PART III

Admission and Discharge Procedures

13. —Nothing in this Part shall be read as preventing or discouraging a person from being admitted voluntarily for care and treatment in a psychiatric centre.

14. —A registered medical practitioner shall, for the purposes of sections 15 , 16 , and 19 , be disqualified in relation to a person—

(a) if the practitioner is the husband or wife, father, stepfather or father-in-law, mother, stepmother or mother-in-law, son, stepson or son-in-law, daughter, stepdaughter or daughter-in-law, brother, stepbrother or brother-in-law, sister, stepsister or sister-in-law or the uncle, aunt, nephew or niece by consanguinity or affinity or guardian or trustee of the person, or

(b) if the practitioner is employed in or by the psychiatric centre in which it is desired to have the person received or has charge of patients in the centre, or

(c) where the centre is a registered psychiatric centre, if the practitioner is a member of the governing body of or is the person carrying on or in charge of that psychiatric centre.

15. —(1) Where it is desired to have a person received, detained and treated in a psychiatric centre application in the prescribed form may be made to a registered medical practitioner for a recommendation (in this Act referred to as a recommendation for reception) for the reception, detention and treatment of that person in that centre.

(2) An application for a recommendation for reception of a person may be made—

(a) by a parent or guardian of that person,

(b) by the spouse of that person ordinarily resident with that person, or by a brother or sister of that person being so resident and being over 18 years of age,

(c) by a son or daughter of that person being over 18 years of age,

(d) at the request of a parent, guardian or spouse, or of a brother, sister, son or daughter being over 18 years of age, by an authorised officer,

(e) under section 16 by a member of the Garda Síochána,

(f) subject to subsection (3), by an authorised officer, or

(g) subject to subsection (3), by any other person.

(3) In the case of an application under subsection (2) (f) or (g), the application shall contain a statement of the reasons why it is so made, of the connection of the applicant with the person to whom the application relates and of the circumstances in which the application is made.

16. —(1) Where a member of the Garda Síochána is of opinion or is informed by an authorised officer that he is of opinion that a person is suffering from mental disorder of such a degree that he should, in the interest of his own health or safety or for the protection of other persons or property, be placed forthwith under care and control, he may take the person into custody and remove him to a Garda Síochána station.

(2) Where a member of the Garda Siochána removes a person under this section, he shall apply forthwith in the prescribed form to a registered medical practitioner for a recommendation for reception of the person in a psychiatric centre.

(3) A member of the Garda Síochána shall for the purpose of this section have the right to enter without warrant any house or other premises where he believes the person referred to may be.

17. —(1) Subject to sections 29 and 31 , it shall not be lawful to detain a person under this Act elsewhere than in a district psychiatric centre designated for the area in which he ordinarily resides or in a registered psychiatric centre approved in respect of such an area or generally.

(2) Subsection (1) shall not prevent the admission of a person as a temporary arrangement pending his transfer to a designated centre or the admission of a person as the private patient of an authorised medical practitioner.

18. —Where, after refusal of an application, a further application for a recommendation for reception is made in relation to the same person within a period of 3 months after the date of the previous application, the applicant, so far as he is aware of the facts relating to the previous application and its refusal, shall state these facts to the registered medical practitioner to whom the application is made.

19. —(1) (a) A recommendation for the reception of a person in a psychiatric centre shall require the written recommendation in the prescribed form of two registered medical practitioners (or, in a case to which subsection (1) (b) applies, one registered medical practitioner) in accordance with the following provisions of this section.

(b) The Minister may by regulations designate an area or prescribe the circumstances in which the written recommendation of one registered medical practitioner shall be sufficient.

(2) Where a registered medical practitioner receives an application for a recommendation for reception under this Part, he shall examine the person as soon as may be after receiving the application and may—

(a) make a recommendation for reception, or

(b) refuse to make a recommendation.

(3) Where in a case to which subsection (1) (a) applies a registered medical practitioner makes a recommendation for reception the applicant may within 7 days or, in a case to which section 16 applies, 24 hours of the making of the recommendation, apply in the prescribed form to another registered medical practitioner for a recommendation for reception.

(4) On receipt of the application the other registered medical practitioner shall act in accordance with the provisions of subsection (2).

(5) A recommendation for reception shall—

(a) state the date on which the registered medical practitioner has examined the person and shall be signed by the registered medical practitioner on the date of the examination,

(b) certify that he is satisfied—

(i) that the person is suffering from mental disorder of such a degree that detention and treatment in a psychiatric centre are necessary in the interest of the person's health or safety or for the protection of other persons or property, and

(ii) that the person is not prepared to accept or is not suitable for treatment otherwise than as a detained patient; and

(c) contain a statement of the facts upon which the registered medical practitioner has formed his opinion, distinguishing facts observed by himself and facts communicated by others.

(6) Where a registered medical practitioner proposes to make a recommendation he shall inform the person to whom it relates, and the applicant, of his intention.

20. —A recommendation for reception shall not be made in respect of a special psychiatric centre.

21. —(1) Where a registered medical practitioner making a recommendation for reception of a person certifies that an escort is required to ensure that the person is safely brought to a psychiatric centre, the medical officer in charge of the centre shall arrange for the escort of the patient.

(2) The medical officer in charge of a psychiatric centre to which it is proposed to convey a person, to whom a recommendation for reception relates, may if he thinks it necessary request the assistance of the Garda Síochána in arranging such an escort.

(3) The Garda Síochána shall, if so requested, provide the escort.

22. —(1) Where a recommendation for reception is made, the applicant for the recommendation or any person authorised by him or, in the case of a recommendation for reception made pursuant to section 16 , any member of the Garda Síochána or an escort authorised under section 21 may, subject to this section, bring the person to whom the recommendation relates to a psychiatric centre.

(2) Where the person is not brought to a centre within 7 days after the day on which the recommendation is made, the recommendation shall, subject to subsection (3), cease to have effect.

(3) Where, within the period of 7 days, one of the medical practitioners making the recommendation certifies that the person will not be fit to be removed until after the expiration of that period the recommendation shall not cease to have effect on the expiration of that period but, if the person is not brought within a further 7 days to a psychiatric centre, the recommendation shall then cease to have effect.

23. —(1) Where a person is brought to a psychiatric centre in accordance with the provisions of this Act the person shall be received in the psychiatric centre by a medical officer of the centre who shall examine the person as soon as may be after the arrival of the person at the centre.

(2) For the purposes of examination and assessment by an authorised medical practitioner or practitioners the medical officer who examined the person may make an order in the prescribed form detaining the person in the centre for a period not exceeding 48 hours after his arrival.

(3) Within the period specified at subsection (2) an authorised medical practitioner of the psychiatric centre shall either—

(a) make an order in the prescribed form (in this Part referred to as a reception order) that the person shall be received, detained and treated in the centre, or

(b) discharge the person.

24. —(1) A reception order shall be in the prescribed form and shall provide for the reception, detention and treatment of the person for a period not exceeding 28 days from the date of his admission to the specified psychiatric centre.

(2) The period of validity of a reception order may, in accordance with this section, be extended from time to time by order (in this section referred to as an extension order) signed by two authorised medical practitioners each of whom has separately examined the person and every extension order shall be deemed to form part of the reception order to which it relates.

(3) An extension order shall be made before the expiration of the current period of detention of the person and shall be for a period—

(a) in the case of a first extension, not exceeding 3 months from the date of admission of the person to the centre,

(b) in any other case, not exceeding 12 months from the expiration of the current period of detention.

(4) Where a reception order or extension order is made in respect of a person in any centre the medical officer in charge of the centre shall forthwith inform the person, the applicant for the recommendation for reception and the registered medical practitioners or practitioner who signed the recommendation of that fact, of the reason for the extension and of the right to a review under section 38 .

25. —Where a reception order is made the medical officer in charge of the psychiatric centre to which the order relates and the officers and servants of the centre shall receive the person to whom the order applies and detain him subject to the provisions of this Act.

26. —(1) A health board may, subject to any regulations which the Minister may make in that behalf, make and carry out an arrangement for the boarding in a private dwelling (whether within or outside its functional area) of a person undergoing or requiring care at a psychiatric centre, psychiatric home or centre for mentally handicapped persons.

(2) The regulations may, in particular, provide for a right of inspection of the dwelling in which persons are boarded and for the making of payments to persons with whom they are boarded.

27. —(1) Where a person detained in a psychiatric centre or other place under an order made under section 23 (2) or under a reception order (adapted, where appropriate, by virtue of section 29 (5) or 31 (7)) absents himself without permission he may, during the period of currency of the order, be brought back to that centre or place by persons employed at that centre or place or by a member of the Garda Síochána.

(2) A member of the Garda Síochána shall for the purpose of this section have the right to enter without warrant any house or other premises where he believes the person referred to may be.

28. —(1) The medical officer in charge of a psychiatric centre or the authorised medical practitioner with specific responsibility for the care of a particular person detained in the centre may permit the person to be absent from the centre for a period or extended period amounting to less than the unexpired number of days provided for in the current detention order.

(2) Where a person absent under this section does not return on the expiration of the period or the extended period during which he is permitted to be absent and a certificate of any authorised medical practitioner certifying that his detention is no longer necessary is not furnished to the medical officer in charge of the psychiatric centre, he shall be deemed to have absented himself without permission and section 27 shall apply accordingly.

(3) Where a person is permitted to be absent from a centre under this section the permission may be withdrawn at any time by the medical officer in charge of the centre or the authorised medical practitioner with specific responsibility for the care of that person and if the person, on being notified of the withdrawal, does not immediately return to the centre he shall be regarded as having absented himself without permission and section 27 shall apply accordingly.

29. —(1) A person detained in a psychiatric centre may, in his own interest, be transferred to another psychiatric centre in accordance with this section after consultation with the person and, if available, with the applicant for the recommendation for reception of the person in the centre.

(2) (a) A transfer from a district psychiatric centre shall be made by the health board.

(b) A transfer from a registered psychiatric centre shall be made by the medical officer in charge of the centre with, in the case of a person maintained in the centre at the expense of a health board, the consent of that board.

(c) A transfer to a district psychiatric centre in the functional area of another health board shall be made only with the consent of that board.

(d) A transfer to a registered psychiatric centre shall be made only with the consent of the medical officer in charge of the centre.

(3) (a) Where the medical officer in charge of a psychiatric centre is of opinion that it is necessary or would be for the benefit of the health of a person detained in the centre that he should be temporarily transferred for treatment and care in another centre or in a place other than a psychiatric centre he may arrange for the transfer of the person accordingly.

(b) The person may be transferred to and detained in that centre or place for as long as, in the opinion of the medical officer in charge of that centre or place, it is necessary and, subject to the provisions of this Part, he may afterwards be taken back to and detained in the psychiatric centre in which he was previously detained.

(4) A person shall not be transferred under this section to a special psychiatric centre.

(5) Where a person is transferred under this section, the reception order under which he was detained shall have effect as if it specified the centre or place to which he is transferred as a centre or place in which he is to be detained.

30. —(1) The Minister may designate a district psychiatric centre or part of any such centre as a special psychiatric centre for the transfer under section 31 of a specified category or categories of patient and may discontinue any such designation.

(2) For the purposes of this Act, the Central Mental Hospital shall be a special psychiatric centre.

31. —(1) Where a person is detained under this Act in a district or registered psychiatric centre and, in the opinion of the medical officer in charge of the centre, his mental condition is such that he should be transferred to a special psychiatric centre, he may make a recommendation to the appropriate review board for such transfer.

(2) The review board may, if it so thinks fit, direct the transfer of the person to a special psychiatric centre.

(3) Before the person is transferred, the review board shall give at least 7 days notice of its direction to that person and to—

(a) the applicant for the recommendation for reception in pursuance of which he is detained, where the application was made under paragraph (a), (b), (c), (d) or (g) of section 15 (2),

(b) the committee, if any, of the person.

(4) If it is not found practicable to give notice of the direction to the applicant referred to in subsection (3) (a), the notice shall be given to some other relative within the categories mentioned in section 15 (2).

(5) (a) The person to be transferred, his committee or next friend, the applicant for the recommendation for reception or the person to whom notice was given under subsection (4) may within the period of 7 days mentioned in subsection (3) or such further period as may be provided for by rules of court, apply to the High Court to have the direction of the review board discharged and the person shall not be transferred to the special psychiatric centre pending the appeal.

(b) If the High Court, having considered the application, such evidence as may be adduced and any representations made by or on behalf of the person detained, is satisfied that it would be proper to do so, the court may confirm the direction.

(c) If the court is not so satisfied, it shall discharge the direction.

(6) On being transferred under this section, the person shall be detained in the special psychiatric centre until, under this section, he is sent back to the centre from which he was transferred or is discharged.

(7) A person transferred to a special psychiatric centre under this section shall be regarded as detained under the reception order made in respect of him under this Act.

(8) The review board which directed the transfer of a person under subsection (2) may direct that he be sent back to the psychiatric centre from which he was transferred or direct his transfer to another psychiatric centre with the agreement of the person maintaining that centre and his detention under the direction shall be regarded as detention under the reception order.

(9) Where the medical officer in charge of a special psychiatric centre with the consent of the review board which directed the transfer of a person under subsection (2) certifies that the detention and treatment of that person are no longer necessary, the medical officer in charge of the centre shall discharge that person.

(10) (a) Where the medical officer in charge of a special psychiatric centre is of opinion that it is necessary or would be for the benefit of the health of a person detained in the centre that he should be temporarily transferred for treatment and care in another centre or place, he may arrange for the transfer of the person accordingly.

(b) The person may be transferred to and detained in that centre or place for so long as, in the opinion of the medical officer in charge of the centre or place, it is necessary and, subject to the provisions of this section, he may afterwards be taken back to and detained in the special psychiatric centre in which he was previously detained.

32. —(1) Where, in respect of a person detained in a psychiatric centre, the medical officer in charge of the centre or the authorised medical practitioner with special responsibility for the care of that person is satisfied that detention and treatment in the centre are no longer necessary in the interests of the person's health or safety or for the protection of other persons or property he shall discharge the person.

(2) A person who is under care in a psychiatric centre otherwise than as a detained patient may give written notice to the medical officer in charge of the centre that he wishes to leave the centre not earlier than twenty-four hours after giving the notice and he shall be entitled and shall be allowed to leave the centre at any time after the expiration of the said twenty-four hours.