Mental Health Act 20266
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Making of application for recommendation for involuntary admission by person other than authorised officer | ||
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14. (1) Without prejudice to the generality of section 13 but subject to subsection (2), a relevant person (in this Part referred to as a “direct applicant”) may make an application for a recommendation for involuntary admission in respect of a person directly to a registered medical practitioner (in this Act referred to as a “direct application for a recommendation for involuntary admission”) where he or she believes that the person the subject of the application has a mental disorder that fulfils the criteria for involuntary admission. | ||
(2) A person shall be disqualified from making a direct application for a recommendation for involuntary admission where he or she— | ||
(a) is a child, | ||
(b) 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, | ||
(c) is a member of the governing body or staff of the registered acute mental health centre concerned, | ||
(d) is a spouse or relative of any of the persons specified in paragraph (b) or (c), or | ||
(e) is a member of An Garda Síochána acting in the course of his or her duties. | ||
(3) Prior to making a direct application for a recommendation for involuntary admission, a direct applicant shall, not more than 24 hours before the date of the making of the application— | ||
(a) meet with, speak to, and observe the person, the subject of the application, and | ||
(b) consider, to the best of his or her ability, whether there are reasonable grounds for believing that the person, the subject of the application, has a mental disorder which fulfils the criteria for involuntary admission. | ||
(4) A person who, for the purposes of or in relation to a direct application for a recommendation for involuntary admission, makes any statement which is to his or her knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both. | ||
(5) A direct application for a recommendation for involuntary admission shall be made in the form and manner specified by the Commission. | ||
(6) In this section and section 17 , “relevant person” means a person who— | ||
(a) is a spouse of the person, the subject of the application, but does not include a spouse who is living separately and apart from the person or in respect of whom— | ||
(i) an application for an order has been made but not yet determined under the Act of 2018, or | ||
(ii) an order has been made under the Act of 2018, | ||
(b) is a relative of the person, the subject of the application, | ||
(c) has a bona fide interest in the mental health, safety and welfare of the person concerned, or | ||
(d) is a mental healthcare professional (other than a consultant psychiatrist). |