Mental Health Act 2001 · Updated to 1 Feb 2014 · Part III · Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Hospital
Section 19
Feedback & support(1)
The Director General or any person authorized by him may, by order, direct the transfer of an involuntary patient from a government psychiatric hospital or a gazetted private psychiatric hospital to another government psychiatric hospital or a gazetted private psychiatric hospital if—
Director General
“Director General” means the Director General of Health, Malaysia;
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.
gazetted private psychiatric hospital
“gazetted private psychiatric hospital” means a private psychiatric hospital gazetted under section 4;
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—
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);
if the Medical Director is satisfied that it will be of benefit to an involuntary patient under his care to be
Mental Health 29
transferred to another psychiatric hospital other than that mentioned in the order; and
arrangement for the transfer could be made or has been made with the Medical Director of the psychiatric hospital to which it is proposed to transfer the involuntary patient, the Medical Director shall communicate his views in writing to the
Director General whose decision on the matter is final.
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.
psychiatric hospital
“psychiatric hospital” means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital;