Legislator Case Law & Legislation
ln_1981_90 MT

Hospital Admission (Forms) Regulations, 1981

18 Articles / Provisions · Malta
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Table of Provisions (18)

Statutory Text (18 Articles)

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

L.N. 90 of 1981

MENTAL HEALTH ACf, 1976

(ACT NO. XVIII OF 1976)

Hospital Admission (Forms) Regulations, 1981

IN exercise of the powers conferred by section 34 of the Mental

Health Act, 1976, hereinafter referred to as "the Act", the Minister of

Health and Environment has made the following regulations

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

These regulations may be cited

as the Hospital Admission

(Forms) Regulations, 1981.

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT,

Application for Admission for Observation (Sections 14 and

16)

( Th is app1i c a ti on is valid o n ly for 14 d a y s beginning with the date appearing on the

medical recommendation last given as the date on which the patient was last

examined by t h e medical practitioner before giving that recommendation.)

TO THE MANAGER OF (1) ...................................

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1. I (2)

of ....................................................................... .

hereby apply for the admission of (3) ..........................

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.............................. of

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. to the above-named

hospital for observation in accordance with Part III of the

Mental Health Act, 1976.

2. (a)

I am the patient's nearest relative within the

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meaning of the Act, being the patient's (4)

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(4)

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OR

(b)

I have been authorised by the Court to

exercise the functions of the patient's nearest relative under

the Act and a copy (5) of the authority is attached to this

(5)

application.

OR

(c) I am appointed to act as menta I welfare

officer for the purpose of the Act.

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

(l) The form for ap plication for admission to a hospital for

observation under sections 14 and 16 of the Act shall be the form shown

in the First Schedule to these regulations.

(2) The form for emergency application for admission to a

hospital for observation under sections 15 and 16 of the Act shall be

the form shown in the Second Schedule to these regulations ..

(3) The form for a medical recommendation for admission

to a hosp ital for observation under sections 14, 15 and 17 of the Act

shall be the form shown in the Third Schedule to these regulations.

(4) The form for a joint medical recommendation for ad mis­

sion to a hospital for observation under section 14 of the Act shaH be

the form shown in the Fourth Schedule to these regulations.

(5) The form for application by a nearest relative for admis­

sion to a hospital for treatment under sections 14 and 16 of the Act

shall be the form shown in the Fifth Schedu!e to these regulations.

(6) The form for application by a mental welfare officer for

admission to a hospita1 for treatment under sections 14 and 16 of the

Act shall be the form shown in the Sixth Schedule to these regulations.

(7) The form for a medical recommendation for admission

to a hospital for treatment under section 14 of the Act shall be the form

shown in the Seventh Schedule to these regulations.

(8) The form for a joint medical recommendation for admis­

sion to a hospital for treatment under section 14 of the Act shall be the

form shown in the Eighth Schedule to these regulations.

(9) The form for a report on a hospital in-patient in accord­

ance with section 18 of the Act shall be the form shown in the Ninth

Schedule to these regulations.

(10) The form for the renewal of authority for detention in

a hospital in accordance with section 21 (4) of the Act shall be the form

shown in the Tenth Schedule to these regulations.

(11) The form for a report barring the discharge by a nearest

relative in accordance with section 29 of the Act shall be the form

shown in the Eleventh Schedule to these regulations.

B

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Emergency Application for Admission for Observation (Sections 15 and 16)

(This application is valid for 2 days beginning with the date appearing on the

medical recommendation as the date on which the patient was last examined by

medical practitioner before giving that recommendation.)

TO THE MANAGER OF ( 1) . .

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I (2) ........................................................

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hereby apply for the admission of (3) .........................

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.............................. of ...................................... .

to the above-named

hospital for observation in accordance with Part III of the

Mental Health Act, 1976.

2. I am a relative of the patient within the

(a)

meaning of the Act, being the patient's (4) .................... .

(4)

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OR

(b) I am appointed to act as a mental welfare

officer for the purposes of the Act.

B

3. I last saw the patient on .

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(must not be later than 3 days from date of application)

4. In my opinion it is of urgent necessity for the

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pattent

to be admitted and detained under section 15 of the

Act, and compliance with the requirements of the Act

relating to applications for admission other than emergency

applications would invojve undesirable delay.

5. This application is founded on the medical recom­

mendation forwarded herewith.

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

I last saw the patient on

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(must not be later than 14 days from date of application)

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Medical Recommendation for Admission for Observation (Sections 14, 15 and 17)

1. I 0) ....................................................... ..

bein g a

of

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registered medical practitioner, recommend that (2) ........

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.............................. of

........................ be admitted to hospital for observation

in accordance with Part III of the Mental Health Act, 1976.

2. I last examined the patient on .......................

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19 ......

3. * (a) I was acquainted with the patient previously

to conducting that examination.

*(b) I have been approved by the Minister res­

ponsible for Public Health under section 17 of the Act as

having special experience in the diagnosis or treatment of

of mental disorder.

l am of the opinion -

4. (a) that this patient is suffering from mental

disorder of a nature or degree which warrants his/her

detention in a bospital under observation for at Ieast a

limited period,

AND

(b)

that this patient ought to be so detained

(i)

in the interests of the patient's own health

or safety,

(iD

with a view to the protection of other

persons.

5. (This section is to be deleted unless the medical

recommendation is the first recommendation in support of

an emergency application under section 15)

In my opinion it is of urgent necessity for the patient

to be admitted and detained under section 15 of the Act

and compliance with the requirements of the Act relating

to applications for admission for observation other than

emergency application would involve undesirable delay.

Signed ...............................................

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Date

B

Record of Receipt

(This is not part of the recommendation, and is to be completed only if the

medical recommendation is the second recommendation in

support of an

emergency application under section 15)

Insert time and

(3)

This recommendation was received on behalf of the

date.

manager at (3)

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on

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admitted at (3) on

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Signed

on behalf of the manager

Date

SECTION 170) MENTAL HEALTH ACT

This

medical

recommendation shall

not

be

given

by any

of

the

fol1owing

persons

(a)

applicant;

(b) a partner of the applicant or of a practitioner by whom another medical

recommendation is given for the purpose of the same application;

(c) a person employed by the

applicant or

by any

such practitioner

as

aforesaid;

(d) a person who receives or has an interest in the receipt of any payments

made on account of the maintenance of the patient; or

(e)

the husband or wife or a relative by consanguinity or affinity up to the

second degree of the patient, or of any such per son as aforesaid or of a practitioner

by whom another medical recommendation is given for the purpose of the same

application.

FOUR TH SCHEDULE

MENTAL HEALTH ACT, 1976

Joint Medical Recommendation for Admission for Observation (Section 14)

1. We ( 1 ) ....................................................

( l) Names and

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addresses of both

and

of

medical practitioners.

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. ......................................... of

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being registered medical

practitioners recommend that (2) ................................

(2) Name and address

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of patient.

of

...................................................... be admitted

to a hospital for observation in accordance with Part III of

the Mental Health Act, 1976.

2. (a)

I (3)

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examined this patient on

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*(b)

I was acquainted with the patient previously

to conducting that examination.

I have been approved by the Minister res­

*(c)

ponsibie for Public Health under section 17 of the Act as

having special experience in the diagnosis 01' treatment of

mental disorder.

3. I (4) ............................................. last

(a)

. 19 .... .

examined that patient on

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*(b)

I was acquainted with the patient previously

to conducting that examination.

*(c)

I have been approved by the Minister res­

ponsible for Public Health under section 17 of the Act as

having special experience in the diagnosis Of treatment of

mental disorder�

4. V/e (5)

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.. .. .. .. . . .. .. .. .. .. .. .. .. . .. .. .. .. .. . . .. .... are of the opinion -

that this patient is suffering from menta l

(a)

disorder of a nature or degree which warrants his/her

detention in a hospital under observation for at least a

limited period;

AND

(b)

that this patient ought to be so detained

-

(i)

in the interests of the patient's own health

safety;

Of

with a view to the protection of other

(ii)

persons.

Signed

Date

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Signed ...........

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Date

SECTION 17(3) MENTAL HEALTH ACT

This medical recommendation shall not

be given

by any

of the following

(a)

(b) a partner of the applicant or of a practitioner by whom another medical

recommendation is given f Of the purpose of the same application;

B

(c) a per son employed by the app1icant or by any

such practitioner

as

(d) a person who receives or has an interest in the receipt of any payments

made on account of the maintenance of the patient; or

(e) the husband or wife or a relative by consanguinity or affinity up to the

second degree of the patient, or of any such person as aforesaid 01' of a practitioller

by whom another medical recornmendation is given for the purpose of the sarne

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

This application is founded on the medical recom­

mendation/s forwarded herewith.

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Application by Nearest Relative for Admission for Treatment (Sections 14 and 16)

(This application is va1id only for 14 days beginning with the date appearing on the

rnedical recornmendation as the date on which the patient was la st examined by

medical practitioner before giving that recommendation.)

TO THE MANAGER OF ( 1 ) ...................................

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l.

I (2) ........................................................

.

of .......................................................................

.

hereby apply for the admission of (3) ..........................

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. to the above-named

hospital for treatment in accordance with Part III of the

Mental Health Act, 1976 as a patient suffering from

(4)

(a)

I am the patient's nearest relative within the

2. meaning of the Act, being the patient's (5) ....................

(5)

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OR

(b) I have been authorised by the Court/the

patient's nearest relative to exercise the functions of the

patient's nearest re1ative under the Act and a copy of (6) the

authority is attached to th1s application.

I 1ast saw the patient on ........................ 19 ..

3. .

(must not be later than 14 days from date of application)

4. (This section is to be deleted if the patient is

recorded above as suffering from mental illness or severe

su bnormality).

The pa tient's da te of birth is ... .

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19 .. .

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5. This application is founded

on

the

medical

recommendations forwarded herewith.

6. (7)

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Signed ...............................................

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Date

Record of Admission

(This is not par t of the a p plicat i on but is to be com p l e t ed later at the h os p it a l)

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(8) . . .

was adrnitted

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(a)

(8)

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... in pursuance of

to (9)

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(9)

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this app 1 ic a t i o n on ................................. 19 .....

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OR

(b)

(8) ............................................. was

already i n (9)

on the date o f this app 1 i c ati o n and the application was

received by me on behalf of the manager on ................. .

19 .....

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Signed

on behalf of the manager

Date

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

(6)

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Signed ............................................... .

Date

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Record of Admission

(This is not part of the application, but is to be completed later at the hospital)

(7) . . . . .. . . . . .. . . . . . . . . . . . . .. . . . . . . . .. . .. was admitted

(a)

.

to (8) ............................................. in pursuance of

(8)

this application at ................................. 19 ..... .

OR

(b)

(7) .......................................... was already

an in-patient in (8) .................................................. .

on the date of this application and the application was

received by me on beha1f of the manager on .................

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.................. ; ........... 19 .... .

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Signed ...............................................

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on behalf of the manager

Date

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Application by a Mental Welfare Officer for Admisison for Treatment

(Sections 14 and 16)

(This application is valid o n ly for 14 days beg i n ni ng with the date appearing on the

medical recommendation as the date on which the patient was last examined by

medical practitioner before giving that recommendation.)

TO THE MANAGER OF (l) ................................... .

B

I (2)

l.

of

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hereby apply for the admission of (3) .. .

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.............................. of

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hospital for treatment in accordance with Part III of the

Mental Hea!-vh Act, 1976 as a patient suffering from

(4) ..............................................................

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2. (a) (This section should be deleted if no consul­

tation has taken place).

I ha ve consulted ............................................

.

of ........... .. ........................................... who to the

best of my knowledge and belief is the patient's nearest

relative within the meaning of the Act.

OR

l have consulted ..................................

(b)

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of ...................................................... who has been

authorised by the Court to exercise the functions of the

patient's nearest relative under the Act.

OR

I have consulted ................................... .

(c)

of .... . ................................................ who has been

authorised by ................................................ who to

the best of my knowledge and belief is the patient's nearest

relative within the meaning of the Act, to exercise the

functions of the patient's nearest relative under the Act.

AND

she/he has not notified me that she/he objects to this appli­

cation being made.

3. (This section should be deleted if consultation has

taken place).

(a) I have been unable to ascertain who is the

patient's nearest relative within the meaning of the Act.

OR

(b) To the best of my knowledge and belief this

patient has no nearest relative with in the meaning of the

Act.

OR

(c)

In my opinion it is not reasonably praeti­

c a ble! would inv01ve unreasonable delay before making this

app l iea t ion to eonsu1t

of

who to the best of my knowledge and belief is this patient's

nearest relative within the meaning of the Act/authorised

to exercise the funetions of this p . at ient s nearest relative

'

under the Act.

4. I 1ast saw the patient on ........................ 19 .,.

(must be not later than 14 days from date of app1ieation).

5. (This section is to be deleted if the patient is

recorded above as suffering from menta1 il1ness or severe

subnorma1ity.)

The p a tient s date of birth is ........................ 19 ...

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6. This app1ication is founded on the medica1 recom­

mendations forwarded herewith.

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

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Signed ............................................... .

Date

Record of Admission

(This is not part of the application, but is to be completed later at the hos,pital)

(6)

(6) ................................................... was

(a)

(7)

admitted to (7) ................................. ; ..... in pursuance

of this application at (8) .........................................

(8)

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OR

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was already

(b)

(6)

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an in-patient in (7)

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on the date of this application and the application was

received by me on beha1f of the manager at (8) ..............

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.............................. on . .

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19 ..

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Signed

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on behalf of the manager

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Date

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Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Medical Recommendation for Admission for Treatment (Section 14)

]

I ( l ) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. of ................. .

.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. being a registered medical

practitioner recommend that (2) ................................

.

of ...................................................... be admitted

to a hospital for treatment in accordance with Part III of

the Menta] Health Act, 1976.

2. I last examined this patient on ...................... .

.

19 ......

I was acquainted with the patient previously

3. *(a)

to conducting that examination.

*(b) I have been approved by the Minister

responsible for Public Health under section 17 of the Act

as having special experience in the diagnosis or treatment

of mental disorder .

4. In

my opinion this patient is suffering from

of a

(3)

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nature or degree which warrants his/her detention in a

hospital for medical treatment within the meaning of the

Act. This opinion is founded on the following grounds:-

(4)

I am of the opinion that it is necessary -

5. (i)

in the interests of this patient's health or

safety,

for the protection of other persons,

(ii)

that this patient should be detained in a hospital, and my

(5)

reasons for this option are:- (5)

Signed

Date

SECTION

17(3) MENTAL HEALTH ACT

recommendation shall

not

be given

by any of

the

following

(a)

(b) a partner of the applicant or of a practitioner by whom another medical

recommendation is given for the purpose of the same application;

(c) a person employed by the

applicant

by any such practitioner

as

01'

(d) a person who receives or has an interest in the receipt of any payments

made on account of the maintenance of the patient; or

(e)

the husband or wife or a relative by consanguinity or affinity up to the

second degree of the patient, or of any such person as aforesaid or of a practitioner

by whom another medical recommendation is given for the purpose of the same

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

(5)

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Signed ...............................................

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Date

Record of Admission

(This is not p a rt of the a p pl i catio n but is to be completed later at the hospital)

,

(6) ................................................... was

(a)

(7)

admitted to (7)

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pursuanee of this app1ication on ................................

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19 ......

OR

(6)

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(b)

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was

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a1ready in (7)

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of this application, and the applieation was received by me

on behalf of the manager on .......................... 19 .....

.

Si g n e d

on behalf of the manager

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Date

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Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAlL HEALTH ACT, 1976

Joint Medical Recommcn.datio!1 for Admission for Treatment (Section 14)

L

We

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(l)

of

and

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. ............................................ of .......................

.

. .. . .. . .. . .. .. . . . . .. . . , bein g registered medical practi-

tioners, recommend that (2) ......................................

.

of

. . .... .............................. ...... be admitted to

.

.

.

.

a hospital for treatment in accordance with Part III of the

Mental Health Act, 1976.

2. I (3)

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1ast examined

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rhis patient on ................................. 19 .... .

.

* 1 was acquainted with the patient previously to

conducting that examination.

* I have

been approved by the Minister respon­

sible for Public Health under section 17 of the Act as

having special experience in the diagnosis 01' treatment of

mental disorder.

3. l (4) . .

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.. .

..

last examined

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this patient on ................................. 19

* I was acquainted with the patient previously to

conc\ucting that examination.

* I have been approved

by the Minister respon­

sib1e for Public Health under section 17 of the Act as

having special experience in the diagnosis Of treatment of

mental disorder.

B

4. We (5)

and

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. ............................................ are of the opinion that

this patient is suffering from (6) ................................

.

....................................... of a nature or degree which

warrants his/her detention in a hospital for medical treat­

ment within the meaning of the Act. This opinion is

founded on the following grounds:-

5. We are of the opinion that it is necessary -

(i) in the interests of this patient's health and

safety;

(ii) for the protection of other persons,

that he/she should be detained in hospital, and our reasons

Jor this opinion are:- (8)

Signed ...............................................

.

Date

Signed ...............................................

.

D at e

SECTION 17(3) MENTAL HEALTH ACT

This medical recommendation

shall

not be given

by any

of the

following

(a)

(b) a partner of the applicant or of a practitioner by whom another medical

recommendation is given for the purpose of the same applicatjon;

(c) a person employed

by the applicant or by any such practitioner as

(d) a person who receives 01' has an interest in the receipt of any payments

made on account of the maintenance of the patient; or

(e) the husband or wife or a relative by consanguinity or affinity up to the

second degree of the patient, or of any such person as aforesaid or of a practitioner

by whom another medical recommendation is given for the purpose of the same

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Report on Hospital Iu·Patient (Section 18)

TO THE MANAGER OF ( l ) ............................

.

.

I (2) .......................................... am the medical

practitioner in charge of the treatment of (3) .

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(3)

....................................... , who is an in-patient in this

hospital and not at present liable to be detained u nde r the

Mental Health Act, 1976. I hereby report for the purposes

of section 18 of the Act, that it appears to me that an

application ought to be made for this patient s admission

'

to hosp i t a l under Part III of the Act for observation or for

treatment.

Signed

Date

To be completed on behalf of the manager

This report was received by me on beha lf of the

manager on ....................................... 19 .....

.

Signed

on behalf of the manager

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEAI_TH ACT, 1976

Renewal of Authority for Detention in a Hospital (Section 21 (4)

TO THE MANAGER OF (l) ............................. .

l examined (2) ...........................................

1. (2)

. .

and hereby report

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on .

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that I am of the opinion that this patient is s uffe r i ng from

that

(3)

and

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it is necessary

-

in the interests of the patient's health and

(i)

safety;

(ii) for the pro t ec t ion of other persons that the

pat ient should continue to be liable to be detained

under the Mental Health Act, 1976 beyond (4) ........

(4)

.

........................ 19

2. The reasons why t h i s patient cannot suitably

remain in hospital informally or be discharged from

hos pi t a l are

-

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Signed . .

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Responsible Medical Officer

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Date

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36l

(The fol1owing is not part of the renewal, but is to be

compJeted on behalf of the manager of the hospita]).

This report was received by me on behaH of the

manager on .................................... 1 9 . ...

.

.

Signed

Date

This report has been considered by the mallager/per

­

sons authorised to act on behalf of the manager who have

decided to order/not to order that the patient be discharged.

(5) The p at i ent has been informed of the receipt of this

(5)

report.

Signed

on beha1f of the manager

Date

Malta Government Gazette — Legal Notice 1981 90 — Hospital Admission (Forms) Regulations, 1981

MENTAL HEALTH ACT, 1976

Report Barring Discharge by Nearest Relative (Section 29)

TO THE MANAGER OF (l)

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I her e b y report, for the purposes of section 29 of the

Menta! Health Act, 1976 that I am of the opinion that

(2)

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, .............................. if discharged, would

(2)

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be likely to act in a manner dangerous to other persons or

to himseJf/herself.

5igned

Responsible Medical Officer

Date

To be completed on behalf of the manager.

This

report was re c e ive d by me on behalf of the

manager at (3)

..

. . . . on .............................

(3)

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19 ......

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Signed ................................ .

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Date

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B

The patient's nearest relative, whose notice of inten­

tioll to order

the

patient's discharge

was received at

on

was

(3)

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informed of this report on

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Signed

on behalf of the manager

Date

Ippubblikat mit·Taqsima tat·Tagħrif -- Ka.tilja

Kastilja

Publisked by Ihe Information DiYislon

-

-

tal·Gvern

Ihe c.a.s.

fl·U.C.I>-.

Mitbugħ

Stltmperija

Prinled al

Gortrnmel1l Printil1g Pnss

-

-

-

Priee JOe

-

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