Mental Health Act 2001 · Updated to 1 Feb 2014 · Part III · Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Hospital
16. Discharge of involuntary patient on application
Feedback & supportSubject to subsection (2), an involuntary patient or a relative of the patient may make an application in the prescribed form to the Medical Director requesting the patient’s discharge.
involuntary patient
“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;
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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.
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);
The Medical Director shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient—
is not mentally disordered; or
though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons.
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—
is not mentally disordered; or
though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons.
A person aggrieved by the decision of the Visitors under subsection (7) may appeal in writing to the Director General within
Director General
“Director General” means the Director General of Health, Malaysia;
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fourteen days from the date of receipt of the Visitor’s refusal to grant his discharge.
Visitor
“Visitor” means a member of the Board of Visitors appointed under section 38;
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.