Mental Health Act · 2023 Revised Edition · Part · Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Facilities
15. Discharge of involuntary patient on application
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), an involuntary patient or his relative or friend may make an application to the officer in charge requesting his discharge.
involuntary patient
“involuntary patient” means a person admitted into and detained in a psychiatric facility under section 8(1), detained in a psychiatric facility under section 7(4), 12(1) or 12(3) or admitted into a psychiatric facility by an order of the court made under section 44 or 62;
On receipt of an application made under subsection (1), a designated medical practitioner of the psychiatric facility shall examine the patient in respect of whom the application is made and shall record his findings in a report, within one week.
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;
The officer in charge or any officer authorised by him shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient —
officer in charge
“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
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is not suffering from a mental disorder; or
is suffering from a mental disorder but is not in need of further care or treatment in that facility.
Any person aggrieved by the decision of the officer in charge or any officer auhorised by him under subsection (3) refusing to discharge him may appeal in writing to the Board within 14 days from the date of receipt of such decision.
Board
“Board” means a Board of Visitors appointed under regulations made under section 77(1);
When an appeal is made under subsection (4), the officer in charge or any officers authorised by him shall submit the report of the examination under subsection (2) to the Board.
On receipt of an appeal made under subsection (4), the Board shall cause two of its members, one of whom shall be a psychiatrist, to examine the person in respect of whom the appeal is made and record their findings in a report.
psychiatrist
“psychiatrist” means a medical practitioner with such qualifications, training and experience in psychiatry as the Director-General may recognise;
The Board shall not discharge the patient unless it is satisfied, based on the reports of the examinations under subsections (2) and (6) that the patient —
is not suffering from a mental disorder; or
is suffering from a mental disorder but is not in need of further care or treatment in that facility.
Any person aggrieved by the decision of the Board under subsection (7) may appeal in writing to the Director-General within 14 days from the date of receipt of the Board’s refusal to discharge him.
Director-General
“Director-General” means the Director-General of Medical Services;
When an appeal is made under subsection (8), the Board shall submit the reports of the examinations under subsections (2) and (6) to the
Director-General.
If, having regard to the patient’s mental condition at that time and upon considering the reports of the examinations under subsections (2)
and (6), the Director-General is not satisfied that the continued detention of the patient is justified, he shall order that the patient be discharged.
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Terms defined in s 2
Board
Defined · s 2“Board” means a Board of Visitors appointed under regulations made under section 77(1);
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;
Director-General
Defined · s 2“Director-General” means the Director-General of Medical Services;
friend
Defined · s 2“friend”, in relation to a mentally disordered person, means — (a) a person, other than a relative, of or above 18 years of age — (i) with whom the mentally disordered person had been ordinarily residing for a period of not less than 2 years; or (ii) if the mentally disordered person is an in-patient in a psychiatric facility, with whom he had been ordinarily residing for a period of not less than 2 years before he was admitted there; or (b) a body or an organisation recognised by the Minister under subsection (4);
involuntary patient
Defined · s 2“involuntary patient” means a person admitted into and detained in a psychiatric facility under section 8(1), detained in a psychiatric facility under section 7(4), 12(1) or 12(3) or admitted into a psychiatric facility by an order of the court made under section 44 or 62;
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;
officer in charge
Defined · s 2“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
psychiatric facility
Defined · s 2“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
psychiatrist
Defined · s 2“psychiatrist” means a medical practitioner with such qualifications, training and experience in psychiatry as the Director-General may recognise;
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;
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Visits, Examination and Review by Board of Visitors
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Quality of Psychiatric Healthcare Facilities and Services
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