Part 3Part 3 Review, discharge, leave and transfer of persons (other than forensic patients) in hospitals
This Part does not apply to forensic patients.
61 Medical examination of continued treatment patients
The medical superintendent is required to medically examine or cause to be medically examined, at such intervals as may be prescribed, each continued treatment patient for the purpose of determining whether or not the patient’s continued detention in the hospital is necessary.
62 Review of continued treatment patients by the Tribunal
(1) The Tribunal must review, at least once every 6 months, the case of each continued treatment patient in order to determine whether the patient is a mentally ill person who should continue to be detained.(2) If the Tribunal determines that the patient is a mentally ill person and is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the patient, the patient must, subject to this Part, continue to be detained in a hospital for further observation or treatment, or both, as a continued treatment patient.(3) If the Tribunal does not determine that the patient is a mentally ill person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the patient, the patient must be discharged from the hospital in which the patient is detained.(4) If the Tribunal does not determine that a patient is a mentally ill person or forms an opinion referred to in subsection (3), the Tribunal may also defer the discharge of the patient for a period not exceeding 14 days.(5) The Tribunal may, as a consequence of reviewing the case of a patient to whom subsection (2) applies, if it is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient from causing harm to himself or herself or others, order that the patient be allowed to be absent from a hospital for such period and subject to such conditions, if any, as it thinks fit and such an order has effect according to its tenor.
63 Review of informal patients by the Tribunal
(1) The Tribunal must review, at least once every 12 months, the case of each informal patient who has received care or treatment, or both, in a hospital for a continuous period in excess of 12 months.(2) The Tribunal may, as a consequence of reviewing the case of a patient, order the discharge of the patient from a hospital and may, in any such case, defer the discharge of the patient for a period not exceeding 14 days.(3) The medical superintendent of a hospital must notify the Tribunal of the name of any informal patient of the hospital whose case the Tribunal is required by this section to review.
64 Classification of certain patients as informal patients
A medical superintendent may, at any time, classify a temporary patient or a continued treatment patient as an informal patient but only if:(a) the patient, in the opinion of the medical superintendent, is likely to benefit from care or treatment as an informal patient, and(b) the patient agrees to being classified as an informal patient or is admitted in accordance with section 12 (2).
65 Discharge of informal patients
(1) An informal patient may, at any time, discharge himself or herself from or leave a hospital.(2) A medical superintendent may, at any time, discharge an informal patient if, in the opinion of the medical superintendent, the patient is not likely to benefit from further care or treatment as an informal patient.(3) Notice must be given by the medical superintendent of the discharge of any informal patient who is under guardianship within the meaning of the Guardianship Act 1987 to the guardian of the patient.
66 Discharge of temporary patients and continued treatment patients
(1) A medical superintendent must discharge a temporary patient or a continued treatment patient if, in the opinion of the medical superintendent, the patient has ceased to be a mentally ill person or other care of a less restrictive kind is appropriate and reasonably available to the person.(2) A medical superintendent may, immediately on discharging a person as a temporary patient or a continued treatment patient under this section or section 20 (Detention of persons generally), admit that person as an informal patient.
67 Discharge etc of certain patients on patient’s application
(1) A temporary patient or a continued treatment patient may apply, orally or in writing, to the medical superintendent to be discharged.(2) On receiving any such application, the medical superintendent may discharge the patient or exercise the functions conferred on the medical superintendent under section 64.
68 Discharge of certain patients on relative’s or friend’s application
(1) A relative or friend of a temporary patient or a continued treatment patient may, at any time, apply orally or in writing to the medical superintendent for the discharge of the patient.(2) On receiving any such application, the medical superintendent may discharge the patient:(a) if the relative or friend gives the medical superintendent an undertaking, in writing, that the patient will be properly taken care of, and(b) if the medical superintendent is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient from causing harm to himself or herself or others, and(c) if the patient is a person under guardianship within the meaning of the Guardianship Act 1987—if the person’s guardian consents to the application.
69 Appeal against refusal to discharge
(1) If a medical superintendent has refused an application under section 67 or 68 for the discharge of a patient, or has failed to determine such an application within 3 working days after the making of the application, the person making the application or any other person appointed by the patient may, in accordance with the regulations, appeal, orally or in writing, against the refusal or failure to the Tribunal.(2) If the appeal is made orally, the prescribed person must immediately make a record of the appeal.(3) If an appeal is made, the medical superintendent must furnish to the Tribunal a report concerning the patient which includes the medical superintendent’s reasons for refusing to discharge the patient or failing to determine the application.
(1) The Tribunal, in determining an appeal made under section 69, has and may exercise the functions of the medical superintendent with respect to the application that has given rise to the appeal and may make an order accordingly.(2) In addition to determining the appeal, the Tribunal may, having regard to:(a) the length of time between the date of the last determination under this Act that the patient was a mentally ill person and the date of the appeal, and(b) the frequency of appeals made under section 69 by or on behalf of the patient, and(c) the last report concerning the patient furnished by the medical superintendent under section 69, and(d) any other matter that the Tribunal considers relevant,determine that no further right of appeal may be exercised by or on behalf of the patient under section 69 to the Tribunal before the date on which the patient will next be brought before the Tribunal under this Act or the date on which the patient’s case will next be reviewed by the Tribunal under this Act, as the case requires.
If a medical superintendent is of the opinion that it will benefit the health of:(a) a person detained under Part 2 in respect of whom an inquiry has not been held under section 41 and who has not been discharged or classified as an informal patient, or(b) a temporary patient or a continued treatment patient,the medical superintendent may allow the person or patient to be absent from a hospital for such period and subject to such conditions, if any, as the medical superintendent thinks fit.
72 Absence of patient for continuous period of not less than 28 days
(1) If a patient has, pursuant to section 71, been absent from a hospital for a continuous period of not less than 28 days, the medical superintendent must inquire into the welfare and mental health of the patient with a view to determining whether the patient should be immediately discharged.(2) A medical superintendent must discharge a patient following an inquiry under subsection (1) unless the medical superintendent is of the opinion that the further detention of the patient in the hospital is necessary.(3) Nothing in this section affects section 74.
73 Absence of patient for continuous period of not less than 12 months
The medical superintendent must discharge a patient who, in accordance with the provisions of this Part or otherwise than in accordance with those provisions, has been absent from a hospital for a continuous period of not less than 12 months.
74 Discharge of certain absent patients on certificate of medical practitioner
If, in respect of a patient who is absent from a hospital pursuant to section 62 or 71, a medical practitioner furnishes to the medical superintendent, before the date on which the period for which the patient’s absence is allowed expires, a certificate to the effect that, in the opinion of the medical practitioner, the detention of the patient in the hospital is no longer necessary, the medical superintendent may, on receiving the certificate, discharge the patient.
75 Medical superintendent may order apprehension of certain absent patients
(1) A patient who is absent from hospital pursuant to section 62 or 71 and who fails to return to the hospital by the date on which the period for which the patient’s absence is allowed expires or to comply with a condition of that absence may, at any time after the failure, at the direction of the medical superintendent, be apprehended and dealt with in accordance with section 76.(2) This section does not apply to a patient who has been discharged under section 72 or 73.
76 Absence of patient without leave
A temporary patient or a continued treatment patient or other person who absents himself or herself from a hospital, otherwise than in accordance with this Part, may be apprehended at any time:(a) by the medical superintendent or any other suitably qualified person employed in the hospital, or(b) by a member of the Police Force, or(c) by a person authorised by the Minister or the medical superintendent, or(d) by a person assisting that medical superintendent, other suitably qualified person so employed, member of the Police Force or person so authorised,and, on being apprehended, is to be conveyed to and detained in the hospital from which the patient or other person absented himself or herself.
77 Absence of patient with permission
The medical superintendent may allow a temporary patient or a continued treatment patient to be absent from a hospital for such period and subject to such conditions, if any, as the medical superintendent thinks fit in order to receive medical treatment.
78 Transfer of patients between hospitals
(1) An authorised officer may, by order in writing, direct the transfer of a temporary patient or a continued treatment patient from the hospital in which the patient is detained to another hospital.(2) A medical superintendent may make arrangements with another medical superintendent for the transfer of a temporary patient or a continued treatment patient from the hospital in which the patient is detained to the hospital of which the other medical superintendent is the medical superintendent.(3) Except as provided by subsection (4), an authorised officer or medical superintendent is required, before making an order under subsection (1) or arrangements under subsection (2), to do all such things as are reasonably practicable to give notice:(a) to the nearest relative, if there is one, of the patient or a relative nominated by the patient, or(b) if there is no such relative, to a personal friend of the patient who is either known as, or is said by the patient to be, his or her personal friend,of the proposal to transfer the patient and the reasons for the transfer.(4) If the transfer of a patient under this section arises from circumstances constituting, in the opinion of an authorised officer or medical superintendent, as the case requires, an emergency, notice as referred to in subsection (3) is to be given by the authorised officer or medical superintendent as soon as practicable after the transfer is made.(5) An order under subsection (1) or arrangements under subsection (2) is or are sufficient authority for the transfer of a patient and for the reception of the patient into and detention in the hospital to which the patient is to be transferred.