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Section 31

of Mental Health Act 2001

ActIn forceProvision 31 of 94

Section 31

(1)

Subject to subsections (2) and (3), a person who is suffering or convalescing from mental disorder may be admitted into a psychiatric nursing home as a voluntary patient—

(a)

upon his own request;

(b)

upon the request of a relative; or

(c)

upon the request of a Medical Director of a psychiatric hospital.

34 Laws of Malaysia ACT 615

(2)

Notwithstanding subsection (1), no person shall be admitted into a psychiatric nursing home except under the direction of a medical officer or registered medical practitioner who is preferably a psychiatrist.

(3)

The patient referred to in subsection (1) shall not be admitted into the psychiatric nursing home except for the purpose of providing him with accommodation and nursing and rehabilitative care.

(4)

A patient admitted under this section or his relative may, on giving notice to the person in charge, request his discharge from the psychiatric nursing home and upon such request the patient shall not be kept in the psychiatric nursing home for more than twenty-four hours from the receipt by the person in charge of the notice.

(5)

A patient admitted to a psychiatric nursing home under this section shall be examined by a medical officer or registered medical practitioner regularly, and in any case at least once in every two weeks.

(6)

Where a medical officer or a registered medical practitioner is satisfied that—

(a)

the patient’s mental condition has deteriorated; and

(b)

it is necessary for the health or safety of the patient or for the protection of other persons that he receives further care and treatment, the medical officer or registered medical practitioner shall recommend that the patient be admitted to a psychiatric hospital either voluntarily or in accordance with section 10; and in the event that no relative of the person is available to make an application under section 10, the person in charge of the nursing home may make the application under paragraph 10(1)(a) as if the person in charge were a relative of the patient.

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