Malaysia legislation
Section 2
Section 2
(a)
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
(b)
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)
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
(b)
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:
(a)
husband or wife;
(b)
son or daughter;
(c)
father or mother;
(d)
brother or sister;
(e)
grandparent;
(f)
grandchild;
(g)
maternal or paternal uncle or aunt;
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(h)
nephew or niece.
(2)
Nothing in the definition of “mental disorder” in subsection
(1)
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.
(3)
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.
(4)
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.
Appointment of government psychiatric hospital