Mental Health Act · 2023 Revised Edition · Part · Admission and Detention in, and Discharge from, Psychiatric Facilities
12. Examination of suspected mentally disordered person by designated medical practitioner in psychiatric facility
Official textFrom Attorney General's Chambers, unchanged
Where a person is brought or sent before a designated medical practitioner of a psychiatric facility under section 9(2), 10, 11(2)(b), 32(3)
designated medical practitioner
“designated medical practitioner”, in relation to any psychiatric facility, means a medical practitioner who is working in the psychiatric facility and who is designated by name or office in writing by the Director-General or such public officer as he may appoint, for the purposes of this Act;
or 62(1), the designated medical practitioner shall examine him and —
if he is satisfied that he is not suffering from a mental disorder, he shall discharge him;
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if he is satisfied that he is suffering from a mental disorder but is not in need of care or treatment in a psychiatric facility, he shall discharge him; or
if he is satisfied that he is suffering from a mental disorder and in need of care or treatment, he shall make an order to send the person to be admitted into and detained in a psychiatric facility.
No order shall be made under subsection (1)(c) by a medical practitioner who is a relative of, or stands in a fiduciary relationship to, the person to be admitted or of the person making the request for his admission, into the psychiatric facility.
medical practitioner
“medical practitioner” means a person who is registered as a medical practitioner under the Medical Practitioners and Dentists Act;
Where an order has been made under subsection (1)(c) —
the person to whom it relates shall be admitted to the psychiatric facility; and
a designated medical practitioner of the psychiatric facility shall, not more than 72 hours after his admission, conduct such examination on him as he may consider necessary to determine whether or not his continued detention is justified.
Where upon an examination under subsection (3)(b) the designated medical practitioner —
is not satisfied that his continued detention is justified, he shall discharge him; or
is satisfied that his continued detention is justified, he shall make an order for his detention for a further period not exceeding one month.
Terms defined in s 2
designated medical practitioner
Defined · s 2“designated medical practitioner”, in relation to any psychiatric facility, means a medical practitioner who is working in the psychiatric facility and who is designated by name or office in writing by the Director-General or such public officer as he may appoint, for the purposes of this Act;
medical practitioner
Defined · s 2“medical practitioner” means a person who is registered as a medical practitioner under the Medical Practitioners and Dentists Act;
mental disorder
Defined · s 2“mental disorder”, subject to subsection (2), means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind, however acquired;
mentally disordered person
Defined · s 2“mentally disordered person” means a person who suffers from a mental disorder;
psychiatric facility
Defined · s 2“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
relative
Defined · s 2“relative” means any of the following persons of or above 18 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;
Part
Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Facilities
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Persons Admitted or Confined in Psychiatric Facilities Under Criminal Procedure Code
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Community Psychiatric Residence
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Community Mental Health Centre
Part
Visits, Examination and Review by Board of Visitors
Part
Quality of Psychiatric Healthcare Facilities and Services
Part
Proceedings in Inquiries Into Mental Disorder
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