MENTAL HEALTH ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Determining relationships in respect of a patient

 

PART II
Admission, Treatment and Discharge of Patients

   4   Designation of psychiatric facility

   5   Voluntary admission

   6   Compulsory admission

   7   Provisions as to medical certificates

   8   Emergency application

   9   Admission on order of a court

   10   Detention of patient

   11   Consent to treatment

   12   Referrals

   13   Application respecting patients already in facility

   14   Effect of application for admission

   15   Powers of constable

   16   Power of mental health officer

   17   Discharge of voluntary patient

   18   Conditional discharge of patient

   19   [Deleted by Act 1 of 2006 s 5(b).]

   20   Cost of treatment

 

PART III
The Public Psychiatric Hospital

   21   Management Scheme for the Public Psychiatric Hospital

   22   Senior Medical Officer

 

PART IV
Community Mental Health Service

   23   Health Regions

   24   Establishment of Community Mental Health Service

   25   Matters to be undertaken by the Community Mental Health Space

 

PART V
Mental Health Review Board

   26   Establishment of Mental Health Review Board

   27   Functions of Review Board

   28   Appeal

 

PART VI
Protection of Property of Patients

   29   Jurisdiction of Supreme Court and Resident Magistrate's Court

 

PART V
General

   30   Designation of place of safety and rehabilitation centre

   31   Appeal Tribunal

   32   Immunity from suit

   33   Offence

   34   Penalty for offences under section 33

   35   Offences of sexual intercourse with mentally disordered person

   36   Offence to aid and abet patient to leave facility

   37   Offence to obstruct person in execution of duties

   38   Offence to make false statement in application

   39   Regulations

   40   Minister may amend monetary penalties

      SCHEDULES

 

THE MENTAL HEALTH ACT

[Date of Commencement: 1st September, 1999]

<IN:LF:0,RT:1.5,FI:0>Acts
6 of 1997,
1 of 2006,
12 of 2009,
7 of 2011.

PART I
Preliminary (sections 1-3)

1   Short title

   This Act may be cited as the Mental Health Act.

2   Interpretation

   In this Act-

   "Community Mental Health Service" means the Service established under section 24;

   "Director" means the Director of the Community Mental Health Service;

   "duly authorised medical officer" means, in relation to a patient in a psychiatric facility, a registered medical practitioner authorised by the managers to treat the patient;

   "emergency application" in relation to a patient means an application made under section 8;

   "general hospital" means any clinic, rehabilitation centre or institution (other than a Public Psychiatric Hospital) where a person suffering from an illness may be treated;

   "involuntary patient" means a person who is admitted to a psychiatric facility under section 6 or is treated as so admitted under any provision of this Act;

   "managers" means-

   (a)   in relation to the Public Psychiatric Hospital, the Board of Management;

   (b)   in relation to a psychiatric facility that is a part of a public hospital (as defined in the Hospitals (Public) Act), the Hospital Board; and

   (c)   in relation to-

         (i)   a mental nursing home, the person or persons registered in respect of the operation of that home;

         (ii)   a psychiatric facility other than that referred to in paragraph (b), the board of management of that facility;

   "mental disorder" means-

   (a)   a substantial disorder of thought, perception, orientation or memory which grossly impairs a person's behaviour, judgment, capacity to recognize reality or ability to meet the demands of life which renders a person to be of unsound mind; or

   (b)   mental retardation where such a condition is associated with abnormally aggressive or seriously irresponsible behaviour,

and "mentally disordered" shall be construed accordingly;

   "Mental Health Appeal Tribunal" or "Appeal Tribunal" means the body established under section 31;

   "mental health officer" means-

   (a)   a person registered as a nurse pursuant to section 9 of the Nurses and Midwives Act; and

   (b)   any other person, who has successfully completed a course of study in mental health approved by the Minister responsible for Health;

   "Mental Health Review Board" or "Review Board" means the body established under section 26;

   "mental nursing home" means a place designated as such under section 4(1);

   "patient" means a person who is suffering from or is suspected to be suffering from a mental disorder;

   "psychiatric facility" or "facility" means any clinic, hospital ward, mental nursing home or rehabilitation centre designated as such under section 4(1);

   "psychiatric hospital" means any place designated as such under section 4(1);

   "psychiatric ward" means the part of a general hospital designated as such under section 4(1);

   "public psychiatric facility" means the Public Psychiatric Hospital and any other psychiatric facility maintained by the Government;

   "registered medical practitioner" means a medical practitioner registered in accordance with any enactment for the time being in force in Jamaica in relation to the registration of medical practitioners;

   "rehabilitation centre" means a place designated as such under section 30;

   "voluntary patient" means a person in respect of whom an application for admission to a psychiatric facility is made under section 5.

3   Determining relation ships in respect of a patient

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