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GUJARAT INSTITUTE OF MENTAL HEALTH
DEPARTMENT OF PSYCHIATRIC (MENTAL HEALTH NURSING)
HOSPITAL FOR MENTAL HEALTH, DELHI DARWAJA,
SHAHIBAUG-380004 ,GUJARAT
MENTAL HEALTH ACT
PREARED BY:
MR.JRENISAN CHRISTIAN
M.SC NURSING
GUJARAT INSTITUTE OF MENTAL HEALTH
DEPARTMENT OF PSYCHIATRIC NURSING
4/6/2022 1
INTRODUCTION
 Mental health legislation is essential for protecting the rights and dignity of persons with mental
disorders, and for developing accessible and effective mental health services.
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 India in April 1993. This act replaces the
Indian lunacy Act of 1912.
DEFINITION OFTHEACT
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 matters
connected therewith or incidental thereto”
HISTORY
NEED
OBJECTIVES OF THE ACT
ACT
The act is divided into 10 chapters consisting of 98 sections.
CHAPTER I – PRELIMINARY
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.
CHAPTER-I : CONT…
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
NEW TERM PREVIOUSLY
USED TERMS:
Psychiatric hospital/
Nursing Home
Asylum
Mentally ill person Lunatic
Mentally Ill Prisoner Criminal
Lunatic
CHAPTER II - MENTAL HEALTH AUTHORITIES
Deals with the procedures for establishment of mental health authorities at central and state levels
CHAPTER III - PSYCHIATRIC HOSPITALSAND PSYCHIATRIC
NURSING HOMES
It lays down the guidelines for
• Establishment and maintenance of psychiatric hospitals and nursing homes
• Provision for licensing authorities to process applications for license
1. The Central Government may established or maintain psychiatric hospitals or psychiatric nursing homes
for
2. Separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for
CHAPTER IV : ADMISSION AND DETENTION IN PSYCHIATRIC
HOSPITAL
ADMISSION ON
VOLUNTARY
ADMISSION
UNDER
AUTHORITY
Reception on
application sec
20
Reception on
production
before
magistrate
Reception after
se-26
ADMISSION UNDER SPECIAL
CIRCUMSTANCE SEC 19:
Admission and
detection of mentally
ill
Admission on voluntarybasis
Requestby a major/ guardian of the minor for admission to medical
officer
Medical officer makes enquires within 24hrs
If the medical officer is satisfied for
admission Voluntary admission is made
Admission under special circumstances(Involuntary)
Patient is unwilling or unable to make a request for admission , a
relative /friend makes an application to the medical officer on
behalf of the patient
Medical officer makes enquires within 24hours
If the medical officer is satisfied for
admission
Involuntary admission is
made
Admission under authority ororder
Mentally ill person can be admitted to
psychiatric nursing hospital by court of law or
an approved authority .
The authority can pass an order for reception
and detention mainly under four different
categories.
Contd.
.
Reception order onapplication
Only a relative not other
than husband ,wife
,guardian or a friend can
make out an application
for admission of client
Two
official
certificate
needed
Being a minor or one
has not seen the
mentally ill patient in
the last 14 days can
make such application
With the application a
medical officer can
extend inpatient
treatment to more than
6 month
Reception order on production of a mentally ill person before a
magistrate
Reception order afterInquest
Inquest of
mentally
ill patient
by district
court
In the
interest of
such
person
district
court
directs for
admission
Admissio
n is
made
CHAPTER V - INSPECTION, DISCHARGE, LEAVE OFABSENCE AND
REMOVAL OF MENTALLY ILL PERSONS
 Discharge by medical officer
 Discharge on application
 Discharge on request
 Discharge of person subsequently found on inquisition to be of sound mind
LEAVE OFABSENCE
An application for leave of absence may be made to the medical officer-incharge:-
 By the husband or wife of the mentally ill
 Relative of the mentally ill person duly authorized by the husband or wife or
 By the person on whose application the mentally ill person was admitted
 The medical officers-incharge may grant leave of absence for such period as deemed necessary
 The total number of days shall not exceed sixty days
ChapterVI
Judicial Inquisition RegardingAlleged Mentally Ill Persons Possessing Property, Custody of His
Person & Management of his Property
• 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 incapable of looking after self and property.
ChapterVII
Liability To Meet Cost of Maintenance of Mentally Ill Persons Detained in Psychiatric Hospital
Or Nursing Home
• 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.
CHAPTER VIII
PROTECTION OF HUMAN RIGHTS OF MENTALLY III PERSONS
No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or
cruelty
No letters or other communications sent by or to a mentally illpersons under treatment shall be intercepted,
detained or destroyed
No mentally ill person under treatment shall be used for purposes of research, unless
CHAPTER IX
PENALTIES & PROCEDURE
• Penalty in contravention of Chapter III
 Any person who establishes or maintains a psychiatric hospital or nursing home in contravention of the
Chapter III shall be punishable with :
o imprisonment for a term which may extend to three months, or
o with fine which may extend to two hundred rupees, or
o with both
Penalty for improper reception of mentally ill person
 Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or nursing
home otherwise than in accordance with the provision of this Act, shall be punishable with
o imprisonment for a term which may extend to two years or
o with fine which may extend to one thousand rupees, or
o with both.
CHAPTER X
MISCELLANEOUS
It Deals With Clarification Pertaining To Certain Procedures To Be Followed The Medical
Officer –In-charge Of The Psychiatric Hospital / Nursing Home.
Matters WhichAreNot CoveredIn Above Chapters
MENTAL HEALTH CARE ACT-2017
MENTAL HEALTH CARE ACT 2017
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force
from 29 May 2018.The act effectively decriminalized attempted suicide which was
punishable under Section 309 of the Indian Penal Code.
 An Act to provide for mental health care and services for persons with mental illness
 To protect, promote and fulfil the rights of such persons during delivery of mental health care and
services
 Convention on Rights of Persons with Disabilities : 13th December, 2006 at United Nations Headquarters
 16 chapters / 126 sections
REVISIONS MADE FROM THE MENTAL HEALTH ACT 1987
The Mental Healthcare Act 2017 aims at decriminalising the Attempt to Commit Suicide by
seeking to ensure that the individuals who have attempted suicide are offered opportunities for
rehabilitation from the government as opposed to being tried or punished for the attempt.
The 2017 Act recognises the agency of people with mental illness, allowing them to make
decisions regarding their health, given that they have the appropriate knowledge to do so.
The Act has restricted the usage of Electroconvulsive therapy (ECT) to be used only in cases of emergency,
and along with muscle relaxants and anaesthesia. Further, ECT has additionally been prohibited to be used
as viable therapy for minors.
The responsibilities of other agencies such as the police with respect to people with mental illness has been
outlined in the 2017 Act.
CHAPTERS
CHAPTER CONTENT
CHAPTER I Preliminary
CHAPTER II Mental illness and capacity to
make mental healthcare and
treatment decisions
CHAPTER III Advance directive
CHAPTER IV Nominated representative
CHAPTER V Rights of persons with mental illness
CHAPTER VI Duties of appropriate government
CHAPTER VII Central mental health authority
CHAPTER VIII State mental health authority
CHAPTER IX Finance, accounts and audit
CHAPTERS
CHAPTER CONTENT
CHAPTER X Mental health establishments
CHAPTER XI Mental health review boards
CHAPTER XII Admission, treatment and discharge
CHAPTER XIII Responsibilities of other agencies
CHAPTER XIV Restriction to discharge functions
by professionals not covered by
profession.
CHAPTER XV Offences and penalties
CHAPTER XVI Miscellaneous
SUMMARY
MULTIPLE CHOICE QUESTIONS
(MCQ)
1. The Indian Mental Health Act was passed during the year:-
A.1987
B.1947
C. 1992
D.1942
2) Leave of Absence means:-
a) Mentally ill patient is detained in the hospital
b) Mentally ill patient is permitted for hospital
c) Mentally ill patient is given time limited leave
d) Mentally ill patient is given permission for any therapeutic procedure
4)How many chapters are there in Mental health care act-2017:-
a) 10
b) 12
c) 16
d) 15
4)Which of the following chapter(MHA-1987) deals with the cost maintenance of Mentally
ill patient in Psychiatric Hospitals:-
a) CHAPTER-IV
b) CHAPTER-VI
c) CHAPTER-VII
d) CHAPTER-VIII
5) Which chapter of MHA-1987 deals with the Provides the guidelines for establishment and
maintenance of psychiatric hospitals:-
a) CHAPTER-I
b) CHAPTER-II
c) CHAPTER-III
d) CHAPTER-IX
ANY QUESTION
?
Mhn practice teaching

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Mhn practice teaching

  • 1. GUJARAT INSTITUTE OF MENTAL HEALTH DEPARTMENT OF PSYCHIATRIC (MENTAL HEALTH NURSING) HOSPITAL FOR MENTAL HEALTH, DELHI DARWAJA, SHAHIBAUG-380004 ,GUJARAT MENTAL HEALTH ACT PREARED BY: MR.JRENISAN CHRISTIAN M.SC NURSING GUJARAT INSTITUTE OF MENTAL HEALTH DEPARTMENT OF PSYCHIATRIC NURSING 4/6/2022 1
  • 2. INTRODUCTION  Mental health legislation is essential for protecting the rights and dignity of persons with mental disorders, and for developing accessible and effective mental health services. 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 India in April 1993. This act replaces the Indian lunacy Act of 1912.
  • 3. DEFINITION OFTHEACT 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 matters connected therewith or incidental thereto”
  • 7. ACT The act is divided into 10 chapters consisting of 98 sections.
  • 8. CHAPTER I – PRELIMINARY 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.
  • 9. CHAPTER-I : CONT… 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 NEW TERM PREVIOUSLY USED TERMS: Psychiatric hospital/ Nursing Home Asylum Mentally ill person Lunatic Mentally Ill Prisoner Criminal Lunatic
  • 10. CHAPTER II - MENTAL HEALTH AUTHORITIES Deals with the procedures for establishment of mental health authorities at central and state levels
  • 11. CHAPTER III - PSYCHIATRIC HOSPITALSAND PSYCHIATRIC NURSING HOMES It lays down the guidelines for • Establishment and maintenance of psychiatric hospitals and nursing homes • Provision for licensing authorities to process applications for license 1. The Central Government may established or maintain psychiatric hospitals or psychiatric nursing homes for 2. Separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for
  • 12. CHAPTER IV : ADMISSION AND DETENTION IN PSYCHIATRIC HOSPITAL ADMISSION ON VOLUNTARY ADMISSION UNDER AUTHORITY Reception on application sec 20 Reception on production before magistrate Reception after se-26 ADMISSION UNDER SPECIAL CIRCUMSTANCE SEC 19: Admission and detection of mentally ill
  • 13. Admission on voluntarybasis Requestby a major/ guardian of the minor for admission to medical officer Medical officer makes enquires within 24hrs If the medical officer is satisfied for admission Voluntary admission is made
  • 14. Admission under special circumstances(Involuntary) Patient is unwilling or unable to make a request for admission , a relative /friend makes an application to the medical officer on behalf of the patient Medical officer makes enquires within 24hours If the medical officer is satisfied for admission Involuntary admission is made
  • 15. Admission under authority ororder Mentally ill person can be admitted to psychiatric nursing hospital by court of law or an approved authority . The authority can pass an order for reception and detention mainly under four different categories.
  • 17. Reception order onapplication Only a relative not other than husband ,wife ,guardian or a friend can make out an application for admission of client Two official certificate needed Being a minor or one has not seen the mentally ill patient in the last 14 days can make such application With the application a medical officer can extend inpatient treatment to more than 6 month
  • 18. Reception order on production of a mentally ill person before a magistrate
  • 19. Reception order afterInquest Inquest of mentally ill patient by district court In the interest of such person district court directs for admission Admissio n is made
  • 20. CHAPTER V - INSPECTION, DISCHARGE, LEAVE OFABSENCE AND REMOVAL OF MENTALLY ILL PERSONS  Discharge by medical officer  Discharge on application  Discharge on request  Discharge of person subsequently found on inquisition to be of sound mind
  • 21. LEAVE OFABSENCE An application for leave of absence may be made to the medical officer-incharge:-  By the husband or wife of the mentally ill  Relative of the mentally ill person duly authorized by the husband or wife or  By the person on whose application the mentally ill person was admitted  The medical officers-incharge may grant leave of absence for such period as deemed necessary  The total number of days shall not exceed sixty days
  • 22. ChapterVI Judicial Inquisition RegardingAlleged Mentally Ill Persons Possessing Property, Custody of His Person & Management of his Property • 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 incapable of looking after self and property.
  • 23. ChapterVII Liability To Meet Cost of Maintenance of Mentally Ill Persons Detained in Psychiatric Hospital Or Nursing Home • 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.
  • 24. CHAPTER VIII PROTECTION OF HUMAN RIGHTS OF MENTALLY III PERSONS No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or cruelty No letters or other communications sent by or to a mentally illpersons under treatment shall be intercepted, detained or destroyed No mentally ill person under treatment shall be used for purposes of research, unless
  • 25. CHAPTER IX PENALTIES & PROCEDURE • Penalty in contravention of Chapter III  Any person who establishes or maintains a psychiatric hospital or nursing home in contravention of the Chapter III shall be punishable with : o imprisonment for a term which may extend to three months, or o with fine which may extend to two hundred rupees, or o with both
  • 26. Penalty for improper reception of mentally ill person  Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or nursing home otherwise than in accordance with the provision of this Act, shall be punishable with o imprisonment for a term which may extend to two years or o with fine which may extend to one thousand rupees, or o with both.
  • 27. CHAPTER X MISCELLANEOUS It Deals With Clarification Pertaining To Certain Procedures To Be Followed The Medical Officer –In-charge Of The Psychiatric Hospital / Nursing Home. Matters WhichAreNot CoveredIn Above Chapters
  • 28. MENTAL HEALTH CARE ACT-2017
  • 29. MENTAL HEALTH CARE ACT 2017 In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29 May 2018.The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code.
  • 30.  An Act to provide for mental health care and services for persons with mental illness  To protect, promote and fulfil the rights of such persons during delivery of mental health care and services  Convention on Rights of Persons with Disabilities : 13th December, 2006 at United Nations Headquarters  16 chapters / 126 sections
  • 31. REVISIONS MADE FROM THE MENTAL HEALTH ACT 1987 The Mental Healthcare Act 2017 aims at decriminalising the Attempt to Commit Suicide by seeking to ensure that the individuals who have attempted suicide are offered opportunities for rehabilitation from the government as opposed to being tried or punished for the attempt. The 2017 Act recognises the agency of people with mental illness, allowing them to make decisions regarding their health, given that they have the appropriate knowledge to do so.
  • 32. The Act has restricted the usage of Electroconvulsive therapy (ECT) to be used only in cases of emergency, and along with muscle relaxants and anaesthesia. Further, ECT has additionally been prohibited to be used as viable therapy for minors. The responsibilities of other agencies such as the police with respect to people with mental illness has been outlined in the 2017 Act.
  • 33. CHAPTERS CHAPTER CONTENT CHAPTER I Preliminary CHAPTER II Mental illness and capacity to make mental healthcare and treatment decisions CHAPTER III Advance directive CHAPTER IV Nominated representative CHAPTER V Rights of persons with mental illness CHAPTER VI Duties of appropriate government CHAPTER VII Central mental health authority CHAPTER VIII State mental health authority CHAPTER IX Finance, accounts and audit
  • 34. CHAPTERS CHAPTER CONTENT CHAPTER X Mental health establishments CHAPTER XI Mental health review boards CHAPTER XII Admission, treatment and discharge CHAPTER XIII Responsibilities of other agencies CHAPTER XIV Restriction to discharge functions by professionals not covered by profession. CHAPTER XV Offences and penalties CHAPTER XVI Miscellaneous
  • 36. MULTIPLE CHOICE QUESTIONS (MCQ) 1. The Indian Mental Health Act was passed during the year:- A.1987 B.1947 C. 1992 D.1942
  • 37. 2) Leave of Absence means:- a) Mentally ill patient is detained in the hospital b) Mentally ill patient is permitted for hospital c) Mentally ill patient is given time limited leave d) Mentally ill patient is given permission for any therapeutic procedure
  • 38. 4)How many chapters are there in Mental health care act-2017:- a) 10 b) 12 c) 16 d) 15
  • 39. 4)Which of the following chapter(MHA-1987) deals with the cost maintenance of Mentally ill patient in Psychiatric Hospitals:- a) CHAPTER-IV b) CHAPTER-VI c) CHAPTER-VII d) CHAPTER-VIII
  • 40. 5) Which chapter of MHA-1987 deals with the Provides the guidelines for establishment and maintenance of psychiatric hospitals:- a) CHAPTER-I b) CHAPTER-II c) CHAPTER-III d) CHAPTER-IX