Section 15
Discharge of involuntary patient on application
(1)
Subject to subsection (2), an involuntary patient or his relative or friend may make an application to the officer in charge requesting his discharge.
(2)
On receipt of an application made under subsection (1), a designated medical practitioner of the psychiatric facility shall examine the patient in respect of whom the application is made and shall record his findings in a report, within one week.
(3)
The officer in charge or any officer authorised by him shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient —
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(a)
is not suffering from a mental disorder; or
(b)
is suffering from a mental disorder but is not in need of further care or treatment in that facility.
(4)
Any person aggrieved by the decision of the officer in charge or any officer auhorised by him under subsection (3) refusing to discharge him may appeal in writing to the Board within 14 days from the date of receipt of such decision.
(5)
When an appeal is made under subsection (4), the officer in charge or any officers authorised by him shall submit the report of the examination under subsection (2) to the Board.
(6)
On receipt of an appeal made under subsection (4), the Board shall cause two of its members, one of whom shall be a psychiatrist, to examine the person in respect of whom the appeal is made and record their findings in a report.
(7)
The Board shall not discharge the patient unless it is satisfied, based on the reports of the examinations under subsections (2) and (6) that the patient —
(a)
is not suffering from a mental disorder; or
(b)
is suffering from a mental disorder but is not in need of further care or treatment in that facility.
(8)
Any person aggrieved by the decision of the Board under subsection (7) may appeal in writing to the Director-General within 14 days from the date of receipt of the Board’s refusal to discharge him.
(9)
When an appeal is made under subsection (8), the Board shall submit the reports of the examinations under subsections (2) and (6) to the
Director-General.
(10)
If, having regard to the patient’s mental condition at that time and upon considering the reports of the examinations under subsections (2)
and (6), the Director-General is not satisfied that the continued detention of the patient is justified, he shall order that the patient be discharged.
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