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Mental Health Act 2001 Part V — ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME

s 26–s 31 · 6 sections

Psychiatric nursing home

s 26

A psychiatric nursing home is a home for the accommodation and provision of nursing and rehabilitative care for persons suffering or convalescing from mental disorders.

Appointment of government psychiatric nursing home

s 27

The Minister may, by notification in the Gazette, appoint the whole or any part of any premises to be a government psychiatric nursing home.

Appointment of gazetted private psychiatric nursing home

s 28

The Minister may, by notification in the Gazette, appoint the whole or any part of any premises to be a gazetted private psychiatric nursing home.

Person in charge of government psychiatric nursing home

s 29

(1) The Minister shall appoint in respect of every government psychiatric nursing home— (a) a medical officer, preferably with qualification or training and experience in psychiatry; or (b) a government staff nurse with qualification, training and experience in psychiatry, to be the person in charge of the government psychiatric nursing home. (2) The qualification, training and experience referred to in subsection (1) must be qualification, training and experience recognized by the Minister on the advice of the Director General.

Duty of licensee and person in charge of private psychiatric nursing home

s 30

The licensees and persons in charge of private psychiatric nursing homes, including gazetted private psychiatric nursing homes, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998 relating to private psychiatric nursing homes, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.

Admission of patient into government, private and gazetted private psychiatric nursing home

s 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. (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.

Back to Mental Health Act 2001 — full text

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).

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