175x Filetype PPTX File size 0.13 MB Source: www.svcollegeofnursing.org
Introduction Psychiatric nurses have to work in psychiatric units for 24 hours and the final responsibility of the ward management will be on nurses alone. Hence, the nurses have to be well versed in the legal aspects related to treatment of mentally ill. The knowledge of legal procedures will help the nurses to teach the client and his relatives to protect the rights of the client and to provide comprehensive mental health care to the needy population. There are two Acts concerned with the care and treatment of the mentally ill: The Indian Mental Health Act of 1987 The Indian Lunacy Act of 1912 THE INDIAN MENTALHEALTH ACT (1987) The 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. Reasons for Enactment To prevent the stigma Mentally ill individuals should be treated like any other sick persons. To make fresh legislation in accordance with the new approach. Types of Admission Admission on voluntary basis Admission under Authority / Order Admission under special circumstances Admission on authority or reception order Reception on production before Magistrate Reception after inquest Reception order on application Admission in Emergencies Temporary Treatment Order Admission of Mentally Ill Prisoners Miscellaneous Admission 1.Admission on Voluntary Basis Any person who considers him self to be mentally ill and wishes to be admitted to a psychiatric hospital may apply to the medical officer-in-charge; if he is a minor, the guardian can make this application on his behalf. The medical officer should make inquiry within 24hours and should admit the patient if he opines that treatment is required. The voluntary patient thus admitted is now bound to abide by the rules made by the institution. 2.Admission under Special Circumstances Any mentally ill patient who is unwilling for admission on a voluntary basis may be admitted and kept as an inpatient in a psychiatric hospital/ nursing home. For such purpose an application should be made out on his/her behalf by a relative or a friend of the mentally ill person, provided the medical officer deems fit. 3.Admission under Reception Order On application: Only a relative not other than husband, wife, guardian or a friend can make out an application for the admission of a mentally ill patient. On production before the magistrate: Mentally ill patients exhibiting violent behavior, creating obscene scenes and dangerous to the society can be detained by the police officer and produced in court within 24 hours Petition Examination Determination Medical administrator Release Hospitalization Emergency to control on immediate threat to self or others Short term for diagnosis and short term therapy Long term for treatment and determined ready for discharge 4.Admission in Emergencies The medical officer in-charge may order the admission of a mentally ill patient if he thinks he is dangerous to himself or others. However the patient should be produced before the magistrate within 24hours (maximum time limit is 72hours, which is exclusive of the examination period), or the magistrate himself may visit the psychiatric hospital/ nursing home and pass reception order on examination.
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