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Section 9

Admission of voluntary patient into psychiatric hospital

of Mental Health Act 2001

ActIn forceProvision 9 of 94
Section 9
(1)

A person may be admitted to a psychiatric hospital as a voluntary patient—

(a)

upon his own request; or

(b)

in the case of a minor, on an application in his behalf by his guardian to the Medical Director of the psychiatric hospital,

18 Laws of Malaysia ACT 615

made in such form as may be prescribed.

(2)

The Medical Director may refuse to admit a person as a voluntary patient if he is not satisfied that the person is likely to benefit from the care or treatment in the psychiatric hospital as a voluntary patient.

(3)

A voluntary patient, or if the voluntary patient is a minor, his guardian, may give notice to the Medical Director requesting the discharge of the voluntary patient from the psychiatric hospital.

(4)

Subject to an order made under subsection (5), a voluntary patient whose discharge has been requested under subsection (3) shall not be kept in the psychiatric hospital for more than seventy-two hours from the date of the notice given under that subsection.

(5)

The voluntary patient whose discharge has been requested under subsection (3) shall be examined by a medical officer or registered medical practitioner not involved in the management of the patient, and if the medical officer or registered medical practitioner is satisfied that—

(a)

the patient is mentally disordered; and

(b)

it is necessary for the health or safety of the patient or for the protection of other persons that he continues to receive further care and treatment in the psychiatric hospital, the medical officer or registered medical practitioner shall make an order in the prescribed form signed by him for the further detention of the patient in the psychiatric hospital for a period not exceeding one month.

(6)

The Medical Director may—

(a)

grant leave of absence to any voluntary patient; or

(b)

at any time discharge a voluntary patient if he is satisfied that—

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(i)

it is in the interest of the patient to discharge him;

and

(ii)

the patient is not in need of any further care and treatment in the psychiatric hospital.