Health (Mental Services) Act, 1981
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Recommendation for reception. |
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. |