Mental Health Act · 2023 Revised Edition · Part · Admission and Detention in, and Discharge from, Psychiatric Facilities
7. Discharge of voluntary patient from psychiatric facility
Official textFrom Attorney General's Chambers, unchanged
The designated medical practitioner involved in the treatment of a voluntary patient may —
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;
grant leave of absence to the patient; or
at any time discharge the patient if he is satisfied that —
it is in the interest of the patient to discharge him; and
the patient is not in need of any further care and treatment in the psychiatric facility.
A voluntary patient, or if the voluntary patient is a minor, his guardian, may give written notice to the officer in charge requesting his discharge from the psychiatric facility.
voluntary patient
“voluntary patient” means a person admitted into a psychiatric facility under section 6(1).
Subject to an order made under subsection (4), a voluntary patient whose discharge has been requested under subsection (2) shall not be kept in the psychiatric facility for more than 72 hours from the time when the notice was received.
psychiatric facility
“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
A voluntary patient whose discharge has been requested under subsection (2) shall be examined by a designated medical practitioner not involved in his treatment, and if that designated medical practitioner is satisfied that —
the patient is suffering from a mental disorder; and
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 facility, the designated medical practitioner shall make an order for the detention of the patient in the psychiatric facility 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;
guardian
Defined · s 2“guardian”, in relation to a minor, means — (a) the parent or parents of the minor; (b) a person lawfully appointed by will or by an order of a court to be the guardian of the minor; or (c) a person who has lawful custody of the minor;
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;
voluntary patient
Defined · s 2“voluntary patient” means a person admitted into a psychiatric facility under section 6(1).
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
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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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Proceedings in Inquiries Into Mental Disorder
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