THE MENTAL HEALTHCARE BILL, 2016
This bill has been proposed in pursuance of ‘The Convention on Rights of Persons with Disabilities and its Optional Protocol’ which was adopted on the 13th December, 2006 at United Nations Headquarters in New York.
As per this act
“mental health professional” means—
(i) a psychiatrist or RMP
(ii) a professional post graduate degree (Ayurveda) (Homoeopathy) (Unani) (Siddha)
“mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;
ADVANCE DIRECTIVE can be made for a future contemplated mental illness. (for a minor these directives can be made by the guardian)
- Any advance directive made contrary to any law for the time being in force shall be ab initio void.
- The advance directive shall not apply to the emergency treatment.
- The doctor is bound to follow advance directives.
- where the doctor desires not to follow advance directives then the matter should be referred to Medical Review Board to review, alter, modify or cancel the advance directive.
MENTAL HEALTH REVIEW BOARDS
-consist of––
(a) a District Judge
(b) Representative of the District Collector
© two members of whom one shall be a psychiatrist and the other shall be a medical practitioner.
(d) two members of non-governmental organisations working in the field of mental health.
- The admission of a person shall be limited to a period of thirty days.
- beyond the period of thirty days - examined by two psychiatrists for his admission
Following treatments shall not be performed:
(a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia;
(b) electro-convulsive therapy for minors (prior approval from the concerned Board)
© sterilisation of men or women, when such sterilisation is intended as a treatment for mental illness;
(d) chained in any manner or form whatsoever.
(e) psychosurgery shall not be performed as a treatment (prior approval from the concerned Board ) has been obtained.
OFFENCES AND PENALTIES
-
Serving in an hospital not registered under this act – penalty of upto twenty five thousand rupees.
-
first contravention - six months and or rupees ten thousand
-
subsequent contravention - two years or with fine of fifty thousand rupees upto five lakh rupees or with both.