Section 45
Review of involuntary patient by Visitors
(1)
Where the Visitors have made an order under paragraph 44(2)(b) and the patient to whom the order relates is, before the expiration of the period specified in the order, still being detained in the psychiatric hospital, the Medical Director of the psychiatric hospital shall as soon as may be cause the patient to be brought before the Visitors.
(2)
Where the patient is brought before the Visitors under subsection (1), the Visitors may, upon considering the report of the
Medical Director and by a personal examination of the patient, direct that—
(a)
the patient be discharged;
Mental Health 41
(b)
the patient be discharged at a future date as specified in the direction; or
(c)
the patient be detained for care and treatment for a further period not exceeding twelve months as may be specified in the direction.
(3)
Where the
Visitors have made a direction under paragraph (2)(c), the patient to whom the order relates, if he is not sooner discharged, shall—
(a)
notwithstanding section 20, be examined by the
Medical Director at least once in four weeks; and
(b)
be reviewed by the Visitors at least once, before the end of the period of his detention in the psychiatric hospital to determine whether or not the continued detention of the patient is necessary.
(4)
At each review of a patient by the Visitors under paragraph (3)(b), the Visitors may, upon considering the report of the
Medical Director and by a personal examination of the patient, direct that—
(a)
the patient be discharged;
(b)
the patient be discharged at a future date as specified in the direction; or
(c)
the patient be detained for care and treatment for a further period not exceeding twelve months as may be specified in the direction.
(5)
The review under subsection (4) shall continue for as long as the patient is detained in the psychiatric hospital and the provisions of subsection (3) shall continue to apply with every detention of the patient for a further period not exceeding twelve months.
42 Laws of Malaysia ACT 615