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Making of recommendation for involuntary admission
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15. (1) A registered medical practitioner to whom—
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(a) an application for a recommendation for involuntary admission, or
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(b) a direct application for a recommendation for involuntary admission,
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is made in respect of a person shall, within 24 hours of the receipt of the application, carry out an examination of the person concerned to assess whether that person has a mental disorder which fulfils the criteria for involuntary admission.
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(2) Before carrying out an examination under subsection (1), the registered medical practitioner shall inform the person, the subject of the application, of the purpose of the examination unless the provision of such information would, in the opinion of the registered medical practitioner concerned, seriously endanger the life or health of the person, the subject of the application concerned, or the life or health of another person or persons.
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(3) Where, following an examination of a person under subsection (1), the registered medical practitioner is of the opinion that the person has a mental disorder which fulfils the criteria for involuntary admission, the registered medical practitioner shall within 24 hours of the examination make a recommendation to the clinical director of a registered acute mental health centre (other than the Central Mental Hospital) that the person be involuntarily admitted to that registered acute mental health centre (in this Act referred to as a “recommendation for involuntary admission”).
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(4) Where, following an examination of a person under subsection (1), the registered medical practitioner is of the opinion that the person does not have a mental disorder which fulfils the criteria for involuntary admission, the registered medical practitioner shall refuse to make a recommendation for involuntary admission.
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(5) In making a recommendation for involuntary admission under subsection (3) or refusing to make a recommendation for involuntary admission under subsection (4), the registered medical practitioner shall, in that recommendation or refusal, as the case may be, certify the basis on which he or she is of the opinion that the person has or does not have a mental disorder which fulfils the criteria for involuntary admission and shall provide a copy of the certification to the person who made the application and the person the subject of the application.
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(6) Notwithstanding the generality of subsection (1), an examination of a person which is carried out by a registered medical practitioner prior to receipt of an application for a recommendation for involuntary admission or a direct application for a recommendation for involuntary admission shall be valid for the purposes of this section if—
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(a) the examination was carried out within a period of not more than 24 hours prior to the receipt of the application concerned, and
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(b) the decision to make a recommendation for involuntary admission or to refuse to make such a recommendation made by the registered medical practitioner concerned is made after the receipt of the application concerned and within 24 hours of the examination.
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(7) A registered medical practitioner shall be disqualified from examining a person under subsection (1) where the registered medical practitioner—
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(a) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,
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(b) is a member of the governing body or staff of the registered acute mental health centre concerned,
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(c) is a spouse or a relative of the person concerned, or
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(d) is the direct applicant.
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(8) A registered medical practitioner shall, no later than 24 hours after making a recommendation for involuntary admission—
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(a) send or cause to be sent the recommendation in writing to the clinical director of the registered acute mental health centre specified in the recommendation concerned,
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(b) provide a copy of the recommendation to the requester or the direct applicant, as the case may be, and the person who is the subject of the request, and
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(c) provide a copy of the recommendation to the Commission.
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(9) A recommendation for involuntary admission shall be valid for a period of 7 days from the date of its making under subsection (3) and shall then expire.
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(10) A recommendation for involuntary admission shall be made in the form and manner specified by the Commission.
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