Discharge of involuntary patient by Medical Director
The Medical Director of a psychiatric hospital may at any time discharge an involuntary patient from the psychiatric hospital if he is satisfied that— (a) it is in the best interest of the patient to discharge him; and (b) the patient is not in need of further care or treatment in the psychiatric hospital.
Discharge of involuntary patient on application
(1) Subject to subsection (2), an involuntary patient or a relative of the patient may make an application in the prescribed form to the Medical Director requesting the patient’s discharge. (2) On receipt of an application made under subsection (1), the Medical Director shall examine the patient in respect of whom the application is made and shall record his findings in a report. (3) The Medical Director shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient— (a) is not mentally disordered; or (b) though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons. (4) A person aggrieved by the decision of the Medical Director under subsection (3) refusing to discharge him may appeal in writing to the Visitors within fourteen days from the date of receipt of such decision. (5) When an appeal is made under subsection (4), the Medical Director shall submit the report of his examination under subsection (2) to the Visitors. (6) On receipt of an appeal made under subsection (4), the Visitors shall personally examine the person in respect of whom the appeal is made and record their findings in a report. (7) The Visitors shall not discharge the patient unless they are satisfied, based on the examination under subsection (6) and the Medical Director’s report, that the patient— (a) is not mentally disordered; or (b) though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons. (8) A person aggrieved by the decision of the Visitors under subsection (7) may appeal in writing to the Director General within fourteen days from the date of receipt of the Visitor’s refusal to grant his discharge. (9) When an appeal is made under subsection (8), the Visitors shall submit the report of their examination under subsection (6) together with the report of the Medical Director to the Director General. (10) If, having regard to the patient’s current mental condition and upon considering the report of the Medical Director and that of the Visitors, the Director General is not satisfied that the continued detention of the patient is necessary, he shall order that the patient be discharged.
Leave of absence
(1) The Medical Director may, if he considers it to be in the best interest of the patient, allow an involuntary patient to be absent for a period of not more than one month, subject to such conditions as the Medical Director considers appropriate, from the psychiatric hospital into which he is admitted. (2) The Medical Director may extend the period of absence by further leave not exceeding one month in the absence of the patient. (3) If it appears to the Medical Director that it is necessary to do so in the interest of the patient’s health or safety or for the protection of other persons, or if the patient is in breach of any condition imposed under subsection (1), he may revoke the leave of absence allowed to an involuntary patient and require the patient to return to the psychiatric hospital.
Apprehension of involuntary patient
Where an involuntary patient is for the time being detained under this Act in a psychiatric hospital and he— (a) absents himself from the psychiatric hospital without leave granted under section 17; or (b) fails to return to the psychiatric hospital after the expiration of any period of leave of absence granted to him under section 17, or upon being recalled under that section, he may be taken into custody by any police officer or social welfare officer or any person authorized in writing by the Medical Director for the purpose of being returned to the psychiatric hospital.
Transfer of involuntary patient to another government psychiatric hospital or gazetted private psychiatric hospital
(1) The Director General or any person authorized by him may, by order, direct the transfer of an involuntary patient from a government psychiatric hospital or a gazetted private psychiatric hospital to another government psychiatric hospital or a gazetted private psychiatric hospital if— (a) the Director General or the authorized person is satisfied, on the facts available, that the transfer will be of benefit to the patient or is necessary for the patient’s care and treatment; and (b) in the case of a proposed transfer to a gazetted private psychiatric hospital, the Medical Director of the hospital to which it is proposed to transfer the involuntary patient agrees to the transfer. (2) Subject to paragraph (1)(b), the Medical Director of the government psychiatric hospital or the gazetted private psychiatric hospital, as the case may be, shall in all cases comply with the order of the Director General under subsection (1) but— (a) if the Medical Director is satisfied that it will be of benefit to an involuntary patient under his care to be transferred to another psychiatric hospital other than that mentioned in the order; and (b) arrangement for the transfer could be made or has been made with the Medical Director of the psychiatric hospital to which it is proposed to transfer the involuntary patient, the Medical Director shall communicate his views in writing to the Director General whose decision on the matter is final. (3) An order made under subsection (1) or (2) shall be sufficient authority for the reception and detention of the person to whom the order relates in the psychiatric hospital to which he is transferred.
Review of involuntary patient by Medical Director
It shall be the duty of the Medical Director of a psychiatric hospital to examine, or cause to be examined, at least once a week, involuntary patients detained in the psychiatric hospital under his charge to determine whether or not the continued detention of such persons is necessary.
Duty to notify Court of discharge of patient detained under subsection 55(1) or section 73
Where a patient received into a government psychiatric hospital or gazetted private psychiatric hospital by order of the Court under subsection 55(1) or section 73 is discharged from such hospital, the Medical Director shall as soon as practicable notify the Court of the fact of the person’s discharge in such form as may be prescribed.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).