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Section 14

of Mental Health Act 2001

ActIn forceProvision 14 of 94

Section 14

(1)

Where a person is brought or sent before a medical officer or registered medical practitioner under section 11, 12, 13 or 73, the medical officer or registered medical practitioner shall examine the person and—

(a)

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

(b)

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

(c)

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.

(2)

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

24 Laws of Malaysia ACT 615

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

(3)

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

(a)

the person to whom the order relates shall be admitted to the psychiatric hospital by the medical officer or registered medical practitioner of the psychiatric hospital;

and

(b)

the Medical Director of the psychiatric hospital shall, within twenty-four hours of the patient’s admission, make or cause to be made on the patient such examination as he may consider necessary for determining whether or not the continued detention of the person is necessary.

(4)

Where upon the examination of the person the Medical

Director—

(a)

is not satisfied that the continued detention of the person is necessary, he shall discharge the person; or

(b)

is satisfied that the continued detention of the person is necessary for observation, care or treatment, he shall make an order in the prescribed form signed by him for the detention of the person for a further period not exceeding one month.

(5)

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.

(6)

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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(7)

Where upon the examination of the person under subsection

(6)

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

(a)

are not satisfied that the continued detention of the person is justified, they shall discharge the person; or

(b)

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.