{"kind":"expression","expression":{"expr_id":"1602","doc_id":"1602","label":"Control and Management of Covid-19 (No. 2) Regulations, 2022","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2022\/8\", \"expression\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01.pdf\"}, \"pdf\": {\"md5\": \"38562f132955c91645c7e32825324957\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2022\/2022-0008\/2022-0008.pdf\", \"pages\": 12, \"filename\": \"2022-0008.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2489, \"paragraph_count\": 9, \"text_char_count\": 15495}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"4. Repeal and substitution of section 7 - apprehension of a person suspected to be a 5. 6. 7. Mental Health (Amendment) Act, 2022 MENTAL HEALTH (AMENDMENT) ACT, 2022 AN ACT TO AMEND THE MENTAL HEALTH ACT (2022 REVISION) TO CLARIFY THE PROCEDURE RELATING TO EMERGENCY DETENTION ORDERS; TO PROVIDE FOR ORDERS FOR PROTECTIVE CUSTODY; TO PROVIDE FOR RESTRICTIONS ON ACCESS TO ELECTRONIC NETWORKS BY PATIENTS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Mental Health (Amendment) Act, 2022. (2) This Act shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Act and in relation to different matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Mental Health Act (2022 Revision) - interpretation 2. The Mental Health Act (2022 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended in section 2 as follows \u2014 (a) in the definition of the words \u201cmedical officer\u201d, by deleting the words \u201cof the Islands\u201d; I Assent, Martyn Roper Governor Date: 18th day of October, 2022 Mental Health (Amendment) Act, 2022 (b) in the definition of the words \u201cnearest relative\u201d, in paragraph (a), by deleting the words \u201c, a civil partner\u201d; and (c) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cemergency detention order\u201d means an order made by a medical officer under section 6(1B), under section 7(4) or under section 12(6A); \u201cobservation order\u201d means an order made by a medical officer under section 8(1); \u201corder for protective custody\u201d means an order made by a medical officer under section 6(1) or by a responsible medical officer under section 12(5); \u201cprotective custody\u201d means an arrangement where a person is being safeguarded by, or under the care and protection of, law enforcement authorities; \u201cspouse\u201d, in relation to a person, means \u2014 (a) the husband or wife of that person; or (b) the civil partner of that person; and \u201ctreatment order\u201d means an order made by a responsible medical officer under section 9(1).\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 6 - emergency detention order 3. The principal Act is amended in section 6 as follows \u2014 (a) by repealing subsection (1) and substituting the following subsections \u2014 \u201c(1) If a medical officer is of the opinion that a person is or may be suffering from a mental impairment or serious mental illness, the medical officer may make an order for protective custody in the prescribed form, authorizing a constable to \u2014 (a) take the person into protective custody; and (b) with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined. (1A) The medical doctor who examines a person under subsection (1)(b) shall, after conducting the examination \u2014 (a) complete the prescribed form to be used in the assessment of the person; and (b) consult the medical officer under subsection (1). Mental Health (Amendment) Act, 2022 (1B) If, after consultation with the medical doctor who examined the person under subsection (1)(b), the medical officer considers that the person should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing the detention of that person for up to seventy-two hours in a hospital or other place of safety able to receive and care for that person. (1C) If the medical officer forms the opinion that there is no need to further detain the person, the medical officer shall not make an emergency detention order under subsection (1B) and shall order the release of that person. (1D) If the medical officer makes an emergency detention order under subsection (1B), the medical officer shall \u2014 (a) in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person; (b) supply the Mental Health Commission with a copy of the prescribed form under subsection (1A); and (c) otherwise comply with any regulations that may be made under this Act in that regard.\u201d; (b) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) A patient or the nearest relative of a patient, within twenty-four hours of an emergency detention order being made, may request a second opinion from another medical officer and if that medical officer recommends that an emergency detention order should not have been made \u2014 (a) the emergency detention order shall be revoked; and (b) the medical officer who made the emergency detention order shall \u2014 (i) order the release of the person in respect of whom the emergency detention order was made; and (ii) refer the matter, together with all records, to the Mental Health Commission, which shall make such decision as it thinks fit.\u201d; (c) in subsection (3), by deleting the words \u201cunder this section\u201d and substituting the words \u201cpursuant to an emergency detention order\u201d; (d) in subsection (5)(b), by deleting the words \u201cunder section 8\u201d; and (e) by repealing subsection (7). Mental Health (Amendment) Act, 2022\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repeal and substitution of section 7 - apprehension of a person suspected to be a danger 4. The principal Act is amended by repealing section 7 and substituting the following section \u2014 \u201cApprehension of a person suspected to be a danger 7. (1) Where it appears to a constable that a person \u2014 (a) is, by reason of mental impairment or serious mental illness, an immediate danger, or is likely to become a danger, to himself or other persons; or (b) is threatening, attempting or preparing to inflict self-harm, the constable shall take the person into protective custody and, with all reasonable despatch but no later than twelve hours after the person is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined. (2) A constable shall, upon taking the person to a medical doctor in accordance with subsection (1), immediately complete and file the prescribed form with the receiving medical doctor, and shall indicate in the prescribed form the grounds for the constable\u2019s actions under subsection (1). (3) The medical doctor referred to in subsection (1) shall, after conducting the examination \u2014 (a) complete the prescribed form to be used in the assessment of the person; and (b) consult a medical officer. (4) If the medical officer referred to in subsection (3)(b) considers that the person should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the person be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that person. (5) If the medical officer referred to in subsection (3)(b) makes an emergency detention order under subsection (4), the medical officer shall \u2014 (a) in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person; (b) supply the Mental Health Commission with a copy of the prescribed form under subsection (3)(a); and Mental Health (Amendment) Act, 2022 (c) otherwise comply with any regulations that may be made under this Act in that regard. (6) If the medical officer referred to in subsection (3)(b) forms the opinion that there is no need to further detain the person, the medical officer shall not make an emergency detention order and shall order the release of that person.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 9 - treatment order 5. The principal Act is amended in section 9(1) by deleting the words \u201cor violates an assisted outpatient treatment order\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 12 - assisted outpatient treatment order 6. The principal Act is amended in section 12 by repealing subsections (5) and (6) and substituting the following subsections \u2014 \u201c(5) If the patient violates an assisted outpatient treatment order, the responsible medical officer may make an order for protective custody in the prescribed form, authorizing a constable to \u2014 (a) take the patient into protective custody; and (b) with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the patient before a medical doctor employed by the Government or a medical officer to be examined. (6) The medical doctor employed by the Government or medical officer who examines the patient under subsection (5)(b) shall, after conducting the examination, complete the prescribed form to be used in the assessment of the patient. (6A) Where a medical officer conducts the examination under subsection (5)(b) and the medical officer considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the patient be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that patient. (6B) Where a medical doctor employed by the Government conducts the examination under subsection (5)(b) \u2014 (a) the medical doctor employed by the Government shall consult a medical officer; and (b) if the medical officer under paragraph (a) considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, Mental Health (Amendment) Act, 2022 directing that the patient be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that patient. (6C) If the medical officer referred to in subsection (6A) or (6B) makes an emergency detention order under subsection (6B)(b), the medical officer shall \u2014 (a) in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person; (b) supply the Mental Health Commission with a copy of the prescribed form under subsection (6); and (c) otherwise comply with any regulations that may be made under this Act in that regard. (6D) If the medical officer referred to in subsection (6A) or (6B) forms the opinion that there is no need to further detain the person, the medical officer shall not make an emergency detention order and the patient shall continue to be treated under the assisted outpatient treatment order.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repeal and substitution of section 16 - postal restrictions 7. The principal Act is amended by repealing section 16 and substituting the following sections \u2014 \u201cRestrictions on access to post and electronic networks\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"(1) If, in the opinion of a responsible medical officer, the receipt of postal packets addressed to a patient detained under this Act or access to any electronic network directly or indirectly by a patient detained under this Act may have an adverse effect on the patient \u2014 (a) the receipt of any such postal packet may be withheld; and (b) access to any electronic network directly or indirectly by the patient may be denied. (2) Postal packets addressed by a patient detained under this Act for despatch by the post office or any outgoing electronic communication may be withheld \u2014 (a) if the addressee has given notice in writing to a responsible medical officer requesting that postal packets or electronic communication addressed to the addressee by the patient should be withheld; or (b) if in the opinion of a responsible medical officer, the postal packet or electronic communication \u2014 Mental Health (Amendment) Act, 2022 (i) would be unreasonably offensive to the addressee; (ii) is defamatory to other persons, other than the responsible medical officer or persons having care of the patient; or (iii) would be likely to prejudice the interests of the patient. (3) Where a postal packet is \u2014 (a) withheld under subsection (1)(a), it shall be dealt with in accordance with section 16A(1); and (b) withheld under subsection (2), it shall be dealt with in accordance with section 16A(2). (4) Where \u2014 (a) a postal packet or any outgoing electronic communication has been withheld under subsection (1)(a) or (2), respectively; or (b) access to any electronic network has been denied under subsection (1)(b), the responsible medical officer shall, subject to subsection (5), inform the patient concerned or the patient\u2019s nearest relative of the decision, and the patient concerned or the patient\u2019s nearest relative may, within seven days after being so informed, appeal to the Mental Health Commission. (5) Notwithstanding subsection (4), if in the opinion of the responsible medical officer, informing the patient concerned of the decision under subsection (4) would be detrimental to the interests of the patient and to the patient\u2019s treatment, the responsible medical officer shall inform the patient\u2019s nearest relative of the decision. Procedure where postal packets withheld 16A. (1) Where a responsible medical officer withholds a postal packet in accordance with section 16(1)(a), the responsible medical officer shall ensure that \u2014 (a) if the address of the sender is known to the responsible medical officer, the postal packet is returned to the sender; or (b) if the address of the sender is not known to the responsible medical officer, the postal packet is \u2014 (i) posted to the Mental Health Commission; or (ii) produced to a member of the Mental Health Commission who next visits the hospital after the receipt of the letter or article. Mental Health (Amendment) Act, 2022 (2) Where a responsible medical officer withholds a postal packet in accordance with section 16(2), the responsible medical officer shall ensure that the postal packet is \u2014 (a) posted to the Mental Health Commission; or (b) produced to a member of the Mental Health Commission who next visits the hospital after the receipt of the letter or article.\u201d. Passed by the Parliament the 10th day of October, 2022. Hon. Katherine Ebanks-Wilks Deputy Speaker Zena Merren-Chin Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2022_01_01\", \"date\": \"2022-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2022_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2022_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2022\/8\", \"FRBRdate\": [{\"date\": \"2022-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2022\/8\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2022-0008\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"8 of 2022\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"amending\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01\", \"FRBRdate\": [{\"date\": \"2022-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2022\/8\/eng@2022-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Control and Management of Covid-19 (No. 2) Regulations, 2022\", \"actNumber\": \"8 of 2022\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMENTAL HEALTH (AMENDMENT) ACT,\n2022\n(Act 8 of 2022)\nSupplement No. 2 published with Legislation Gazette No. 41 dated 19th October, 2022.\n\u2000\n\nPage 2\nAct 8 of 2022\nc\n\nPUBLISHING DETAILS\n\nMental Health (Amendment) Act, 2022\nArrangement of Sections\n\nc\nAct 8 of 2022\nPage 3\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH (AMENDMENT) ACT, 2022\n(Act 8 of 2022)\nArrangement of Sections\nSection\nPage\n1.\nShort title and commencement ..................................................................................................5\n2.\nAmendment of section 2 of the Mental Health Act (2022 Revision) - interpretation .....................5\n3.\nAmendment of section 6 - emergency detention order ...............................................................6\n4.\nRepeal and substitution of section 7 - apprehension of a person suspected to be a\ndanger .......................................................................................................................................8\n5.\nAmendment of section 9 - treatment order .................................................................................9\n6.\nAmendment of section 12 - assisted outpatient treatment order .................................................9\n7.\nRepeal and substitution of section 16 - postal restrictions ........................................................ 10\n\nMental Health (Amendment) Act, 2022\nSection 1\n\nc\nAct 8 of 2022\nPage 5\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH (AMENDMENT) ACT, 2022\n(Act 8 of 2022)\nAN ACT TO AMEND THE MENTAL HEALTH ACT (2022 REVISION) TO CLARIFY THE\nPROCEDURE RELATING TO EMERGENCY DETENTION ORDERS; TO PROVIDE FOR\nORDERS FOR PROTECTIVE CUSTODY; TO PROVIDE FOR RESTRICTIONS ON\nACCESS TO ELECTRONIC NETWORKS BY PATIENTS; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Mental Health (Amendment) Act, 2022.\n(2) This Act shall come into force on such date as may be appointed by Order made\nby the Cabinet and different dates may be appointed for different provisions of\nthis Act and in relation to different matters.\n2.\nAmendment of section 2 of the Mental Health Act (2022 Revision) -\ninterpretation\n2.\nThe Mental Health Act (2022 Revision), in this Act referred to as the \u201cprincipal Act\u201d,\nis amended in section 2 as follows \u2014\n(a)\nin the definition of the words \u201cmedical officer\u201d, by deleting the words \u201cof\nthe Islands\u201d;\n(Act 8 of 2022)\nI Assent,\nMartyn Roper\nGovernor\nDate: 18th day of October, 2022\n\nSection 3\nMental Health (Amendment) Act, 2022\n\nPage 6\nAct 8 of 2022\nc\n\n(b) in the definition of the words \u201cnearest relative\u201d, in paragraph (a), by\ndeleting the words \u201c, a civil partner\u201d; and\n(c)\nby inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cemergency detention order\u201d means an order made by a medical\nofficer under section 6(1B), under section 7(4) or under section\n12(6A);\n\u201cobservation order\u201d means an order made by a medical officer\nunder section 8(1);\n\u201corder for protective custody\u201d means an order made by a medical\nofficer under section 6(1) or by a responsible medical officer under\nsection 12(5);\n\u201cprotective custody\u201d means an arrangement where a person is being\nsafeguarded by, or under the care and protection of, law enforcement\nauthorities;\n\u201cspouse\u201d, in relation to a person, means \u2014\n(a)\nthe husband or wife of that person; or\n(b) the civil partner of that person; and\n\u201ctreatment order\u201d means an order made by a responsible medical\nofficer under section 9(1).\u201d.\n3.\nAmendment of section 6 - emergency detention order\n3.\nThe principal Act is amended in section 6 as follows \u2014\n(a)\nby repealing subsection (1) and substituting the following subsections \u2014\n\u201c(1) If a medical officer is of the opinion that a person is or may be\nsuffering from a mental impairment or serious mental illness, the\nmedical officer may make an order for protective custody in the\nprescribed form, authorizing a constable to \u2014\n(a)\ntake the person into protective custody; and\n(b) with all reasonable despatch, but no later than twelve hours after\nthe person is taken into protective custody, bring the person\nbefore a medical doctor employed by the Government to be\nexamined.\n(1A) The medical doctor who examines a person under subsection (1)(b)\nshall, after conducting the examination \u2014\n(a) complete the prescribed form to be used in the assessment of\nthe person; and\n(b) consult the medical officer under subsection (1).\n\nMental Health (Amendment) Act, 2022\nSection 3\n\nc\nAct 8 of 2022\nPage 7\n\n(1B) If, after consultation with the medical doctor who examined the\nperson under subsection (1)(b), the medical officer considers that the\nperson should be further detained, the medical officer shall make an\nemergency detention order in the prescribed form, directing the\ndetention of that person for up to seventy-two hours in a hospital or\nother place of safety able to receive and care for that person.\n(1C) If the medical officer forms the opinion that there is no need to further\ndetain the person, the medical officer shall not make an emergency\ndetention order under subsection (1B) and shall order the release of\nthat person.\n(1D) If the medical officer makes an emergency detention order under\nsubsection (1B), the medical officer shall \u2014\n(a)\nin writing, as soon as practicable thereafter, inform the Mental\nHealth Commission of the detention of the person;\n(b) supply the Mental Health Commission with a copy of the\nprescribed form under subsection (1A); and\n(c)\notherwise comply with any regulations that may be made under\nthis Act in that regard.\u201d;\n(b) by repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) A patient or the nearest relative of a patient, within twenty-four hours\nof an emergency detention order being made, may request a second\nopinion from another medical officer and if that medical officer\nrecommends that an emergency detention order should not have been\nmade \u2014\n(a) the emergency detention order shall be revoked; and\n(b) the medical officer who made the emergency detention order\nshall \u2014\n(i)\norder the release of the person in respect of whom the\nemergency detention order was made; and\n(ii) refer the matter, together with all records, to the Mental\nHealth Commission, which shall make such decision as it\nthinks fit.\u201d;\n(c)\nin subsection (3), by deleting the words \u201cunder this section\u201d and\nsubstituting the words \u201cpursuant to an emergency detention order\u201d;\n(d) in subsection (5)(b), by deleting the words \u201cunder section 8\u201d; and\n(e)\nby repealing subsection (7).\n\nSection 4\nMental Health (Amendment) Act, 2022\n\nPage 8\nAct 8 of 2022\nc\n\n4.\nRepeal and substitution of section 7 - apprehension of a person suspected\nto be a danger\n4.\nThe principal Act is amended by repealing section 7 and substituting the following\nsection \u2014\n\u201cApprehension of a person suspected to be a danger\n7.\n(1) Where it appears to a constable that a person \u2014\n(a)\nis, by reason of mental impairment or serious mental illness, an\nimmediate danger, or is likely to become a danger, to himself\nor other persons; or\n(b) is threatening, attempting or preparing to inflict self-harm,\nthe constable shall take the person into protective custody and, with\nall reasonable despatch but no later than twelve hours after the person\nis taken into protective custody, bring the person before a medical\ndoctor employed by the Government to be examined.\n(2) A constable shall, upon taking the person to a medical doctor in\naccordance with subsection (1), immediately complete and file the\nprescribed form with the receiving medical doctor, and shall indicate\nin the prescribed form the grounds for the constable\u2019s actions under\nsubsection (1).\n(3) The medical doctor referred to in subsection (1) shall, after\nconducting the examination \u2014\n(a)\ncomplete the prescribed form to be used in the assessment of\nthe person; and\n(b) consult a medical officer.\n(4) If the medical officer referred to in subsection (3)(b) considers that\nthe person should be further detained, the medical officer shall make\nan emergency detention order in the prescribed form, directing that\nthe person be detained for up to seventy-two hours in a hospital or\nother place of safety able to receive and care for that person.\n(5) If the medical officer referred to in subsection (3)(b) makes an\nemergency detention order under subsection (4), the medical officer\nshall \u2014\n(a)\nin writing, as soon as practicable thereafter, inform the Mental\nHealth Commission of the detention of the person;\n(b) supply the Mental Health Commission with a copy of the\nprescribed form under subsection (3)(a); and\n\nMental Health (Amendment) Act, 2022\nSection 5\n\nc\nAct 8 of 2022\nPage 9\n\n(c)\notherwise comply with any regulations that may be made under\nthis Act in that regard.\n(6) If the medical officer referred to in subsection (3)(b) forms the\nopinion that there is no need to further detain the person, the medical\nofficer shall not make an emergency detention order and shall order\nthe release of that person.\u201d.\n5.\nAmendment of section 9 - treatment order\n5.\nThe principal Act is amended in section 9(1) by deleting the words \u201cor violates an\nassisted outpatient treatment order\u201d.\n6.\nAmendment of section 12 - assisted outpatient treatment order\n6.\nThe principal Act is amended in section 12 by repealing subsections (5) and (6) and\nsubstituting the following subsections \u2014\n\u201c(5) If the patient violates an assisted outpatient treatment order, the\nresponsible medical officer may make an order for protective custody\nin the prescribed form, authorizing a constable to \u2014\n(a) take the patient into protective custody; and\n(b) with all reasonable despatch, but no later than twelve hours after\nthe person is taken into protective custody, bring the patient\nbefore a medical doctor employed by the Government or a\nmedical officer to be examined.\n(6) The medical doctor employed by the Government or medical officer\nwho examines the patient under subsection (5)(b) shall, after\nconducting the examination, complete the prescribed form to be used\nin the assessment of the patient.\n(6A) Where a medical officer conducts the examination under subsection\n(5)(b) and the medical officer considers that the patient should be\nfurther detained, the medical officer shall make an emergency\ndetention order in the prescribed form, directing that the patient be\ndetained for up to seventy-two hours in a hospital or other place of\nsafety able to receive and care for that patient.\n(6B) Where a medical doctor employed by the Government conducts the\nexamination under subsection (5)(b) \u2014\n(a) the medical doctor employed by the Government shall consult\na medical officer; and\n(b) if the medical officer under paragraph (a) considers that the\npatient should be further detained, the medical officer shall\nmake an emergency detention order in the prescribed form,\n\nSection 7\nMental Health (Amendment) Act, 2022\n\nPage 10\nAct 8 of 2022\nc\n\ndirecting that the patient be detained for up to seventy-two\nhours in a hospital or other place of safety able to receive and\ncare for that patient.\n(6C) If the medical officer referred to in subsection (6A) or (6B) makes an\nemergency detention order under subsection (6B)(b), the medical\nofficer shall \u2014\n(a)\nin writing, as soon as practicable thereafter, inform the Mental\nHealth Commission of the detention of the person;\n(b) supply the Mental Health Commission with a copy of the\nprescribed form under subsection (6); and\n(c)\notherwise comply with any regulations that may be made under\nthis Act in that regard.\n(6D) If the medical officer referred to in subsection (6A) or (6B) forms the\nopinion that there is no need to further detain the person, the medical\nofficer shall not make an emergency detention order and the patient\nshall continue to be treated under the assisted outpatient treatment\norder.\u201d.\n7.\nRepeal and substitution of section 16 - postal restrictions\n7.\nThe principal Act is amended by repealing section 16 and substituting the following\nsections \u2014\n\u201cRestrictions on access to post and electronic networks\n16. (1) If, in the opinion of a responsible medical officer, the receipt of postal\npackets addressed to a patient detained under this Act or access to\nany electronic network directly or indirectly by a patient detained\nunder this Act may have an adverse effect on the patient \u2014\n(a)\nthe receipt of any such postal packet may be withheld; and\n(b) access to any electronic network directly or indirectly by the\npatient may be denied.\n(2) Postal packets addressed by a patient detained under this Act for\ndespatch by the post office or any outgoing electronic\ncommunication may be withheld \u2014\n(a)\nif the addressee has given notice in writing to a responsible\nmedical officer requesting that postal packets or electronic\ncommunication addressed to the addressee by the patient should\nbe withheld; or\n(b) if in the opinion of a responsible medical officer, the postal\npacket or electronic communication \u2014\n\nMental Health (Amendment) Act, 2022\nSection 7\n\nc\nAct 8 of 2022\nPage 11\n\n(i)\nwould be unreasonably offensive to the addressee;\n(ii) is defamatory to other persons, other than the responsible\nmedical officer or persons having care of the patient; or\n(iii) would be likely to prejudice the interests of the patient.\n(3) Where a postal packet is \u2014\n(a)\nwithheld under subsection (1)(a), it shall be dealt with in\naccordance with section 16A(1); and\n(b) withheld under subsection (2), it shall be dealt with in\naccordance with section 16A(2).\n(4) Where \u2014\n(a)\na postal packet or any outgoing electronic communication has\nbeen withheld under subsection (1)(a) or (2), respectively; or\n(b) access to any electronic network has been denied under\nsubsection (1)(b),\nthe responsible medical officer shall, subject to subsection (5),\ninform the patient concerned or the patient\u2019s nearest relative of the\ndecision, and the patient concerned or the patient\u2019s nearest relative\nmay, within seven days after being so informed, appeal to the Mental\nHealth Commission.\n(5) Notwithstanding subsection (4), if in the opinion of the responsible\nmedical officer, informing the patient concerned of the decision\nunder subsection (4) would be detrimental to the interests of the\npatient and to the patient\u2019s treatment, the responsible medical officer\nshall inform the patient\u2019s nearest relative of the decision.\nProcedure where postal packets withheld\n16A. (1) Where a responsible medical officer withholds a postal packet in\naccordance with section 16(1)(a), the responsible medical officer\nshall ensure that \u2014\n(a)\nif the address of the sender is known to the responsible medical\nofficer, the postal packet is returned to the sender; or\n(b) if the address of the sender is not known to the responsible\nmedical officer, the postal packet is \u2014\n(i)\nposted to the Mental Health Commission; or\n(ii) produced to a member of the Mental Health Commission\nwho next visits the hospital after the receipt of the letter or\narticle.\n\nSection 7\nMental Health (Amendment) Act, 2022\n\nPage 12\nAct 8 of 2022\nc\n\n(2) Where a responsible medical officer withholds a postal packet in\naccordance with section 16(2), the responsible medical officer shall\nensure that the postal packet is \u2014\n(a)\nposted to the Mental Health Commission; or\n(b) produced to a member of the Mental Health Commission who\nnext visits the hospital after the receipt of the letter or article.\u201d.\nPassed by the Parliament the 10th day of October, 2022.\nHon. 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