MENTAL HEALTH ACT 2001

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 615 MENTAL HEALTH ACT 2001 As at 1 February 2014 2 MENTAL HEALTH ACT 2001 Date of Royal Assent … … … … … 6 September 2001 Date of publication in the Gazette … … 27 September 2001 PREVIOUS REPRINTS First Reprint ... … … … … 2002 Second Reprint ... … 2006 … … 3 LAWS OF MALAYSIA Act 615 MENTAL HEALTH ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Appointment of government psychiatric hospital 4. Appointment of gazetted private psychiatric hospital 5. Appointment of Medical Director and Deputy Medical Director of government psychiatric hospital 6. Appointment of Medical Director and Deputy Medical Director of private psychiatric hospital 7. Licensee and Medical Director of private psychiatric hospital to comply with the Private Healthcare Facilities and Services Act 1998 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL 8. Admission of patient into psychiatric hospital 9. Admission of voluntary patient into psychiatric hospital 4 Laws of Malaysia ACT 615 Section 10. Admission of involuntary patient into psychiatric hospital 11. Apprehension of mentally disordered person 12. Procedure in cases of proved ill-treatment of suspected mentally disordered person 13. Procedure in cases of neglect or cruel treatment of suspected mentally disordered person 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 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL 15. Discharge of involuntary patient by Medical Director 16. Discharge of involuntary patient on application 17. Leave of absence 18. Apprehension of involuntary patient 19. Transfer of involuntary patient to another government psychiatric hospital or gazetted private psychiatric hospital 20. Review of involuntary patient by Medical Director 21. Duty to notify Court of discharge of patient detained under subsection 55(1) or section 73 PART IV ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE 22. Designation of approved psychiatric hospital 23. Examination of persons detained or confined in an approved psychiatric hospital Mental Health 5 Section 24. Review of persons confined under section 348 of the Criminal Procedure Code by Visitors 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 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME 26. Psychiatric nursing home 27. Appointment of government psychiatric nursing home 28. Appointment of gazetted private psychiatric nursing home 29. Person in charge of government psychiatric nursing home 30. Duty of licensee and person in charge of private psychiatric nursing home 31. Admission of patient into government, private and gazetted private psychiatric nursing home PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE 32. Community mental health centre 33. Appointment of government community mental health centre 34. Appointment of gazetted private community mental health centre 35. Person in charge of government community mental health centre 36. Licensee and person in charge of private community mental health centre 37. Community care treatment at community mental health centre 6 Laws of Malaysia ACT 615 PART VII BOARD OFVISITORS Section 38. Appointment of Board of Visitors 39. Terms and conditions of appointment 40. Board to arrange roster for Visitors 41. Meetings of the Board 42. Duty to visit psychiatric hospital or psychiatric nursing home 43. Report of Visitors 44. Examination of involuntary patient by Visitors 45. Review of involuntary patient by Visitors 46. Confidentiality of information by Visitor 47. Allowances, etc., for Board members PART VIII MORTALITY ASSESSMENT 48. Application of Part XII of the Private Healthcare Facilities and Services Act 1998 PART IX QUALITY OF PSYCHIATRIC HEALTHCARE FACILITIES AND SERVICES 49. Quality of psychiatric healthcare facilities and services 50. Power of Director General to issue directives, orders or guideline relating to quality assurance PART X PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER 51. Interpretation Mental Health 7 Section 52. Court may order inquiry 53. Notice of inquiry 54. Power to examine person alleged to be mentally disordered 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 56. Questions to be decided by Court 57. Order as to costs 58. Appointment of committees 59. Powers of management of estate of mentally disordered person 60. Power of Registrar to receive proposal 61. Relatives who may attend proceedings 62. Orders may be made on application 63. Dealing with mentally disordered person’s property 64. Committee to execute instrument 65. Performance of contract 66. Dissolution and disposal of property or partnership 67. Disposal of business premises 68. Committee may dispose of lease 69. Transfer of stock, security, etc., of mentally disordered person 70. Transfer of property of mentally disordered person residing outside Malaysia 71. Power to order maintenance without appointing committee 72. Temporary provision for maintenance 73. Order for reception of mentally disordered person 74. Annulling proceedings 75. Discharge of person found on inquiry to be not mentally disordered PART XI ENFORCEMENT 76. Application of Part XVI of the Private Healthcare Facilities and Services Act 1998 8 Laws of Malaysia ACT 615 PART XII GENERAL Section 77. Giving of consent for surgery, etc. 78. Duty to give information to persons detained 79. Indemnity and protection against suit and legal proceeding 80. Copy of reception order to be sent to the Medical Director of government psychiatric hospital or gazetted private psychiatric hospital 81. Medical certificate, order, etc., may be amended 82. Sums payable by the Government to mentally disordered person 83. Incident reporting 84. Policy statement 85. Construction of written law 86. Ill-treatment of patient 87. Abetment of escape of patients 88. Penalty for improper reception and detention 89. Institution of prosecution 90. Magistrate of the First Class to have full jurisdiction 91. Contravention of subsidiary legislation 92. Power to make regulations 93. Repeal and savings 94. Prevention of anomalies SCHEDULE I SCHEDULE II 9 Laws of Malaysia ACT 615 LAWS OF MALAYSIA Act 615 MENTAL HEALTH ACT 2001 An Act to consolidate the laws relating to mental disorder and to provide for the admission, detention, lodging, care, treatment, rehabilitation, control and protection of persons who are mentally disordered and for related matters. [15 June 2010, P.U.(B) 269/2010] ENACTED by the parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Mental Health Act 2001. (2) This Act comes into operation on such date as the Minister may appoint by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in different parts of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— 10 Laws of Malaysia ACT 615 “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 8; “Court” means the High Court, a Sessions Court or a Magistrate Court or a Syariah Court as the context may require, and includes a Judge whether sitting in Court or in Chambers; Mental Health 11 “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 license 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 practicing 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 12 Laws of Malaysia ACT 615 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