Mental Health Act 2001

This Act comes into operation on such date as the Minister may appoint by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in different parts of Malaysia.

the Medical Director of a psychiatric hospital appointed under subsection 5(1) or section 6, as the case may be, and

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includes a Deputy Medical Director appointed under the section; and

the Head of Psychiatry appointed under subsection 5(2);

“guardian”, in relation to a minor, means the parent or parents of the minor, or a person lawfully appointed by will or by an order of a competent Court to be the guardian of the minor, or a person who has lawful custody of the minor;

“voluntary patient” means a person admitted to a psychiatric hospital under section 9;

“involuntary patient” means a person admitted into a psychiatric hospital under section 10, or detained in the hospital under subsection 9(5) or 14(1) or 14(3), or received into a psychiatric hospital by an order of Court under section 73;

“community mental health centre” means a government community mental health centre or a private community mental health centre, and includes a gazetted private community mental health centre;

“government community mental health centre” means any premises appointed to be a government community mental health centre under section 33;

“private community mental health centre” means any premises licensed as a private community mental health centre under the

Private Healthcare Facilities and Services Act 1998;

“gazetted private community mental health centre” means a private community mental health centre gazetted under section 34;

“friend”, in relation to a mentally disordered person, means—

a person, other than a relative, of or above eighteen years of age with whom the mentally disordered person ordinarily resides (or if the mentally disordered person is for the time being an inpatient in a psychiatric hospital,

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with whom he last ordinarily resided before he was admitted), and with whom he has or had been ordinarily residing for a period of not less than two years; or

a body or an organization recognized by the Minister under subsection (4);

“psychiatric nursing home” means a government psychiatric nursing home or a private psychiatric nursing home, and includes a gazetted private psychiatric nursing home;

“government psychiatric nursing home” means any premises appointed to be a government psychiatric nursing home under section 27;

“private psychiatric nursing home” means any premises licensed as a private psychiatric nursing home under the Private Healthcare

Facilities and Services Act 1998;

“gazetted private psychiatric nursing home” means a private psychiatric nursing home gazetted under section 28;

“relative” means any of the following persons of or above eighteen years of age:

husband or wife;

son or daughter;

father or mother;

brother or sister;

grandparent;

grandchild;

maternal or paternal uncle or aunt;

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nephew or niece.

Nothing in the definition of “mental disorder” in subsection

shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder by reason only of his promiscuity or other immoral conduct, sexual deviancy, consumption of alcohol or drug, or where he expresses or refuses or fails to express a particular political or religious opinion or belief, or of his antisocial personality.

Subsection (2) does not prevent the serious physiological, biochemical or psychological effects, temporary or permanent, of drug or alcohol consumption from being regarded as an indication that a person is mentally ill.

The Minister may recognize a body or an organization as a

“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.

a Medical Director who shall be the person in charge; and

a Deputy Medical Director.

Where any part of any premises is appointed as a government psychiatric hospital under section 3, the Minister shall appoint in respect of such part, a Head of Psychiatry who shall be the person in charge.

The person to be appointed under subsection (1) or (2) shall be a medical officer and preferably a psychiatrist.

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

a Medical Director, who shall be the person in charge; and

a Deputy Medical Director.

The person to be appointed under paragraph (1)(a) or (1)(b)

shall be a psychiatrist.

For the purpose of subsection (1), a licensee who is a psychiatrist may appoint himself to be the Medical Director of the private psychiatric hospital in respect of which the licence was issued.

The licensee of a private psychiatric hospital shall notify the

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

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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

The licensee and Medical Director of a gazetted private psychiatric hospital shall comply with such other additional requirements as may be prescribed.

upon the order of a medical officer or registered medical practitioner under section 14;

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as a voluntary patient;

upon the order of a medical officer or registered medical practitioner under subsection 9(5), 14(1) or 14(3);

in accordance with section 10;

by an order of Court under section 55 or 73;

upon the order of the Court or the Public Prosecutor under section 342 of the Criminal Procedure Code [Act 593] or the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua

Negeri of a State under section 344 or 348 of the Criminal

Procedure Code, or by the order of the relevant authority under corresponding provisions in any other written law;

or

on a transfer from another psychiatric hospital, or on return from leave, or on a preapprehensions after being absent without leave.

Nothing in this Act shall prohibit any voluntary patient from receiving care, treatment or rehabilitation in any other government hospital, or in any private hospital licensed under the Private

Healthcare Facilities and Services Act 1998.

upon his own request; or

in the case of a minor, on an application in his behalf by his guardian to the Medical Director of the psychiatric hospital,

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made in such form as may be prescribed.

The Medical Director may refuse to admit a person as a voluntary patient if he is not satisfied that the person is likely to benefit from the care or treatment in the psychiatric hospital as a voluntary patient.

A voluntary patient, or if the voluntary patient is a minor, his guardian, may give notice to the Medical Director requesting the discharge of the voluntary patient from the psychiatric hospital.

Subject to an order made under subsection (5), a voluntary patient whose discharge has been requested under subsection (3) shall not be kept in the psychiatric hospital for more than seventy-two hours from the date of the notice given under that subsection.

The voluntary patient whose discharge has been requested under subsection (3) shall be examined by a medical officer or registered medical practitioner not involved in the management of the patient, and if the medical officer or registered medical practitioner is satisfied that—

The Medical Director may—

an application made in the prescribed form to the Medical

Director by a relative of the person; and

the production of a recommendation in the prescribed form of a medical officer or registered medical practitioner based on a personal examination of the person made not more than five days before the admission of the person that—

the person is suffering from mental disorder of a nature or degree which warrants his admission into a psychiatric hospital for the purposes of assessment or treatment; or

The application and there commendation in subsection (1) are sufficient authority for the person making the application, or a police officer or any other person authorized by the person making the application, to take the person to whom the recommendation relates to a psychiatric hospital.

Where a person is admitted to a psychiatric hospital under this section, the Medical Director of the psychiatric hospital shall, within twenty-four hours of the person’s admission, make or cause to be

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made on him by a medical officer or a registered medical practitioner such examination as the Medical Director may consider necessary for determining whether or not the continued detention of the person is justified.

The medical officer or registered medical practitioner who makes the recommendation under paragraph (1)(b) or who admits the patient under subsection (1) shall not examine the patient under this subsection.

Where upon the examination of the person under subsection

the Medical Director—

Where a person who is detained by order issued under paragraph (5)(b) or subsection 9(5) is not sooner discharged, the

Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified.

The examination of the person under subsection (6) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist.

Where upon the examination of the person under subsection (6), the medical officers or registered medical practitioners, as the case may be—

The police officer or social welfare officer who has apprehended a person under subsection (1) shall as soon as practicable, but not later than twenty-four hours after the apprehension, bring the person to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.

Procedure in cases of proved ill-treatment of suspected mentally disordered person

is not under proper care and control; or

is neglected or cruelly treated by any relative or any other person having charge of him, the Magistrate may send for the person suspected of being mentally disordered and summon the relative or the person who has, or ought to have, charge of him.

Where the Magistrate is satisfied, after due inquiry, that the person summoned under subsection (1) is legally bound to maintain the suspected mentally disordered person, he may make an order requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned.

Where there is no person legally bound to maintain the suspected mentally disordered person, the Magistrate may make an order for the person to be sent to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital.

It shall be the duty of every police officer not below the rank of Inspector to report to a Magistrate every such case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge.

If an order is made by the Magistrate under subsection (2), any medical officer in a government psychiatric hospital or any registered medical practitioner in a gazetted private psychiatric hospital, as the case may be, or any police officer not below the rank of Inspector, or any social welfare officer may, at such reasonable time as the Magistrate shall fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and the person who was ordered by the Magistrate to properly care for and treat the suspected mentally disordered person shall produce the suspected mentally disordered person for the inspection of the medical officer, registered medical practitioner, police inspector or social welfare officer.

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A person who fails to comply with an order made under subsection (2) or who refuses to produce the suspected mentally disordered person under subsection (5) commits an offence and shall on conviction be liable—

if he is satisfied that the person is not mentally disordered, he shall discharge him;

if he is satisfied that, though still mentally disordered, the person is not in need of further care or treatment in a psychiatric hospital and is not dangerous to himself or to other persons, he shall discharge the person; or

if he is satisfied that the person is mentally disordered, he shall make an order in the prescribed form signed by him for the person to be admitted and detained in government psychiatric hospital or a gazetted private psychiatric hospital, and send the person into suitable custody at the psychiatric hospital.

No order shall be made under paragraph (1)(c) by a medical officer or registered medical practitioner who is a relative, partner or

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assistant of the person to be admitted or of the person presenting the request for the person’s admission into the psychiatric hospital.

Where an order has been made under paragraph (1)(c)—

Where upon the examination of the person the Medical

Director—

Where a person is detained under paragraph (4)(b), the

Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified.

The examination of the person under subsection (5) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist.

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Where upon the examination of the person under subsection

the medical officers or registered medical practitioners, as the case may be—

it is in the best interest of the patient to discharge him; and

the patient is not in need of further care or treatment in the psychiatric hospital.

On receipt of an application made under subsection (1), the

Medical Director shall examine the patient in respect of whom the application is made and shall record his findings in a report.

The Medical Director shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient—

A person aggrieved by the decision of the Medical Director under subsection (3) refusing to discharge him may appeal in writing to the Visitors within fourteen days from the date of receipt of such decision.

When an appeal is made under subsection (4), the Medical

Director shall submit the report of his examination under subsection

to the Visitors.

On receipt of an appeal made under subsection (4), the

Visitors shall personally examine the person in respect of whom the appeal is made and record their findings in a report.

The Visitors shall not discharge the patient unless they are satisfied, based on the examination under subsection (6) and the

Medical Director’s report, that the patient—

A person aggrieved by the decision of the Visitors under subsection (7) may appeal in writing to the Director General within

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fourteen days from the date of receipt of the Visitor’s refusal to grant his discharge.

When an appeal is made under subsection (8), the Visitors shall submit the report of their examination under subsection (6)

together with the report of the Medical Director to the Director

General.

If, having regard to the patient’s current mental condition and upon considering the report of the medical director and that of the

Visitors, the Director General is not satisfied that the continued detention of the patient is necessary, he shall order that the patient be discharged.

The Medical Director may extend the period of absence by further leave not exceeding one month in the absence of the patient.

If it appears to the Medical Director that it is necessary to do so in the interest of the patient’s health or safety or for the protection of other persons, or if the patient is in breach of any condition imposed under subsection (1), he may revoke the leave of absence allowed to an involuntary patient and require the patient to return to the psychiatric hospital.

absents himself from the psychiatric hospital without leave granted under section 17; or

fails to return to the psychiatric hospital after the expiration of any period of leave of absence granted to him under section 17, or upon being recalled under that section, he may be taken into custody by any police officer or social welfare officer or any person authorized in writing by the Medical Director for the purpose of being returned to the psychiatric hospital.

Transfer of involuntary patient to another government psychiatric hospital or gazetted private psychiatric hospital

the Director General or the authorized person is satisfied, on the facts available, that the transfer will be of benefit to the patient or is necessary for the patient’s care and treatment; and

in the case of a proposed transfer to a gazetted private psychiatric hospital, the Medical Director of the hospital to which it is proposed to transfer the involuntary patient agrees to the transfer.

Subject to paragraph (1)(b), the Medical Director of the government psychiatric hospital or the gazetted private psychiatric hospital, as the case may be, shall in all cases comply with the order of the Director General under subsection (1) but—

An order made under subsection (1) or (2) shall be sufficient authority for the reception and detention of the person to whom the order relates in the psychiatric hospital to which he is transferred.

The Medical Director shall examine, or caused to be examined at least once in every four weeks, or within such shorter period as the Minister may specify, any person admitted and confined under section 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law.

Review of persons confined under section 348 of the Criminal

If upon considering the report of the Medical Director and by the personal examination of the person, the Visitors are satisfied that the person poses no danger to himself or to any other person, the

Visitors and the Medical Director shall jointly certify as required under section 350 of the Criminal Procedure Code that the person may be safely discharged without danger of his doing injury to himself or to any other person.

The certificate referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua

Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined by the order of the Yang di-Pertuan Agong.

Review of persons confined under section 344 or 348 of the

Upon receiving a copy of the application, the Medical

Director and the Visitors of the approved psychiatric hospital shall examine the person and prepare a report certifying whether in their judgment that person could be delivered over to the care or custody of the relative or friend without any danger of the person doing injury to himself or to any other person.

The report referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri

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by whose order the person is confined or the Chief Secretary to the

Government if the person is confined by the order of the Yang di-Pertuan Agong.

a medical officer, preferably with qualification or training and experience in psychiatry; or

a government staff nurse with qualification, training and experience in psychiatry, to be the person in charge of the government psychiatric nursing home.

The qualification, training and experience referred to in subsection (1) must be qualification, training and experience recognized by the Minister on the advice of the Director General.

upon his own request;

upon the request of a relative; or

upon the request of a Medical Director of a psychiatric hospital.

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Notwithstanding subsection (1), no person shall be admitted into a psychiatric nursing home except under the direction of a medical officer or registered medical practitioner who is preferably a psychiatrist.

The patient referred to in subsection (1) shall not be admitted into the psychiatric nursing home except for the purpose of providing him with accommodation and nursing and rehabilitative care.

A patient admitted under this section or his relative may, on giving notice to the person in charge, request his discharge from the psychiatric nursing home and upon such request the patient shall not be kept in the psychiatric nursing home for more than twenty-four hours from the receipt by the person in charge of the notice.

A patient admitted to a psychiatric nursing home under this section shall be examined by a medical officer or registered medical practitioner regularly, and in any case at least once in every two weeks.

Where a medical officer or a registered medical practitioner is satisfied that—

Notwithstanding subsection (1), a government community mental health centre which is under the direct supervision and authority of a government psychiatric hospital shall remain under the authority of the Medical Director of that psychiatric hospital.

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Any community mental health centre may provide community care treatment to voluntary and involuntary patients.

The community care treatment referred to in subsections (1)

and (2) shall be provided on an outpatient basis, and no patient shall be lodged in any part of a community mental health centre for more than twenty-four hours.

Subject to subsections 40(3) and 40(4), a Board of Visitors shall consist of not less than three members to be appointed by the

Minister.

The Minister may in the instrument of appointment of a person as a Visitor specify the terms and conditions of appointment.

A person shall not be appointed a Visitor if he has—

Subject to this section, where a member appointed for any month is unable to act for that month or any part thereof, the

Chairman shall appoint another member in his place.

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The Visitors for a psychiatric hospital shall at all times consist of a medical officer or a registered medical practitioner, preferably a psychiatrist, who does not work in that hospital and two other persons, and one of such Visitors shall be a female person.

The Visitors for a psychiatric nursing home shall at all times consist of a medical officer or a registered medical practitioner, preferably a psychiatrist, and a government staff nurse or registered staff nurse who does not work in that nursing home or have patients in that nursing home and one other person, and one of such Visitors shall be a female person.

Except where the decision of the Visitors to recommend the discharge of a person confined under section 344 or 348 of the

Criminal Procedure Code or corresponding provisions of any other written law must be unanimous, the decision of the Visitors on any other matter before them may be unanimous or by a majority consisting of the concurring opinions of two Visitors.

The Board of a psychiatric nursing home shall meet at least once in every three months and at such times as may be necessary or expedient for the carrying out of its functions.

the welfare and health of persons detained in the psychiatric hospital or the welfare and health of persons admitted into the psychiatric nursing home, as the case may be;

the adequacy of opportunities and facilities for the persons detained in the psychiatric hospital or admitted in the psychiatric nursing home to observe their religions; and

any other matter that the Visitors consider necessary or expedient.

When visiting a psychiatric hospital or a psychiatric nursing home the Visitors may—

enter any remark that they deem proper with regard to the physical well-being and welfare of the persons detained or admitted into the psychiatric hospital or psychiatric nursing home in a book to be kept at the hospital or nursing home for that purpose; and

if they deem necessary, submit to the director General a report of each visit.

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Where upon the examination and inquiry under subsection (1)

the Visitors—

Where the patient is brought before the Visitors under subsection (1), the Visitors may, upon considering the report of the

Medical Director and by a personal examination of the patient, direct that—

Where the

Visitors have made a direction under paragraph (2)(c), the patient to whom the order relates, if he is not sooner discharged, shall—

At each review of a patient by the Visitors under paragraph (3)(b), the Visitors may, upon considering the report of the

Medical Director and by a personal examination of the patient, direct that—

The review under subsection (4) shall continue for as long as the patient is detained in the psychiatric hospital and the provisions of subsection (3) shall continue to apply with every detention of the patient for a further period not exceeding twelve months.

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A Visitor who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

The payment referred to in subsection (1) shall be made by the Government in the case of a government psychiatric hospital or a government psychiatric nursing home, and by the licensee in the case of a private psychiatric hospital, gazetted private psychiatric hospital, private psychiatric nursing home or gazetted private psychiatric nursing home.

Information regarding such programmes and activities shall be furnished to the Director General as and when required by him.

Power of Director General to issue directives, orders or guidelines relating to quality assurance

The order of the Court under subsection (2) may also contain directions for inquiries to be made concerning—

The application for such an inquiry may be made by a relative of the person alleged to be mentally disordered, or by any public officer nominated by the Minister for the purpose of making the application.

Where it appears to the Court that the person alleged to be mentally disordered is in such a state that personal service on him of the notice would be ineffectual, the Court may, for the purpose of bringing the person to the inquiry, direct that the service of the notice be made on the person having charge of him or on any adult person or the owner or occupier of the premises wherein the mentally disordered person lives.

require the applicant to produce the person alleged to be mentally disordered at such time and place as the

Court may appoint, for the purpose of being personally examined by the Court or by a psychiatrist from whom the Court may desire to have a report of his mental capacity and condition; and

make an order authorizing any person or persons named in the order to have access to the person alleged to be mentally disordered for the purpose of a personal examination and making the report referred to in paragraph (a).

The psychiatrist making a report under paragraph (1)(a) in respect of the person alleged to be mentally disordered shall consider—

The report referred to in paragraph (1)(a) shall be admissible in evidence at the inquiry to be held by the Court under this

Part.

Power to send person alleged to be mentally disordered to a government psychiatric hospital or a gazetted private psychiatric hospital for purpose of observation

The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not mentally disordered, the person shall be discharged by the

Medical Director into the care of the person making the application under subsection 52(3) and shall appear before the Court at the time and place appointed by the Court.

Upon the admission of the person concerned to the psychiatric hospital under subsection (1), the Medical Director shall keep the person under observation and shall, before the expiry of the period mentioned in the order, certify in writing to the Court his opinion as to the state of mind of the person.

In making his certification under subsection (3) the Medical

Director shall consider the matters set out in subsection 54(2).

The certificate under subsection (3) shall be admissible in evidence at the inquiry to be held by the Court under this part.

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If, at any time after certification, the person is or becomes mentally disordered, the applicant under subsection 52 (3) under whose care the person is placed upon being discharged under subsection (2) shall ensure that the person appear before the Court at the time and place appointed by the Court.

as to the remuneration, if any, of the committee or committees out of the person’s estate; or

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as to the giving of security by the committee or committees.

Where the Court finds that the person alleged to be mentally disordered is incapable of managing his affairs due to his mental disorder but is not dangerous to himself or to others, the Court may appoint a committee of his estate without appointing a committee of his person.

The powers of management conferred under subsection (1)

shall not extend to the sale or charge of the estate or any part of the estate or to the letting of any immovable property for a term exceeding three years.

The Registrar may, without an order of reference, receive and inquire into any proposal relating to the sale or charge of the estate or any part of the estate of a mentally disordered person or to the letting of any immovable property for a term exceeding three years.

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The Registrar shall report to the Court on the proposal and the

Court shall, subject to this Act, make an order on the report and award such costs as under the circumstances seem just.

Where a relative or next-of-kin is a minor, the Court may appoint a fit and proper person to be his guardian for the purpose of the proceedings.

The attendance of the relatives or next-of-kin before the

Registrar shall be at the cost of the estate.

the payment of his debts, including any debt or expenditure incurred for his maintenance or for his benefit;

the discharge of any encumbrance on his estate;

the payment of or provision for the expenses of his future maintenance and the maintenance of his family, including the expenses of his removal to any place in or outside Malaysia and all related expenses;

the payment of the costs of any proceedings under this

Act and of any costs incurred by order or under the authority of the Court.

The committee shall also, under the order of the Court, exercise all powers vested in a mentally disordered person, whether the powers are vested in him for his own benefit or in his capacity as a trustee or guardian.

Upon the dissolution of the partnership under subsection (1)

or upon the dissolution of the partnership by an order of any Court or by due course of law, the committee of the estate of the mentally disordered person may, in the name and on behalf of the mentally disordered person, join with the other partners in disposing of the partnership property upon such terms, and shall do all acts for carrying into effect the dissolution of the partnership, as the Court deems proper.

that the person has been declared to be a mentally disordered person; and

that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing, may order some fit and proper person to make such transfer of the property or of any part of the property to the committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits of the property as the Court deems fit; and any act done in pursuance of the order shall be valid and effectual for all purposes.

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Notwithstanding subsection (1), if a friend or relative of the mentally disordered person satisfies the Court that he undertakes to take proper care of the person and prevent him from injuring himself

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or others, the Court may, instead of making an order under the subsection, make an order handing him over to the care of the friend or relative.

A person received into a psychiatric hospital by an order of the Court under subsection (1) shall, for the purpose of this Act, be deemed to be an involuntary patient.

on the application of that person;

on the application of a person acting on his behalf; or

on the information of any other person, that there is reason to believe that such incapability has ceased, the

Court may make an order for an inquiry to determine whether the person is now capable of managing himself and his affairs.

The inquiry under subsection (1) shall be conducted in the same manner as that prescribed for an inquiry into whether a person alleged to be mentally disordered is incapable of managing himself and his affairs.

Where upon an inquiry under this section the Court finds that the person is now capable of managing himself and his affairs the

Court shall order all proceedings in the matter to cease or to be set aside on such terms and conditions as it deems proper.

Discharge of person found on inquiry to be capable of managing himself and his affairs

by the patient himself if he is capable of giving consent as assessed by a psychiatrist;

by his guardian in the case of a minor or a relative in the case of an adult, if the patient is incapable of giving consent;

by two psychiatrists, one of whom shall be the attending psychiatrist, if there is no guardian or relative

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of the patient available or traceable and the patient himself is incapable of giving consent.

For purposes of subsection (1), it shall be the duty of the registered medical practitioner concerned to ensure that informed consent is first obtained from the patient himself under paragraph

In cases of emergencies, consent for surgery or electroconvulsive therapy may be given—

Except for subsections (1) and (2), no consent is required for other forms of conventional treatment.

In determining whether or not a mentally disordered person is capable of giving consent under paragraph (1)(a), the examining psychiatrist shall consider whether or not the person examined understands—

under which provision of this Act the patient is for the time being detained and the effect of the provision; and

what rights are available to the patient for him to apply for his discharge.

in good faith;

in the reasonable belief that it was necessary for the purpose intended to be served thereby; or

for carrying into effect the provisions of this Act.

Copy of reception order to be sent to Medical Director of government psychiatric hospital or gazetted private psychiatric hospital

This section shall apply to any unforeseeable or unanticipated incident that occurs on or after the date of commencement of this

Act.

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A policy statement shall cover such matters as may be prescribed.

Construction of written law

to a lunatic or mental person shall be construed as a reference to a mentally disordered person;

to a lunacy shall be construed as a reference to mental disorder;

to an asylum, a lunatic asylum, an approved hospital or a mental hospital shall be construed as a reference to a psychiatric hospital.

ill-treats or willfully neglects a patient for the time being receiving treatment for mental disorder as an in-patient in that psychiatric hospital, psychiatric nursing home, community mental health centre or government or private healthcare premises; or

ill-treats or willfully neglects, on the premises of which such psychiatric hospital, psychiatric nursing home, community mental health centre, or government or private healthcare facility forms a part, a patient for the time being receiving treatment there as an out-patient, commits an offence.

A person who ill-treats or willfully neglects a mentally disordered person who is in his custody or under his care and protection commits an offence.

A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

otherwise than in accordance with the provisions of this

Act or any other written law, receives or detains in a

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psychiatric hospital a person who is or is alleged to be mentally disordered; or

for gain, detains in any place, not being a psychiatric hospital, any number of mentally disordered persons, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

Without prejudice to the generality of the powers conferred by subsection (1) regulations may be made for all or any of the following purposes:

Notwithstanding the repeal of the ordinances in subsection (1)—

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Act.

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