treatment
    • Allows detention for 72 hours from the time at which the order was signed
  • Form 2
    • Must be signed before the expiration of Form 1
    • Must be signed by another medical practitioner (i.e. aside from the one who detained the patient)
    • The medical practitioner must have examined the patient
    • The medical practitioner must believe that the patient requires further treatment
    • Allows treatment for one month from the expiration of Form 1
  • A patient cannot be detained for longer than 1 month and 3 days unless he is brought before two designated medical practitioners at the psychiatric institution (at least one of whom must be a psychiatrist), and they both agree that further treatment is necessary
  • Form 3
    • Must be signed by both medical professionals who believe further detention is necessary
    • At least one must be a psychiatrist
    • Allows detention of not longer than 6 months from the date of the order
  • Form 4
    • For the use of the visitors who inspect the premises every three months
    • If the visitors are satisfied by the report of the principal officer of the patient, and have inspected the patient detained under Form 3
    • Used to apply to the Magistrate for further periods of detention
  • Form 5
    • Issued by the Magistrate upon receiving Form 4
    • Allows for detention up to 12 months
    • Visitors may subsequently make further applications after 12 months using Form 4
  • Patients may only be detained if:
    • They suffer from a mental disorder which warrants detention
    • It is necessary in the interests of health and safety to the patient or for the protection of others

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