Supported Admission (involuntary admission) beyond 30days under Sec 90 of Mental Healthcare Act 2017

Supported Admission (involuntary admission) beyond 30days under Sec 90 of Mental Healthcare Act 2017

Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission) under the The Mental Health Care 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”

90. (1) If a person with mental illness admitted under section 89 requires continuous admission and treatment beyond thirty days or a person with mental illness discharged under sub-section (15) of that section requires readmission within seven days of such discharge, he shall be admitted in accordance with the provisions of this section.

(2) The medical officer or mental health professional in charge of a mental health establishment, upon application by the nominated representative of a person with mental illness, shall continue admission of such person with mental illness, if—

(a) two psychiatrists have independently examined the person with mental illness in the preceding seven days and both independently conclude based on the examination and, on information provided by others that the person has a mental illness of a severity that the person––

(i) has consistently over time threatened or attempted to cause bodily harm to himself; or

(ii) has consistently over time behaved violently towards another person or has consistently over time caused another person to fear bodily harm from him; or

(iii) has consistently over time shown an inability to care for himself to a degree that places the individual at risk of harm to himself;

(b) both psychiatrists, after taking into account an advance directive, if any, certify that admission to a mental health establishment is the least restrictive care option possible under the circumstances; and

(c) the person continues to remain ineligible to receive care and treatment as a independent patient as the person cannot make mental healthcare and treatment decisions independently and needs very high support from his nominated representative, in making decisions.

(3) The medical officer or mental health professional in charge of the mental health establishment shall report all admissions or readmission under this section, within a period of seven days of such admission or readmission, to the concerned Board.

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