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    Mental Health Act

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    baskirathi
    This document summarizes the key aspects of the Indian Mental Health Act. It discusses the objectives of replacing the previous Indian Lunacy Act of 1912, which include changing societal attitudes towards the mentally ill and protecting their rights. It outlines the different chapters of the Act which regulate the establishment and operations of psychiatric facilities, procedures for admission and discharge of patients, protection of patient rights, and financial responsibilities. The Act aims to provide humane treatment of the mentally ill according to current medical knowledge while preventing abuse of power over involuntary patients.

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    Mental Health Act

    Uploaded by

    baskirathi
    585 views43 pages
    This document summarizes the key aspects of the Indian Mental Health Act. It discusses the objectives of replacing the previous Indian Lunacy Act of 1912, which include changing societal attitudes towards the mentally ill and protecting their rights. It outlines the different chapters of the Act which regulate the establishment and operations of psychiatric facilities, procedures for admission and discharge of patients, protection of patient rights, and financial responsibilities. The Act aims to provide humane treatment of the mentally ill according to current medical knowledge while preventing abuse of power over involuntary patients.

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    Mental Health Act

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    This document summarizes the key aspects of the Indian Mental Health Act. It discusses the objectives of replacing the previous Indian Lunacy Act of 1912, which include changing societal attitudes towards the mentally ill and protecting their rights. It outlines the different chapters of the Act which regulate the establishment and operations of psychiatric facilities, procedures for admission and discharge of patients, protection of patient rights, and financial responsibilities. The Act aims to provide humane treatment of the mentally ill according to current medical knowledge while preventing abuse of power over involuntary patients.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    585 views43 pages

    Mental Health Act

    Uploaded by

    baskirathi
    This document summarizes the key aspects of the Indian Mental Health Act. It discusses the objectives of replacing the previous Indian Lunacy Act of 1912, which include changing societal attitudes towards the mentally ill and protecting their rights. It outlines the different chapters of the Act which regulate the establishment and operations of psychiatric facilities, procedures for admission and discharge of patients, protection of patient rights, and financial responsibilities. The Act aims to provide humane treatment of the mentally ill according to current medical knowledge while preventing abuse of power over involuntary patients.

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    of 43

    Mental Health Act

    Presented By:
    Rahul Singh Gusain
    Msc(n) Ist year
    Introduction
    Indian mental health act (MHA) was drafted by the
    parliament in 1987, but it came into effect in all the
    states and union territories of India in April 1993. This
    act replaces the Indian lunacy Act of 1912.
    Need
    • To change the attitude of the society towards the mentally ill &
    considerably realized that no stigma should be attached to such
    illness.
    • Every mentally ill individual has the right to be treated like others sick
    people.
    • To modify the act according to the rapid advancement of medical
    science and the understanding.
    Objectives of the Mental Health Act
    • To regulate the power of the government for establishing, licensing
    and controlling psychiatric hospital / nursing homes.
    • To provide legal aid mentally ill persons at state expense in certain
    cases.
    • To protect citizens from being detained in psychiatric hospital /
    nursing homes without sufficient cases
    • Central and state authorities for mental health services.
    • To regulate maintenance charges of psychiatric hospitals/nursing
    homes
    Act
    The act is divided into 10 chapters consisting of 98 sections.
    Chapter I
    Preliminary information
    It contains definition included :-
    • Psychiatric hospital/nursing homes :-
    A hospital/ nursing home established or maintained by the government
    or any other person for the case of mentally ill persons.
    • Mentally ill person :- A person who is in need of treatment by reason
    of any mental disorder other than mental retardation.
    Contd..
    • Psychiatrist –a medical practitioner possessing postgraduate degree
    or diploma in psychiatry recognized by the MCI (medical council of
    India)
    • Reception order:-
    An order made under the provision of this Act for the admission and
    detention of mentally ill person in a psychiatric hospital / nursing
    home.
    Outdated definition are changed based on
    current knowledge
    Old term New term
    Lunatic mentally ill person
    Lunatic asylum psychiatric hospital
    Criminal lunatic mentally ill prisoner
    Chapter II
    It deals with establishment of central & state authorities for regulation
    and co- ordination of mental health services.
    Chapter III
    It provides guidelines for establishment and maintenance of psychiatric
    hospital/nursing home.
    Chapter IV
    It deals with the procedure for admission and detention in psychiatric
    Hospital/nursing homes.
    Types of admission
    Types of admission

    Reception on
    application sec 20
    Admission on voluntary
    basis sec. 15 and 16 Reception on production
    before magistrate sec 23
    Admission under
    authority / order
    Reception after sec 26

    Admission under special


    circumstance Sec 19
    Admission and
    detention of mentally ill
    Admission on voluntary basis

    Request by a major/ guardian of the minor for admission to medical officer

    Medical officer makes enquires within 24 hrs

    If the medical officer is satisfied for admission

    Voluntary admission is made


    Admission under special circumstances (Involuntary)
    Patient is unwilling or unable to make a request for admission , a
    relative /friend makes an application to the medical officer on behalf of
    the patient

    Medical officer makes enquires within 24hours

    If the medical officer is satisfied for admission

    Involuntary admission is made


    Admission under authority or order

    Mentally ill person can be admitted to psychiatric


    nursing hospital by court of law or an approved
    authority .

    The authority can pass an order for reception and


    detention mainly under four different categories.
    Contd..
    Reception order on application

    Only a relative not other Being a minor or one has


    than husband ,wife ,guardian Two official not seen the mentally ill
    or a friend can make out an certificate patient in the last 14 days
    application for admission of needed can make such application
    client

    With the application a


    medical officer can extend
    inpatient treatment to
    more than 6 month
    Reception order on production of a mentally ill person before a
    magistrate
    Reception order after Inquest

    Inquest of In the Admission


    mentally ill interest of is made
    patient by such person
    district district
    court court
    directs for
    admission
    Admission under Reception order
    Petition

    Examination

    Determination

    Medical
    administrator
    Contd..

    Medical administrator

    Release hospitalization

    Long term for


    Emergency to control Short term for
    treatment and
    on immediate threat diagnose and short
    determined ready for
    to self or others term therapy
    discharge
    Chapter V
    Discharge procedure to be followed for a mental hospital under
    different circumstances

    Discharge procedure

    Discharge in respect of
    Discharge under
    Voluntary discharge admission due to an
    special admission sec
    under sec 18 order of an authority
    19
    in all five types
    Discharge of a patient admitted on voluntary
    basis
    Medical officer in-charge of psychiatric hospital /nursing home on
    recommendation from two medical practitioner preferably a
    psychiatrist, can issue directions for discharge of the patient.
    Discharge of patient admitted under special
    circumstances
    • Relative or a friend may be make an application to the medical officer
    for care and custody of the patient.
    • Relative are required to furnish a bond with or without sureties ,
    along with an undertaking that the mentally ill person shall be
    prevented from causing injury to self or others
    Discharge of a patient admitted on reception
    order
    Application

    A certificate from medical


    officer –in charge of psychiatric
    hospital /nursing home

    A magistrate issues an order if


    patient is fit for discharge
    Discharge of a patient admitted by police
    If police detain the mentally ill individual in hospital ,
    he may be discharged after the family members agree in writing to take
    proper care that he is fit to be discharged .
    Discharge of a mentally ill Prisoner
    • Hospital authorities have to report every 6 months about the persons
    state of mind to the authority , which had ordered detention
    • As soon the client is fit to stand in trial , they have to inform about the
    same to the authority concerned .
    • Person then hand over to the prison officer for further legal action.
    Leave of absence (section 45)
    • It means patient is given time limit permission to visit family
    members.
    • On application by a relative or others to the medical officer-in-charge
    And a bond duly signed stating that the patient will be taken proper
    care of and prevented from injuring self or others (for a period of
    maximum 6 days)
    Chapter VI
    • Consist of legal customary actions towards the property possess by
    mentally ill persons.
    • Under sections 54(1) a guardian may be appointed by court of law on
    behalf of an alleged mentally ill person incapable of looking after self
    and property.
    Contd..
    • Under section 97 of the act when a mentally ill person is not
    represented by a legal practitioner in any proceeding before a district
    court or magistrate and such a patient does not have sufficient means
    to engage a legal practitioner then the district court.
    Chapter VII
    • Deals with ways and means to meet the lost of maintenance of
    mentally ill persons detained in psychiatric hospital.
    • Under section 78 when a mentally ill patient is detained as an
    inpatient and does not have property to bear the cost of treatment ,
    in such cases this expenses shall be borne by the government of the
    state.
    Chapter VIII
    Contains the novel and explicit provision for protection of human right
    of mentally ill patients Section 81 provides that:
    1. No letter or communication sent by or to a mentally ill person shall
    be interpreted detained or destroyed.
    2. No mentally ill person shall be subjected during treatment to any
    indignity (physically or mental ) or cruelty
    Contd..
    3. No mentally ill person under treatment shall be used for purpose of
    research unless:-
    • Such research is of direct benefit to him
    • A consent has been obtained in writing from the person (in voluntary
    admission) or from the guardian/ relative (if admission was
    involuntary)
    Chapter IX
    • Deals with procedure to be followed for the establishment and
    maintenance of psychiatric hospital and penalties which can be
    relatively severe and explicit for containing them.
    • Article 6(1)of the mental health Act prohibit the running of a home
    without license.
    • Article 11(1b) says the licensing authority can revoke the license if the
    maintenance of the manner detrimental to the moral, mental or
    physical well being of the in patients.
    Chapter X
    • It deals with clarification pertaining to certain procedures to be
    followed the medical officer –in-charge of the psychiatric hospital /
    nursing home.
    Mental health care bill 2013
    • Mental health care bill ,2013 was introduced in the Rajya sabha on
    August 19,2013. the bill abolished the mental health Act, 1987
    • It have 16 chapters
    Chapters
    • Chapter 1- preliminary information on definition, short titles , extent
    and commencement
    • Chapter 2- mental illness and capacity to make mental health care
    and treatment decision
    • Chapter 3-advance directive
    • Chapter 4- nominative representative
    • Chapter 5- right of persons with mental illness
    • Chapter 6- duties of appropriate government
    • Chapter 7- central mental health authority
    Contd..
    • Chapter 8- state mental health authority
    • Chapter 9-finance , accounts and audit
    • Chapter 10- mental health establishments
    • Chapter 11- mental health review commission
    • chapter 12-admission, treatment and discharge
    • Chapter 13- responsible of other agencies
    • Chapter 14 –restriction to discharge functional by professional not covered
    by profession
    • Chapter 15- offences and penalties
    • Chapter 16-iscellaneous
    Nurses implication for protecting Patients Rights

    • Nurse should guide the patients relative to their rights and protect
    the patient from any mistreatment.
    • Nurse should be aware of these rights in the first place.
    • Nursing care plan should include rights of the patient and it should be
    discussed by the mental health team.
    Summary
    Conclusion
    The Indian mental health Act (MHA) was drafted by the parliament to
    change the attitude of the society towards the mentally ill. In the
    advancement of medical science it has become necessary to make
    fresh legislation in accordance with the new approach.
    Bibliography
    • R. Sreevani A guide to mental health & psychiatric nursing Jaypee
    342-348
    • www.prindia.org>media.meantal health
    • www.livemint.com.meatal health act
    • www.mohfw.gov.in>default>files>mentalhealth act
    • www.patient engage .com
    Thank you

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