Section 95 in The Mental Healthcare Act, 2017

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.

Title: Research

Description: (1) The professionals conducting research shall obtain free and informed consent from all persons with mental illness for participation in any research involving interviewing the person or psychological, physical, chemical or medicinal interventions. (2) In case of research involving any psychological, physical, chemical or medicinal interventions to be conducted on person who is unable to give free and informed consent but does not resist participation in such research, permission to conduct such research shall be obtained from concerned State Authority. (3) The State Authority may allow the research to proceed based on informed consent being obtained from the nominated representative of persons with mental illness, if the State Authority is satisfied that-- (a) the proposed research cannot be performed on persons who are capable of giving free and informed consent; (b) the proposed research is necessary to promote the mental health of the population represented by the person; (c) the purpose of the proposed research is to obtain knowledge relevant to the particular mental health needs of persons with mental illness; (d) a full disclosure of the interests of persons and organisations conducting the proposed research is made and there is no conflict of interest involved; and (e) the proposed research follows all the national and international guidelines and regulations concerning the conduct of such research and ethical approval has been obtained from the institutional ethics committee where such research is to be conducted. (4) The provisions of this section shall not restrict research based study of the case notes of a person who is unable to give informed consent, so long as the anonymity of the persons is secured. (5) The person with mental illness or the nominated representative who gives informed consent for participation in any research under this Act may withdraw the consent at any time during the period of research.

CHAPTER 12 ADMISSION, TREATMENT AND DISCHARGE