|Year : 2019 | Volume
| Issue : 10 | Page : 724-729
Liabilities and penalties under Mental Healthcare Act 2017
Chandrashekar Hongally1, Madhumitha Nanditale Sripad1, Raju Nadakuru2, Malaiappan Meenakshisundaram3, KP Jayaprakasan4
1 Department of Psychiatry, Bangalore Medical College and Research Institute, Bengaluru, Karnataka, India
2 Department of Psychiatry, Andhra Medical College, Visakhapatnam, Andhra Pradesh, India
3 Department of Psychiatry, Kilpauk Medical College, Chennai, Tamil Nadu, India
4 Department of Psychiatry, Government Medical College, Thiruvananthapuram, Kerala, India
Introduction: Mental Healthcare Act (MHCA) 2017 is an act passed to regulate and provide mental health care and services. The act considers psychiatrists as one of the main mental health providers. Liabilities are prescribed under various chapters of MHCA 2017. It is imperative for practitioners to be completely aware of and follow the rules as per MHCA 2017, now that the rules are already framed.
Materials and Methods: A thorough review of MHCA 2017, Central Mental Health Rules, and State Mental Health Rules 2018 was done. In addition, related scientific articles were accessed in PubMed and Google Scholar using keywords such as mental health legislation, law, and mental health. Relevant articles were reviewed to arrive at suggestions.
Observations: Important liabilities are around the domains of registration of professionals and institutions, maintenance of records, promoting the rights of the persons with mental illness during treatment, and following the provisions of MHCA 2017 during admission and discharge. Punishment for contravention of provisions of the Act or rules or regulations made thereunder is clear and stringent and may vary from fine to imprisonment.
Suggestions: Mental Health Professionals should understand the provisions of MHCA 2017 along with the rules and regulations made under this act. Please maintain basic medical records of all outpatients and inpatients and basic report of psychological assessments and release it upon request by the patient or nominated representative.
Dr. Chandrashekar Hongally
Department of Psychiatry, Bangalore Medical College and Research Institute, Bengaluru, Karnataka
Source of Support: None, Conflict of Interest: None
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