Mental Treatment Act , 1961

1 Interpretation.

1.—(1) In this Act “the Principal Act” means the Mental Treatment Act, 1945.

(2) The Mental Treatment Acts, 1945 to 1958, and this Act shall be construed together as one Act.

2 Amendment of section 108 of Principal Act.

2.—The following sentence is hereby added to subsection (1) of section 108 of the Principal Act: “Where a patient in a district mental hospital or other institution maintained by a mental hospital authority, having been received therein otherwise than as a chargeable patient, becomes a chargeable patient, such authority shall, if another mental hospital authority are the mental hospital authority for the mental hospital district in which such person ordinarily resides, give notice of his having become a chargeable patient to the other mental hospital authority.”

3 Insertion of section after section 109 of Principal Act.

3.—The following section is hereby inserted after section 109 of the Principal Act:

“109A. The Minister may by regulations authorise and regulate the making by all or one or more mental hospital authorities of payments to patients in respect of work done.”

4 Amendment of section 128 of Principal Act.

4.—The following sentence is hereby added to section 128 of the Principal Act: “In the case of a private institution which is an approved institution, temporary patients and voluntary patients shall, when any enumeration of persons is being made for the purposes of this section, be included in the reckoning.”

5 Amendment of section 150 of Principal Act.

5.—The following sentence is hereby added to section 150 of the Principal Act: “In the case of a private charitable institution which is an approved institution, temporary patients and voluntary patients shall, when any enumeration of persons is being made for the purposes of this section, be included in the reckoning.”

6 Amendment of section 162 of Principal Act.

6.—(1) In subsection (1) of section 162 of the Principal Act “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital” and “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to such person)” is hereby substituted for “the authorised medical officer”.

(2) The following subsection is hereby added to section 162 of the Principal Act:

“(6) A registered medical practitioner shall, for the purposes of this section; be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

7 Amendment of section 163 of Principal Act.

7.—(1) The following subsection is hereby substituted for subsection (1) of section 163 of the Principal Act:

“(1) Where application is made for a recommendation for reception—

(a) in case the registered medical practitioner to whom the application is made has visited and examined the person to whom the application relates within twenty-four hours before receipt of the application, either—

(i) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(ii) in any other case, he shall refuse the application,

(b) in any other case—

(i) the registered medical practitioner to whom the application is made may (or, if he is the authorised medical officer, shall) within twenty-four hours after receipt of the application visit and examine the person to whom the application relates, and

(ii) after such examination, either—

(I) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(II) in any other case, he shall refuse the application.”

(2) In paragraph (a) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer” and “either, in case the examination was made before the date of receipt of the application for the recommendation, on the date of such receipt or, in any other case,” is hereby inserted before “on the date of such examination”.

(3) In paragraph (c) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer”.

8 Amendment of section 164 of Principal Act.

8.—In subsection (1) of section 164 of the Principal Act “registered medical practitioner to whom the application is made” is hereby substituted for “authorised medical officer”.

9 Amendment of section 165 of Principal Act.

9.—(1) The following sentence is hereby added to subsection (1) of section 165 of the Principal Act: “The member of the Garda Síochána shall, for the purposes of this section, have a right of entry into any house or other premises provided that he has reasonable grounds for believing that the person believed to be of unsound mind is for the time being therein”.

(2) In subsection (2) of section 165 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person)” is hereby substituted for “the authorised medical officer” and “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

(3) In subsection (3) of section 165 of the Principal Act “a registered medical practitioner for a recommendation for reception, such practitioner may (or, if he is the authorised medical officer, shall)” is hereby substituted for “the authorised medical officer for a recommendation for reception, such officer shall”.

(4) The following subsection is hereby added to section 165 of the Principal Act:

“(5) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

10 Amendment of section 166 of Principal Act.

10.—(1) In subsection (1) of section 166 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person believed to be of unsound mind)” is hereby substituted for “the authorised medical officer” and “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

(2) In subsection (2) of section 166 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person) ” is hereby substituted for “the authorised medical officer”.

(3) In subsection (3) of section 166 of the Principal Act “registered medical practitioner to whom the application is made may (or, if he is the authorised medical officer, shall) ” is hereby substituted for “authorised medical officer shall”.

(4) In subsection (4) of section 166 of the Principal Act “a registered medical practitioner” is hereby substituted for “the authorised medical officer”.

(5) The following subsection is hereby added to section 166 of the Principal Act.

“(5) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, stepfather or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

11 Amendment of section 167 of Principal Act.

11.—In subsection (3) of section 167 of the Principal Act “registered medical practitioner who made the recommendation” is hereby substituted for “authorised medical officer”.

12 Amendment of section 169 of Principal Act.

12.—Section 169 of the Principal Act is hereby amended by the substitution of “a registered medical practitioner” for “the authorised medical officer” and the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) the person to whom the certificate is issued may present it to the member of the Garda Síochána in charge of any Garda Síochána station,

(b) thereupon that member shall—

(i) request the resident medical superintendent of the district mental hospital mentioned in the recommendation to arrange for an escort, or

(ii) himself arrange for such escort as, in his opinion, is necessary,

(c) if a request as aforesaid is made—

(i) the resident medical superintendent may, in his discretion, arrange for such escort as, in his opinion, is necessary,

(ii) where the resident medical superintendent indicates that he does not intend to arrange for an escort, the member of the Garda Síochána shall himself arrange for such escort as, in his opinion, is necessary.”

13 Amendment of section 171 of Principal Act.

13.—The following subsection is hereby added to section 171 of the Principal Act:

“(3) (a) Where, the resident medical superintendent of a district mental hospital or another medical officer acting on his behalf having purported to make pursuant to paragraph (a) of subsection (1) of this section a chargeable patient reception order, it is ascertained that the person removed to the hospital was not ordinarily resident at a material time in the appropriate mental hospital district, both the order and the recommendation by reference to which the order was made shall be as valid for all purposes as if such person had been ordinarily resident at that time in that district.

(b) Where, the resident medical superintendent of a district mental hospital or another medical officer of the hospital acting on his behalf having purported to refuse pursuant to paragraph (b) of subsection (1) of this section to make a chargeable patient reception order, it is ascertained that the person removed to the hospital was not ordinarily resident at a material time in the appropriate mental hospital district, the recommendation for reception on which such person was so removed shall be as valid for all purposes as if he had been ordinarily resident at that time in that district.”

14 Amendment of section 176 of Principal Act.

14.—In both paragraph (a) and paragraph (b) of section 176 of the Principal Act “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

15 Amendment of section 178 of Principal Act.

15.—The following paragraph is hereby inserted after paragraph (a) of subsection (2) of section 178 of the Principal Act :

“(aa) neither of the registered medical practitioners signing the order shall be the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of the other of them ;”

16 Amendment of section 184 of Principal Act.

16.—(1) The following subsection is hereby inserted after subsection (3) of section 184 of the Principal Act:

“(3A) An application under this section shall not be made unless the applicant is at least twenty-one years of age.”

(2) In subsection (4) of section 184 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person to whom the application relates)” is hereby substituted for “the authorised medical officer”.

(3) The following subsections are hereby added to section 184 of the Principal Act:

“(6) Where a request for a certificate for the purposes of subsection (4) of this section is made to the authorised medical officer, that officer shall examine the person in respect of whom the certificate is requested and shall give the certificate if he is of the opinion referred to in that subsection.

(7) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.

(8) Where, the person in charge of an institution having purported to make pursuant to subsection (5) of this section a temporary chargeable patient reception order, it is ascertained that the person to whom the order relates was not ordinarily resident at a material time in the appropriate mental hospital district, both the order and the application by reference to which the order was made shall be as valid for all purposes as if such person had been ordinarily resident at that time in that district.”

17 Amendment of section 185 of Principal Act.

17.—(1) The following subsection is hereby inserted after subsection (3) of section 185 of the Principal Act:

“(3A) An application under this section shall not be made unless the applicant is at least twenty-one years of age.”

(2) The following subsection is hereby substituted for subsection (6) of section 185 of the Principal Act:

“(6) (a) Where an application for a temporary private patient reception order is made, the appropriate person, after having considered the application and the medical certificate accompanying it may make the order in the prescribed form.

(b) In paragraph (a) of this subsection “the appropriate person” means—

(i) in case the person in charge of the approved institution is a registered medical practitioner—that person, and

(ii) in any other case—the chief medical officer of the approved institution or, where the approved institution is for the reception of one person only, the medical attendant of the person to whom the application relates.”

18 Amendment of section 189 of Principal Act.

18.—(1) The following subsection is hereby substituted for subsection (1) of section 189 of the Principal Act:

“(1) (a) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order (including a person who would be so detained but for his being absent, removed or boarded out under section 203, 204, 208 or 209 of this Act) will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of subsection (1) of section 186 of this Act, he may be detained—

(i) in the case of an addict, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods each of which shall be less than six months and the aggregate of which shall not exceed six months, and

(ii) in any other case, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months.

(b) Where an order is endorsed under this subsection—

(i) the chief medical officer shall—

(I) give to the person to whom the order relates a notice stating particulars of endorsement and that such person or the applicant for the reception order may send to the Inspector of Mental Hospitals an objection to the extension of the period of detention, and

(II) give a like notice to the applicant for the order,

(ii) on receiving an objection sent consequent upon the notice under clause (I) or (II) of the foregoing sub-paragraph, the Inspector of Mental Hospitals shall require the chief medical officer to give him a full report on the person to whom the order relates,

(iii) on being required to give such report, the chief medical officer shall give it forthwith and, on consideration of the report, the Inspector of Mental Hospitals shall take such steps as he considers necessary for ascertaining whether or not the detention of the person to whom the order relates should be continued.”

(2) Where a person is, at the commencement of this section, detained by virtue of an order or series of orders under section 189 of the Principal Act, the order or series of orders shall, for the purposes of the Principal Act as amended by this Act, be regarded as an endorsement or series of endorsements made by virtue of subsection (1) of this section.

19 Amendment of section 190 of Principal Act.

19.—(1) In subsection (3) of section 190 of the Principal Act, “where the person whose reception is sought is less than sixteen years of age,” is hereby inserted after “shall” and “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person whose reception is sought)” is hereby substituted for “the authorised medical officer”.

(2) The following subsections are hereby added to section 190 of the Principal Act: