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MHCA, 2017

Pragmatics & Challenges related to its


Implementation

Dr BK Waraich

Dr Suresh Bada Math

Simmi W & Suresh BM, NZ Chandigarh12018


Dr BK Waraich

 MBBS & MD(1995-98) from Govt medical College, Patiala and Senior
Residency from GMCH Sector 32 and PGI, Chandigarh.
 Associated with Distt mental Health program, GMCH Sector 32,
Chandigarh.
 1 year in Australia as Registrar before joining Fortis Hospital in 2005
as Sr Consultant . And Child & Adolescent Clinic, Landmark Hospital,
Chandigarh.
 Numerous newspaper articles where she writes under the name Simmi
Waraich, Lectures and talks on Depression, Stress , Drug Abuse
prevention, Sex education etc.

Simmi W & Suresh BM, NZ Chandigarh 2018


Simmi W & Suresh BM, NZ Chandigarh 2018
Disclaimer

 Cases discussed in this workshop are purely imaginary, if


they coincide with any person or person’s life it is purely
co-incidental.

 All discussions will be restricted to MHC Act, 2017

 The discussion generated during the workshop are


guidelines only, they are not the law themselves or not
substitutes for opinions from legal luminaries

 There are many grey areas in the law that needs to be


addressed. This workshop is just a first step towards it

Simmi W & Suresh BM, NZ Chandigarh 2018


Disclaimer

 I am here to discuss and interpret the legislation so that


State Rules can be made easy and implementable

 Clinically correct < Ethically correct < Legally correct


issues are raised but we shall focus on legal correctness
(near to)

 MHC Act, will be interpreted on case by case by the


Mental Health Review Board

 I was involved in drafting rules & regulations (Central)


only

Simmi W & Suresh BM, NZ Chandigarh 2018


Housekeeping Requests……..

 During the discussion, keep your opinions simple


and crisp

 Please do not discuss your or friend’s past cases


(legal issues)

 No need to become emotionally

Simmi W & Suresh BM, NZ Chandigarh 2018


Mental Healthcare Act 2017 is drafted
for whom?

Simmi W & Suresh BM, NZ Chandigarh 2018


Preamble of the Act, Page 1 Simmi W & Suresh BM, NZ Chandigarh 2018
Case Vignette-1

 Miss C, 24 year old female educated up to LLB, practicing law


in High Court of Delhi, married one year back reports with
occasional sadness of mood and easy fatigability since two
months because of marriage related issues. But going to work
regularly.
 She consults a psychiatrist on OPD basis and on assessment
she was suffering from Border Line Personality Disorder.
 She was started on some SSRI medication.
 She developed rashes on her body.
 She wanted to lodged a complaint in Mental Health Review
Board.
 Can she approach the MHRB …………………?
 Should MHRB entertain her case?
Simmi W & Suresh BM, NZ Chandigarh 2018
Questions

 Does Borderline PD is a mental illness as per


MHCA 2017?

 Should MHRB accept her case?

 What is your argument?

Simmi W & Suresh BM, NZ Chandigarh 2018


‘Mental Illness’ means

 Sec 2 (1) s. “mental illness” means a substantial disorder


of thinking, mood, perception, orientation or memory that
grossly impairs judgment, behaviour, capacity to
recognize reality or ability to meet the ordinary demands
of life, mental conditions associated with the abuse of
alcohol and drugs, but does not include mental
retardation which is a condition of arrested or incomplete
development of mind of a person, specially characterized
by subnormality of intelligence

Sec 2 (s) Page 4

Simmi W & Suresh BM, NZ Chandigarh 2018


‘Mental Illness’ means

1) A substantial disorder of thinking, mood,


perception, orientation or memory that
2) Grossly impairs judgment, behaviour, capacity
to recognize reality or
3) Ability to meet the ordinary demands of life

Includes - mental conditions associated with the


abuse of alcohol and drugs
Exclusion – Intellectual Disability (MR)

Simmi W & Suresh BM, NZ Chandigarh 2018


 The ultimate authority to decide on the ‘definition’
of mental illness (as per MHC Act, 2017) rests
with the MHRB (Case by case)

 Role of psychiatrists is to sensitize the MHRB


members/chairperson that all disorders not
associated with ‘substantial’ impairment

 Clinical Vs Legal definition of ‘Mental Illness’

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-2

 Dr P, passed his MD psychiatry recently and


now he is starting his practice in his home town
Lucknow.

 He is consulting in five nursing homes (general


hospital) as a visiting consultant only.

He does not have any designated beds in all these


nursing homes.
He is asking for your expert opinion whether,
Simmi W & Suresh BM, NZ Chandigarh 2018
questions

 Can he admit cases in medicine ward?


 Can he see patients referred inpatient suicidal
attempted cases/delirium cases in medical ICU?
 Does all five hospitals needs to register under
MHC Act, 2017 for admitting psychiatric patients?
 Can he give modified ECT on opd basis without
registration of the nursing home?
 What are penalty for practicing in unregistered
establishments?

Simmi W & Suresh BM, NZ Chandigarh 2018


Registration under which Act?

 MHC Act, 2017


 RPWD Act, 2016
 NDPS Act, 1985
 Clinical Establishment Act,

 Which Act??????????

Simmi W & Suresh BM, NZ Chandigarh 2018


OPD and Mental Health
Establishment
 OPD is not considered as the MHE. The
definition of ‘Mental health establishment’ (MHE) is
mainly for registration only

OPD basis treatment clinics are exempted from


registration but ‘Rights Violation of persons with
mental illnesses’ will be taken by the MHRB’
irrespective of the OP / IP Basis / Faith-healer /
any place/ any person for that matter

Simmi W & Suresh BM, NZ Chandigarh 2018


GH Referrals

 Referral forms made appropriately mentioning


the day, time of visit and on OPD basis

 Avoid inpatient unless registered

 Sec 94 can be utilized

 If psychiatrist is examining the patients ‘who do


not qualify the definition of mental illness of MHC
Act need not require registration’

Simmi W & Suresh BM, NZ Chandigarh 2018


 To admit patients qualifying the definition of
‘mental illness’ as per Sec 2 (1)s of MHC Act,
2017 the hospital needs registration.

 If psychiatrist is admitting patients under sec 89


or 90 (Supported / Involuntary)

Simmi W & Suresh BM, NZ Chandigarh 2018


Mental Health Establishment

 2 (1) (p) “mental health establishment” means any health


establishment, including Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy establishment, by whatever name called,
either wholly or partly, meant for the care of persons with mental
illness, established, owned, controlled or maintained by the
appropriate Government, local authority, trust, whether private or
public, corporation, co-operative society, organisation or any other
entity or person, where persons with mental illness are admitted and
reside at, or kept in, for care, treatment, convalescence and
rehabilitation, either temporarily or otherwise; and includes any
general hospital or general nursing home established or maintained
by the appropriate Government, local authority, trust, whether private
or public, corporation, co-operative society, organisation or any other
entity or person; but does not include a family residential place
where a person with mental illness resides with his relatives or
friends
Sec 2 (p) Page 3 Registration Simmi W & Suresh BM, NZ Chandigarh 2018
Mental Health Establishment

 Anything apart from residential place with family needs


registration
 Registration process is made simple, easy and
transparent (Sec 65, Page 31)
 No need for inquiry in case of provisional reg (sec 66,
Page 32)

Provisional registration (within 10days and valid for


12months)
Permanent registration (within 30days)

 If no communication – it is deemed to be registered


 Appeal to high-court (30days)
Simmi W & Suresh BM, NZ Chandigarh 2018
What are the penalty for serving in a
unregistered mental health
establishment?

Simmi W & Suresh BM, NZ Chandigarh 2018


Penalty for

 107 (2) Whoever knowingly serves in the capacity as a


mental health professional in a mental health
establishment which is not registered under this Act, shall
be liable to a penalty which may extend to twenty-five
thousand rupees

 108 First contravention be punishable with imprisonment


for six months, or with a fine of ten thousand rupees or
with both

 Subsequent contravention with imprisonment for two


years or with fine extending upto to five lakh rupees or
with both
Sec 107 & 108 Page 43 Simmi W & Suresh BM, NZ Chandigarh 2018
Case Vignette-3

 Dr Y, 26yrs unmarried girl was brought to your hospital


by her family members with history of violent behavior,
abusive, assaultive, dancing, disrobing, singing, smiling
to self and wandering behavior. She had past history of
two episodes of mania and had received 7 ECTs
 She is brought to your poly-clinic, which is registered
under MHC Act, 2017.
 She has written AD that, she should be given only
Ayurvedic treatment for her BPAD.
 She has denied ECT in her AD
 Family members are insisting for admission and
treatment under allopathy
Simmi W & Suresh BM, NZ Chandigarh 2018
 Will you admit her in your hospital? Which
clause?
 Will you treat her in your hospital? Which
clause?
 She does not want family members interacting
with the treating team, what will you do?
 If you want to give ECT, what will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


Regarding Admission

 Articulation is clear and almost similar to MHA


1987
 Only reporting to board is added

 Care giver for adolescents

 Amending Advance directives

 ECT is prohibited – Emergency treatment

Simmi W & Suresh BM, NZ Chandigarh 2018


Mental Health Care Act, 2017

Independent Admission Supported Admission


(Voluntary admission) (Involuntary Admission)

Adult (S 86) Minor (S 87) Supported Admission up to Supported Admission beyond


30days (Sec 89) 30days up to 90days (Sec 90)

Request for Request for Request for admission by nominated


admission by admission by representative
himself Nominated Rep

Patient will be Patient will be Patient will be Patient will be


admitted if a admitted if 2 admitted if a admitted if two
medical psychiatrist or medical psychiatrist examine
officer/mental medical officer + officer/mental
health professional Psy / mental health health professional
is satisfied professional+ psy has examines
examined

Intimation to the concerned board within Intimation to the concerned board within
72 hrs for women and children 7days for adult male

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-4

 Mr Z, 56yrs married was brought to your hospital by her


family members with history of suspicious, abusive,
assaultive, damaged house hold articles, talking to self,
smiling to self, poor personal care, disrobing and
wandering behavior since past ten years. Never received
any treatment for mental illness. Mr Z feels that he is
completely alright and denies of any mental illness. He
has not written AD or NR. Today, he is brought to a
nearest nursing home, which is not registered.

 What will you do? Will you admit him?


 Mr Z is refusing to take treatment, what will you do?
Simmi W & Suresh BM, NZ Chandigarh 2018
Emergency treatment (Sec 94)

 Any medical treatment may be provided subject to


 Informed consent of the nominated representative,

 If it is immediately necessary to prevent - danger to


self or to others or the person causing serious damage
to property belonging to self or to others where such
behavior is believed to flow directly from the person’s
mental illness.

 The treatment referred shall be limited to 72 hours only.


 It includes transportation of the patient
 AD & ECT is not applicable during the emergency

Sec 94 Page 38 Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-5

 Mrs X, 35yrs married from urban middle class is


treated for depression by you since past 5years
(X - Corporate hospital). She had revealed her
pre-marriage affair. Now, she has improved and
doing well. She has nominated her husband has
NR.
 Now her husband is requesting for medical
record of his wife’s treatment.
 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


 Irrespective of the status of ‘NR’ – If, she has
capacity do not give any records without her
consent

 An advance directive or nominated


representative made under section 5(3), shall be
invoked only when such person ceases to have
capacity to make mental healthcare or treatment
decisions and shall remain effective until such
person regains capacity to make mental
healthcare or treatment decisions
Sec 5 Page 5 Simmi W & Suresh BM, NZ Chandigarh 2018
Requesting for medical records

 25. (1) All persons with mental illness shall have


the right to access their basic medical records as
may be prescribed

 (2) The mental health professional in charge of


such records may withhold specific information in
the medical records if disclosure would result in,–
(a) serious mental harm to the person with
mental illness; or
(b) likelihood of harm to other persons
Sec 25 Page 13 Simmi W & Suresh BM, NZ Chandigarh 2018
Right to Information vs
Basic Medical Records

22. (1) A person with mental illness and his


nominated representative shall have the rights to
the following information, namely

 the criteria for admission and right to review the


admission
 diagnosis and the proposed treatment plan

(NR will take over only when patient is


incapacitated)
Sec 22 Page 12 Simmi W & Suresh BM, NZ Chandigarh 2018
Modification in your medical records

 Don’t document unnecessary details such as


fantasy, pre-marital affair, extra-marital affair,
masturbatory practices, sexual abuse, child
sexual abuse and other graphical details

 Document collateral information in a separate


page (file)

 Document only the requirement as per the Basic


Medical Record

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-6

 Mr Y approached the family court for divorce on


the basis of his wife Mrs X is suffering from
mental illness.

 The court wants to know, whether she has illness


or not?

 Court is asking for medical records / documents,


What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


Dispute on proof of Mental Illness

 105. If during any judicial process before any


competent court, proof of mental illness is
produced and is challenged by the other party,
the court shall refer the same for further scrutiny
to the concerned Board and the Board shall,
after examination of the person alleged to have a
mental illness either by itself or through a
committee of experts, submit its opinion to the
court.

Sec 105 Page 43 Simmi W & Suresh BM, NZ Chandigarh 2018


Right to confidentiality

 23(2)f - release of information upon an order by


concerned Board or the Central Authority or High
Court or Supreme Court or any other statutory
authority competent to do so; and

 Suggestion – do not withhold any information if


there is any cognizable offences is committed

Sec 23 Page 13 Simmi W & Suresh BM, NZ Chandigarh 2018


CASE VIGNETTE 7

 A 28 yr old lady was brought to the hospital by


her husband and mother. She is pregnant and
talking to herself. She reports auditory
hallucinations, has decreased self care. Insight is
absent. She is 5 months pregnant and the
husband does not want treatment as he fears it
may harm the unborn child. The mother wants
treatment.
 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


 Husband is the legal NR if the person has not
nominated an NR. However, if the patient has
capacity admit.
 If not Mother can write to the MHRB or Treating
Psychiatrist can write to the MHRB after she is
examined by Psychiatrist and another Medical
practitioner and it is found that it is against her
best interests to let her go untreated.
 NR shall consider the current &past wishes, life
history, values, cultural values and the BEST
INTERESTS of PWMI.
(Sec14 &17 Page 7 & 8) Simmi W & Suresh BM, NZ Chandigarh 2018
Case Vignette-8

 Mr Z, 25 year male admitted in a rehabilitation


under Sec 90 wants to exercise his right to
personal contacts and communication. He wants
to make a phone call. He is demanding for phone
call facility, since it is ‘ Right to personal contacts
and communication’

 How will you facilitate the right to personal


contacts and communication?

Simmi W & Suresh BM, NZ Chandigarh 2018


26 Right to personal contacts and
communication

 You will not stop him from communicating (at


reasonable times subject to the norms of such
mental health establishment) Sec 26 (1)

 State shall provide the (reasonable) facilities for


communication. The requisition has to go to the
board
 Let the family can decide about the mobile
 Signal Jammer (area / ward)

Sec 26 Page 14 Simmi W & Suresh BM, NZ Chandigarh 2018


Notice Board Display

 MHRB members phone number


 Legal Aid phone number
 State Mental Health Authority number
 State Human Rights Commission number
 Women / Child Commission
 Local Police Number

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-9

 Mrs X, 59yrs widow comes to your hospital, where her


son is taking treatment for BPAD and Borderline PD since
past 9years
 He had multiple episodes and each episode is
precipitated by drug default
 Mother reports that her son had relapsed since past one
week and refusing to come for consultation. He is
refusing to take medicines.
 She is requesting for prescription.
 She is reporting that she will give covert medication
 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


Proxy care consultation

 Proxy consultations should be avoided


 It is a risk you are taking
 Take permission from MHRB (families to approach
the MHRB)
 Preauthorization letter???????????
 Tele-medicine facility can be leveraged
 Avoid covert medication and proxy consultation

Sec 4 (Page 5)

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-10

 Mr 24 year old male suffering from Mania


without psychotic symptoms was admitted to
your hospital three days back under sec 89.

 But now, he has escaped from your hospital.

 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


 Sec 92 – If any person to whom section 103 (prisoner
with mental illness) applies absents himself without leave
or without discharge from the mental health
establishment, he shall be taken into protection by any
Police Officer at the request of the medical officer or
mental health professional in-charge of the mental health
establishment and shall be sent back to the mental health
establishment immediately.

 Law is silent – need to evolve local policy or professional


body stand
 Best practice - to facilitate missing complaint & issue
certificate
Sec 92 Page 38 Simmi W & Suresh BM, NZ Chandigarh 2018
FIR for searching family members

 100 (7) In case of a person with mental illness


who is homeless or found wandering in the
community, a First Information Report of a
missing person shall be lodged at the concerned
police station and the station house officer shall
have a duty to trace the family of such person
and inform the family about the whereabouts of
the person

Sec 100(7) Page 41 Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-11

 Mrs V, a 35 yr old with a 4 yr old daughter comes


to a pediatric OPD. It is noticed by the Doctor
that child was sexually abused by someone –
What needs to be done? The mother seems to
be having a mental illness. There is no husband
or other caregiver.

Simmi W & Suresh BM, NZ Chandigarh 2018


POCSO and Who Will be the NR in case of
no relative

 Under POCSO, Child Helpline and District CPO/ State


Child Welfare Committee informed

 Chapter IV section 14 (4)- Where no NR is appointed by


the person under sub section (!) , the following persons
for the purposes of this Act shall be deemed to be the NR
of a person with Mental illness-

 …..If no person is available to be appointed as a


nominated representative the board shall appoint the
Director, Department of Social Welfare or his/her
designated representative as the NR.
Sec 14 (4)e Page 7 Simmi W & Suresh BM, NZ Chandigarh 2018
Case Vignette-12

 Family is requesting to keep Mr. P, 35yrs,


unmarried, diagnosed to be suffering from a
chronic schizophrenia patient in your half way
home for long duration (5 years)

 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


Admission

(i) has consistently over time threatened or


attempted to cause bodily harm to himself; or

(ii) has consistently over time behaved violently


towards another person or has consistently over
time caused another person to fear bodily harm
from him; or

(iii) has consistently over time shown an inability to


care for himself to a degree that places the
individual at risk of harm to himself;
Sec 89 Page 34, Sec 90 (1) Page 36 Simmi W & Suresh BM, NZ Chandigarh 2018
Admission

 Information to the MHRB with in 7 days


 MHRB has to provide, with in 21 days, shall
permit/deny such admission
 If MHRB doesn’t respond, reminder letters until
they respond
 Continue to treat
 If MHRB does not exist in your jurisdiction, inform
Chair person of the state mental health authority
and state legal services authority (legal aid)

Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-13

 Ms L, 26 years old unmarried advocate diagnosed to be


suffering from P Schiz since past 8years. Recently, she
had stopped medicine and became violent. She was
admitted against her wish for few days in a registered
Mental health establishment.
 After her discharge, she has approached various forums
like SHRC, NHRC, IMC/SMC, PVT hospital/clinical
establishment act, Information commissioner, Civil Court
and District Consumer forum challenging the decision of
psychiatrist to admit against her consent.
 Is she authorized to do so?

Simmi W & Suresh BM, NZ Chandigarh 2018


Bar of jurisdiction

 116. No civil court shall have jurisdiction to


entertain any suit or proceeding in respect of any
matter which the Authority or the Board is
empowered by or under this Act to determine,
and no injunction shall be granted by any court
or other authority in respect of any action taken
or to be taken in pursuance of any power
conferred by or under this Act.

Sec 116 Page 47 Simmi W & Suresh BM, NZ Chandigarh 2018


82. Power & Function of the board

 to register/review/alter/modify or cancel an advance


directive and NR;
 matter related to section 87 or section 89 or section 90;
 diagnosis of illness (sec 105)
 non-disclosure of information
 to complain regarding deficiencies in provision of care,
treatment and services in a mental health establishment
 the Board, in consultation with the Authority, may take
measures to protect the rights of persons with mental
illness

Sec 82 Page 31 Simmi W & Suresh BM, NZ Chandigarh 2018


Act to have overriding effect.

 120. The provisions of this Act shall have


overriding effect notwithstanding anything
inconsistent therewith contained in any other law
for the time being in force or in any instrument
having effect by virtue of any law other than this
Act.

Sec 120 Page 47 Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-14

 Ms R, 23 yrs old married female is admitted in


your hospital under sec 90.

 She is refusing to give consent for treatment.

 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


Capacity to make mental healthcare
and treatment decisions

 4. (1) Every person, including a person with


mental illness shall be deemed to have
capacity to make decisions regarding his mental
healthcare or treatment

(onus of proving is on PSYCHIATRIST / remote


possibility is family members / others)

Simmi W & Suresh BM, NZ Chandigarh 2018


Capacity to make mental healthcare
and treatment decisions.

 4. (1) Every person, including a person with mental illness shall be


deemed to have capacity to make decisions regarding his mental
healthcare or treatment if such person has ability to—

 (a) understand the information that is relevant to take a decision on


the treatment or admission or personal assistance; or (and)

 (b) appreciate any reasonably foreseeable consequence of a


decision or lack of decision on the treatment or admission or
personal assistance; or (and)

 (c) communicate the decision under sub-clause (a) by means of


speech, expression, gesture or any other means

Sec 4 Page 5 Simmi W & Suresh BM, NZ Chandigarh 2018


Capacity to consent for treatment

(a) understand the information that is relevant to


take a decision on the treatment or admission or
personal assistance; (Comprehension)

(b) appreciate any reasonably foreseeable


consequence of a decision or lack of decision on
the treatment or admission or personal assistance;
(weighing the risk)

(c) communicate the decision


Simmi W & Suresh BM, NZ Chandigarh 2018
 Admission is clear

 For treatment – one needs to assess the


capacity

 Mental Capacity is Specific to task –


Admission / Treatment / Research / ECT

 Competence is a broad categorical legal term of


Loss of Personhood (Person before the law)
Simmi W & Suresh BM, NZ Chandigarh 2018
Expert Committee

 81. (1) The Central Authority shall appoint an


Expert Committee to prepare a guidance
document for medical practitioners and mental
health professionals, containing procedures for
assessing, when necessary or the capacity of
persons to make mental health care or treatment
decisions.

Sec 81 Page 31 Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette-15

 Ms S was brought to your hospital with history of


suicidal attempt by consuming sleeping pills 24
hours back.

 What will you do?

Simmi W & Suresh BM, NZ Chandigarh 2018


De-criminalizing suicide

 Section 115 of the Act provides for


decriminalizing suicidal attempts (Sec 309 IPC).
A person who attempts suicide shall be
presumed to be suffering from mental illness
(stress) at that time and will not be punished
under the Indian Penal Code

 General Medical Condition - treat


 Any doubt make it MLC
 Let the police investigate for abetment of suicide
Sec 115 Page 46 Simmi W & Suresh BM, NZ Chandigarh 2018
Case Vignette-16

 What are the utmost precautions you should take


under MHCA 2017?

Simmi W & Suresh BM, NZ Chandigarh 2018


Keep an eye on Prohibitions and
Restrictions

a) Psychosurgery only after consent & Board clearance


b) Restraint
 If it is the only way to prevent imminent and immediate harm
to self or others
 Authorized by the psychiatrist in-charge
 As less a time as is permissible
c) Unmodified electro-convulsive therapy-totally prohibited
d) Sterilization- totally prohibited
e) Chaining/seclusion/solitary confinement - prohibited
f) ECT is prohibited in minors (except with prior clearance
from the board)

Sec 95 Page 39 Simmi W & Suresh BM, NZ Chandigarh 2018


Case Vignette -17

 You are working in a medical college/hospital


with 2MD/2DNB students per year. You have
taken registration for your hospital.
 Your MD students are doing thesis.
 What are the steps to be taken to do or to
facilitate research in your medical college?

Simmi W & Suresh BM, NZ Chandigarh 2018


Sec 99

 Ethics committee
 Informed consent from PWMI

 If doing research on PWMI, who are unable to


give consent …..
NR consent (Proxy Consent)
State Mental Health Authority

Sec 99 Page 40 Simmi W & Suresh BM, NZ Chandigarh 2018


Role of Magistrate

 What is the role of Magistrate under MHC Act,


2017?

Simmi W & Suresh BM, NZ Chandigarh 2018


 Sec 100 - Role of police (Wandering or
Dangerous to self or others)
 Sec 101 – To produce in front of the court
 Sec 102 – Magistrate will commit into a public
mental health establishment for 10days only.
The medical officer or mental health professional
in charge of the mental health establishment
shall submit a report to the Magistrate and the
person shall be dealt with in accordance with the
provisions of this Act
Sec 100, 101, 102 Page 41, 42 Simmi W & Suresh BM, NZ Chandigarh 2018
Summary and conclusions

 Defensive practice is going to increase


 Non hospitals – will refuse
 Advance directives / Nominated representative are going
to increase litigation and our paper work
 Need to have more work force for documentation which
will increase Mental Health Care costs
 Manpower issues needs to be addressed (UG training)
 Indemnity insurance is essential
 Risk management is the first and the treatment comes
next
 Documentation needs to short and crisp (basic minimum
record)
Simmi W & Suresh BM, NZ Chandigarh 2018
Dr Suresh Bada Math, MD, DNB, PGDMLE, PGDHRL, PhD in Law
Professor of Psychiatry
NIMHANS, Bangalore
Mob: 9845141918
sureshbm@gmail.com
Simmi W & Suresh BM, NZ Chandigarh 2018

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