The document summarizes and critiques key aspects of the Mental Health Care Bill 2013 in India. It discusses several provisions that are seen as problematic, impractical, or likely to hinder mental healthcare services. Concerns include definitions being overly broad and stigmatizing, procedures being too cumbersome, rights priorities hindering treatment, marginalization of psychiatrists and families, lack of consideration for cultural and resource realities, and lack of evidence for some prohibitions like on ECT for minors. In conclusion, it is argued that the bill imported Western ideas without regard to the local context, diluted the role of psychiatrists, created too many legal barriers to care, and made commitments that seem beyond the government's
The Mental Health Care Bill sets out provisions for the treatment of people with mental disorders, including how and when they can be involuntarily admitted for treatment. It aims to protect the rights of those with mental illness and ensure safeguards for their rights. The bill proposes to replace the existing Mental Health Act of 1987 and introduces changes such as decriminalizing attempted suicide, defining the rights of those with mental illness, and requiring medical insurance to cover mental health treatment. However, some experts have raised criticisms that certain provisions may introduce barriers to treatment or undermine the role of family members in care.
The document provides an overview and critical analysis of the Mental Health Care Bill (MHCB) 2013 in India. It summarizes the key aspects of the bill, including its chapters covering preliminaries, determination of mental illness, rights of persons with mental illness, admission and treatment procedures, and oversight authorities. The analysis notes both merits of the bill in modernizing terminology and focusing on patient rights, but also drawbacks like potential over-inclusion of mental illness definitions and traditional providers as mental health professionals. Overall, the document aims to concisely outline and assess the provisions and implications of India's major mental health law reform.
This document provides an overview of mental health laws and policies in India, including:
1. It summarizes the history of mental health acts in India from the 1858 Indian Lunatic Asylum Act to the present-day Mental Health Care Bill of 2013.
2. It describes the key aspects and chapters of the Indian Lunacy Act of 1912 and the Mental Health Act of 1987, including definitions, admission procedures, and establishment of psychiatric hospitals.
3. It outlines the proposed amendments in the Mental Health Care Bill of 2013, such as expanded definitions of mental illness, the introduction of advance directives and nominated representatives, and establishment of new governing bodies.
The document discusses India's history of mental health acts and the proposed Mental Health Care Bill of 2013. It provides context on the 1858 and 1912 acts and outlines key aspects of the 1987 Mental Health Act. The proposed 2013 bill aims to replace the 1987 act and improve on its shortcomings like outdated definitions and lack of human rights protections. The bill has 16 chapters covering areas like rights of those with mental illness, administrative bodies, and duties of the government. It introduces important definitions of mental illness and informed consent. While praised for promoting rights and access to care, critics argue implementation will be difficult and some provisions could increase stigma or hinder effective treatment.
The document provides an overview and summary of the Mental Health Care Bill 2013 in India. It begins with an introduction to the need for mental health legislation and the evolution of previous acts. It then summarizes some of the key chapters and sections of the new bill, including provisions for determining mental illness, advance directives, nominated representatives, rights of those with mental illness, admission and treatment procedures, and oversight bodies like the Central and State Mental Health Authorities. The bill aims to better protect the rights of those with mental illness and replace the older Mental Health Act of 1987.
The document summarizes the Mental Health Care Act of 2017 in India. Some key points:
- The Act was passed in 2017 to provide legal framework for mental healthcare and protect rights of those with mental illness.
- It outlines provisions for advance directives, nominated representatives, rights of those with mental illness, and establishment of central and state mental health authorities.
- The Act has 16 chapters covering definitions of key terms, determination of mental illness, consent procedures, admission/discharge processes, and offenses/penalties. It aims to improve community integration and access to high quality care for those suffering from mental illness.
The National Mental Healthcare Act-2017 and its implication to current psychiatric care practice in India.
A webinar on the topic at Parul University, Vadodara, Gujrat India
The Mental Health Care Bill sets out provisions for the treatment of people with mental disorders, including how and when they can be involuntarily admitted for treatment. It aims to protect the rights of those with mental illness and ensure safeguards for their rights. The bill proposes to replace the existing Mental Health Act of 1987 and introduces changes such as decriminalizing attempted suicide, defining the rights of those with mental illness, and requiring medical insurance to cover mental health treatment. However, some experts have raised criticisms that certain provisions may introduce barriers to treatment or undermine the role of family members in care.
The document provides an overview and critical analysis of the Mental Health Care Bill (MHCB) 2013 in India. It summarizes the key aspects of the bill, including its chapters covering preliminaries, determination of mental illness, rights of persons with mental illness, admission and treatment procedures, and oversight authorities. The analysis notes both merits of the bill in modernizing terminology and focusing on patient rights, but also drawbacks like potential over-inclusion of mental illness definitions and traditional providers as mental health professionals. Overall, the document aims to concisely outline and assess the provisions and implications of India's major mental health law reform.
This document provides an overview of mental health laws and policies in India, including:
1. It summarizes the history of mental health acts in India from the 1858 Indian Lunatic Asylum Act to the present-day Mental Health Care Bill of 2013.
2. It describes the key aspects and chapters of the Indian Lunacy Act of 1912 and the Mental Health Act of 1987, including definitions, admission procedures, and establishment of psychiatric hospitals.
3. It outlines the proposed amendments in the Mental Health Care Bill of 2013, such as expanded definitions of mental illness, the introduction of advance directives and nominated representatives, and establishment of new governing bodies.
The document discusses India's history of mental health acts and the proposed Mental Health Care Bill of 2013. It provides context on the 1858 and 1912 acts and outlines key aspects of the 1987 Mental Health Act. The proposed 2013 bill aims to replace the 1987 act and improve on its shortcomings like outdated definitions and lack of human rights protections. The bill has 16 chapters covering areas like rights of those with mental illness, administrative bodies, and duties of the government. It introduces important definitions of mental illness and informed consent. While praised for promoting rights and access to care, critics argue implementation will be difficult and some provisions could increase stigma or hinder effective treatment.
The document provides an overview and summary of the Mental Health Care Bill 2013 in India. It begins with an introduction to the need for mental health legislation and the evolution of previous acts. It then summarizes some of the key chapters and sections of the new bill, including provisions for determining mental illness, advance directives, nominated representatives, rights of those with mental illness, admission and treatment procedures, and oversight bodies like the Central and State Mental Health Authorities. The bill aims to better protect the rights of those with mental illness and replace the older Mental Health Act of 1987.
The document summarizes the Mental Health Care Act of 2017 in India. Some key points:
- The Act was passed in 2017 to provide legal framework for mental healthcare and protect rights of those with mental illness.
- It outlines provisions for advance directives, nominated representatives, rights of those with mental illness, and establishment of central and state mental health authorities.
- The Act has 16 chapters covering definitions of key terms, determination of mental illness, consent procedures, admission/discharge processes, and offenses/penalties. It aims to improve community integration and access to high quality care for those suffering from mental illness.
The National Mental Healthcare Act-2017 and its implication to current psychiatric care practice in India.
A webinar on the topic at Parul University, Vadodara, Gujrat India
The Mental Health Act 2007 simplified and broadened the definition of mental disorder. It abolished the previous four categories of mental disorder and replaced them with the single category of "mental disorder" defined as "any disorder or disability of mind." It also removed exceptions for immorality, promiscuity, and sexual deviancy, leaving only dependence on alcohol or drugs. The Act expanded the roles of approved mental health professionals and responsible clinicians to include professionals other than medical practitioners such as nurses, psychologists, occupational therapists, and social workers.
This document summarizes a presentation on mental health legislation in India. It provides background on the need for such legislation to protect the rights of those with mental illness. It then outlines the evolution of mental health laws in India from British rule through the Lunacy Act of 1912 and Mental Health Act of 1987 to the proposed Mental Health Care Bill of 2013. The presentation analyzes key aspects of the proposed bill, including its chapters covering rights of those with mental illness, duties of government authorities, oversight boards, admission and discharge procedures, and penalties for non-compliance.
The Mental Healthcare Act of 2017 aims to align existing Indian laws with international conventions on disability rights. It introduces reforms such as advance directives, parity with physical illnesses, regulating all mental healthcare facilities, and protecting patient liberties and rights. The Act is analyzed in relation to principles in the Indian Constitution such as socialism, justice, equality, liberty, dignity, and fraternity. It is found to uphold these principles by integrating mental healthcare into general healthcare, promoting non-discrimination and community living, and protecting the rights of those suffering from mental illness.
The document provides an overview of mental health laws and acts in India, beginning with the Lunatic Removal Act of 1851 and continuing through to the present-day Mental Healthcare Act of 2017. It discusses how early laws focused on custodial care and neglected human rights, leading to reforms with the Mental Health Act of 1987 and eventual passage of the Mental Healthcare Act of 2017. The 2017 Act aims to balance consumer rights with the need for treatment, recognize family/carer roles, and enable voluntary and involuntary treatment according to legal procedures. Key aspects covered include definitions of mental healthcare professionals, establishments, informed consent, and provisions for assessment, admission, and review related to involuntary treatment.
This document discusses the Mental Health Act of 1987 and the Mental Health Care Act of 2017 in India. It provides an overview of the objectives and chapters of each act. The Mental Health Act of 1987 established central and state mental health authorities to license and supervise psychiatric hospitals and nursing homes, and provide oversight of facilities. The Mental Health Care Act of 2017 defines mental illness and provides for the rights of those with mental illness, including advance directives and nominated representatives.
The Mental Healthcare Act 2017 aims to decriminalize suicide, empower persons with mental illness, and fulfill India's obligations under the UN Convention on Rights of Persons with Disabilities. It recognizes the autonomy of people with mental illness and aims to protect their rights. Key aspects include advancing community-based mental healthcare, restricting the use of ECT, outlining the roles of various authorities and oversight boards, and regulating admission, treatment and discharge processes to safeguard patient rights and dignity. The Act replaces the Mental Health Act of 1987 and contains expanded provisions to promote inclusion, non-discrimination, and delivery of equitable mental health services across India.
This document summarizes the Mental Health Care Act of South Africa, which aims to provide care, treatment and rehabilitation for mentally ill persons. It outlines the objectives of the act, advantages, definitions, rights of mental health care users, and principles of care. It describes procedures for voluntary, assisted and involuntary admission, as well as 72-hour assessments and appeals processes. Key points include integrating mental health into overall healthcare, treating patients nearer home, preventing premature discharges, and reducing stigma.
The document discusses legal issues in mental health nursing in India. It provides an overview of the Mental Health Act of 1987 and the Mental Health Care Bill of 2013, including their objectives, key features, and rights of mentally ill patients. It also explains the roles and legal responsibilities of nurses in admission and discharge procedures, including issues of consent, confidentiality, and record keeping. The legal responsibilities of mentally ill patients regarding civil and criminal matters are also outlined.
This document summarizes key aspects of the Mental Health Care Act of 2017 in India. It repealed the previous Mental Health Act of 1987. Some key points:
- It defines mental illness and excludes conditions like intellectual disabilities.
- It outlines the process for determining mental illness and ensures it is not based on social or cultural factors.
- It recognizes post-graduate Ayush practitioners as mental health professionals.
- It establishes rights for mentally ill people like community living, protections from abuse, access to information about treatment, and legal aid.
- It tasks appropriate government authorities to promote mental health programs, create awareness to reduce stigma, and establish central and state mental health authorities.
- It
The person are now seen as mentally ill persons who requires care and protection. The Act also takes care of mentally ill person who are wandering aimlessly.
The Mental Health Act of 1987 replaced the previous Indian Lunacy Act of 1912. Some key points of the Mental Health Act include:
- It established central and state mental health authorities to regulate and coordinate mental health services.
- It provided guidelines for establishing and licensing psychiatric hospitals and nursing homes.
- It outlined procedures for voluntary admission, involuntary admission via a reception order from a magistrate, and discharging patients.
- It addressed the inspection of facilities, leaves of absence, and transferring patients.
- It covered judicial inquiries regarding mentally ill individuals with property and appointing guardians to manage their affairs.
- It discussed who bears the cost of maintaining patients and protecting the human rights of mentally
This document provides an overview of mental health laws and acts in India, including:
1) It discusses the Indian Lunacy Act of 1912 and the Mental Health Act of 1987, which consolidated laws around the reception, detention, care of mentally ill persons and their property.
2) The Mental Health Care Bill of 2013 was introduced to replace the 1987 act and better protect the rights of those with mental illness based on the UN Convention on the Rights of Persons with Disabilities.
3) The bill aims to give everyone access to mental healthcare through government services, allow advance directives for treatment, and establish mental health authorities and a review commission.
The Mental Health Act of 1987 was drafted by the Indian parliament to replace the outdated Indian Lunacy Act of 1912 and consolidate laws around the treatment of mentally ill people. Some key objectives of the Act include establishing authorities to license and supervise psychiatric facilities, regulating admission and discharge procedures, safeguarding patient rights, and providing legal aid for indigent patients. The Act has 10 chapters covering topics like definitions, establishment of mental health authorities, admission and detention procedures, judicial procedures for managing property of patients, maintenance costs, protection of patient rights, and penalties for non-compliance.
Mental health laws international principles and conventions 2007Anselm Eldergill
This document provides guidance on developing mental health legislation that respects human rights. It discusses key international agreements like the UN Convention on the Rights of Persons with Disabilities and WHO guidelines. Involuntary admission should only occur in rare situations where a person poses a threat and alternative care has failed. Treatment must respect patient autonomy and use the least restrictive options. Physical restraint and seclusion are last resorts to prevent immediate harm. Legislation must balance care, rights, and public safety.
The Mental Healthcare Act of 2017 aims to improve India's mental healthcare system by recognizing the rights of those suffering from mental illness and increasing access to treatment. Some key points of the act include decriminalizing attempted suicide, ensuring dignity and confidentiality for patients, requiring insurance coverage for mental illness, and empowering individuals to choose their treatment or appoint a representative to make decisions. However, critics argue the act has limitations like insufficient oversight and an inadequate number of mental healthcare professionals to implement its goals effectively.
Independent review of the Mental Health Act summary of interim reportBrowne Jacobson LLP
In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists (link to report here: https://www.gov.uk/government/publications/independent-review-of-the-mental-health-act-interim-report)
In May 2017, Theresa May stated that, if elected, her government would replace the "flawed" Mental Health Act “in its entirety” with a new Mental Health Treatment Bill including:
• revised thresholds for detentions
• new Code of Practice
• more safeguards for those with mental health problems who have capacity so that "they can never be treated against their will".
The review is due to report in Autumn 2018 and on 1 May 2018 published its interim report identifying priorities for the review’s work giving a flavour of its initial thoughts.
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
The document discusses the history and provisions of mental health laws in India. It notes that the Indian Lunacy Act was passed in 1912 to regulate the admission and care of mentally ill individuals in asylums, as no comprehensive law previously existed. This act was replaced by the Mental Health Act of 1987, which introduced updated definitions and emphasized the human rights and dignity of mentally ill persons. The 1987 Act established authorities to regulate facilities, outlined licensing and admission procedures, involuntary commitment provisions, and guidelines for discharge and protection of rights.
European Standards on Confidentiality and Privacy in HealthcareSerge Dobridnjuk
The European Standards on Confidentiality and Privacy in Healthcare establish an ethical and legal framework for protecting patient privacy and confidentiality. While healthcare professionals have a duty of confidentiality, this duty is not absolute and must be balanced with other duties. The document provides guidance on legitimate uses of confidential patient information for purposes not directly related to a patient's care. Such uses are allowed if patients are informed, consent is obtained whenever possible, or strict criteria are met around proportionality, statutory obligations, and anonymization of information. Ethical standards may require greater protection of patient privacy and consent than legal minimums.
The Mental Health Act 2007 simplified and broadened the definition of mental disorder. It abolished the previous four categories of mental disorder and replaced them with the single category of "mental disorder" defined as "any disorder or disability of mind." It also removed exceptions for immorality, promiscuity, and sexual deviancy, leaving only dependence on alcohol or drugs. The Act expanded the roles of approved mental health professionals and responsible clinicians to include professionals other than medical practitioners such as nurses, psychologists, occupational therapists, and social workers.
This document summarizes a presentation on mental health legislation in India. It provides background on the need for such legislation to protect the rights of those with mental illness. It then outlines the evolution of mental health laws in India from British rule through the Lunacy Act of 1912 and Mental Health Act of 1987 to the proposed Mental Health Care Bill of 2013. The presentation analyzes key aspects of the proposed bill, including its chapters covering rights of those with mental illness, duties of government authorities, oversight boards, admission and discharge procedures, and penalties for non-compliance.
The Mental Healthcare Act of 2017 aims to align existing Indian laws with international conventions on disability rights. It introduces reforms such as advance directives, parity with physical illnesses, regulating all mental healthcare facilities, and protecting patient liberties and rights. The Act is analyzed in relation to principles in the Indian Constitution such as socialism, justice, equality, liberty, dignity, and fraternity. It is found to uphold these principles by integrating mental healthcare into general healthcare, promoting non-discrimination and community living, and protecting the rights of those suffering from mental illness.
The document provides an overview of mental health laws and acts in India, beginning with the Lunatic Removal Act of 1851 and continuing through to the present-day Mental Healthcare Act of 2017. It discusses how early laws focused on custodial care and neglected human rights, leading to reforms with the Mental Health Act of 1987 and eventual passage of the Mental Healthcare Act of 2017. The 2017 Act aims to balance consumer rights with the need for treatment, recognize family/carer roles, and enable voluntary and involuntary treatment according to legal procedures. Key aspects covered include definitions of mental healthcare professionals, establishments, informed consent, and provisions for assessment, admission, and review related to involuntary treatment.
This document discusses the Mental Health Act of 1987 and the Mental Health Care Act of 2017 in India. It provides an overview of the objectives and chapters of each act. The Mental Health Act of 1987 established central and state mental health authorities to license and supervise psychiatric hospitals and nursing homes, and provide oversight of facilities. The Mental Health Care Act of 2017 defines mental illness and provides for the rights of those with mental illness, including advance directives and nominated representatives.
The Mental Healthcare Act 2017 aims to decriminalize suicide, empower persons with mental illness, and fulfill India's obligations under the UN Convention on Rights of Persons with Disabilities. It recognizes the autonomy of people with mental illness and aims to protect their rights. Key aspects include advancing community-based mental healthcare, restricting the use of ECT, outlining the roles of various authorities and oversight boards, and regulating admission, treatment and discharge processes to safeguard patient rights and dignity. The Act replaces the Mental Health Act of 1987 and contains expanded provisions to promote inclusion, non-discrimination, and delivery of equitable mental health services across India.
This document summarizes the Mental Health Care Act of South Africa, which aims to provide care, treatment and rehabilitation for mentally ill persons. It outlines the objectives of the act, advantages, definitions, rights of mental health care users, and principles of care. It describes procedures for voluntary, assisted and involuntary admission, as well as 72-hour assessments and appeals processes. Key points include integrating mental health into overall healthcare, treating patients nearer home, preventing premature discharges, and reducing stigma.
The document discusses legal issues in mental health nursing in India. It provides an overview of the Mental Health Act of 1987 and the Mental Health Care Bill of 2013, including their objectives, key features, and rights of mentally ill patients. It also explains the roles and legal responsibilities of nurses in admission and discharge procedures, including issues of consent, confidentiality, and record keeping. The legal responsibilities of mentally ill patients regarding civil and criminal matters are also outlined.
This document summarizes key aspects of the Mental Health Care Act of 2017 in India. It repealed the previous Mental Health Act of 1987. Some key points:
- It defines mental illness and excludes conditions like intellectual disabilities.
- It outlines the process for determining mental illness and ensures it is not based on social or cultural factors.
- It recognizes post-graduate Ayush practitioners as mental health professionals.
- It establishes rights for mentally ill people like community living, protections from abuse, access to information about treatment, and legal aid.
- It tasks appropriate government authorities to promote mental health programs, create awareness to reduce stigma, and establish central and state mental health authorities.
- It
The person are now seen as mentally ill persons who requires care and protection. The Act also takes care of mentally ill person who are wandering aimlessly.
The Mental Health Act of 1987 replaced the previous Indian Lunacy Act of 1912. Some key points of the Mental Health Act include:
- It established central and state mental health authorities to regulate and coordinate mental health services.
- It provided guidelines for establishing and licensing psychiatric hospitals and nursing homes.
- It outlined procedures for voluntary admission, involuntary admission via a reception order from a magistrate, and discharging patients.
- It addressed the inspection of facilities, leaves of absence, and transferring patients.
- It covered judicial inquiries regarding mentally ill individuals with property and appointing guardians to manage their affairs.
- It discussed who bears the cost of maintaining patients and protecting the human rights of mentally
This document provides an overview of mental health laws and acts in India, including:
1) It discusses the Indian Lunacy Act of 1912 and the Mental Health Act of 1987, which consolidated laws around the reception, detention, care of mentally ill persons and their property.
2) The Mental Health Care Bill of 2013 was introduced to replace the 1987 act and better protect the rights of those with mental illness based on the UN Convention on the Rights of Persons with Disabilities.
3) The bill aims to give everyone access to mental healthcare through government services, allow advance directives for treatment, and establish mental health authorities and a review commission.
The Mental Health Act of 1987 was drafted by the Indian parliament to replace the outdated Indian Lunacy Act of 1912 and consolidate laws around the treatment of mentally ill people. Some key objectives of the Act include establishing authorities to license and supervise psychiatric facilities, regulating admission and discharge procedures, safeguarding patient rights, and providing legal aid for indigent patients. The Act has 10 chapters covering topics like definitions, establishment of mental health authorities, admission and detention procedures, judicial procedures for managing property of patients, maintenance costs, protection of patient rights, and penalties for non-compliance.
Mental health laws international principles and conventions 2007Anselm Eldergill
This document provides guidance on developing mental health legislation that respects human rights. It discusses key international agreements like the UN Convention on the Rights of Persons with Disabilities and WHO guidelines. Involuntary admission should only occur in rare situations where a person poses a threat and alternative care has failed. Treatment must respect patient autonomy and use the least restrictive options. Physical restraint and seclusion are last resorts to prevent immediate harm. Legislation must balance care, rights, and public safety.
The Mental Healthcare Act of 2017 aims to improve India's mental healthcare system by recognizing the rights of those suffering from mental illness and increasing access to treatment. Some key points of the act include decriminalizing attempted suicide, ensuring dignity and confidentiality for patients, requiring insurance coverage for mental illness, and empowering individuals to choose their treatment or appoint a representative to make decisions. However, critics argue the act has limitations like insufficient oversight and an inadequate number of mental healthcare professionals to implement its goals effectively.
Independent review of the Mental Health Act summary of interim reportBrowne Jacobson LLP
In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists (link to report here: https://www.gov.uk/government/publications/independent-review-of-the-mental-health-act-interim-report)
In May 2017, Theresa May stated that, if elected, her government would replace the "flawed" Mental Health Act “in its entirety” with a new Mental Health Treatment Bill including:
• revised thresholds for detentions
• new Code of Practice
• more safeguards for those with mental health problems who have capacity so that "they can never be treated against their will".
The review is due to report in Autumn 2018 and on 1 May 2018 published its interim report identifying priorities for the review’s work giving a flavour of its initial thoughts.
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
The document discusses the history and provisions of mental health laws in India. It notes that the Indian Lunacy Act was passed in 1912 to regulate the admission and care of mentally ill individuals in asylums, as no comprehensive law previously existed. This act was replaced by the Mental Health Act of 1987, which introduced updated definitions and emphasized the human rights and dignity of mentally ill persons. The 1987 Act established authorities to regulate facilities, outlined licensing and admission procedures, involuntary commitment provisions, and guidelines for discharge and protection of rights.
European Standards on Confidentiality and Privacy in HealthcareSerge Dobridnjuk
The European Standards on Confidentiality and Privacy in Healthcare establish an ethical and legal framework for protecting patient privacy and confidentiality. While healthcare professionals have a duty of confidentiality, this duty is not absolute and must be balanced with other duties. The document provides guidance on legitimate uses of confidential patient information for purposes not directly related to a patient's care. Such uses are allowed if patients are informed, consent is obtained whenever possible, or strict criteria are met around proportionality, statutory obligations, and anonymization of information. Ethical standards may require greater protection of patient privacy and consent than legal minimums.
This document outlines two bills of rights for healthcare patients - one for general psychiatric patients and one specifically for LGBT patients. The psychiatric patients' bill of rights establishes their right to courteous treatment, appropriate care tailored to their needs, being informed of their treatment team, privacy regarding their care and records, participation in treatment decisions, and freedom from restraints. The LGBT healthcare bill of rights emphasizes the right to nondiscriminatory treatment, to have one's gender identity and relationships respected, to choose visitors and healthcare proxies, and to privacy regarding their medical information and decisions.
This document outlines patients' rights related to medical treatment. It discusses the definition and ethical basis of patients' rights, and then focuses on specific rights in more detail. These include the right to access care, choice of care, participate in decision making, privacy and confidentiality, seek second opinions or referrals, and receive compassionate end-of-life care. The document also discusses the ethics behind providing healthcare, including principles of autonomy, beneficence, non-maleficence, and justice. Key treatment-related rights like consent, continued care, and submitting complaints are also defined.
This document outlines the seminars and practical activities for a medical ethics course. It discusses why these activities are included, what some of the specific activities are (such as seminar presentations, book reviews, public awareness campaigns, filmmaking, and simulations of ethics consultations), and how they will be assessed. Students will need to complete a minimum of 5 assessment marks worth of activities. The document provides guidance on choosing activities and reflects on the learning that can come from participating in these practical experiences.
The document discusses patients' rights in Saudi Arabia. It outlines the ethical basis for patients' rights and defines key rights such as the right to treatment, access to care, choice of care, participation in decision making, privacy and confidentiality, seeking second opinions, and end-of-life care. It discusses these rights in the context of Islamic guidance and Saudi law. Specific patient rights addressed include consent to treatment, privacy, safety, participation in research studies, complaints procedures, and additional considerations for special groups like children, the elderly, and those with psychiatric or special needs. The document emphasizes informing both patients and healthcare providers about patients' rights.
المنظور الاسلامي للصحة والمرض وأحكام التداوي بالمحرمات أعدقها وقدمها البروفيسور محمد الركبان وأعاد تقديمها د. غياث محمد عباس في 20-3-2017م لطلاب الطب بكلية الفارابي بالرياض
This document provides an overview of depression, including its definition, types, epidemiology, etiology, pathophysiology, clinical manifestations, diagnosis, investigations, and treatment. Depression is defined as a common mental disorder characterized by depressed mood, loss of interest, feelings of guilt, sleep disturbances, low energy, and poor concentration. Major types include major depressive disorder, bipolar disorder, dysthymic disorder, and situational depression. Depression affects over 350 million people globally and is a leading cause of disability. Causes may include genetic, environmental, biochemical and neurological factors. Treatment involves antidepressant medications like SSRIs, TCAs, and MAOIs as well as psychotherapy and other non-pharmacological approaches.
Depression is a common and treatable medical illness that affects physical, mental, and emotional well-being. It causes persistent feelings of sadness and loss of interest that interfere with daily functioning. Symptoms include changes in sleep, appetite, concentration, energy level, and thoughts of death or suicide. While the causes are unclear, depression may be related to genetic, environmental, physical, or biological factors like changes in brain chemistry. It is diagnosed based on symptoms lasting at least two weeks and is treated through psychotherapy, medication, or electroconvulsive therapy. Certain groups like women, older adults, and young adults are at higher risk.
The document discusses patient rights and consumer protection laws in India. It outlines the Patient's Bill of Rights adopted in 1998 to protect ethics in healthcare. The key rights include privacy, informed consent, and quality care without discrimination. It also describes the Consumer Protection Act of 1986, which established forums to address consumer grievances in defective goods and services. Under the Act, medical services are included, allowing for compensation in cases of medical negligence.
This document discusses symptoms, causes, and treatments for depression. It lists common symptoms like difficulty concentrating, fatigue, guilt, and changes in appetite or sleep. It describes warning signs of suicide for those with depression, such as talking about death, losing interests, and putting affairs in order. The brain regions affected by depression are also outlined. Depression can affect people of any age but is more common in teenagers and adults around age 40. Heredity and gender also influence depression risk, with women being more than twice as likely to experience depression as men. Common antidepressant medications work by increasing serotonin levels in the brain.
The document discusses depression, including its symptoms, types, causes, diagnosis, and treatment. It defines three main types of depression - clinical depression, minor depression, and bipolar disorder. It explains that depression is linked to imbalances in brain chemicals like serotonin and shrinkage in parts of the brain. Common treatments include SSRIs and therapy.
Depression affects over 18 million Americans each year and rates are increasing globally. Depression impacts thoughts, mood, and physical health. While it can be triggered by life events and medical conditions, people with clinical depression often cannot overcome it without treatment. Effective treatments include medication, therapy, and social support, as depression is linked to physical health issues and many suffer needlessly due to stigma or lack of access to care.
Major depression (MD) is an illness that affects mood, body, and thoughts. It impacts sleep, appetite, feelings of self-worth, and how one thinks. MD cannot be willed away and without treatment, symptoms can last for weeks, months or years. Treatment such as antidepressants and psychotherapy can help most people with MD. Physical and genetic factors along with life stressors can contribute to the development of MD.
Depression is a common and serious mental disorder characterized by depressed mood, loss of interest, feelings of guilt and low self-worth, and poor concentration. It is the leading cause of disability worldwide. Depression can be reliably diagnosed and treated, although currently less than 25% of those affected have access to effective treatments. Treatment options include antidepressant medications like SSRIs and psychotherapy.
Depression is a mental condition characterized by feelings of severe despondency and dejection. It can cause a lack of energy and difficulty maintaining interest in activities. Common symptoms include feelings of hopelessness, guilt, worthlessness, difficulty concentrating and sleeping, changes in appetite, and thoughts of death or suicide. Depression is one of the most common mental illnesses, affecting about 20% of the population at some point in their lives. It is linked to changes in brain chemistry and activity, especially in the frontal and temporal lobes of the left side of the brain.
This document summarizes several key Indian acts related to psychiatric disability and mental health:
1) The Mental Health Act of 1987 and the Mental Healthcare Act of 2017 both aim to regulate treatment of mentally ill persons and protect their rights, with the latter act expanding definitions and rights.
2) The Persons with Disabilities Act of 1995 and its subsequent amendments aim to prevent discrimination and promote opportunities for those with disabilities including mental illness. It defines terms and outlines government responsibilities.
3) The Rights of Persons with Disabilities Act of 2016 incorporates the UN Convention and further defines rights and entitlements regarding education, employment, social security, and more.
Legal & ethical issue in psychiatry by suresh aadi8888Suresh Aadi Sharma
This document discusses legal issues in psychiatric nursing. It begins with an overview of the relationship between psychiatry and the law, noting the tension between individual rights and social needs. It then discusses ethical considerations for psychiatric nurses, including sensitivity to patient rights and needs, issues of power, and avoiding paternalism. The document provides an overview of mental health law and shifting perspectives from a focus on patient rights to limiting rights of the mentally ill. It discusses sources of mental health laws and provides a history and overview of key Indian mental health acts - the Indian Lunacy Act of 1912, the Mental Health Act of 1987, and the draft National Mental Health Care Act of 2010. Key concepts around forensic psychiatry are also summarized.
This document summarizes the history and key aspects of mental health care legislation in India. It discusses the Indian Lunacy Act of 1912, which was replaced by the Mental Health Act of 1987. However, both acts were criticized for their custodial and rights-violating nature. The Mental Health Care Act of 2017 was passed to address these issues and protect the human rights of those with mental illness based on recommendations from the Indian Psychiatric Society and India's ratification of the UN Convention on the Rights of Persons with Disabilities. The 2017 act includes provisions on advance directives, nominated representatives, rights of those with mental illness, registration of mental health establishments, and mental health review boards.
Salient features of mental health care Act-draft 1 ,.pptxSnehamurali18
The document provides an overview of the Mental Healthcare Act of 2017 in India. Some key points:
- It defines mental illness and aims to protect the rights of those suffering from mental illness.
- It establishes a Central and State Mental Health Authority to regulate mental health institutions and practitioners.
- It sets up Mental Health Review Boards to safeguard the rights of those with mental illness and manage advance directives.
- Some rights established include right to confidentiality, free treatment if homeless or below poverty line, and making an advance directive stating treatment preferences.
- Suicide is decriminalized and restraints and electroconvulsive therapy are regulated. Implementation challenges include lack of funding and consideration of local
Emergency medicine, psychiatry and the lawSCGH ED CME
The document discusses laws related to emergency psychiatry and involuntary treatment orders. It covers the criteria needed for a referral, including that a medical practitioner or authorized mental health practitioner must reasonably suspect the person needs involuntary treatment or their community treatment order needs changing. It explains the forms and process used for referrals, including providing rights to family members and allowing referrals to be extended or revoked.
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29 May, 2018. An act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for maters connected therewith or incidental thereto
Mental health care act 201 Dr gghjjjjh7.pptxRobinBaghla
This document summarizes the Mental Health Care Act of 2017 in India. It provides background on mental health legislation in India, from the 1858 Indian Lunatic Asylum Act to the 1987 Mental Health Act. It describes the need for reform and an updated law to better protect the rights of those with mental illness. The key aspects of the Mental Health Care Act of 2017 are outlined, including its 16 chapters covering definitions of mental illness, advance directives, patient rights, review boards, and provisions for admission, treatment and discharge.
Salient features of mental health care Act-final.pptxSnehamurali18
The document provides an overview of the Mental Healthcare Act of 2017 in India. It discusses the need for the act, its various chapters and contents, and salient features. Some key points include defining mental illness and treatment decisions, provisions around advance directives, nominated representatives, rights of those with mental illness, and responsibilities of government authorities. It also notes merits like a more pro-consumer approach, but flags implementation challenges and need for further strengthening of rehabilitation aspects.
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Social care information packs
This is a series of short information sheets and matching slide sets about how social care staff can support people with learning disabilities to have better access to health services. They provide an introduction to each area and links to where further information and useful resources can be found.
The document discusses the Mental Health Act of 1987 in India. It provides definitions of key terms from the act like mentally ill person, psychiatrist, and reception order. It outlines the objectives and various chapters of the act. The chapters cover establishment of mental health authorities, psychiatric hospitals and nursing homes, procedures for admission and detention of mentally ill patients, discharge and leave of absence. It also discusses the penalties and procedures under the act. The Mental Healthcare Act of 2017 introduced revisions like decriminalizing attempted suicide and recognizing the agency of people with mental illness. It has 16 chapters covering rights of persons with mental illness, duties of government authorities, and establishments and boards for mental healthcare.
This guide is designed to help health and social care professionals understand and implement the law relating to advance decisions to refuse treatment (ADRT) contained in the Mental Capacity Act (2005).
This 2013 version replaces that published in September 2008 and covers:
How to make an advance decision to refuse treatment, who can make an advance decision, when a decision should be reviewed and how it can changed or withdrawn
What should be included
Rules applying to advance decisions to refuse life sustaining treatment and how they relate to other rules about decision-making
How to decide on the existence, validity and applicability of advance decisions and what healthcare professionals should do if an advance decision is not valid or applicable
The implications for healthcare professionals of advance care decisions, including situations where a healthcare professional has a conscientious objection to stopping or providing life-sustaining treatment
What happens if there is a disagreement about an advance decision.
Publication by the National End of Life Programme which became part of NHS Improving Quality in May 2013
This presentation is on Mental Health Act, Indian Lunacy Act and Rights of Patient. Mental Health Nursing one of core subject of B.Sc. Nursing Third Year.
BIBILIOGRAPHY
R SREEVANI “A Guide to Mental Health &
Psychiatric Nursing” 3rd Edition
Jaypee Medical Publisher Pp: 345 to 350
Shelia L Vedibeck “Psychiatric Mental Health
Nursing” 5th Edition Lippincott & Williams.
Mary C Townsend “Essential of Psychiatric health
nursing” 7th Edition F A Devis 2013.
ANTONY JAMES T (2000): “A decade with the
mental health act, Indian Journal
of Psychiatry, 42(4)
Kothari, Jaya “Moving towards autonomy &
equity an analysis of mental health care
bill 2013”
The National Council for Community Behavioral Healthcare submitted comments in response to interim final regulations for internal claims and appeals processes and external review. The National Council represents over 1,700 community mental health and addiction treatment providers. They urged the Departments to (1) increase transparency in health plan decision making, (2) reduce barriers to the appeals process, and (3) provide support to state regulators to ensure enforcement of consumer protections.
Mental Welfare Commission for Scotland InformationSPAEN
The document discusses the need for a review of how learning disabilities and autism are addressed in Scottish mental health law. It notes that while the 2003 Mental Health Act was seen as an improvement at the time, concerns have continued about including these conditions. The Millan Committee that originally recommended the 2003 Act also said the situation should be reviewed. This scoping consultation aims to identify the key issues and people who should be involved in a full review, as well as the best methods for conducting it. The review will consider removing learning disabilities and autism from the definition of "mental disorder" and all options are possible.
This document provides an overview and critical review of India's Mental Health Act of 1987. It discusses the history and objectives of mental health legislation in India. The positives of the 1987 Act include more humane terminology and provisions for patient rights and property management. However, it is still criticized for prioritizing legal over medical considerations and not removing the criminal element for involuntary patients. The 10 chapters of the Act are also analyzed, identifying inadequacies around definitions, oversight, and emphasis on hospitalization over community care. Improvements are suggested regarding admission criteria and independent review of involuntary treatment.
The concept of advance care planning outlined. The Assisted Decision Making (Capacity) Act 2015. Using Think Ahead as a tool to engage with advance care planning and with advance healthcare directives
the paradigm shift, salient features of the mental health care act 2017, the amendmends of MHCA 2017, The core principles, the comparison with other legislations, the applicability, criticisms are included
· 7.4 Assignment Comparing Between-subjects and Within-subjects R.docxgerardkortney
· 7.4 Assignment: Comparing Between-subjects and Within-subjects Research
Design or locate a published study that illustrates application of between and within subjects design. Explain the merits of each and the limitations of each (between and within). Indicate which you believe is more informative of the results.
· Demonstrate understanding of the task and be able to address requirements using creativity and application of research design knowledge.
· Must demonstrate ability to analyze existing research to compare strengths and limitations of between-subjects and within-subjects analysis.
1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
1. Compare and contrast health services organizations within the healthcare system.
1.1 Explain the primary organizational components of the healthcare system and the
commonalities and differences among health services organizations.
Reading Assignment
Chapter 2:
Why and How Health Care Organizations Need to Change, pp. 13-34
Chapter 11:
Leading Change: First Steps in Employing Strategic Intelligence to Get Results, pp. 259-310
Unit Lesson
The Ideal Health System
Imagine you are now the Secretary of Health and Human Services; you have a magic wand and you can
create the perfect healthcare system. What components would it have? Would it include:
1. improving health outcomes for individuals, families and communities,
2. defending your population against threats to their health,
3. protecting your population against financial the consequences of bad health,
4. providing access to all with equality and no disparity, and
5. making it possible for people to make decisions in their own plans of care as well as have input into
the decisions that affect your country’s overall health system?
If you answered yes to these components, your definition matches the World Health Organization’s
Components of a Healthcare System (2010).
How This Course & Content Have Real-Word Application
We are witness to history and are living in one of the most active times in our country’s history for healthcare
reform. In 1966, the Medicare Act was signed into law by President Johnson, the most significant piece of
healthcare legislation in our country to that point. Fast forward from 1966 to 2010 and the passing of the
Affordable Care Act, which arguably is the second most impactful piece of legislation on U.S. health care
since the Medicare Act.
Medicare has grown significantly since 1966 and is now about 14% of our national budget, covering 47 million
Americans (Kaiser Family Foundation, 2015). Government health plans (Medicare, Medicaid, Tri-Care,
Veteran’s Administration) are growing and are on pace to insure more lives in the near future than lives
covered by commercial plans (Cigna, United, Blue Cross, etc.)
Speaking of this growth, Sylvia Burwell, Health & Human Secretary Director, announced that by 2018 the
Centers for Medicar.
Similar to Mental health care bill kochi 2014 (20)
The document discusses mental health issues among transgender communities in India. It notes that transgender individuals frequently experience depression, deliberate self-harm, suicide attempts, substance abuse, anxiety disorders, and adjustment disorders due to stigma, discrimination, family rejection, lack of support, and pressures to beg or engage in sex work. Access to appropriate medical care including counseling, hormone therapy, and gender-affirming surgeries is also discussed. Close coordination between mental health and other medical services is important for optimal transgender healthcare.
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This document discusses emotional intelligence and the importance of developing self-awareness and control of one's emotions. It notes that emotional capacities like empathy, self-restraint and compassion can help address issues like students getting into fights and wasting time online. Developing emotional intelligence involves understanding one's own emotions, managing them effectively, motivating oneself and recognizing emotions in others. The document emphasizes balancing emotions and finding proportionate, tempered responses rather than being passion's slave or experiencing excess.
This document discusses several case reports of female-to-male transgenders in India and the challenges they face. It describes families' reluctance to accept their transgender children and the psychological distress it can cause. It also outlines medical transition options for female-to-male transgenders like testosterone therapy, mastectomy, and hysterectomy. Issues at various life stages and concerns about social and legal gender recognition are also summarized.
Alcohol use can negatively impact adherence to antiretroviral therapy for HIV/AIDS treatment and success of the treatment. Persistent alcohol use can lead to a chaotic lifestyle and issues like depression, antisocial personality disorder, and emotional circumstances, which are desirable to address before commencing therapy. Alcohol use also impairs liver function and should be avoided in individuals with Hepatitis C. A study found that 28% of a sample reported weekly intoxication from alcohol, which was associated with older age, marital status, sexual behaviors and tobacco use.
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This document summarizes key points from the book "Outliers" by Malcolm Gladwell. It discusses how factors like birth year and birthplace can impact success. For example, it was ideal to be born between 1954-1955 to participate in the computer revolution. Famous tech entrepreneurs like Bill Gates, Paul Allen, Steve Ballmer and Bill Joy were all born during this narrow window. The document also examines how extensive practice, like the 10,000 hours the Beatles spent performing in Hamburg, can lead to expertise.
This document discusses various concepts related to practical intelligence and mental flexibility. It covers topics like affirmative thinking, mental flexibility, anxiety and performance, meditation techniques, brain waves, trance states, biological clocks, dreams, and more. The overall message is that practical intelligence involves having an open and growth-oriented mindset, continually learning and challenging preconceived notions, and expressing one's individuality.
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This document discusses gaming addiction among adolescents. It describes a case study of a 9th grade student whose academic performance deteriorated as he became increasingly addicted to playing online video games for long periods each day. The document then provides information on the prevalence of gaming addiction, signs and symptoms, potential comorbidities, and challenges in treating gaming addiction. It notes gaming addiction is a growing problem worldwide especially among youth and requires more research and clinical understanding.
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Mental health care bill kochi 2014
1. The Mental Health Care Bill :
Dark Clouds !
Ajit Avasthi
Sudhir Mahajan
Department of Psychiatry
PGIMER, Chandigarh
2. Salient Features of Mental Health Care Bill
2013
Objectives:
1. To provide for mental health care and services for
persons with mental illness
2. To protect, promote and fulfill the rights of such
persons during delivery of these services
Much emphasis have been given on the rights of
persons with mental illness to the extent that it
hinders the service delivery to them
3. Chapter I: Definitions
New Names
“Person with mental illness” for “mentally ill” –
less stigmatizing, separating the person from the
illness
It defines mental illness which also includes mental
This will sort out the prevailing confusion about
conditions associated with the abuse of alcohol and
character of services catering to these conditions
drugs
The definition of mental illness is over-inclusive –
will hurt a large no. of victims of even minor mental
illnesses- Stigmatize
4. Chapter I: Definitions
Mental health establishment
General hospital psychiatric units run by Govt. or
private sector will also come under the Act
This will increase the stigma associated with
psychiatry
• Kill general hospital psychiatry!!
• Corporate sector will not provide care!!
To establish a psychiatric unit in general hospital
one has to go through the cumbersome procedure
Rehabilitation facilities will also come under its
purview
• So anyone who wants to start a rehabilitation
facility will have to go through the same
cumbersome procedure
• Will eventually hinder delivery of these services
5. Chapter II: Capacity to make mental
health care & treatment decisions
Mental health professional includes professional
with MD (Ayurveda) in “Mano Vigyan Avum Manas
Roga” or MD (Homeopathy) in psychiatry
So And these mental specialists illness are to be expected determined to follow in accordance
allopathic
with latest edition of ICD
system of classification!!
So who will issue the fitness certificate: Psychiatrist
Decision of whether a person is of unsound mind to
be taken by “competent” or Court??
court & not psychiatrist
People with mental illness have been granted legal
capacity to take decisions about their health care
and treatment
• No other law in the country dealing with
disability - mental or other – grants such a right
• What if patient refuses treatment but is likely to
improve with treatment?? What about the rights
of caregivers who might have to suffer because of
person’s illness??
6. Chapter II: Capacity to make mental
health care & treatment decisions
Recommendation of Rajya Sabha Standing Committee:
Clause 4 (1): Capacity to make mental health care &
treatment decisions
There shall be a presumption in favour of persons
with mental illness
Every person, including a person with mental
illness shall be deemed to have capacity to make
decisions regarding his mental health care or
treatment unless proved otherwise
• Ministry has accepted this suggestion saying that
it upholds the constitutional norm of equality &
accordingly suggested the change in Section 4 (1)
7. Chapter III: Advance Directive
Advance directive to be signed by medical
practitioner and not necessarily a psychiatrist
That means a medical practitioner will assess the
capacity to make advance directive!!!
It might contain refusal of all future medical
What to do, in such a case??....not mentioned !!!
treatment for mental illness
One can change previously written advance
directive as many no. of times as one wants & every
time Board have to certify the validity of it after
hearing – increases the work load - enough
manpower??
Maintenance of online register of all advance
Is online register valid?? What if hacked??
directives
8. Chapter III: Advance Directive
Power Rajya to Sabha review, Standing alter, modify Committee: or cancel makes advance
it
directive They will first have to write to Board & wait till the
mandatory by mental to write health to the professional, Board if one relative desires
or
care-giver
decision. How long??
not to follow it
For minor, legal guardian shall have the right to
Contravenes rights of minors!!
make advance directive
It has been said that the provision of an advance
directive will give people more control over their
treatment and give them an opportunity to exercise
choices even when they are incapacitated by mental
health problems
But what is the evidence??
9. Chapter III: Advance Directive
Evidence base for Advance Directive
Impact on Psychiatric Service delivery
• Some researchers have reviewed the practical
issues of advance directives in mental health
settings & pointed that advance directives have not
worked as intended even in the West; also states it
to have no scientific evidence to back it
• Advance directives are seen by both the service
providers and the carers as yet another wedge
being pushed between family and the patients in
the name of transplanting individual rights as
understood It is undesirable in the to West
have too many controls on the
(Sarin, 2012; Sarin et al, 2012)
• The great professional premium functioning put on individual • Cochrane Review: concluded of psychiatrists
autonomy in
“Currently, it is not
the Western societies is at wide variance with the
possible to recommend advance treatment
concept of familial interdependence in our country,
directives for people with severe mental illness due
where collective goals and rights of family are
to the lack of supporting data”
culturally considered at par with individual rights
(Campbell et al, 2009)
(Kala, 2013)
10. Chapter IV: Nominated Representative
Appointment of Nominated Representative by
Director, Dept. of Social Welfare in case no person
Are they willing to undertake this task??
is available
The representative of the organization working for
• persons Too What many with authority duties mental for the illness, Board!
may temporarily be
mental health professional has
• engaged Will Board by have the the mental capacity health professional to
over NGO?
to deal with so many
discharge demands?
the duties of a nominated representative
• pending Board is appointment replacing professional of a nominated – Psychiatrist!
representative
by the concerned Board
• What if nominated representative does not
discharge his duties??
• Nominated representative not a family member:
will have access to family or home based
rehabilitation services– conflict with family!
Too many responsibilities put on nominated
representative
11. Chapter V: Rights of persons with mental
illness
Provisions:
Right to access mental health care
• All these are good provisions & if implemented
may led to betterment of services
• Many provisions sound like poverty alleviation
program!
• But how much implementable these are, given
the resources we have??
Right to community living
Right to protection from cruel, inhuman and
degrading treatment
Right to equality and nondiscrimination
Right to information
Right to confidentiality
It does not seem to be in accordance with the
policy measure of District Mental Health Program
which plans to cover all the districts in a graded
fashion and this bill is an ambitious blue print of
a network of mental health services free of cost to
those who cannot afford it (Kala, 2013)
Restriction on release of information in respect of
mental illness
Right to legal aid
12. Chapter V: Rights of persons with mental
illness
Provisions:
Right to confidentiality:
There are few exceptions to this right – some
modifications recommended by Rajya Sabha
Standing Committee pointing that the clause (23:2)
is very vague, leaves scope for ambiguity &
confusion
Right to access medical records: controversial
Rajya Sabha Standing Committee recommends
that there is a scope of misuse of medical records
which may be relooked & suitably addressed
before finalizing the Bill
Right to personal contacts and communication:
Responsibility of Psychiatrists, but how to block e-mails?
13. Chapter V: Rights of persons with mental
illness
Provisions:
Right to legal aid:
Clause 27 (2) imposes duty only on the medical
officer or psychiatrist in charge of a mental
health establishment to inform the person with
mental illness that he is entitled to free legal
services
Rajya Sabha Standing Committee: Recommends
that it shall be the duty of the magistrate, the police
officer, person in charge of a custodial institution in
addition to doctors
Good Provision: Due to the ignorance, people with
mental illness are not deprived of legal remedies
and rights guaranteed to them through various
provisions of the Bill
14. Chapter VI: Duties of appropriate
Government
Provisions:
Promotion of mental health and preventive
programmes
Creating awareness about mental health and illness
and reducing stigma associated with mental illness
Appropriate Government to take measures as
regard to human resource development and
training, etc
Co-ordination within appropriate Government
Good provisions
But how much implementable?
15. Chapter VII & VIII: Central and State
Mental Health Authority
Psychiatrists should have adequate representation
in these bodies.
Because they are the only group, among
professionals Psychiatrists in marginalized this field, who by other by their stake-training holders.
and
experience, have the required expertise in
managing mental health establishments
It would be better to have a person with judicial
background as chairman of State Mental Health
Authority, rather than having the Health Secretary
of the state Government – can take up the
important task of protecting human rights of
inmates of all Mental Health Establishments
(Antony, 2014)
Bureaucrats rule the roost!!
16. Chapter IX: Finance, Accounts and Audit
Grants by Central Government to Central Mental
Health Authority – Central Mental Health Authority
Fund
• The But the bill bill has has been not written indicated in anywhere, the fashion about of the
an
“manner announcement” in which by the the Government government would & not mobilize
like an
the “Act”
huge resources that would be needed to render
• If care the for objective such a large is just no. to of improve mentally the ill persons
plight of the
• Strangely, mentally ill, in it could the Financial be achieved Memorandum, more effectively it by
is
stated having that a well “there thought is no of easy “National way to Mental estimating Health
the
Program” full financial with burden the required likely to budgetary be incurred”
support
• If It also the Govt. reminds of India that “Health creates is a a funding “State Subject” agency for
as
per mental the health Constitution care in – the thereby whole implying country, that in the
entire form of responsibility University Grants for implementation Commission, State of various
Govt.
commitments could build all in kinds the bill of institutions would be on and State services Govt. for
&
the not welfare Central of Govt. mentally ill (Antony, 2014)
Grants by State Government to State Mental Health
Authority- State Mental Health Authority Fund
It’s a good provision that the bill proposes to
constitute two separate funds for delivery of
committed services
17. Chapter X: Mental Health Establishments
Procedure for establishing and maintaining Mental
Health Establishments is cumbersome - might
hinder service delivery
All other kinds of institution, like GHPUs, or even
designated areas in a mental hospital where a
patient has a constant presence and support of a
relative or friend, need not be treated as a “mental
health establishment” for the purpose of the Law
Rajya Sabha Standing Committee
As per Clause 65 (4), Central Authority is
empowered to make regulations for regulating
mental health establishment
Recommended that the State Authorities will
be in best position to understand the
requirements & practical difficulties in their
own state & regulations made by them will be
more suited to administration
18. Chapter XI: Mental Health Review
Commission
Rajya Sabha Standing Committee
For its implementation, “District Mental Health
Review Boards” for each revenue district are made
Recommended that the Mental Health Review
Board proposed under Clause 81 (C) should be a
Psychiatrist & not “any other mental health
professional” as being a specialist Psychiatrist is
better equipped to protect the interests of
patient
“District Review Boards” are vested with powers to
regulate the professional conduct of psychiatrist
And the Board consists of only one psychiatrist!!
Further as per section 86, all proceedings before
the “Commission” and the “Board” shall be deemed
as judicial proceedings, as laid down in IPC
There is a serious danger that the functioning of
district boards would go against the federal nature
of governance in the country
19. Chapter XI: Mental Health Review
Commission
As “Mental Health” is a “state subject”, how could
district boards which are created by the Centre &
controlled directly by a central body, be legally
acceptable?? (Antony, 2014)
And how could these “Boards” control mental
health professionals, over the heads of the
administrative machinery, Medical Councils and
even the Judicial System, of concerned states??
In Section 90, it is laid down that the Commission
will appoint an expert committee, who would
prepare “guidance document” to tell psychiatrist
regarding assessment and treatment decisions!!
• All required skills and wisdom are to be
“prescribed” by “guidance” documents issued by
the Commission!!
20. Chapter XII: Admission, Treatment and
Discharge
As per the bill, patient can challenge the
involuntary admission (supported admission)
A panel of Mental Health Review Commission will
then take a call and patient may be allowed to go
home
• Similarly, In our country expertise families of bear Psychiatrist the total in burden making
of
decisions mental illness, about and involuntary constitute by admission far the largest
have
manpower been challenged
resource in treating mental illness
• But Psychiatrists instead and of using patients them, have they also been have put been
on
the marginalized
opposite side of legal fence
21. Chapter XII: Admission, Treatment and
Discharge
Prohibited procedures
Unmodified ECT
• Beneficial and safe procedure especially if there are
Recommendation of Rajya Sabha Standing Committee:
The Committee is of the opinion that Clause
104 prohibiting certain treatments, such as
unmodified ECT and sterilization and restrain on
chaining are highly desirable pro human right
provisions
• Reservations on ECT for minors: The committee
suggests the provision of prohibiting the use of ECT
on minors below a certain age based on the concept
of maturity of minors - However no such cut off
for age suggested!!
no facilities for anesthesia
ECT for minors
• The bill stipulates that ECT to minors will be given
only after permission from the Review Commission
on a case-to-case basis
• ECT cannot be given in emergency: what to do with
youngsters having catatonic features - run around
for permissions!!!
• Where is evidence that ECT has more side effects in
minors than in older adults? Why such a
prohibition?
22. Conclusions
The bill has imported ideas from the West without
due consideration of the ‘cultural & ground
realities’ of our country
Rather than using family as an important resource
they have been marginalized
Role & position of Psychiatrists diluted
Too much legal hassles for delivery of mental health
care. Too cumbersome procedures
Future of GHPU’s at stake- will stigmatize
psychiatry more
Commitment made in the bill for provision of
various mental health services seems non-implementable
for the Government
there are many concerns related to the constitution, eligibility, roles and functions including powers etc. These need detailed discussions. The role of such agency should be facilitatory to health care providers