Every district inspector, and every official visitor, shall, when visiting any hospital or service for the purposes of this Act, have access to every part of the hospital or service and to every person in it, whether detained or not. A Form 9 is used when an individual believes a person has a mental disorder and apparently meets the committal criteria used by a physician. Section 16(1A): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 123(3)(ba): inserted, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10). Section 41(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). arrange for a medical practitioner to examine the person at that place as soon as practicable. Section 116: replaced, on 1 April 2000, by section 66 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In deciding whether or not consultation with the family or whanau is in the best interests of a proposed patient or patient, the practitioner must consult the proposed patient or patient. No patient shall be transferred to or from any psychiatric security institution otherwise than at the direction or with the authority of the Director. For the purposes of proving delivery,—, it is sufficient to prove that the document was properly addressed; and. Section 129(1): amended, on 1 April 2000, by section 71 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Compare: 1969 No 16 s 43; 1985 No 122 s 5. If a district inspector or an official visitor makes a visit required by section 96 using remote technology,—, the hospital or service must provide them with the means to—, visually inspect all areas of the hospital or service; and, communicate with every person in the hospital or service, whether detained or not; and. Form 1: Criteria for Application for Psychiatric Assessment 3-6 4. This form is to be completed by the patient, or another person on behalf of the patient, if the patient wishes to appeal Section 42A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). otherwise in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act. Section 8B(2): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). The provisions of subsections (2), (4), and (8) to (12) of section 76 shall apply in respect of every review under this section as if it were a review under that section. Section 109(5): replaced, on 1 April 2000, by section 59(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). A person who contravenes clause 8(1) of Schedule 1 commits an offence against this Act and is liable on conviction to a fine not exceeding $10,000. Section 110B: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 138: repealed, on 1 October 2004, by section 59(2) of the Health and Disability Services (Safety) Act 2001 (2001 No 93). In section 38(2)(b), (3), and (4), “medical examination” is modified to “examination”. If, at any time during the currency of the inpatient order, the responsible clinician considers that the patient can continue to be treated adequately as an outpatient, that clinician shall, by notice in writing,—, direct that the patient be discharged from the hospital; and, direct the patient to attend at the patient’s place of residence, or at some other place nominated in the notice, for the purposes of treatment;—. take a proposed patient or patient referred to in subsection (1)(a) or (b) to the place at which he or she is required to attend: take a patient referred to in subsection (1)(c) back to the hospital. Within 24 hours after the commencement of every such absence, and after such return or release, an entry shall be made in the appropriate register. Section 76(6A): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Mental Health and the Law The purpose of this publication is to help you understand the Mental Health Act and parts of the Substitute Decisions Act and the Health Care Consent Act. Without limiting anything in subsection (1),—. members of the legal or medical professions: employees of a service or the Ministry of Health. 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. A Judge of the High Court may whenever the Judge thinks fit, whether of the Judge’s own motion or on the application of any person, and whether any order under subsection (1) has been made or not, make an order directing the responsible clinician to bring any person who is being detained as a patient in the hospital before the Judge in open court or in chambers, for examination at a time to be specified in the order. The person in charge of the hospital must send the information within 14 days after the event occurs. r �Hve�n�G8�����ή̧���V�fm�0uߒ�;ឫ��ⅻ!p߽�H �'Q�[�Ovx� ���d�` -G:�~�s�M�55%f. If a patient who is detained under section 46 wishes to be removed to a prison or, as the case requires, a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014 to undergo the remainder of his or her sentence or otherwise to be dealt with according to law, the Director of Area Mental Health Services shall make the necessary arrangements as soon as practicable, unless an application is sooner made under section 8A for assessment of the patient. Every inpatient order made in respect of a patient is sufficient authority for the person in charge of the hospital specified in the order—. Where a direction is given under subsection (1), the patient may, notwithstanding the leave granted under section 50(1), 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. Form OMH 165 - Application for Prior Approval Review 14 NYCRR 551 ; Form 167 - Application for Prior Approval Review 14 NYCRR 551 Personalized Recovery Oriented Services (PROS) Program (Part 512) ; Prior Approval Review (PAR) Application Status if no such psychiatrist is reasonably available, a medical practitioner or nurse practitioner (not being a medical practitioner or nurse practitioner who issued the certificate under section 8B(4)(b)) who, in the opinion of the Director of Mental Health, is suitably qualified to conduct the assessment examination or assessment examinations generally. Anyone may at any time request the advice or assistance of a duly authorised officer in relation to any aspect of the care, treatment, or conduct of a patient to whom this section applies. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. The convener shall preside at every meeting of the Review Tribunal at which he or she is present. If the court considers that the patient is mentally disordered, it shall determine whether or not, having regard to all the circumstances of the case, it is necessary to make a compulsory treatment order. If, in any case to which subsection (8) applies, the district inspector considers that an application should be made to have the patient’s condition reviewed under section 16, but neither the patient nor any person specified in paragraphs (b) to (e) of subsection (5) intends to make such an application, the district inspector may report the matter to the court; and, in such a case, a Judge may, of his or her own motion, review the patient’s condition under section 16 as if an appropriate application for such a review had been made to the court. This section applies to every person who, immediately before the commencement of this Act, was a committed patient and was on leave from a hospital under section 66 of the Mental Health Act 1969. Section 114(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). a psychiatrist who has been appointed for the purposes of this section by the Review Tribunal and who has consulted with at least 2 health professionals (neither of whom is a medical practitioner) currently concerned in the patient’s care. Section 47 heading: amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Every person who, immediately before the commencement of this Act, was detained in a hospital as a committed patient pursuant to an order made under subsection (2) or subsection (6) of section 115 or section 118(1) of the Criminal Justice Act 1985, or pursuant to a direction given under subsection (4) or subsection (5) or subsection (6)(b) of section 116 or section 117(2) of that Act, shall be deemed for the purposes of this Act to be detained as a patient, and that order or direction shall be deemed for those purposes to be a compulsory treatment order. Section 79(6): replaced, on 1 April 2000, by section 43(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The delegate may exercise the powers, duties, and functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act. 1996, c. 288 ] APPLICATION FOR WARRANT (APPREHENSION OF PERSON WITH APPARENT MENTAL DISORDER FOR PURPOSE OF EXAMINATION) HLTH 3509 Rev. the person who fills out the application form is called the applicant; and. Sections 159 and 161 to 165 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, shall apply with respect to every person called as a witness by the Tribunal under this clause as if that person had been called by a party to the proceedings. Section 134: replaced, on 1 April 2000, by section 74 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 92: replaced, on 1 April 2000, by section 46 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 11A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). For the purposes of any review of a patient’s condition, a Review Tribunal may receive any evidence that it thinks fit, whether it is admissible in a court of law or not. Any other person to whom a copy of the certificate of clinical review is sent under section 76(7)(b) or section 77(3)(b) shall be entitled to be present throughout the hearing, except as the convener may otherwise order. A duly authorised officer who receives a request need not comply with subsections (3)(a) or (4)(a) to (d) if that officer has available to him or her a certificate issued under section 8B(4)(b) by a medical practitioner who examined the person who is the subject of the request within the 72 hours before the receipt of the request. Without limiting anything in subsection (1), where the patient is present and appears capable of addressing the court, the court shall give the patient an opportunity to do so; and, in any such case, the court may, if it thinks it desirable to do so, require any parent or guardian of the patient, or any other person with whom the patient is living, or any barrister or solicitor representing any such parent, guardian, or other person, to withdraw from the court while the patient is addressing the court. If, in the opinion of the Director of Area Mental Health Services, a special patient detained following an application made under section 45(2) or subject to an order made under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is fit to be released, that officer may, with the consent of the Director, direct that the special patient be taken to a prison or, as the case requires, a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014 to serve the remainder of the patient’s sentence or the order applicable to the patient, or otherwise be dealt with according to law. if he or she considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder, issue the certificate. take the person to some other place to enable a medical practitioner to examine the patient, and detain the person at that other place until a medical practitioner has examined the patient. Section 76(6): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Where a complaint is made by or on behalf of a patient that any right conferred on the patient by this Part has been denied or breached in some way, the matter shall be referred to a district inspector or an official visitor for investigation. Every patient is entitled to the company of others, except as provided in subsection (2). Every patient is entitled to receive an explanation of the expected effects of any treatment offered to the patient, including the expected benefits and the likely side effects, before the treatment is commenced. An assessment examination must be conducted by a health practitioner who is—, a psychiatrist approved by the Director of Area Mental Health Services for the purposes of the assessment examination, or of assessment examinations generally; or. Section 80(4): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Every patient is entitled, at reasonable times and at reasonable intervals, to receive visitors and to make telephone calls, except where, in the opinion of the responsible clinician, such a visit or call would be detrimental to the interests of the patient and to his or her treatment. Section 76(7)(a): repealed, on 1 April 2000, by section 40(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In section 9(1) and (3), “health practitioner” is modified to “mental health practitioner”. arrange for the review to start as soon as practicable after the receipt of the application and not later than 21 days after the receipt of the application. Section 41(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). A Director of Area Mental Health Services who makes such a delegation, or his or her delegate, must tell the Director or Deputy Director—, when the Director of Area Mental Health Services is intending to be, or is, absent from duty because he or she is ill or because he or she is on approved leave; and. Section 94(2): replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). negligently includes or negligently causes to be included in any such notice, statement, or entry any particular that is false or misleading in any material respect. The person in charge of the hospital must send the information within 14 days after the patient is admitted. No acts done by a deputy as such, and no acts done by the Review Tribunal while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the deputy to act had not arisen or had ceased. otherwise deal with the case in accordance with section 11. In this section, remote technology means technology that enables a person to—, view a place at which they are not physically present; and. Schedule 1 clause 8(2)(b)(iv): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91). Section 36(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). The responsible clinician shall enter or cause to be entered in the registers and records such particulars, at such times, and in such manner, as may be prescribed or, to the extent that such particulars, times, and manner are not prescribed, as may be required by the Director. Every employee of the service specified in the order who is duly authorised to treat the patient may, at all reasonable times, enter the patient’s place of residence or other place so specified for the purpose of treating the patient. Section 110C: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). the time it takes to conduct the assessment examination. Section 41(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). The Minister shall appoint as district inspectors or as deputy district inspectors only persons who are barristers or solicitors. Section 53: amended, on 22 August 2017, by section 46 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42). Section 25: replaced, on 18 May 2009, by section 4 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008 (2008 No 82). Any other person to whom a copy of the certificate of final assessment is sent under section 14A shall be entitled to be present throughout the hearing, except as the Judge may otherwise order. Section 2(1) second period: inserted, on 1 April 2000, by section 2(4) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). No person shall be present during the hearing of any proceedings on an application for a compulsory treatment order except the following: parties to the proceedings and their barristers and solicitors, and any other person nominated by the patient: any other person to whom the certificate of final assessment was sent under section 14A: any other person whom the Judge permits to be present. A delegation continues in force according to its tenor until it is revoked. Coming into force. the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient. An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder. No person shall publish any report of proceedings before a Review Tribunal except with the leave of the Tribunal. The responsible clinician shall conduct a formal review of the condition of every restricted patient—, not later than 3 months after the date of the order declaring the patient to be a restricted patient; and. The provisions of the Armed Forces Discipline Act 1971 specified in Schedule 5 are hereby amended in the manner indicated in that schedule. A Tribunal considering whether or not to make an order under subclause (8)(a) must hear the party or parties affected. If the Director of Area Mental Health Services considers—, that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and. Section 122B: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The Director-General of Health may from time to time issue—, guidelines for the purposes of this Act; and. Section 9(1): replaced, on 31 January 2018, by section 8(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 48(1)(d): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). The provisions of subsections (2) to (6) of section 79 shall apply in respect of every review under this section as if it were a review under that section. If the medical practitioner, having examined the person, does not consider that there are reasonable grounds for believing that the person may be mentally disordered, the person shall be released forthwith. the nurse shall arrange as soon as practicable for a medical practitioner to examine the patient with a view to the issue of a certificate by that medical practitioner under section 8B(4)(b). Section 47(1): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). and, in such a case, the inpatient order shall thereafter be deemed to be and to have effect as a community treatment order as if the terms of the notice were the terms of the order. No such person shall be an officer, a member, or an employee of any hospital or service within the locality to which the person is appointed. In section 9(1), “the Director of Area Mental Health Services must make” is modified to “the Director of Area Mental Health Services or duly authorised officer must make”. When an application is made under section 29(4) for a review of the patient’s condition, subsection (1B) applies. A constable called to the assistance of a medical practitioner under section 110(4), section 110A(5), or section 110B(4)—, may enter the premises where the person or proposed patient is; and, A constable who enters premises under subsection (1) may, at the request of the medical practitioner,—, detain the person or proposed patient where he or she is; or. 28 • Voluntary Patients 29 • Informal Patients 31 3. Introduction 3-1 2. Who is a “Patient” under the Mental Health Act? 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