Mental Health Act 2001 · Updated to 1 Feb 2014 · Part II
10. Admission of involuntary patient into psychiatric hospital
Feedback & supportA person who is suspected to be mentally disordered may be admitted and detained in a psychiatric hospital upon—
psychiatric hospital
“psychiatric hospital” means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital;
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 person ought to be detained in the interest of his own health or safety or with a view to the protection of other persons.
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
Medical Director
“Medical Director” means— (a) the Medical Director of a psychiatric hospital appointed under subsection 5(1) or section 6, as the case may be, and includes a Deputy Medical Director appointed under the section; and (b) the Head of Psychiatry appointed under subsection 5(2);
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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.
medical officer
“medical officer” means a registered medical practitioner in the service of the Government of Malaysia;
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.
registered medical practitioner
“registered medical practitioner” means a person who is registered as such under the Medical Act 1971 and who holds a valid practicing certificate under the Act;
Where upon the examination of the person under subsection
the Medical Director—
is not satisfied that the continued detention of the person is justified, he shall discharge the person; or
is satisfied that the continued detention of the person is justified, he shall make an order in the prescribed form signed by him for the detention of the person for a period not exceeding one month.
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.
psychiatrist
“psychiatrist” means a registered medical practitioner with qualifications, training and experience in the discipline of psychiatry recognized by the Director General;
Where upon the examination of the person under subsection (6), the medical officers or registered medical practitioners, as the case may be—
are not satisfied that the continued detention of the person is justified, they shall discharge the person; or
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are satisfied that the continued detention of the person is justified, they shall make an order in the prescribed form signed by them for the detention of the person for a further period not exceeding three months.