bills to the uganda gazette no 75 volume cvii dated i vth decaer 2014. printed by uppc, entebbe by order of the govern bill no. 15 mentof hecthh bill ‘i’he mental health bill, 2014 memorandum the object of this bill is to provide for caland the safety of the people services at all levels to be other health facilities. the procedure of admitting discharging or adjudging persons with mental disorders is not fcasihk in the present takes into account the currently available evidence based approaches provisions of the bill the bill consists of seven parts and two schedules. part i- preliminary part i of the bill deals with preliminary matters namely par’!’ li- admission and treatment of persons part ii of th? bill deals with treatment and admission of persons with for the treatment and admission of 6, part 111 – protection of the rights of persons par’i’ iii of the bill provides for protection of the rights of persons ciaue 35-43 of the bill provide for application of the part, respect, for purposes of proceedings part iv capacity, competence an guari)ianship part iv of the bill provides for capacity, competence and part v – mental health treatment for prisoners part v of the bill provides for the mental health treatment for effecting an arrest involving a person with mental illncss, assessment 9.. part vi -. the uganda mental health advisory part vi of the bill establishes the uganda mental iiealth advisory part vii? miscellaneous part vii of the bill provides for miscellaneous provisions. clausf 71- the bill providcs.for protection from liability, investigation of deaths related to mental illness, the powers of the minister to make schedules schedule 1- currency point. schedule 1 prescribes the schedule 2- communii’y treatment order. schedule 2 provides for the format of a community treatment order dr. ruhakana rugunda, minister of health. bitt no. 15 mental flea/rh bill 2014 the mental 1ieal’i’h bill, 2014. a rrangemeni of clauses part 1?preliminary il?treatment and admission o mental health treatment at primary health centres. treatment of out patients at primary health centres. emergency admissions and treatment. emergency admission and treatment. in voluntary admissions. involuntary admission. treatment for involuntary patients. electroconvulsive therapy. seclusion of patients. in seclusion. absence from mental health units. leave of absence. escape of patient, bill no. is 20114 ckmse a.c.c:.cied adni:s.vion and ireatment voluntary admission and treatment. assisted admission andtrcatnicnt. refi’rnil for ‘.vasninarion. referral by medical practitioner. patcns in heiiiii units and voluntary patients in j.x(flflifl(iliofl in sflefl((i1 health iniil examination by psychiatrist or senior mental health practitioner. order giving involuntary status. adin i.csion and t reauneiit for per.rons with mental illness. not ordinaril%’ residemit in uganda. admission of patients not ordinarily resident in uganda. transfcr of person with mental illness to another cotintry. cost of transfer and maintenance of patient. cnisenr in treatment conscnt to treatment by voluntary patients. withdrawal of consent to treatment by voluntary patients. right to appeal decision to continue treatment without consent. consent to treatment by involuntary patients. part ill?protection of tue rights of application of part. respect, human dignity and privacy. bill no. 15 meiiia/ lieu/i/i 13/1/ 2014 c/a use determination of mental health status. -ge of patient. part iv?capacity, co4petince and guardiansu1r capacity and competence. appointment of personal representative by court. part v?mental heal1n ‘1’reat1ent for prisoners. powers of the police. prisoner who absconds from mental health unit. expiry of term of imprisonment of prisoner with mental illness. part vi?thcadvisory board establishment of the uganda mental health advisory board tenure of board. review by the board. committees of the board. bill no. 15 mental flea//h bill appeals. annual and other reports. inquiries directed by ministcr. part vfl?mjscellaeous. protection from liability. bill no. 15 menial 11 cal/h bill a bill for an act the mental health act, 2014. and treatment, illness who are not ordinarily resident in uganda; to provide for management and guardianship; to provide for mental health treatment for prisoners and other offenders; to establish the pkrt 1-preliminary 1. commencement. bill no. 15 1meiitcl health bill 2. interpretation. in this act, unless the context otherwise requires- 57; “bodily restraint” means restraint where the free movement of a strap, which is tied or fastened to the body or part of the mental healthpraetitioner, giving instructions regarding the a person with iriental illness, has reasonable and justifiable ‘currency point” has the value assigned to it in schedule 1; primary health centre and a similar non governmental bill no. 15 menial health bill “mechanical bodily restraint” means restraint which prevents the unit” means any building or part of a building “mental illness” means a recognisable and persistent disturbance 7 bill o. 15 mental health /3111 2014 holds, or refuses to hold, a particular religious, “person with mental illness” means a person who is proven, at a person with mental illness to act on his or her behalf, or a electroconvulsive therapy; bill no. 15 menial health bill 2014 “public trustee” means a person appointed as such undei”ielative” means a spouse, parent, grandparent, child, sibling, 3. object of act. the object of this act is to- establish the mental health advisory board. admission of persons with mental illness 4. treatment and admission of persons with mental illness. a person shall not be provided with care and treatment or be admitted 333 bill no. 15 men/al health 13111 5. treatment of out patients at primary health centres. a primary health centre shall provide treatment for mental where the primary health centre is situated. gives consent to the treatment. at a primary health centre where a person with with a condition that he or she receives involuntary treatment at a primary health centre. effect. the community treatment order issued under sub sccton (4) bill no. 15 menial health bill 2014 a community treatment order shall be in the format specified in schedule 2. 6. admission and treatment at primary health centres. subject to subsection (2), a person with mental illness shall 5 shall apply to the treatment of patients who are emergency ad;nicsion and treatment 7. emergency admission and treatment. (1) a person qualifies for emergency admission and treatment bill no. 15 mental health bill is likely to inflict serious harm on himself or herself or on serious damage to the reputation of the person; or or a mental health unit. a relative, concerned person or a police officer who has receive emergency treatment for a period of not more than seventy bill no. 15 mental ii enith bill after the cxpiry of the period in suhsectiort (6), the medical duties of a person who gives emergency treatment. a medical practitioner or mental health practitioner who administers jnvo/uniari. ad,ni,’sions. in voluntary admission. (1) a person qualifies for involuntary examination, admission bill no. 15 menial heal/h bill (ii) it is not possible to get an examination from a senior determines that- changed from voluntary or emergency treatment to involuntary examination, admission and treatment shall only be carried out at a menial health unit. (3) is addressed, shall within three bill no. 15 health bill where a person examined under this section can be treated at six months which period may be extended for a further period of not six currency points or to imprisonment for a term not exceeding’ three months, or both. 10. power of the police (1) for the purposes of effecting an involuntary or an emergency bill no. 15 mental health bill (2) where a police off jeer who arrests a person for a criminal act to a health unit, for assessment. treatment/hr involuntary patients. 11. electroconvulsive therapy. (1) a mental health practitioner, where the mental health bill no. 15 mental /jeahh bill (5) a person who performs elcctroconvulsive the cornmts an offence and is liable on cony mi nment not exceeding fifteen months. oi12. seclusion of patients. (1) a person shall not cause a patient to he held in seclusion at a the period for which it is given and any (5) a patient shall be kept in seclusion for only the period for (7) the authori.sation to keep a patient in seclusion shall be given t7 :- bill no. 15 mental health bill (8) a person who keeps a patient in seclusion contrary to this 13. special duties where patient is kept in seclusion. (i) where a patient is kept in seclusion, the officer in charge of the mental health unit shall provide the basic needs of the patient, 14. mechanical bodily restraint and bodily restraint (1) mechanical bodily restraint or bodily restraint shall only be to prevent the patient from persistently destroying property. bill no. 15 the authorisat ion to usc mechanical bodily restraint or absence from menial health units 15. leave of absence. a psychiatrist may grant leave of absence to an involuntary bill no. 15 mental jieahh 13111 2014 (4) the psychiatrist who grants leave under this section, may, is not appropriate for the involuntary 16. absence without leave. (i) a patient is deemed to be absent from a mental health unit without leave where that patient is an involuntary patient and he or bill no. 15 mental health bill (4) a person who has power to apprehend an involuntary patient under subsection (2) (a) may prejudice the health or safety of that patient or of any other person or which would cause damage to any property. staff of mental health unit permitting escape of patient. a member of the staff of a mental health unit who through willful va/un/an and assisied admission and treatment voluntary admission and treatment. (1) a person who submits voluntarily, to a health unit or a bill no. 15 mental health bill a voluntary patient shall only receive treatment after giving 19. assisted admission and treatment. (1) a person shall be received at a health unit or a mental health person and providing treatment may result in- or to another person. (2) a person shall not be provided with assisted treatment under this section except where a relative or a concerned person who takes bill no. is menicil health bill 2014 is suffering from mental illness and requires treatment for or safely and for the health and safety of is incapable of making an informed decision on the need for the patient has recovered the capacity to make informed decisions, the receiving assisted treatment, who recovers the capacity to make informed to the board against that decision. 20. discharge of patient under assisted admission. a patient who is admitted under assisted admission, may on unit, where the relative or concerned person is willing bill no. 15 (3) the request under this section shajl be in writing to the of the mental health unit where the patient is give an undertaking to take care of the patient. referral for exaininaf ion referral by medical practitioner. where a medical practitioner suspects on reasonable grounds that a jeferra1 of patients admitted in health units and voluntary (i) a medical practitioner or a mental health practitioner shall, admitted in the health unit or where a voluntary patient, seeks to be discharged, but where the medical practitioner or the mental health time when he or she seeks to be discharged. bill no. 15 menial health 13th’ 2014 23. no referral without personal examination where a referiis made under section 22, 24. police assistance. where necessary, the medical practitioner or mental health evaininoiion in mental health unit 25. examination by psychiatrist or senior mental health a psychiatrist or senior mental health practitioner who bill no. 15 menlo! health bill (4) where a person referred for examination under section 22 or order giving involuntary status. (1) where a psychiatrist or senior mental heajth practitioner who expiry of seven days after the referral is made. admission and treatmentfor persons with mental illness, not ordinarily resident in uganda admission of patients not ordinarily resident in uganda. a person who is not ordinarily resident in uganda, who reports concerning the treatment issued by the medical authorities of a person admitted under this section shall receive treatment from the mental health unit in accordance with this act and shall be bill no. 15 mental health bill 2014 28. charges for admission and treatment the minister may, in consultation with the board, prescribe the 29. transfer of person with mental illness to another country. where a psychiatrist determines that, for a person with that person to another country or to his or her country of origin is in where the person is admitted, shall, after ascertaining that the person or she is transferred. 30. cost of transfer and maintenance of patient. the cost of transferring a person who is not ordinarily resident in consent to treatment 31. consent to treatment by voluntary patients. (1) a voluntary patient shall before receiving treatment, give bill no. 15 menial i/call/i bill 2014 (2) a voluntary patient shall also give consent where he or she (5) the explanation under subsection (4) shall- bill no. 15 (7) for the purposes of this section. a voluntary lxiticnt is scction arc complied with: and freely and voluntarily given. 10 him or her: the effect of giving the consent. (10) where a voluntary patient lacks the capacity to consent, the 32. withdrawal of consent to treahiiienl by voluntary patienk. (1) a voluntary patient may in writing to the mental health 29 tbill no. 15 mental health bill the mental health practitioner, shall on receipt of a withdraw consent to treatment, review the request and seek the opinion of another mental health practitioner. right to appeal decision to continue treatment without consent. a voluntary patient who is not satisfied with the decision of a mental health practitioner made under section 32 may appeal to the board. consent to treatment by involuntary patients. an involuntary patient who is capable of giving consent, to consent to the treatment, the mental health practitioner shall before where treatment is administered without consent, the mental bill no. 15 notwithstanding the fact that treatment is given without j-ill?protection of the rio ms of. persons with mental. illness. 35. application of part. the rights of patients and the duties of the mental health in upholding the iunder this part, iegard shall be had to the best interests of the patient. 36. respect, human dignity and privacy. the person, human dignity and privacy of a patient, shall he bill no. 15 37. non discrimination of persons with mental illness a patient shall not be discriminated against, by any pci38. exploitation and abuse (i) an employee of a mental health unit who provides treatment 39. determination of mental health status. (1) a determination of the mental health status of a person shall be carried out, where it is required for proceedings before a court of law or for any other official purpose. bill no. 15 mental health bill a determination under subsection (1) shall only be carried factors which are exclusively relevant to the mental health status of 40. right to information. (1) a mental health practitioner who attends to a patient shall provide the patient with information about- (2) a relative or a concerned person shall also be provided with the information prescribed in subsection (1). 41. disclosure of information. (1) any information which is otherwise confidential under any bill no. 15 mental health bill 2014 (2) a mental health pi42. knowledge of rights. a mental health practitioner shall before administering 43. discharge of patient. (1) where a patient is to be discharged from a mental health unit. health practitioner authorised by the mental health practitioner who (i), commits an offence and is liable on part iv-capacity, competence and guardianship 44. capacity and competence. (1) a person with mental illness has the right to manage his or bill no. 15 menial health bill (2) notwithstanding subsection (1). a person with mental illness the board orders, after it is established by two mental health board, that the person with mental illness is not able to manage his or her affairs; or court, on an application by a relative or a concerned person, (3) where the mental health practitioners refcrrcd to in subsection (2) (a) do not agree, the board shall appoint another (4) the assessment carried out under subsection (2) (a) or by the (5) the assessment made under this section shah be restricted to with mental illness is not capable of managing his or her affairs, the order shall, at every nieetirig until the order is revoked; or the order, every two months. (8) where the board or court, as the case may be, does not make an extension of the order, the order shall lapse and the person with mental illness in respect of whom the order was made, shall resume rill no. 15 mcn;ai i/e,iih hill 2014 45. right to appoint personal rc.presc.ntativc. pt1f0scs of managing h i s or her affairs, a person with -son appointed as a personal representative tinder ion (1) shall thake a decision taking into account the best -son with the mental illness. 46. appoiritnient o pers011a i representative by cou ri. vhcrc an order is made under section 44 that a person with mental illness is riot capable of managing his or her affairs. or where appoint a persoual representative, cowl shall appoint a suitable relative to he his or her dcpendaiits of that person. bill no. 15 1/ca/tb ri/i 2014 capable of managing himself or herself, and that that person is not (4) where court cannot identify a relative, suitable to manage the personal representative, the public trustee, to manage the affairs of (5) the personal representative shall act in the best interest of dependants of that person. 47. responsibilities of personal representative appointed by court shall grant a personal representative general or specific 2l) bill no. 15 mental health bill lease any pipersonal representative to furnish inventory and final a personal representative appointed by court, shall within six months person with mental illness, including the money, goods and effects powers of the police. where it appears to a police officer arresting a person, that arrest or detain the person but shall take the person for an assessment bill no. 15 menial health bill 2014 where the po lice officer dcteiby the police officer. 50. assessment of mental health status of prisoners and children where it appears to the officer in charge of a prison, through a child in prison may have mental illness, the officer in charge of the where a psychiatrist is not readily available the examination practitioner who carries out an examination under this section, shall plan for the treatment of the prisoner. 51. treatnient of prisoners with mental illness. where as a result of the examination carried out under is provided to that prisoner. 50, it is determined that the menta] illness of the prisoner is of such nature that the prisoner can only to he treated in a mental health 2v bill no. 15 menial flea/i/i bill the magistrate to whom a request is made, shall request a psychiatrist, or where a psychiatrist is not avai!able another senior order to the officer in charge of the prison, to transfer the prisoner to officer in charge of the prison to take the necessary steps to ensure that the 52. periodic reviews of mental health status of prisoners with (1) the officer in charge of a prison in which a prisoner with (3) the psychiatrist who carries out the review under subsection b11 no. 15 menial lied/h bill 2014 make a recommendation on the plan for the care and to the officer in charge of the mental health unit where 53. recovery of prisoner with mentally illness. the officer in charge of a mental health unit, who believes, from make a report of the discharge to the magistrate. 54. prisoner who absconds from mental health unit. (1) where a prisoner with mental illness who is admitted in a locate, apprehend and return the prisoner to the mental bill no. 15 mental i/eahh bill restraining measui55. expiry of term of imprisonment of prisoner with mental subject to this section, on the expiry of the term of in the area where the person is to reside, to he treated as a voluntary 56. duties of local authorities (1) the local council executive of the area where a person with mental illness who is released from prison resides, shall monitor the bill no. 15 2014 (2) where locaj council executive establishes that the peison is where he or she resides. the local part vi?tha uganda mental health advisory board 57. establishment of the uganda mental health advisory for the puiposes of monitoring the implementation of this 58. composition of board. the board shall be composed of a chairperson and ten bill no. 15 menial health bill a person representing the mental health carers, nominated the national mental health coordinator, who shall be an cx-official member of the board. 59. tenure of board. (1)the chairperson and a member of the board shall hold office bill no. 15 mental health bill (c) by removal from office by the minister on resolution of the 60. functions of the board. the board shall- provide guidelines for the requisite competdncies required c13j bill no. 15 mental health bill promote public awareness on mental health and mental 61. review by the board. (1) a patient, or a personal representative, a relative or a section 60 (e), make an application to the board, requesting the board make a decision on any other matter concerning the patient complaint made to it concerning – bill no. 15 mental health liii the board shall for the purposes of a review, consider the patient to the board, forward the letter to the board, as soon as the board may delegate any function under this section to a review by board of its own motion. the board may, at any time, carry out a review of a case of an meetings of the board. the board shall meet at least once every three months. less than five members of preside at all meetings of the board at 47 bill no. 15 a decision of the l3oard sha]1 be by consensus. the board may regulate its own procedure during meetings, 64. committees of the board. the board may appoint a committee to assist in the carrying it may determine. board. a committee may coopt a resource person to its meeting; 65. the secretariat. the office of the national mental health coordinator shall be bill no. 15 menial health bill 2014 implement the policies and decisions of the board; and 66. mental health tribunals. the board may, where it consideinecessary take, or recommend to the board any remedial action. 67. appeals. a person who is aggrieved by the decision of the board or of a mental health tribunal, may appeal to the 1-ugh court. 68. funds of the board. (1) the funds of the board shall consist of- any other money as may with the approval of the minister made available to the board for the purpose of performing ?:~ q-, c~– q bill no. 15 mental health bill (2) the funds of the board shall be administered and controlled 69. annual and other reports the board shall within three months after the end of each respect of the financial year, containing such information as the minister may require. reports on its activities or any other matter as the minister may 70. inquiries directed by minister (1)the minister may direct the board to inquire into any matter related to the administration of this act. under subsection (1), the board shall make a report of its findings to 71. protection from liability. a person who performs a function in accordance with the 72. investigation of deaths related to mental illness the officer in charge of a mental health unit shall conduct an 73. powers of the minister to make regulations (1) the minister may, by statutory instrument, in consultation bill no. 15 mental health gill for the care, treatment and rehabilitation of persons with repeal the mental treatment act is repealed. saving provisions a buildihg appointed by the minister as a mental hospital schedules 51 926 bill no. 15 schedule 1 section 2 a currency point is equivalent to twenty thousand shillings. bitt no. 15 menial health bill scheimjle 2 sections 2, 5. 9 and 55 community treatment order 1)etails of senior mental health practitioner: names of senior mental health practitioner……………… job t?lelrank of senior mental health practitioner ………… details of patient: ……………………………………………………………………… ……………………………. …………………………………….. nationality……………………………………………………………. ………. marital status ………………………………….. ……………………………… the community treatment order reasons for issuing the community treatment ordcr bill no. 15 men tal health bill care, treatment and rehabilitation to be given at a primary health centre treatment is to start…… …… treatment is to end……. ……. …………………… ……………. names of person to implement the community treatment order ………… address of person to implement the community treatment order ………… bill no. 15 mental health bill 2014 cross references: medical and dentat practitioners act, cap. 272 public trustees act, cap. 161 c4
