Independent (voluntary) Admission and treatment under Sec 86 of Mental Healthcare Act, 2017

Independent (voluntary) Admission and treatment under Sec 86 of Mental Healthcare Act, 2017

Independent (voluntary) Admission and treatment under Sec 86 of Mental Healthcare Act, 2017

The Mental Health Care Act, 2017, India was passed on 7th April 2017 and came into force on 7th April 2018. The new law defines itself as “an act to provide for mental healthcare and services for persons with mental illness and to protect, promote, and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto”

86. (1) Any person, who is not a minor and who considers himself to have a mental illness and desires to be admitted to any mental health establishment for treatment may request the medical officer or mental health professional in charge of the establishment to be admitted as an independent patient.

(2) On receipt of such request under sub-section (1), the medical officer or mental health professional in charge of the establishment shall admit the person to the establishment if the medical officer or mental health professional is satisfied that––
(a) the person has a mental illness of a severity requiring admission to a mental health establishment;

(b) the person with mental illness is likely to benefit from admission and treatment to the mental health establishment;

(c) the person has understood the nature and purpose of admission to the mental health establishment, and has made the request for admission of his own free will, without any duress or undue influence and has the capacity to make mental healthcare and treatment decisions without support or requires minimal support from others in making such decisions.

(3) If a person is unable to understand the purpose, nature, likely effects of proposed treatment and of the probable result of not accepting the treatment or requires a very high level of support approaching hundred per cent. support in making decisions, he or she shall be deemed unable to understand the purpose of the admission and therefore shall not be admitted as independent patient under this section.

(4) A person admitted as an independent patient to a mental health establishment shall be bound to abide by order and instructions or bye-laws of the mental health establishment.

(5) An independent patient shall not be given treatment without his informed consent.

If you like and want to learn more

subscribe to channel – https://www.youtube.com/c/sureshbadamath

follow me on LinkedIn – https://www.linkedin.com/in/sureshbadamath

follow me on Facebook – https://www.facebook.com/sureshbadamath