Section 94 in The Mental Healthcare Act 2017

Title: Emergency treatment

Description: (1) Notwithstanding anything contained in this Act, any medical treatment, including treatment for mental illness, may be provided by any registered medical practitioner to a person with mental illness either at a health establishment or in the community, subject to the informed consent of the nominated representative, where the nominated representative is available, and where it is immediately necessary to prevent— (a) death or irreversible harm to the health of the person; or (b) the person inflicting serious harm to himself or to others; or (c) the person causing serious damage to property belonging to himself or to others where such behaviour is believed to flow directly from the person's mental illness. Explanation.—For the purposes of this section, "emergency treatment" includes transportation of the person with mental illness to a nearest mental health establishment for assessment. (2) Nothing in this section shall allow any medical officer or psychiatrist to give to the person with mental illness medical treatment which is not directly related to the emergency treatment specified under sub-section (1). (3) Nothing in this section shall allow any medical officer or psychiatrist to use electro-convulsive therapy as a form of treatment. (4) The emergency treatment referred to in this section shall be limited to seventy-two hours or till the person with mental illness has been assessed at a mental health establishment, whichever is earlier: Provided that during a disaster or emergency declared by the appropriate Government, the period of emergency treatment referred to in this sub-section may extend up to seven days.

Title: Prohibited procedures

Description: (1) Notwithstanding anything contained in this Act, the following treatments shall not be performed on any person with mental illness— (a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia; (b) electro-convulsive therapy for minors; (c) sterilisation of men or women, when such sterilisation is intended as a treatment for mental illness; (d) chained in any manner or form whatsoever. (2) Notwithstanding anything contained in sub-section (1), if, in the opinion of psychiatrist in charge of a minor's treatment, electro-convulsive therapy is required, then, such treatment shall be done with the informed consent of the guardian and prior permission of the concerned Board.

Title: Restriction on psychosurgery for persons with mental illness

Description: (1) Notwithstanding anything contained in this Act, psychosurgery shall not be performed as a treatment for mental illness unless-- (a) the informed consent of the person on whom the surgery is being performed; and (b) approval from the concerned Board to perform the surgery, has been obtained. (2) The Central Authority may make regulations for the purpose of carrying out the provisions of this section.

Title: Restraints and seclusion

Description: (1) A person with mental illness shall not be subjected to seclusion or solitary confinement, and, where necessary, physical restraint may only be used when,-- (a) it is the only means available to prevent imminent and immediate harm to person concerned or to others; (b) it is authorised by the psychiatrist in charge of the person's treatment at the mental health establishment. (2) Physical restraint shall not be used for a period longer than it is absolutely necessary to prevent the immediate risk of significant harm. (3) The medical officer or mental health professional in charge of the mental health establishment shall be responsible for ensuring that the method, nature of restraint justification for its imposition and the duration of the restraint are immediately recorded in the person's medical notes. (4) The restraint shall not be used as a form of punishment or deterrent in any circumstance and the mental health establishment shall not use restraint merely on the ground of shortage of staff in such establishment. (5) The nominated representative of the person with mental illness shall be informed about every instance of restraint within a period of twenty-four hours. (6) A person who is placed under restraint shall be kept in a place where he can cause no harm to himself or others and under regular ongoing supervision of the medical personnel at the mental health establishment. (7) The mental health establishment shall include all instances of restraint in the report to be sent to the concerned Board on a monthly basis. (8) The Central Authority may make regulations for the purpose of carrying out the provisions of this section. (9) The Board may order a mental health establishment to desist from applying restraint if the Board is of the opinion that the mental health establishment is persistently and wilfully ignoring the provisions of this section.

Title: Discharge planning

Description: (1) Whenever a person undergoing treatment for mental illness in a mental health establishment is to be discharged into the community or to a different mental health establishment or where a new psychiatrist is to take responsibility of the person's care and treatment, the psychiatrist who has been responsible for the person's care and treatment shall consult with the person with mental illness, the nominated representative, the family member or care-giver with whom the person with mental illness shall reside on discharge from the hospital, the psychiatrist expected to be responsible for the person's care and treatment in the future, and such other persons as may be appropriate, as to what treatment or services would be appropriate for the person. (2) The psychiatrist responsible for the person's care shall in consultation with the persons referred to in sub-section (1) ensure that a plan is developed as to how treatment or services shall be provided to the person with mental illness. (3) The discharge planning under this section shall apply to all discharges from a mental health establishment.

CHAPTER 12 ADMISSION TREATMENT AND DISCHARGE