Section 2
Interpretation
In this Act, unless the context otherwise requires—
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“psychiatrist” means a registered medical practitioner with qualifications, training and experience in the discipline of psychiatry recognized by the Director General;
“prescribed” means prescribed by the Minister by regulations made under this Act;
“psychiatric hospital” means a government psychiatric hospital or a private psychiatric hospital including a gazetted private psychiatric hospital;
“government psychiatric hospital” means any premises appointed to be a government psychiatric hospital under section 3;
“private psychiatric hospital” means any premises licensed as a private psychiatric hospital under the Private Healthcare Facilities and Services Act 1998 [Act 586];
“gazetted private psychiatric hospital” means a private psychiatric hospital gazetted under section 4;
“approved psychiatric hospital” means a government psychiatric hospital designated by the Minister under section 22;
“mental disorder” means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind however acquired; and “mentally disordered” shall be construed accordingly;
“Ministry” means the Ministry of Health, Malaysia;
“Director General” means the Director General of Health,
Malaysia;
“Board” means the Board of Visitors appointed under section 8;
“Court” means the High Court, a Sessions Court or a Magistrate
Court or a Syariah Court as the context may require, and includes a
Judge whether sitting in Court or in Chambers;
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“Minister” means the Minister charged with the responsibility for health;
“person in charge” means the person responsible for the management and control of a psychiatric hospital or psychiatric nursing home or community mental health centre, as the case may be, and the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in the hospital, home or centre;
“social welfare officer” means any social welfare officer in the
Ministry of Health, Malaysia or in the Ministry or Department responsible for welfare services;
“medical officer” means a registered medical practitioner in the service of the Government of Malaysia;
“police officer” means any member of the Royal Malaysian Police;
“Visitor” means a member of the Board of Visitors appointed under section 38;
“licensee” means a person to whom a license for a private psychiatric hospital or a private psychiatric nursing home or a private community mental health centre, as the case may be, is issued under the Private Healthcare Facilities and Services Act 1998;
“Registrar” means the Registrar of a High Court, and includes any
Deputy Registrar or Senior Assistant Registrar of the High Court;
“registered medical practitioner” means a person who is registered as such under the Medical Act 1971 [Act 50] and who holds a valid practicing certificate under the Act;
“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
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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.