PART IV

Safeguards for Patients

33. —(1) Any person may apply to a health board for information as to whether a particular person is detained in a special or district psychiatric centre in the functional area of the health board and, if he is so detained, as to the name and address of the centre and the name of the medical officer in charge of it.

(2) Any person may apply to the medical officer in charge of a district, special or registered psychiatric centre for—

(a) information as to whether a particular person is detained in the centre,

(b) a copy of the reception order under which a particular person is detained,

(c) the name of the applicant for a recommendation for the reception of a particular person,

(d) the name of any registered medical practitioner who made a recommendation in relation to that person.

(3) An application under this section shall be in writing and shall be granted if the health board or the medical officer, as the case may be, is satisfied that the application is made in good faith in the interest of the person in respect of whom it is made and that it would be in accord with that person's interest to grant it.

(4) Where the application is refused the health board or medical officer shall so inform the applicant in writing.

(5) A person whose application is refused may apply to the judge of the Circuit Court for the circuit where the health board has its office or the centre is located, as the case may be, for an orderdirecting the health board or the medical officer in charge of the centre to furnish the information and documents required and the health board or medical officer shall comply forthwith with any such order.

34. —(1) The medical officer in charge of a psychiatric centre shall, upon the making of a reception order under which a person is to be detained in the centre, give that person a copy of the order and a copy of the recommendation for his reception and, upon the making of any extension order, he shall give that person a copy of the order.

(2) The medical officer in charge of a psychiatric centre shall, upon the making of a reception order under which a person is to be detained in the centre, give that person a statement in writing of his rights and entitlements under this Act.

(3) The medical officer in charge of a psychiatric centre or special psychiatric centre shall, on reasonable request, give a person detained in the centre a copy of every document referred to in subsection (1) or (2).

(4) The medical officer in charge of a special, district or registered psychiatric centre from which a detained person is discharged shall, upon request made within twelve months after his discharge, give that person a copy of the reception order under which he was detained and of any extension order and a copy of the recommendation for his reception.

35. —Every letter written by a person (being a patient) in a special, district or registered psychiatric centre shall be delivered or posted unopened and the medical officer in charge of the centre shall cause the necessary facilities for writing, delivery or posting to be provided.

36. —(1) A designated medical officer of the Minister shall visit and inspect once in each year every special, district and registered psychiatric centre and shall report to the Minister on the visit.

(2) Any officer of the Minister shall be entitled to visit and inspect any such centre or a psychiatric home as and when authorised by the Minister to do so.

(3) It shall be the duty of the person maintaining a centre or home to afford to he person making the inspection such facilities and information as he requires for the purposes of his inspection.

37. —(1) There shall be a psychiatric review board or boards for each health board area.

(2) A review board shall consist of three persons to be appointed by the Minister one of whom shall be a person who is or has been a barrister or solicitor who has practised his profession for at least 7 years, one an authorised medical practitioner and one a person who is not a member of the legal or medical profession.

(3) The Minister shall nominate a member of a review board to be the chairman of the board.

(4) In the event of any member of the review board being unable to act or being debarred under subsection (7) from acting for a particular sitting the chairman shall replace him by an appropriate person from a panel of persons to be appointed by the Minister.

(5) The chairman of a review board shall nominate another member of the board to be chairman for a particular sitting of the board in the event of the former being unable to act.

(6) The duration of membership of a review board or of a review board panel shall be 3 years unless the member dies, resigns or is removed by the Minister but a member may be reappointed to a board or to a panel.

(7) In relation to the review of any particular case a member of a review board shall not be a relative of the patient, within a category described in section 14 (a), have a professional relationship with him or be a member of the staff of the centre in which the patient is detained.

(8) The Minister may pay to members of a review board such remuneration and expenses as he may determine after consultation with the Minister for the Public Service.

(9) A health board shall make available to a review board the necessary staff, accommodation and other facilities to enable the review board to perform its functions under this Act.

38. —(1) An application may be made to a review board to review the detention of any person detained in a special, district or registered psychiatric centre or the conditions applying to a person discharged conditionally.

(2) The application shall be granted where it is made by the person detained or by—

(a) a parent or guardian of that person,

(b) the spouse of that person, or a brother or sister of that person being over 18 years of age,

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

(3) Where the Minister, the President of the High Court or the Registrar of Wards of Court makes the application, it shall be granted.

(4) Where some other person makes the application, it may be granted or refused at the discretion of the board.

(5) Where an application is granted the examination shall take place within one month.

(6) The manner of making applications and the procedure of a review board, including the making of arrangements by it for an independent medical examination of the patient, may be prescribed.

39. —(1) Where a review board carries out an examination under section 38 of a person who is in detention it shall, as it thinks proper—

(a) decide that the person should not be discharged, or

(b) direct the discharge of the person either unconditionally or subject to conditions in regard to his continuing care or supervision.

(2) Before directing the discharge of a person a review board shall satisfy itself 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.

(3) Where the review board directs the discharge of the person the medical officer in charge of the centre shall discharge him forthwith, subject to any conditions specified by the review board.

(4) Where a review board, following examination, agrees that a person should not be discharged, an application for a further examination of that person shall not be accepted by the board within a period of 6 months from the date of the previous examination.

(5) Where a review board, following examination, decides that a person should not be discharged, the applicant may within one month of being informed of the decision of the board, appeal to the Minister against the decision.

(6) Where an appeal is made to the Minister under subsection (5) the Minister shall designate a medical officer of the Minister or an authorised medical practitioner to examine the person and to report to him. The Minister, having examined the report, shall, as he thinks proper, refuse the appeal or direct the discharge of the person conditionally or unconditionally and the medical officer in charge of the centre concerned shall discharge him in accordance with the direction of the Minister.

(7) A review board shall for the purposes of an examination under this section have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairman of the review board or by such other member of the board as may be authorised by the board for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(8) A review board may decide any question by any two of its members.

40. —(1) Where a review board carries out an examination under section 38 of a person who has been discharged conditionally, it shall, as it thinks proper—

(a) confirm the conditions applying to him,

(b) vary or cancel the conditions, or

(c) cancel the direction for his discharge and make an order in the prescribed form directing that he be received and detained for treatment in a psychiatric centre (not being a special psychiatric centre) in accordance with the provisions of this section.

(2) A direction under subsection (1) (c) shall have effect as if it were a reception order.

(3) (a) For the purpose of bringing and escorting the person to whom the reception order relates to the appropriate psychiatric centre the order shall be deemed to be a recommendation for his reception at the centre.

(b) Sections 21 and 22 shall apply accordingly subject to the modification that a certificate under section 21 (relating to an escort) may be given by the review board.

(4) Where a review board, following examination, confirms the conditions relating to a person, an application for a further examination of that person shall not be accepted by the board within a period of 6 months from the date of the previous examination.

(5) Where a review board, following examination, orders the detention of a person that person or the applicant for the examination may, within one month of being informed of the decision of the board, appeal to the Minister against the order.

(6) Where an appeal is made to the Minister under subsection (5) the Minister shall designate a medical officer of the Minister or an authorised medical practitioner to examine the person and to report to him on the continued detention of the person. The Minister, having examined the report shall, as he thinks proper, refuse the appeal or direct the discharge of the person conditionally or unconditionally and the medical officer in charge of the centre concerned shall discharge him in accordance with the direction of the Minister.

41. —(1) Where a person has been in detention under this Act in a district, special or registered psychiatric centre for a period of 2 years the medical officer in charge of the centre shall, if the person's detention has not been reviewed by a review board during the preceding 6 months, furnish a report on him to the appropriate review board within one month and the board shall review the detention and shall, as it thinks proper—

(a) decide that the person should not be discharged, or

(b) direct that he be discharged unconditionally or subject to conditions in regard to his continuing care or supervision.

(2) Before directing the discharge of a person, the board shall satisfy itself that detention and treatment in the centre are no longer necessary in the interest of the person's health or safety or for the protection of other persons or property.

(3) Where the review board directs the discharge of a person, the medical officer in charge of the centre shall discharge him forthwith, subject to any conditions specified by the review board.

(4) In respect of a person whose detention is continued, the authorised medical practitioner with specific responsibility for the care of the person in the centre shall furnish a report on the person to the review board at the end of each subsequent two-year period of detention and the board shall act in accordance with the provisions of this section.

(5) Where a review board under this section reviews the detention of a person and decides that he should not be discharged, that person, or—

(a) the parent or guardian of that person,

(b) the spouse of that person,

(c) a brother or sister of that person being over 18 years of age, or

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

may, within one month of being informed of the decision of the board, appeal to the Minister against the decision.

(6) Where an appeal is made to the Minister under subsection (5) the Minister shall designate a medical officer of the Minister or an authorised medical practitioner to examine the person concerned and to report to him. The Minister, having examined the report, shall, as he thinks proper, refuse the appeal or direct the discharge of the person conditionally or unconditionally and the medical officer in charge of the centre shall discharge him in accordance with the direction of the Minister.

(7) In relation to persons who, at the commencement of this section, have been in detention for two years or more, the Minister may by order extend the period after which a review board may be required to review their detention and an order under this subsection may be made either generally or in respect of a particular centre or a particular person.

(8) The Minister may by regulations reduce a period of two years referred to in subsection (1) or (4) to one year.

42. —Where a review board carries out an examination under this Act, the person whose detention is being examined shall have a right to be represented by another person during the board's examination.

43. —A review board may determine an application without an oral hearing where such a hearing is not requested by the applicant or where it appears to the board that such a hearing might be harmful to the health of the person concerned.

44. —(1) The Medical Council may, with the consent of the Minister, make rules in accordance with accepted medical practice—

(a) in regard to the application to any person of any specified therapeutic procedure for the treatment of mental illness, and

(b) specifying the conditions to be complied with and the precautions to be taken to safeguard the rights and well-being of patients to whom the procedure is applied.

(2) It shall not be lawful to apply or cause to be applied any procedure so specified unless the person has given his consent in the manner provided for in the rules or, notwithstanding the provisions of section 4 of the Health Act, 1953 , where the person has not the mental capacity to give his consent, consent is given by a person specified in the rules.

45. —Immediately upon the occurrence in a district, special or registered psychiatric centre of any of the following matters the medical officer in charge of the centre shall give a report thereon to the Minister and to the chief executive officer of the health board for the area where the centre is situated—

(a) an injury, other than a minor injury, to a person undergoing care and treatment in the centre or the death of any such person,

(b) an alleged assault upon any such person,

(c) any other matter of serious importance to the welfare of such persons.