Section 2: Interpretation
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
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Questions this section answers
- Who counts as a patient's next of kin under this Act?
- What does "informed consent" mean for mental health treatment?
- What makes someone a "security patient" under this Act?
- What does the law consider a "mental disorder"?