Admission of patient into psychiatric hospital
(1) Except as may be otherwise expressly provided in any other written law, no person shall be admitted into a psychiatric hospital otherwise than—
(a) upon the order of a medical officer or registered medical practitioner under section 14;
(b) as a voluntary patient;
(c) upon the order of a medical officer or registered medical practitioner under subsection 9(5) or 14(1) or 14(3);
(d) in accordance with section 10;
(e) by an order of Court under section 55 or 73;
(f) upon the order of the Court or the Public Prosecutor under section 342 of the Criminal Procedure Code [Act 593] or the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri of a State under section 344 or 348 of the Criminal Procedure Code, or by the order of the relevant authority under corresponding provisions in any other written law; or
(g) on a transfer from another psychiatric hospital, or on return from leave, or on a reapprehension after being absent without leave.
(2) Nothing in this Act shall prohibit any voluntary patient from receiving care, treatment or rehabilitation in any other government hospital, or in any private hospital licensed under the Private Healthcare Facilities and Services Act 1998.
Admission of voluntary patient into psychiatric hospital
(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,
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—
(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.
Admission of involuntary patient into psychiatric hospital
(1) A person who is suspected to be mentally disordered may be admitted and detained in a psychiatric hospital upon—
(a) an application made in the prescribed form to the Medical Director by a relative of the person; and
(b) the production of a recommendation in the prescribed form of a medical officer or registered medical practitioner based on a personal examination of the person made not more than five days before the admission of the person that—
(i) the person is suffering from mental disorder of a nature or degree which warrants his admission into a psychiatric hospital for the purposes of assessment or treatment; or
(ii) the person ought to be detained in the interest of his own health or safety or with a view to the protection of other persons.
(2) The application and the recommendation in subsection (1) are sufficient authority for the person making the application, or a police officer or any other person authorized by the person making the application, to take the person to whom the recommendation relates to a psychiatric hospital.
(3) Where a person is admitted to a psychiatric hospital under this section, the Medical Director of the psychiatric hospital shall, within twenty-four hours of the person’s admission, make or cause to be made on him by a medical officer or a registered medical practitioner such examination as the Medical Director may consider necessary for determining whether or not the continued detention of the person is justified.
(4) The medical officer or registered medical practitioner who makes the recommendation under paragraph (1)(b) or who admits the patient under subsection (1) shall not examine the patient under this subsection.
(5) Where upon the examination of the person under subsection
(3) the Medical Director—
(a) is not satisfied that the continued detention of the person is justified, he shall discharge the person; or
(b) is satisfied that the continued detention of the person is justified, he shall make an order in the prescribed form signed by him for the detention of the person for a period not exceeding one month.
(6) Where a person who is detained by order issued under paragraph (5)(b) or subsection 9(5) is not sooner discharged, the Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified.
(7) The examination of the person under subsection (6) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist.
(8) Where upon the examination of the person under subsection
(6), the medical officers or registered medical practitioners, as the case may be—
(a) are not satisfied that the continued detention of the person is justified, they shall discharge the person; or
(b) are satisfied that the continued detention of the person is justified, they shall make an order in the prescribed form signed by them for the detention of the person for a further period not exceeding three months.
Apprehension of mentally disordered person
(1) Any police officer or social welfare officer may apprehend any person whom he has reason to believe is mentally disordered and is, because of mental disorder, dangerous to himself or to other persons or property.
(2) The police officer or social welfare officer who has apprehended a person under subsection (1) shall as soon as practicable, but not later than twenty-four hours after the apprehension, bring the person to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.
Procedure in cases of proved ill-treatment of suspected mentally disordered person
Where a person has been convicted of an offence under Chapter XVI of the Penal Code [Act 574] involving hurt, grievous hurt, wrongful restraint, wrongful confinement, assault or criminal force against any other person, and the Court has reason to
suspect that that other person is mentally disordered and is not under proper care and control, the Court may send that person before a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.
Procedure in cases of neglect or cruel treatment of suspected mentally disordered person
(1) If it appears to a Magistrate, on the report of a police officer or on the information of any person, that a person reasonably suspected of being mentally disordered—
(a) is not under proper care and control; or
(b) is neglected or cruelly treated by any relative or any other person having charge of him,
the Magistrate may send for the person suspected of being mentally disordered and summon the relative or the person who has, or ought to have, charge of him.
(2) Where the Magistrate is satisfied, after due inquiry, that the person summoned under subsection (1) is legally bound to maintain the suspected mentally disordered person, he may make an order requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned.
(3) Where there is no person legally bound to maintain the suspected mentally disordered person, the Magistrate may make an order for the person to be sent to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital.
(4) It shall be the duty of every police officer not below the rank of Inspector to report to a Magistrate every such case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge.
(5) If an order is made by the Magistrate under subsection (2), any medical officer in a government psychiatric hospital or any registered medical practitioner in a gazetted private psychiatric hospital, as the case may be, or any police officer not below the rank of Inspector, or any social welfare officer may, at such
reasonable time as the Magistrate shall fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and the person who was ordered by the Magistrate to properly care for and treat the suspected mentally disordered person shall produce the suspected mentally disordered person for the inspection of the medical officer, registered medical practitioner, police inspector or social welfare officer.
(6) A person who fails to comply with an order made under subsection (2) or who refuses to produce the suspected mentally disordered person under subsection (5) commits an offence and shall on conviction be liable—
(a) in the case of an offence under subsection (2), to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and
(b) in the case of an offence under subsection (5), to a fine not exceeding five hundred ringgit.
Order of admission into psychiatric hospital by medical officer or registered medical practitioner or by order of Court under section 11, 12, 13 or 73
(1) Where a person is brought or sent before a medical officer or registered medical practitioner under section 11, 12, 13 or 73, the medical officer or registered medical practitioner shall examine the person and—
(a) if he is satisfied that the person is not mentally disordered, he shall discharge him;
(b) if he is satisfied that, though still mentally disordered, the person is not in need of further care or treatment in a psychiatric hospital and is not dangerous to himself or to other persons, he shall discharge the person; or
(c) if he is satisfied that the person is mentally disordered, he shall make an order in the prescribed form signed by him for the person to be admitted and detained in government psychiatric hospital or a gazetted private psychiatric hospital, and send the person into suitable custody at the psychiatric hospital.
(2) No order shall be made under paragraph (1)(c) by a medical officer or registered medical practitioner who is a
relative, partner or assistant of the person to be admitted or of the person presenting the request for the person’s admission into the psychiatric hospital.
(3) Where an order has been made under paragraph (1)(c)—
(a) the person to whom the order relates shall be admitted to the psychiatric hospital by the medical officer or registered medical practitioner of the psychiatric hospital; and
(b) the Medical Director of the psychiatric hospital shall, within twenty-four hours of the patient’s admission, make or cause to be made on the patient such examination as he may consider necessary for determining whether or not the continued detention of the person is necessary.
(4) Where upon the examination of the person the Medical Director—
(a) is not satisfied that the continued detention of the person is necessary, he shall discharge the person; or
(b) is satisfied that the continued detention of the person is necessary for observation, care or treatment, he shall make an order in the prescribed form signed by him for the detention of the person for a further period not exceeding one month.
(5) Where a person is detained under paragraph (4)(b), the Medical Director of the psychiatric hospital shall, before the expiration of the order, cause to be made on the person such examination as he may consider necessary for determining whether or not the continued detention of the person is justified.
(6) The examination of the person under subsection (5) shall be done by two medical officers or registered medical practitioners, as the case may be, one of whom shall be a psychiatrist.
(7) Where upon the examination of the person under subsection
(6) the medical officers or registered medical practitioners, as the case may be—
(a) are not satisfied that the continued detention of the person is justified, they shall discharge the person; or
(b) are satisfied that the continued detention of the person is justified, they shall make an order in the prescribed form signed by them for the detention of the person for a further period not exceeding three months.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
