The Mental Health Act 2001

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Date:
02 November 2006

Category:
General FAQs

Question:
What is the correct procedure for admitting a patient in the following scenario? Regarding a patient who is in A&E, the A&E Medical Practitioner refers his/her patient for mental health evaluation. The findings are that the person needs in-patient psychiatric care but the person is unwilling to come into hospital voluntarily. Please advise.

Answer:

With regard to the above scenario, if the medical practitioner who examines the patient in the A&E department is satisfied following examination of the patient that this person is suffering from a mental disorder the following procedures may take place:

Step 1: Application to a registered medical practitioner for a recommendation for involuntary admission.  (Section 9 Mental Health Act, 2001)

An application can be made by the following:

1. Spouse or relative of the person (FORM 1)

2. Authorised officer (FORM 2)

3. A member of the Garda Siohana (FORM 3)

4. Any other person (FORM 4)

(provided they are not disqualified by law as per Section 9(2) Mental Health Act, 2001).

Step 2: A recommendation may be made by a registered medical practitioner (RMP) if he/she is satisfied the person is suffering from a mental disorder; this is done by completing FORM 5 (Section 10 Mental Health Act 2001).

Step 3: The person can then be brought to the approved centre specified in FORM 5.  The applicant is responsible for the removal of the person to the approved centre.  However if the applicant is unable to do so at the request of the RMP, the Clinical Director of the approved centre shall arrange for the removal of the person to the approved centre by members of staff of the approved centre (Section 13 Mental Health Act, 2001).

Step 4: A consultant psychiatrist on the staff of the approved centre must examine the person concerned within 24 hours of the person's arrival a tthe approved centre.  Folowing this examination of the person if the consultant psychiatrist is satisfied the person is suffering from a mental disorder FORM 6 (Involuntary Admission Order for up to 21 days) is completed to that effect. (Section 14 Mental Health Act, 2001)

Please see the information leaflets on our website at www.mhcirl.ie/refmaterial.htm



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