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19 1945

MENTAL TREATMENT ACT, 1945

PART XV.

Reception of Persons into Approved Institutions as Voluntary Patients.

Application for reception as voluntary patient and as chargeable patient.

190. —(1) Where it is desired to have a person received as a voluntary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which voluntary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, the appropriate applicant may make application in that behalf in the prescribed form to the person in charge of such institution.

(2) In sub-section (1) of this section, the expression “the appropriate applicant” means—

(a) where the person whose reception is sought is less than sixteen years of age—the parent or guardian of such person,

(b) in any other case—such person himself.

(3) An application under this section shall be accompanied by a recommendation by the authorised medical officer stating that such officer has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.

Application for reception as voluntary patient and as private patient.

191. —(1) Where it is desired to have a person received as a voluntary patient and as a private patient in an approved institution, the appropriate applicant may make written application in that behalf to the person in charge of the institution.

(2) In sub-section (1) of this section, the expression “the appropriate applicant” means—

(a) where the person whose reception is sought is less than sixteen years of age—the parent or guardian of such person,

(b) in any other case—such person himself.

(3) An application under this section shall be accompanied by a recommendation of a registered medical practitioner stating that such practitioner has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.

Reception and treatment of voluntary patient.

192. —Where an application is duly made under this Part of this Act for the reception of a person in an approved institution as a voluntary patient, such person may, if there is accommodation for him in the institution not required for a person of unsound mind, be received in the institution as a voluntary patient and may be treated therein and, on his recovery, may be discharged.

Payment of cost of conveyance of voluntary patient receivable as chargeable patient.

193. —(1) Where a person to be received under this Part of this Act in an approved institution will be received as a chargeable patient, the appropriate assistance officer shall defray the reasonable expenses of the conveyance of such person to the institution.

(2) Expenses defrayed under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person conveyed.

Notice by voluntary patient that he wishes to leave approved institution.

194. —(1) A person not less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to leave the institution not earlier than seventy-two hours from the giving of the notice, and he shall be entitled and shall be allowed to leave the institution on or at any time after the expiration of the said seventy-two hours.

(2) The parent or guardian of a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to remove such person from the institution, and shall be entitled and shall be allowed to remove such person from the institution at any time after he gives such notice.

(3) A notice under this section shall be given to the person in charge of the relevant institution.

Voluntary patient becoming mentally incapable of expressing wishes.

195. —Where a person who is being treated in an approved institution as a voluntary patient becomes mentally incapable of expressing himself as willing or not willing to remain in the institution, he shall be discharged from the institution into the custody of such person as the person in charge of the institution approves of not later than twenty-eight days after becoming so incapable unless he sooner becomes capable of expressing himself as aforesaid or a reception order relating to him is obtained.

Voluntary patient under 16 years of age ceasing to have parent or guardian.

196. —Where a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient ceases to have a parent or guardian or the parent or guardian is incapable of performing or refuses or neglects to perform his duties as such, the person in charge of the institution shall send to the Minister a report on the circumstances of the case and shall carry out all such directions as the Minister may think fit to give consequent upon such report.

Notice of reception, departure, or death of voluntary patient.

197. —(1) Not later than three clear days after the reception of a person in an approved institution as a voluntary patient, notice in the prescribed form of the reception shall be given to the Minister.

(2) Not later than three clear days after the departure from an approved institution of a person who was being treated therein as a voluntary patient, notice in the prescribed form of the departure shall be given to the Minister.

(3) Not later than three clear days after the death in an approved institution of a person who was being treated therein as a voluntary patient, notice of the death shall be given to the Minister.

Register of voluntary patients.

198. —The Minister shall keep a register of persons received in approved institutions as voluntary patients and shall enter in that register the prescribed particulars in regard to each such person.