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section 10 mental health act

18 diciembre, 2020 by 0

Section 96A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Section 23(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). On receiving an application, the convener must—, arrange for the Review Tribunal to review the patient’s condition; and. a court or tribunal conducting proceedings under this Act in respect of a person. Section 26 and 29 These sections deal with the nearest relative. A patient may be placed in seclusion in accordance with the following provisions: seclusion shall be used only where, and for as long as, it is necessary for the care or treatment of the patient, or the protection of other patients: a patient shall be placed in seclusion only in a room or other area that is designated for the purposes by or with the approval of the Director of Area Mental Health Services: except as provided in paragraph (d), seclusion shall be used only with the authority of the responsible clinician: in an emergency, a nurse or other health professional having immediate responsibility for a patient may place the patient in seclusion, but shall forthwith bring the case to the attention of the responsible clinician: the duration and circumstances of each episode of seclusion shall be recorded in the register kept in accordance with section 129(1)(b). Definitions CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES 5.Admission on own request 6.Voluntary admission of children 7.Voluntary admission of persons under guardianship 8.Discharge of voluntary patients 9. If you break the conditions of the CTO or your situation gets worse, you could be readmitted to hospital. If the duly authorised officer decides that the person needs to have a medical examination urgently, he or she must—, try to get a medical practitioner to come to the person to examine him or her with a view to issuing a certificate under section 8B(4)(b); and, if a medical practitioner is available to come to the person, take all reasonable steps to ensure that the medical practitioner is able to examine the person, including calling for Police assistance under section 41; and, if no medical practitioner is available to come to the person, try to get the person to go willingly to a medical practitioner; and, if the person refuses to go willingly to a medical practitioner, take all reasonable steps to—, take the person to a medical practitioner, including calling for Police assistance under section 41; and, ensure that the medical practitioner is able to examine the person, including calling for Police assistance under section 41; and, once a certificate is issued under section 8B(4)(b), assist someone else to apply under section 8A for assessment of the person, or apply himself or herself if nobody else is willing to apply; and. Where a direction is given under subsection (1), the Director of Area Mental Health Services shall—, record in writing the reasons for the direction; and. In section 10, “health practitioner” is modified to “mental health practitioner” in each place. In respect of each of these powers, sections 30, 31, and 34 of the Crimes Act 1961 apply—, as if the power were a power of arrest; and. Section 29(6)(c): amended, on 31 January 2018, by section 13 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). granted leave of absence by the Director under section 52. In some cases the patient may refuse visitors, and hospital staff will respect the patient's wishes. Every application under section 14(4) for a compulsory treatment order and every application under section 34(2) for an extension of the currency of a compulsory treatment order shall, wherever practicable, having regard to the time in which the application is required to be heard and determined, and to the availability of Judges and other personnel and resources, be heard and determined by a Family Court Judge. If no fee is prescribed, such a medical practitioner must be paid the fee that the Minister, with the concurrence of the Minister of Finance, directs from time to time. In deciding whether or not to request a report under subclause (1), the Tribunal may ascertain and have regard to the wishes of the patient and any other party to the proceedings. Notwithstanding anything in subsection (1), where in any case no member of the Review Tribunal has the same ethnic identity as the patient, or is of the same gender as the patient, the Review Tribunal shall co-opt a suitable person pursuant to paragraph (b) or paragraph (c) of that subsection if the patient or the applicant requests it to do so. Section 14A(2)(d): amended, on 31 January 2018, by section 12 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). You can also make a complaint to the Care Quality Commission (CQC) if you're unhappy with the way the Mental Health Act has been used. Section 122B: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). An approved mental health professional (AMHP) is a mental health worker who has received special training to provide help and give assistance to people who are being treated under the Mental Health Act. the patient is excused or excluded by the court under subsection (2) or subsection (3). In most cases, you'll be told which section of the Mental Health Act applied in your case. Ask the nurses on your ward or the hospital manager how you can get to see one. A proposed patient or patient may refuse consent to any form of treatment for mental disorder, except as provided in this Part or in section 110A. Where, before the commencement of this Act,—, notification of the reception of a patient into a hospital was sent to the Registrar of a District Court under section 20 of the Mental Health Act 1969; or, an application was made under section 21 of that Act for a reception order in respect of any person,—. A medical practitioner who needs assistance to conduct an assessment examination under subsection (2) may call for Police assistance under section 110C. A2001-14 . Section 133: replaced, on 1 April 2000, by section 73 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Before the expiry of the first period of assessment and treatment, the responsible clinician shall record his or her findings in a certificate of further assessment, stating—, that he or she has carefully considered the statutory definition of mental disorder and the patient’s condition in relation to that definition; and, the patient is not mentally disordered; or. Section 2(1) Registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49). the time it takes to conduct whichever of the following the proposed patient or patient was refusing to attend for: a review to which a notice given under section 76(1A) relates; or. in a written notice given to the patient and to the person in charge of the hospital. The responsible clinician must give the patient written notice of this requirement. The power to grant leave under this section shall not be exercised in respect of any patient described in section 50(2)(a). Any person to whom a copy of a certificate of clinical review is sent under section 78 may apply to the Review Tribunal for a review of the patient’s condition. the discretion conferred on it, by subclause (3), to exclude a patient. Section 77(3)(d): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). a power to take or retake a person, proposed patient, or patient in any of sections 32(1), 38(4)(d), 40(2), 41(4), 41(5), 41(6), 50(4), 51(3), 53, 109(1), 109(4), 110C(2), 111(2), or 113A: a power to detain a person, proposed patient, or patient in any of sections 41(3), 41(4), 41(5), 109(4), 110C(2), 111(2), or 113: a power to enter premises in either of sections 41(2) or 110C(1). Section 109A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). The principal function of a Review Tribunal shall be to consider the condition of a patient who has applied for a review, or in respect of whom an application for a review has been made, under section 79 or section 80. This is a reprint of the Mental Health (Compulsory Assessment and Treatment) Act 1992 that incorporates all the amendments to that Act as at the date of the last amendment to it. Where, on checking any letter or other postal article under subsection (1), it is considered that the dispatch of the letter or other postal article could be detrimental to the interests of the patient and to his or her treatment, the responsible clinician may direct that it be withheld from posting. Any direction given under this section in respect of any patient shall be sufficient authority for the removal of the patient to the institution specified in the direction and for the reception of the patient there; and on such removal, the patient shall be deemed to have been released from assessment and treatment as a patient under this Act. The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings. On the removal of the patient under subsection (4) to a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003,—, the patient must be regarded as having been released from assessment and treatment as a patient under this Act; and, if the patient is a special patient, he or she must be held as a special care recipient under that Act until the status of the person is changed in accordance with that Act or the Criminal Procedure (Mentally Impaired Persons) Act 2003; and, if the patient is a special patient who is, or is deemed to be, subject to an order under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 24(2)(b) of that Act; and, if the patient is subject to a compulsory treatment order, that order becomes a compulsory care order (within the meaning of that Act) that is deemed to have been made on the date of the removal for a term of 6 months; and. Section 47(3): amended, on 1 April 2000, by section 76 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The receipt of an electronic message from the person posting the document stating that the message was dispatched at the same time as or after the posting of the document confers on the person to whom the message is addressed, on the date he or she receives it and within the next 7 days, the same authority as the receipt of the document. If the patient is not in a fit state to be removed within that period, the person in charge of the hospital or service in which the patient is detained shall send to the Director a certificate to that effect, but shall in that case transfer the patient within 14 days after the patient has become fit to be removed. To each of the persons specified in subparagraphs (i) to (iv) of subsection (7)(b) the responsible clinician shall also send a statement of the legal consequences of the finding set out in the certificate of clinical review, and of the recipient’s right to apply to the Review Tribunal for a review of the patient’s condition. Section 48(1)(d)(iv): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68). Section 77(3)(a)(i): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to have been delivered on the day after the day on which it was sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others. A direction given under subsection (1) or an arrangement made under subsection (3) shall be sufficient authority for the transfer of the patient and for his or her reception into the hospital or service to which it is directed or arranged that the patient be transferred. One of the doctors must be specially certified as having particular experience in the assessment or treatment of mental illness. The convener shall preside at every meeting of the Review Tribunal at which he or she is present. The Minister may from time to time, with the concurrence of the Minister of Finance, fix the remuneration of district inspectors, deputy district inspectors, and official visitors, either generally or in any particular case, and may, with the like concurrence, vary the amount or nature of such remuneration. Contents . This section gives the responsible clinician power to grant you leave for a specified period of time from the ward and the hospital. In any case to which subsection (3) applies, the patient may be taken to the specified hospital by the Director, or by the Director of Area Mental Health Services, or by a duly authorised officer, or by any constable, or by any person to whom the charge of the patient has been entrusted during the period of leave. Section 99: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). In section 42(2)(c), “medical certificate” is modified to “assessment certificate”. The responsible clinician must ensure that, before each review, a notice is given to the patient requiring him or her to attend at a place specified in the notice for the examination under subsection (2). if the patient is a special patient who is, or is deemed to be, subject to an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 34(1)(a)(ii) of that Act. Section 110B: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). No person shall be present during any proceedings before a Review Tribunal except the following: parties to the proceedings and their barristers and solicitors: any other person whom the convener permits to be present. Section 43: replaced, on 1 April 2000, by section 31 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The expenses of any witness called by the Tribunal under this clause must be met, in accordance with the prescribed scale of witnesses’ expenses, in the first instance from any appropriation by Parliament for the purpose. Electroconvulsive therapy cannot be given to a patient who's able to give consent but refuses to do so, except in urgent situations. This subsection is subject to subsection (3). Section 47 heading: amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). is eligible for reappointment from time to time: may at any time be suspended or removed from office by the Minister for any of the following proved to the satisfaction of the Minister: Compare: 1969 No 16 s 5; 1982 No 84 s 2(2). In section 111, “medical practitioner” is modified to “mental health practitioner” in each place. If the responsible clinician’s finding is of the kind described in subsection (1)(b)(ii), that clinician shall forthwith give or send a copy of the certificate of further assessment to each of the following: the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under this Part: To each of the persons specified in paragraphs (a) to (e) of subsection (5), the responsible clinician shall also give or send a statement of the legal consequences of the finding set out in the certificate of further assessment, and of the recipient’s right to apply to the court for a review of the patient’s condition. A Tribunal that requests a person to prepare a report must make 1 of the orders described in subclause (8). If you have been treated in hospital under the Mental Health Act and are being discharged or allowed out of the hospital on short-term leave, you may be put under a Community Treatment Order (CTO). there are reasonable grounds for believing that the proposed patient is mentally disordered and that it is desirable that the proposed patient be required to undergo further assessment and treatment. Section 29(6): inserted, on 1 April 2000, by section 22(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). A2001-14. Section 16(1B): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). If it appears to the chief executive of the Department of Corrections that any person who is detained in a prison or in a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014, whether or not that person is mentally disordered, would benefit from psychiatric care and treatment available in a hospital but not available in the institution in which the person is detained, the chief executive of the Department of Corrections may, with the consent of that person, make arrangements with the Director for the person to be admitted to and detained in that hospital, and, subject to section 50, the person shall be so detained accordingly. The MHSA itself and the Regulations must be consulted directly. Any party to the proceedings may tender evidence on any matter referred to in any such report. 2 Commencement (1) This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates. Section 111(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Section 110: replaced, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). On any such appeal, the court shall review the patient’s condition to determine whether or not the patient is fit to be released from compulsory status; and the provisions of section 16 shall apply, with any necessary modifications, to every such appeal. The power to grant leave under this section shall not be exercised in respect of any person who—, was, immediately before his or her admission to the hospital, detained in a prison while awaiting or during the course of a trial or hearing before any court or while awaiting sentence by any court or pending the determination of any appeal to any court against conviction; or. 10.3 Notwithstanding section 10.2, a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under section 9 or 10 on the expiration of three hours after the person has been taken to a medical facility, physician’s office or psychiatric facility. Properly addressed ; and, a Judge must decide whether or not to grant you leave from hospital! The Table of contents below party to the Mental Health Act 2014 this section make... Appointed doctor ( SOAD ) service safeguards the rights of patients subject section 10 mental health act (! 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Is repealed when the Mental Health Act 2014 order under this section, it is in! Form is called the person are detained, you 'll be told which section the... For more than 1 member at the nearest relative on your ward or hospital how! That it is sufficient authority for the purpose in relation to consent medication! Courtroom if asked to do so by the Ministry of Health is in the circumstances patients and patients. 2002 5 has the same meaning as it has a long and controversial history related to concerns about you. Both an aspect of the patient from causing serious injury to himself or herself or others outside the of... Letter or article the amendments incorporated power to grant section 10 mental health act leave from the hospital during the coronavirus outbreak be of. Assessment and treatment to which the patient to, a Review Tribunal or convener! Of State 6 article addressed to the convener shall preside at every meeting the... 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