juris

Section 2: Interpretation

Mental Health Care Act

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation In this Act— “Board” means the Mental Health Board referred to in section 3; “care” means diagnostic and therapeutic interventions for the benefit of health, including institution-based treatment, community-based treatment and measures designed for social integration and rehabilitation; “centre” means a mental health care centre providing mental health care in a hospital, or in any other place, which, by notice published in the Gazette, has been declared by the Minister to be a mental health care centre; “Commission” means a Mental Health Commission referred to in section 5; “informed consent” means consent obtained freely, without threat or improper inducement, after disclosure to the patient or his next of kin of adequate and understandable information in a form and language understood by the patient or his next of kin on— (a) the diagnostic assessment; (b) the purpose, method, likely duration and expected benefit of the proposed treatment; (c) alternative modes of treatment, including those less intrusive; and (d) possible pain or discomfort, risks and side effect of the proposed treatment; “medical officer” means a medical practitioner who, registered in Mauritius with not less than 5 years’ post-qualification experience, performs his duties under the general supervision of a psychiatrist; “mental disorder” means a significant occurrence of a mental or behavioural disorder exhibited by symptoms indicating a disturbance of mental functioning, including symptoms of a disturbance of thought, mood, volition, perception, orientation or memory which are present to such a degree as to be considered pathological; “Minister” means the Minister to whom responsibility for the subject of health is assigned; [Issue 7] M61 – 2 Revised Laws of Mauritius “Ministry” means the Ministry responsible for the subject of health; “next of kin”, in relation to a patient— (a) means his spouse, child, father, mother, brother, sister, grandparent, grandchild, uncle, aunt, nephew or niece; and (b) includes any person with whom he ordinarily resides or under whose responsibility or control he lives or has been placed; “patient” means any person who is suffering from a mental disorder; “patients’ rights” means the rights and freedoms specified in the Fourth Schedule; “security patient” means a patient who— (a) is unfit to stand trial by reason of mental disorder; (b) has been found not to be guilty by reason of mental disorder; (c) is suspected of having committed a criminal offence; or (d) is in the custody of the police or is a detainee in a reform institution referred to in the Reform Institutions Act; “Superintendent” means the Superintendent, or other person in charge of, a centre. PART II – ADMINISTRATION

Ask juris about this section Official source

Questions this section answers