13060
13060
RIGHT TO
INFORMATION
ఆ ం ధ ్
ఆంధ్రప్రదేశ్ రాజపత్రముర ప ్ ర ద ే శ ్
సత్యమేవ జయతే
PUBLISHED BY AUTHORITY
50
RULES SUPPLEMENT TO PART I EXTRAORDINARY
NOTIFICATIONS BY GOVERNMENT
--X-
(B2 )
THE MENTAL HEALTH CARE ACT , 2017 (ACT NO.10 OF 2017 ) - STATE MENTAL
[G.O.Ms.No.133 , Health , Medical and Family Welfare (B2 ), 16th June ,2022. ]
NOTIFICATION
CHAPTER - I
Preliminary
(2 ) They shall come into force on the date of their publication in the
Official Gazette .
[1 ]
2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [RSP -I
2. Definitions.
(c ) 'De -addiction facility ' or called by any other name means a place
'which qualifies the definition of Mental Health Establishment as per
Section 2 (p ) Mental Healthcare Act , 2017 and where persons
Diagnosed to have abuse or dependence on alcohol and /or other drugs
are treated and cared for .
(e ) "rules " means rules of the State Mental Health Authority of Andhra
Pradesh
(2 ) The words and expressions used herein and not defined , but defined in the Act
or , as the case maybe , in the Indian Medical Council Act , 1956 (102 of 1956 ) or in
the Indian Medicine Central Council Act , 1970 (48 of 1970 ), in so far as they are not
inconsistent with the provisions of the Act , shall have the meanings as assigned to
them in the Act or , as the case may be , in those enactments .
CHAPTER II
STATE MENTAL HEALTH AUTHORITY
3. The State Authority shall consist of the following chairperson and members :
Secretary ),***
The Member Secretary , High Court Legal Services Authority ,
** The Chief Executive Officer of the State Mental Health Authority will be the
Commissioner of Health or *** Mission Director or the Directorate of Medical
Education (Not below the rank of Dy . Secretary )
4. Norms for selection of non -official members of State Authority- A person shall not
be selected as a non- official member of State Authority unless , he
(a ) is an Indian National ;
(2) The State Government shall nominate one mental health professional , one
psychiatric social worker , one
worker , clinical psychologist and one mental
mental health
nurse /psychiatric nurses , having a minimum of fifteen years ' experience in their
respective fields and registered as mental health professionals with the State
Authority , as members of the State Authority respectively under clauses (h ), (i), (j)
and (k) of sub -section (1 ) of section46 .
(3 ) The State Government shall nominate two persons each from the following
categories as members of the State Authority respectively under clauses (I), (m )
and (n ) of sub -section ( 1 ) of section 46 , namely :
with mental
(b ) Two persons representing care -givers of persons with
illness or organizations representing care -givers and .
6. Invitation of application for the posts of non -official members of State Authority
A vacancy for the post of non -official member of the State Authority shall be given
wide publicity through open advertisement in at least two daily newspapers (one
English and one local language ) having wide circulation in the State and the
advertisement shall also be made available on the website of the Department of
Health and Family Welfare .
(2 ) The Selection Committee shall , having regard to the provisions of the Act
and these rules , decide about the suitability of the applicants for being
selected as members of the State Authority : Provided that in case of
persons to be nominated under sub -rule (3 ) of rule 5 , preference shall be
given to the persons with ten years of experience in dealing with persons
with mental illness .
(1 ) Every non -official member nominated under rule 8 shall hold his office for a
term of three years at a time from the date of his nomination .
(2 ) Every non -official member attending the meeting of the State Authority shall
be entitled to sitting allowance , travelling allowance , daily allowance and such
other allowances as are applicable to non- official members of the Commissions
and Committees of the State Government attending the meeting of such
Commission or Committee .
10. Furnishing of information- The State Government may call for information
concerning the activities of the State Authority or the Board periodically or as and
when required by it and the State Authority or the Board , as the case may be , shall
furnish such information in Form - A .
*
11. The Chief Executive Officer of the State Mental Health Authority will be the
Commissioner of Health or *** Mission Director from the Directorate of Medical
Education not below the rank of Dy.Secretary .
12. State Mental Health Authority promote Community Mental Health Care and use
more innovative programmes to endeavour adolescent and clinical Mental Health
(30 Section of Chapter VI of Mental Health Care Act )
13. All State Universities to start academic courses pertaining to M.Phil Clinical
Psychology and M.Phil in Psychiatric Social Work . (31 Section of Chapter VI of
Mental Health Care Act )
CHAPTER III
PROVISIONAL REGISTRATION OF MENTAL HEALTH ESTABLISHMENTS BY STATE
AUTHORITY
(3 ) The State Authority shall , on being satisfied that the mental health.
establishment fulfils all the requirements as specified in sections 65
and 66 , grant to such mental health establishment , a provisional
registration certificate in Form -C .
the specified period , the mental health establishment concerned shall be liable to
pay renewal fee of rupees five thousand by way of a demand draft drawn
in favour of Chairperson , State Mental Health Authority , payable at the place
where the State Authority is situated .
The State Mental Health authority of Andhra Pradesh state will adopt the
minimum standards for mental health establishments category wise , as notified by
the Central Mental Health Authority with appropriate modifications .
Till that period , it shall issue a provisional certificate of registration to the mental
health establishment .
fulfill the minimum standards , if any , specified by the authority for the
specific category of Mental health establishment . State Mental Health
Authority (SMHA ) should recommend replacing the term Mental Health Act
- 1987 with Mental Health Care Act - 2017 .
18. All Mental health professionals who are not registered for Mental Health
establishments under Mental Health Care Act shall register with State Mental Health
Authority if they practice ECT in their clinics and the registration is free .
(3 ) Form -F for application for Registration of Mental Health Professionals along with
● All Mental Health Professionals who are not registered for Mental health .
establishments under Mental Health Care Act shall register with State Mental
the conditions laid down in the Mental Healthcare Act , 2017 and the rules and
regulations made there under and shall be valid for a period of ten years from the
date of its issue and can be renewed before one month of the expiry with the
prescribed fee .
CHAPTER.IV
FINANCE , ACCOUNTS AND AUDIT
(1 ) The State Authority shall maintain accounts of its income and expenditure
relating to each year and prepare an annual statement of accounts consisting
of income and expenditure account and the balance sheet .
June 25 , 2022 ] RULES SUPPLEMENT 7
(2 ) Annual statement of accounts shall be submitted for audit not later than
30th June each year in the common accounting format prescribed from time
to time by the Ministry of Finance for the central autonomous bodies or as
nearer thereto as the circumstances admit .
(1 )The State Authority shall prepare its annual report in Form -H and
forward it to the State Government within nine months of the end of the
financial year for being laid before each House of State Legislature .
(2 )The annual report shall give a full account of the activities of the State
Authority during the previous year and shall include the audited accounts of
the year and the report of the Comptroller and Auditor General of India
thereon .
CHAPTER V
AUDIT , INSPECTION AND ENQUIRY OF MENTAL HEALTH ESTABLISHMENTS
(1) The State Authority shall , for the purpose of conducting audit of registered
mental health establishments in the State , authorize one or more of the following
persons to ensure that such mental health establishments . comply with the
minimum standards specified under the Act , namely :
(b ) representative of the State Human Rights Commission of the State where the
mental health establishment is situated ;
(g) representatives of the care -givers of persons with mental illness or organizations
representing care -givers ; and
(1 ) The State Authority may , suo -moto or on a complaint received from any person
with respect to non -adherence of minimum standards specified by or under the Act
or contravention of any provision thereof , order an inspection and inquiry of any
mental health establishment , to be made by one or more of the following persons ,
namely :
(e ) a police officer in charge of the police station under whose jurisdiction , the
mental health establishment is situated ;
(2) The State Authority or the person authorized by it under sub -rule (1), if it has
reasons to , believe that a person is operating a mental health establishment without
registration or is not adhering to the minimum standards specified by or under the
Act or has been contravening any of the provisions , of the Act or the rules and
regulations made there under , enter and search such mental health establishment .
(3 ) During search , the State Authority or the person authorized by it may require
the mental health professional in charge of the mental health establishment to
produce the original documents relating to its registration with the State Authority
and it shall be obligatory on the part of the mental health establishment to , produce
such documents .
(4 ) Within two days of completing search of the mental health establishment under
sub -rule (3 ), a written report of the ' findings of such search shall be submitted to
the Chairperson of the Authority .
(5 )The Chairperson of the State Authority , shall , on receipt of the written report
under sub -rule (4 ), take such action as it deems fit , against the defaulting mental
health establishment in accordance with the provisions of the Act .
June 25 , 2022 ] RULES SUPPLEMENT 9
CHAPTER -VI
(2). "Clinical psychologist " means a person -- (i) having a recognised qualification in
Clinical Psychology from an institution approved and recognised , by the
Rehabilitation Council of India , constituted under section 3 of the Rehabilitation
Council of India Act , 1992 ; or (ii) having a Post -Graduate degree in Psychology or
Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical
Psychology or Medical and Social Psychology obtained after completion of a full time
course of two years which includes supervised clinical training from any University
recognised by the University Grants Commission established under the University
Grants Commission Act , 1956 and approved and recognised by the Rehabilitation
Council of India Act , 1992 Rehabilitation Council of India Act , 1992 or any
psychologist who has completed a degree or a Diploma in mental health
conducted by Institute of National Importance shall be recognized as a
Clinical Psychologist when employed in Government Service for the
purpose of act .
(3). "Psychiatric social worker " means a person having a post -graduate degree in
Social Work and a Master of Philosophy in Psychiatric Social Work obtained after
completion of a full time course of two years which includes supervised clinical
training from any University recognised by the University Grants Commission
established under the University Grants Commission Act , 1956 or such recognised
qualifications , or any person who has completed a degree or a diploma in
mental health conducted by institute of national importance shall be
recognized as a Psychiatric Social Worker when employed in Government
Service for the purpose of act .
(4 ). "Mental health nurse " or "Psychiatric Nurse " means a person with a diploma or
degree in general nursing or diploma or degree in psychiatric nursing recognised by
the Nursing Council of India established under the Nursing Council of India Act ,
1947 and registered as such with the relevant nursing council in the State ;
CHAPTER - VII
(1 ). To fulfill the obligations of the Act , the Authority shall issue periodic regulations
or notifications with regards to creating and operating online register of mental
health professionals , advanced directives , mental health establishment etc. by
taking into account prevailing laws , standards , guidelines , standard operating
procedures , rules and regulations for such online databases or portal from time to
time .
10 ANDHRA PRADESH GAZETTE EXTRAORDINARY [RSP -I
(2). All Mental health establishments and Mental health professionals shall abide by
the rules of this section for maintenance of online registers
Form- A
See rule 10
4. Number and details of mental health establishments under the control of the
State Government :
7. Statement on references received from the Central Government and the State
Government and action taken thereon :
8. Quality and service provision norms for different types of mental health
establishments under the State Government :
13. Details regarding guidance document for medical practitioners and mental
health professionals
16. Number of appeals to High Court against order of Authority and status thereof :
11
18. Stakeholders Consultations :
21. Budget .and Accounts with details including balance sheet , income and
expenditure account , etc .:
Form - B
To ,
The Mental Health Authority ,
The Department of Health , Medical & Family Welfare ,
Government of Andhra Pradesh .
Amaravati ***
Dear Sir / Madam ,
2. Details of license with reference to the name of the authority issuing the license .
and date :
3. Age :
8. Proposed accommodations :
(a ) Number of rooms :
(b ) Number of beds :
(d ) Out -patient :
(e ) Emergency services :
(k )Treatment facilities
Staff Pattern
a . Number of doctors :
b . Number of nurses :
Say
c . Number of attendees :
d . others :
I hereby undertake to abide by the rules and regulations of the Mental Health
Authority .
Yours faithfully
Signature
Name
Date
Form- C
[ See rule 11 ( 3 ) ]
13
Name :.
Address .....…..
No of beds :..
The provisional registration certificate issued , is subject to the conditions laid down
in the Mental Healthcare Act ,2017 and the rules and regulations made there under
and shall be valid for a period of twelve months from the date of its issue and can
be renewed .
Place
Date
Registration Authority
FORM - D
(See rule 14 )
Category ...
S.No Name & Address Name of the Date of the Date and No
of the applicant Establishment application particulars of remarks of
and registration
address
14 ANDHRA PRADESH GAZETTE EXTRAORDINARY [RSP -I
FORM - E
See Sec55 ( 1 ) (d )
( in digital format )
* The Psychiatric Social Workers will be registered as per the Mental healthcare Act ,
2017 prescription
Form - F
[See rules 14 (3 )]
TO,
The Mental Health Authority ,
The Department of Health & Family Welfare ,
Government of Andhra Pradesh
Amaravati **
I intend to apply for grant of registration / renewal of registration for the Mental
Health Professionals namely
1. Name of applicants
(copy attached ):
June 25 , 2022 ] RULES SUPPLEMENT 15
3. Age :
I hereby undertake to abide by the rules and regulation of the Mental Health
Authority .
I request you to consider my application and grant the registration for the Mental
Health Professional to practice in Andhra Pradesh State .
Yours faithfully
Signature
Name
Date
Form- G
[ See rule 16 ( 4 )]
The State Authority , after considering the application dated ............ submitted by
.....under section 55 (1 ) (d ) of the Mental Healthcare Act ,
2017 , hereby accords registration /renewal of registration to the applicant , as mental
health professionals category.
…......…...
Registration No :.........
Name : ....
Address ......
The registration certificate issued , is subject to the conditions laid down in the
Mental Healthcare Act ,2017 and the rules and regulations made there under and
shall be valid for a period of ten years from the date of its issue and can be
renewed .
Place
Date
Registration Authority
Form - H
[ See rule 16 ( 1 )]
Annual Report of State Authority
1. Introduction
2. Profile of the Authority's Members
3. Scope of Regulation
4. New Regulations /procedures etc. notified /issued
5. Orders passed by the Authority
6. Meetings of the State Mental Health Authority held during the year
7. Mental health establishments under the control of the State Government
8. Mental health establishments in the State
Authorities
9. Registration of mental health professionals by the StateState
10.A statement on references received from Central and Governments and
action taken thereon .
11.A statement on references sent to the Central and State Governments and
action taken thereon by the respective Governments
12. Quality and service provision norms for different types of mental health
establishments under the State Government
13.Supervision of mental health establishments under the State Government and
17. Complaints received regarding violation of rights of Mentally ill persons .and
action taken thereon
18. Details regarding guidance document for medical practitioners and mental
health professionals
19.Implementation of RTI Act ,2005
20. Details regarding Sexual Harassment of Women at Workplace under Section
22 of The Sexual Harassment of Women at Workplace (Prevention , Prohibition
and Redressal ) Act , 2013 .
21.Inspection and Inquiry of Mental Health Establishments
22.Appeals to High Court against order of Authority and status thereof
23. Status of review of use of advance directives and recommendations of the