Section 65
Section 65
(1)
Where a mentally disordered person is required to undergo life-sustaining medical and surgical procedures, psychosurgery or electroconvulsive therapy, consent for any of them may be given if —
(a)
he is capable of giving consent as assessed by a psychiatrist, by the patient himself;
(b)
the patient is incapable of giving consent —
(i)
in the case of a minor, by his guardian; or
(ii)
in the case of an adult, by a relative;
(c)
his guardian or relative is not available or not traceable and the patient himself is incapable of giving consent, by two psychiatrists, one of whom shall be the attending psychiatrist.
(2)
In the case of an emergency, consent for major medical and surgical procedures or electroconvulsive therapy may be given —
(a)
by the guardian or a relative of the patient; or
(b)
if his guardian or relative is not immediately available or not traceable, by two medical practitioners, one of whom shall be a psychiatrist.
(3)
In determining whether or not a mentally disordered person is capable of giving consent under subsection (1)(a), the examining psychiatrist shall consider whether or not the patient understands —
(a)
the condition for which the treatment is proposed;
(b)
the nature and purpose of the treatment;
(c)
the risks involved in undergoing the treatment;
(d)
the risks involved in not undergoing the treatment; and
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(e)
whether or not his ability to consent is affected by his condition.
(4)
Notwithstanding subsections (1) and (2), the requirement for consent does not apply where the patient is facing a life threating situation that necessitates intervention.
Duty to give information to patients 66.
The officer in charge shall take such steps as are reasonably practicable to ensure that every patient in the facility and a relative of the patient, understand —
(a)
under which provision of this Act the patient is detained and the effect of the provision; and
(b)
what rights are available to him to apply for his discharge.
Copy of reception order to be sent to officer in charge of psychiatric facility 67.
A medical practitioner making an order under section 12 or 13 or a court making an order under section 44 or 62 shall immediately send a copy of the order to the officer in charge of the psychiatric facility into which the person who is the subject of the order is to be received.
Medical certificate, order etc. may be amended 68.
If upon the admission of an involuntary patient into a psychiatric facility it appears that any medical certificate, order or other documents relating to the admission are in any respect incorrect, the certificate, order or other document may, with the approval of the officer in charge, be amended by the person who signed it within 14 days of the admission of the patient for the purpose of correcting any clerical error, an obvious mistake or for any other reason acceptable to the officer in charge.
Sums payable by Government to mentally disordered person 69.
(1)
Where any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person by the Government, and that person is found under this Act to be a mentally disordered person, any public servant authorised to make such payment shall pay —
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(a)
so much of that sum as he considers fit to the person having charge of the mentally disordered person for purposes of the maintenance of the mentally disordered person; and
(b)
the surplus or such part of the surplus, if any, as he considers fit, for the maintenance of the members of the family of the mentally disordered person who are dependent on him for maintenance.
(2)
Any person having charge of the mentally disordered person who fails to comply with or contravenes subsection (1)(a) is guilty of an offence and liable on conviction to a fine of $5,000, imprisonment for a term not exceeding 5 years or both.
Neglect or ill-treatment of patient 70.
(1)
Any officer or staff of, or persons otherwise employed in or engaged by, a psychiatric facility, community psychiatric residence, community mental health centre or any other government or private healthcare premises who —
(a)
wilfully neglects or ill-treats a patient receiving treatment for mental disorder as an in-patient in that psychiatric facility, community psychiatric residence, community mental health centre or government or private healthcare premises; or
(b)
wilfully neglects or ill-treats, on the premises of which such psychiatric facility, community psychiatric residence, community mental health centre or government or private healthcare facility forms a part, a patient receiving treatment there as an out-patient, is guilty of an offence.
(2)
A person who ill-treats or wilfully neglects a mentally disordered person who is in his custody or under his care and protection is guilty of an offence.
(3)
A person guilty of an offence under this section is liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 10 years or both, and whipping.
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Abetment of escape of patients 71.
(1)
Any person who permits or abets the escape or attempted escape of any patient is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding one year or both.
(2)
Any person employed in, or engaged by, any psychiatric facility who permits or abets the escape or attempted escape of any patient is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Penalty for improper reception and detention 72.
Subject to section 73, any person who —
(a)
otherwise than in accordance with the provisions of this Act or any other written law, admits or detains in a psychiatric facility a person who is or is alleged to be a mentally disordered person; or
(b)
for gain, detains in any place, not being a psychiatric facility, any mentally disordered person, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 7 years or both.
Limitation of liability 73.
No action shall be brought against the Director-General, any member of a Board of Visitors, officer in charge, person in charge, medical practitioner, police officer or any other person acting under the direction of the Director-General or the officer in charge in respect of anything done or omitted to be done by any of them in good faith in the exercise, performance or purported exercise or performance, of any powers or duties under this Act.
Code of practice 74.
(1)
For the purpose of providing practical guidance with respect to the requirements of this Act relating to the admission, detention, lodging, care, treatment, rehabilitation, and protection of persons who are mentally disordered, the Minister may —
(a)
issue one or more codes of practice;
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(b)
approve as a code of practice any document prepared by any person if he considers the document as a suitable document for this purpose; and
(c)
amend or revoke any code of practice issued or approved under this section.
(2)
The power of the Minister under subsection (1)(a) or (b) to issue or approve as a code of practice shall include the power to issue or approve a part of such a code of practice or document.
(3)
Where a code of practice is issued, approved, amended or revoked by the Minister under subsection (1), the Minister shall —
(a)
publish a notice of such issue, approval, amendment or revocation, as the case may be, in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;
(b)
specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be;
(c)
ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —
(i)
for inspection by members of the public free of charge;
and
(ii)
for purchase by members of the public at a reasonable price.
(4)
No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, shall have any force or effect as a code of practice until the notice relating thereto is published in accordance with subsection (3).
(5)
If any provision of any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —
(a)
shall have effect subject to the provisions of this Act; or
(b)
having regard to the provisions of this Act, shall not have effect.
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(6)
Any code of practice is deemed not to be subsidiary legislation.
Use of codes of practice in criminal proceedings 75.
(1)
A person is not liable to any criminal proceedings by reason only that he has failed to observe any code of practice.
(2)
In any proceedings for any offence against this Act, a code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence shall be admissible in evidence in the proceedings.
(3)
Without affecting any other method of proof, in any proceedings for an offence against this Act —
(a)
the production of a document purporting to be a copy of a notice published by the Minister under section 74(3)(a) shall be taken to be such a notice until the contrary is proved; and
(b)
the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 74(3)(a) shall be taken to be the subject of that notice until the contrary is proved.
(4)
In determining for the purpose of any provision of this Act as to whether any psychiatric facility, community psychiatric residence or community mental health centre is of good standard or in accordance with the generally accepted principles of safe and sound practice regard shall be had to any relevant standards, codes of practice or guidance acceptable to the
Minister.
Court for trial of offences 76.
Unless the context otherwise requires, any offence under this Act may be tried by a Court of a Magistrate or a Syariah Subordinate Court, as the case may be, and such Court shall, notwithstanding the provisions of the
Criminal Procedure Code (Chapter 7) and any other written law, have jurisdiction to impose the maximum penalty provided for by this Act.
Regulations 77.
(1)
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make such regulations as appear to him to be necessary or
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expedient for giving effect to and carrying out the provisions of this Act and for the due administration thereof.
(2)
Without prejudice to the generality of the powers conferred by subsection (1), regulations may be made for all or any of the following purposes —
(a)
to prescribe the standards and specifications in respect of the siting, design and construction of psychiatric facility, community psychiatric residence and community mental health centres;
(b)
to prescribe the standards of the apparatus, appliance, equipment, instrument, substance, furnishing and other things to be provided by psychiatric facility, community psychiatric residence and community mental health centres;
(c)
to prescribe the standards of accommodation, sanitation or other amenities in psychiatric facility, community psychiatric residence and community mental health centres;
(d)
to prescribe the standards for the maintenance, administration or staffing of, and the provisions of facilities and services by, psychiatric facility, community psychiatric residence and community mental health centres;
(e)
to provide for acceptable quality assurance and quality control in respect of psychiatric facility, community psychiatric residence and community mental health centres;
(f)
to prescribe the management, control, superintendence and care of psychiatric facility, community psychiatric residence and community mental health centres, including the functions, responsibilities, duties and powers of officers in charge of the psychiatric facility, community psychiatric residence and community mental health centres;
(g)
to prescribe all matters relating to the rights and privileges of patients;
(h)
to prescribe all matters relating to the issue of communication by and with patients in psychiatric facility;
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(i)
to prescribe the conditions and circumstances under which physical and chemical means of restraint or seclusion may be applied to patients in psychiatric facility;
(j)
to prescribe the appointment of members to, the constitution, duties and powers of, and the procedure to be followed by, a Board;
(k)
to prescribe the type of unforeseeable or unanticipated incidents to be reported, the procedure for reporting, the manner of investigation to be conducted, the report and statistical data to be submitted;
(l)
to prescribe all matters relating to policy statements and matters relating to grievance mechanism;
(m)
to regulate the keeping of such books, records, registers or other documents or the furnishing of such reports or statistics as may be necessary for the purposes of this Act;
(n)
to prescribe anything required to be or which may be prescribed under this Act.
Construction of other written laws 78.
Unless a contrary intention appears, a reference in any other written law —
(a)
to a lunatic or mental person shall be construed as a reference to a mentally disordered person;
(b)
to lunacy shall be construed as a reference to mental disorder;
(c)
to an asylum, a lunatic asylum, a mental hospital, a mental facility or any other medical facility for the purpose of admitting, remanding, confining or detaining a mentally disordered person shall be construed as a reference to a psychiatric facility.