Akta Kesihatan Mental 2001
Applies to: Federal Act — see s 48 (Application of Part XII of the Private Healthcare Facilities and Services Act) · Official text ↗
- Defines key terms such as 'mental disorder', 'psychiatrist', and types of psychiatric hospitals (s 2).
- Sets out the process for admitting a person as a voluntary patient upon their own request or a guardian's application (s 9(1)).
- Allows for the involuntary admission and detention of a person suspected of having a mental disorder based on a relative's application and a medical recommendation (s 10(1)).
- Permits police or social welfare officers to apprehend a mentally disordered person who is dangerous to themselves or others (s 11(1)).
- Requires the Medical Director to examine involuntary patients at least once a week to determine if continued detention is necessary (s 20).
- Establishes a hierarchy of consent for surgery or electroconvulsive therapy, prioritizing the patient's own consent if capable (s 77(1)).
- Mandates that patients and their relatives be informed of the legal basis for their detention and their rights to apply for discharge (s 78).
- Criminalizes the ill-treatment or willful neglect of patients by hospital staff or those in their custody (s 86).
What this law is
The Mental Health Act 2001 (Akta Kesihatan Mental 2001) is numbered Act 615 in the Laws of Malaysia. Where it applies is set out in section 48 (Application of Part XII of the Private Healthcare Facilities and Services Act).
Its long title, as printed in the official text: An Act to consolidate the laws relating to mental disorder and to provide for the admission, detention, lodging, care, treatment, rehabilitation, control and protection of persons who are mentally disordered and for related matters.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–7)
- Part II — Admission, detention, lodging, care, treatment, rehabilitation, control and protection of mentally disordered persons in, and discharge of voluntary patients from, psychiatric hospital (ss 8–14)
- Part III — Discharge, leave of absence and transfer of involuntary patients from psychiatric hospital (ss 15–21)
- Part IV — Admission, detention and discharge of persons committed or confined in psychiatric hospital (ss 22–25)
- Part V — Admission, lodging, nursing care and rehabilitation of mentally disordered persons in psychiatric nursing home (ss 26–31)
- Part VI — Reception, care, treatment and rehabilitation of mentally disordered persons in community mental health centre (ss 32–37)
- Part VII — Board ofvisitors (ss 38–47)
- Part VIII — Mortality assessment (s 48)
- Part IX — Quality of psychiatric healthcare facilities and services (ss 49–50)
- Part X — Proceedings in inquiries into mental disorder (ss 51–75)
- Part XI — Enforcement (s 76)
- Part XII — General (ss 77–94)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Period within which a voluntary patient must be discharged after requesting discharge, unless an order for further detention is made | seventy-two hours | s 9(4) |
| Maximum period for an order for further detention of a voluntary patient after a discharge request | one month | s 9(5) |
| Time limit for the medical recommendation for involuntary admission to be based on a personal examination | not more than five days before the admission | s 10(1)(b) |
| Time limit for the Medical Director to make or cause an examination of an involuntary patient after admission | within twenty-four hours | s 10(3) |
| Maximum period for an order for detention of an involuntary patient after initial examination | one month | s 10(5)(b) |
| Maximum period for a further order for detention of an involuntary patient after review by two medical practitioners | three months | s 10(8)(b) |
| Time limit for bringing an apprehended mentally disordered person for examination | not later than twenty-four hours after the apprehension | s 11(2) |
| Time limit for appealing a Medical Director's refusal to discharge an involuntary patient | fourteen days from the date of receipt of such decision | s 16(4) |
| Time limit for appealing a Visitors' refusal to discharge an involuntary patient | fourteen days from the date of receipt of the Visitor’s refusal | s 16(8) |
| Frequency of examination of involuntary patients by the Medical Director | at least once a week | s 20 |
| Maximum period for a direction by Visitors for further detention of a patient | twelve months | s 45(2)(c) |
| Frequency of examination of a patient under a Visitors' direction for further detention | at least once in four weeks | s 45(3)(a) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Ill-treatment or willful neglect of a patient by hospital staff or those in custody | fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both | s 86(3) |
| Improper reception or detention of a mentally disordered person in a psychiatric hospital or other place for gain | fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both | s 88 |
Laws cited on this page
| Act 615 | Mental Health Act 2001 Akta Kesihatan Mental 2001 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines 'mental disorder' as any mental illness, arrested or incomplete development of the mind, psychiatric disorder, or any other disorder or disability of the mind, and defines key roles like the Medical Director and psychiatrist. |
| s 9 | Allows a person to be admitted as a voluntary patient upon their own request or a guardian's application for a minor, subject to the Medical Director's satisfaction that the patient will benefit from care. |
| s 10 | Permits the involuntary admission and detention of a person suspected of mental disorder based on a relative's application and a medical recommendation, requiring examination within 24 hours to justify continued detention. |
| s 11 | Authorizes police or social welfare officers to apprehend a mentally disordered person who is dangerous to themselves or others, requiring them to be brought for examination within 24 hours. |
| s 15 | Empowers the Medical Director to discharge an involuntary patient at any time if it is in the patient's best interest and they no longer need care or treatment. |
| s 16 | Allows an involuntary patient or relative to apply for discharge, with the Medical Director required to examine the patient and record findings before deciding on discharge. |
| s 20 | Imposes a duty on the Medical Director to examine involuntary patients at least once a week to determine if their continued detention is necessary. |
| s 45 | When a patient is brought back before the Visitors, they may direct discharge, discharge on a future date, or detention for a further period not exceeding twelve months; a patient so detained must be examined by the Medical Director at least once in four weeks and reviewed by the Visitors at least once before the period ends (s 45(2)–(3)). |
| s 77 | Specifies that consent for surgery or electroconvulsive therapy must be given by the patient if capable, otherwise by a guardian/relative, or by two psychiatrists if no one else is available. |
| s 78 | Requires the Medical Director to ensure patients and relatives understand the legal basis for detention and the rights available to apply for discharge. |
| s 86 | Makes it an offence for hospital staff or those in custody to ill-treat or willfully neglect a patient receiving treatment for mental disorder. |
| s 88 | Makes it an offence to receive or detain a mentally disordered person in a psychiatric hospital otherwise than in accordance with the Act, or to detain them in other places for gain. |
Worked examples
Facts. Ahmad, an adult, voluntarily admits himself to a government psychiatric hospital for depression. Three days later, he requests discharge from the Medical Director.
The law. A voluntary patient may request discharge (s 9(3)). The patient shall not be kept for more than 72 hours from the notice unless an order for further detention is made (s 9(4)). If a medical officer determines continued care is necessary, they may order detention for up to one month (s 9(5)).
Outcome. Ahmad must be discharged within 72 hours of his request unless a medical officer orders further detention for up to one month (s 9(4), s 9(5)).
Facts. Mei's brother is suspected to be mentally disordered. Mei applies to the Medical Director for his admission, with a registered medical practitioner's recommendation based on an examination three days earlier.
The law. A person suspected to be mentally disordered may be admitted and detained on a relative's application in the prescribed form plus a medical recommendation in the prescribed form, based on a personal examination made not more than five days before admission (s 10(1)). The Medical Director must have him examined within twenty-four hours of admission (s 10(3)).
Outcome. The recommendation is within the five-day limit. After the 24-hour examination the Medical Director must either discharge him or order detention for a period not exceeding one month (s 10(5)); further detention needs an examination by two doctors, one a psychiatrist, and may be ordered for up to three months (s 10(6)–(8)).
Facts. Rahim, an involuntary patient, requires surgery. He is assessed by a psychiatrist and found incapable of giving consent. His mother is available and is his relative.
The law. Consent for surgery may be given by the patient if capable, otherwise by a relative if the patient is incapable (s 77(1)(b)). The registered medical practitioner must ensure informed consent is first obtained from the patient if possible (s 77(2)).
Outcome. Since Rahim is incapable of consenting, his mother, as a relative, may give consent for the surgery (s 77(1)(b)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can I be forced into a psychiatric hospital?
Yes, if you are suspected of having a mental disorder, a relative can apply for your involuntary admission, supported by a medical recommendation (s 10(1)). You may also be apprehended by police or social welfare officers if you are dangerous to yourself or others (s 11(1)).
How long can I be detained if I am an involuntary patient?
Initially, the Medical Director can order detention for up to one month after examining you (s 10(5)(b)). If further detention is needed, two medical practitioners can order detention for up to three months (s 10(8)(b)). The Visitors can also direct detention for up to twelve months (s 45(2)(c)).
Who can consent to my surgery if I cannot?
If you are incapable of giving consent, your guardian (if a minor) or a relative (if an adult) can consent (s 77(1)(b)). If no guardian or relative is available, two psychiatrists, one of whom is your attending psychiatrist, can consent (s 77(1)(c)).
What happens if I request discharge as a voluntary patient?
You must be discharged within 72 hours of your request unless a medical officer orders further detention for up to one month (s 9(4), s 9(5)). The Medical Director can also discharge you at any time if it is in your interest and you no longer need care (s 9(6)).
Can I appeal if my discharge is refused?
Yes, you can appeal to the Visitors within 14 days of the Medical Director's refusal (s 16(4)). If the Visitors refuse, you can appeal to the Director General within 14 days (s 16(8)).
What are the penalties for ill-treating a patient?
A person who ill-treats or willfully neglects a patient commits an offence and is liable to a fine not exceeding ten thousand ringgit, imprisonment for up to two years, or both (s 86(3)).
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Sources
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