Mental Health Act 2001

10 Laws of Malaysia ACT 615

“psychiatrist” means a registered medical practitioner with qualifications, training and experience in the discipline of psychiatry recognized by the Director General;

“prescribed” means prescribed by the Minister by regulations made under this Act;

“psychiatric hospital” means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital;

“government psychiatric hospital” means any premises appointed to be a government psychiatric hospital under section 3;

“private psychiatric hospital” means any premises licensed as a private psychiatric hospital under the Private Healthcare Facilities and Services Act 1998 [Act 586];

“gazetted private psychiatric hospital” means a private psychiatric hospital gazetted under section 4;

“approved psychiatric hospital” means a government psychiatric hospital designated by the Minister under section 22;

“mental disorder” means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind however acquired; and “mentally disordered” shall be construed accordingly;

“Ministry” means the Ministry of Health, Malaysia;

“Director General” means the Director General of Health,

Malaysia;

“Board” means the Board of Visitors appointed under section 8;

“Court” means the High Court, a Sessions Court or a Magistrate

Court or a Syariah Court as the context may require, and includes a

Judge whether sitting in Court or in Chambers;

Mental Health 11

“Minister” means the Minister charged with the responsibility for health;

“person in charge” means the person responsible for the management and control of a psychiatric hospital or psychiatric nursing home or community mental health centre, as the case may be, and the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in the hospital, home or centre;

“social welfare officer” means any social welfare officer in the

Ministry of Health, Malaysia or in the Ministry or Department responsible for welfare services;

“medical officer” means a registered medical practitioner in the service of the Government of Malaysia;

“police officer” means any member of the Royal Malaysian Police;

“Visitor” means a member of the Board of Visitors appointed under section 38;

“licensee” means a person to whom a license for a private psychiatric hospital or a private psychiatric nursing home or a private community mental health centre, as the case may be, is issued under the Private Healthcare Facilities and Services Act 1998;

“Registrar” means the Registrar of a High Court, and includes any

Deputy Registrar or Senior Assistant Registrar of the High Court;

“registered medical practitioner” means a person who is registered as such under the Medical Act 1971 [Act 50] and who holds a valid practicing certificate under the Act;

“Medical Director” means—

“friend” if the Minister is satisfied as to the character and fitness of the members of the board of directors or committee or other governing body of the body or organizations.

Appointment of Medical Director and Deputy Medical Director of private psychiatric hospital

shall be a psychiatrist.

Director General as soon as practicable, but in any case not later than

16 Laws of Malaysia ACT 615

fourteen days from the date of the occurrence, of any change in the

Medical Director or Deputy Medical Director of the private psychiatric hospital, and the qualifications, training and experience of the new Medical Director or Deputy Medical Director, as the case may be.

Licensee and Medical Director of private psychiatric hospital to comply with the Private Healthcare Facilities and Services Act 1998

Services Act 1998, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.