Mental health act

act 1987 and mental health care bill

1. Mental Health Act Presented By: Rahul Singh Gusain Msc (n) I st year

2. Introduction Indian mental health act (MHA) was drafted by the parliament in 1987, but it came into effect in all the states and union territories of I ndia in A pril 1993. T his act replaces the Indian lunacy Act of 1912.

3. Need To change the attitude of the society towards the mentally ill & considerably realized that no stigma should be attached to such illness. Every mentally ill individual has the right to be treated like others sick people. To modify the act according to the rapid advancement of medical science and the understanding.

4. Objectives of the Mental Health Act To regulate the power of the government for establishing, licensing and controlling psychiatric hospital / nursing homes. To provide legal aid mentally ill persons at state expense in certain cases. To protect citizens from being detained in psychiatric hospital / nursing homes without sufficient cases Central and state authorities for mental health services. To regulate maintenance charges of psychiatric hospitals/nursing homes

5. Act The act is divided into 10 chapters consisting of 98 sections.

6. Chapter I Preliminary information It contains definition included :- Psychiatric hospital/nursing homes :- A hospital/ nursing home established or maintained by the government or any other person for the case of mentally ill persons. Mentally ill person :- A person who is in need of treatment by reason of any mental disorder other than mental retardation.

7. Contd.. Psychiatrist –a medical practitioner possessing postgraduate degree or diploma in psychiatry recognized by the MCI (medical council of India) Reception order :- An order made under the provision of this Act for the admission and detention of mentally ill person in a psychiatric hospital / nursing home.

8. Outdated definition are changed based on current knowledge Old term New term Lunatic mentally ill person Lunatic asylum psychiatric hospital Criminal lunatic mentally ill prisoner

9. Chapter II It deals with establishment of central & state authorities for regulation and co- ordination of mental health services.

10. Chapter III It provides guidelines for establishment and maintenance of psychiatric hospital/nursing home.

11. Chapter IV It deals with the procedure for admission and detention in psychiatric Hospital/nursing homes.

12. Types of admission

13. Admission on voluntary basis

14. Admission under special circumstances (Involuntary)

15. Admission under authority or order

16. Contd..

17. Reception order on application

18. Reception order on production of a mentally ill person before a magistrate

19. Reception order after Inquest

20. Admission under R eception order

21. Contd..

22. Chapter V Discharge procedure to be followed for a mental hospital under different circumstances

23. Discharge of a patient admitted on voluntary basis Medical officer in-charge of psychiatric hospital /nursing home on recommendation from two medical practitioner preferably a psychiatrist, can issue directions for discharge of the patient.

24. Discharge of patient admitted under special circumstances Relative or a friend may be make an application to the medical officer for care and custody of the patient. Relative are required to furnish a bond with or without sureties , along with an undertaking that the mentally ill person shall be prevented from causing injury to self or others

25. Discharge of a patient admitted on reception order

26. Discharge of a patient admitted by police If police detain the mentally ill individual in hospital , he may be discharged after the family members agree in writing to take proper care that he is fit to be discharged .

27. Discharge of a mentally ill Prisoner Hospital authorities have to report every 6 months about the persons state of mind to the authority , which had ordered detention As soon the client is fit to stand in trial , they have to inform about the same to the authority concerned . Person then hand over to the prison officer for further legal action.

28. Leave of absence (section 45) It means patient is given time limit permission to visit family members. On application by a relative or others to the medical officer-in-charge And a bond duly signed stating that the patient will be taken proper care of and prevented from injuring self or others (for a period of maximum 6 days)

29. Chapter VI Consist of legal customary actions towards the property possess by mentally ill persons. Under sections 54(1) a guardian may be appointed by court of law on behalf of an alleged mentally ill person incapabl e of looking after self and property.

30. Contd.. Under section 97 of the act when a mentally ill person is not represented by a legal practitioner in any proceeding before a district court or magistrate and such a patient does not have sufficient means to engage a legal practitioner then the district court.

31. Chapter VII Deals with ways and means to meet the lost of maintenance of mentally ill persons detained in psychiatric hospital. Under section 78 when a mentally ill patient is detained as an inpatient and does not have property to bear the cost of treatment , in such cases this expenses shall be borne by the government of the state.

32. Chapter VIII Contains the novel and explicit provision for protection of human right of mentally ill patients Section 81 provides that: No letter or communication sent by or to a mentally ill person shall be interpreted detained or destroyed. No mentally ill person shall be subjected during treatment to any indignity (physically or mental ) or cruelty

33. Contd.. 3. No mentally ill person under treatment shall be used for purpose of research unless:- Such research is of direct benefit to him A consent has been obtained in writing from the person (in voluntary admission) or from the guardian/ relative (if admission was involuntary)

34. Chapter IX Deals with procedure to be followed for the establishment and maintenance of psychiatric hospital and penalties which can be relatively severe and explicit for containing them. Article 6(1)of the mental health Act prohibit the running of a home without license. Article 11(1b) says the licensing authority can revoke the license if the maintenance of the manner detrimental to the moral, mental or physical well being of the in patients.

35. Chapter X It deals with clarification pertaining to certain procedures to be followed the medical officer –in-charge of the psychiatric hospital / nursing home.

36. Mental health care bill 2013 Mental health care bill ,2013 was introduced in the Rajya sabha on August 19,2013. the bill abolished the mental health Act, 1987 It have 16 chapters

37. Chapters Chapter 1- preliminary information on definition, short titles , extent and commencement Chapter 2- mental illness and capacity to make mental health care and treatment decision Chapter 3-advance directive Chapter 4- nominative representative Chapter 5- right of persons with mental illness Chapter 6- duties of appropriate government Chapter 7- central mental health authority

38. Contd.. Chapter 8- state mental health authority Chapter 9-finance , accounts and audit Chapter 10- mental health establishments Chapter 11- mental health review commission chapter 12-admission, treatment and discharge Chapter 13- responsible of other agencies Chapter 14 –restriction to discharge functional by professional not covered by profession Chapter 15- offences and penalties Chapter 16-iscellaneous

39. Nurses implication for protecting Patients Rights Nurse should guide the patients relative to their rights and protect the patient from any mistreatment. Nurse should be aware of these rights in the first place. Nursing care plan should include rights of the patient and it should be discussed by the mental health team.

40. Summary

41. C onclusion The I ndian mental health Act (MHA) was drafted by the parliament to change the attitude of the society towards the mentally ill. In the advancement of medical science it has become necessary to make fresh legislation in accordance with the new approach.

42. Bibliography R . S reevani A guide to mental health & psychiatric nursing Jaypee 342-348 www.prindia.org>media.meantal health www.livemint.com.meatal health act www.mohfw.gov.in>default>files>mentalhealth act www.patient engage .com

43. Thank you