{"kind":"expression","expression":{"expr_id":"571","doc_id":"571","label":"2024 Revision","is_as_enacted":"f","commenced_on":"2024-02-08","superseded_on":null,"valid_from":"2024-02-08","valid_to":null,"is_current":"t","incorporating":"[\"Act 56\/2020 - Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 - 3-Dec-2020\", \"Act 9\/2022 - Mental Health Commission (Amendment) Act, 2022 - LG41\/2022\/s3 - 26-Jan-2023\", \"Sl 1\/2023 - Mental Health (Amendment) Act, 2022 (Commencement) Order, 2023 - LG5\/2023\/s1 - 25-Jan-2023\"]","akn_expr_iri":"\/akn\/ky\/act\/2013\/14\/eng@2024-02-08","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2013\/14\", \"expression\": \"\/akn\/ky\/act\/2013\/14\/eng@2024-02-08\", \"manifestation\": \"\/akn\/ky\/act\/2013\/14\/eng@2024-02-08.pdf\"}, \"pdf\": {\"md5\": \"787af81037ce90d80ab503b88b54adc3\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2013\/2013-0014\/2013-0014_2024 Revision.pdf\", \"pages\": 20, \"filename\": \"2013-0014_2024 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3019, \"paragraph_count\": 15, \"text_char_count\": 20137}, \"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\": \"Mental Health Commission Act (2024 Revision) SCHEDULE 2 PROFESSIONS OF NURSING SCHEDULE 3 PROFESSIONS OF MENTAL HEALTH PRACTITIONERS ENDNOTES Mental Health Commission Act (2024 Revision) (2024 Revision) PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Mental Health Commission Act (2024 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Act \u2014 \u201cCommission\u201d means the Mental Health Commission established by section 3 of this Act; \u201cmember\u201d means a member of the Commission and includes the Chairperson and Deputy Chairperson; \u201cMinister\u201d means the Minister responsible for health; and \u201cprescribed\u201d means prescribed by regulations made under this Act. PART 2 - MENTAL HEALTH COMMISSION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Mental Health Commission established 3. There is hereby established the Mental Health Commission, which shall have the powers and duties conferred or imposed upon it by this Act. Mental Health Commission Act (2024 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution, membership, etc., of Commission 4. (1) The Commission shall consist of the following nine members all of whom shall be appointed by the Cabinet \u2014 (a) two attorneys-at-law; (b) two persons who are registered under Schedule 5, 6 or 7 of the Health Practice Act (2021 Revision) and, in addition, have training or experience in mental health; (c) one medical doctor registered under Schedule 4 of the Health Practice Act (2021 Revision) who, in addition, has a specialisation in psychiatry; (d) one medical doctor registered under Schedule 4 of the Health Practice Act (2021 Revision)  who, in addition, has training in or experience in mental health; and (e) three members of the public, that is, persons who are not registered under the Health Practice Act (2021 Revision) and have never been members of any of the professions registered under that Act. (2) One of the members shall be designated as Chairperson and two as Deputy Chairpersons, at least two of the three having been appointed under subsection (1)(a), (b) and (c). (3) Appointments made under subsection (1) shall be published in the Gazette. (4) Members shall hold office for a term not exceeding three years and be eligible for re-appointment. (5) The members shall hold and vacate office in accordance with the terms of their appointment. (6) The Commission may act despite a vacancy in its membership, including a vacancy in the office of Chairperson or Deputy Chairpersons. (7) The Cabinet may terminate a member\u2019s appointment if the member \u2014 (a) has been adjudged bankrupt; (b) is unable by reason of physical or mental illness to perform that person\u2019s functions; (c) has been absent from three consecutive meetings of the Commission without the consent of the Chairperson of the Commission; or (d) for any other reason. (8) Where any member ceases to be a member before the normal expiration of that member\u2019s office, the Cabinet may appoint another person to hold that office until the time the said member\u2019s office would have expired. (9) Members who are not public servants may, in the discretion of the Cabinet, be paid such allowances in respect of attendance at the meetings of the Commission as the Cabinet may determine and for the purpose of this subsection the Mental Health Commission Act (2024 Revision) attendance of any member at a meeting of the Commission shall be certified by the Chairperson of that meeting. (10) A written notice or other document required to be served on the Commission may be served by leaving the notice or document at the office of the Commission or by sending it through the post in a prepaid letter addressed to the Commission at its office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Meetings of Commission 5. (1) The Commission shall meet as often as it thinks necessary for the performance of its functions and shall, without limiting the generality of this provision, meet at least four times in a year. (2) Three members present including the Chairperson, or one of the Deputy Chairpersons, at any meeting of the Commission shall constitute a quorum. (3) At a meeting of the Commission \u2014 (a) in the absence of the Chairperson, the Chairperson shall designate one of the two Deputy Chairpersons to preside; (b) in the absence of the Chairperson and the two Deputy Chairpersons, the Chairperson shall designate another member to preside; and where the Chairperson is unable to designate someone to act \u2014 (c) and both Deputy Chairpersons are able to attend, the members present at the meeting shall designate one of the two Deputy Chairpersons to preside; (d) and at least one of the Deputy Chairpersons is able to attend, that Deputy Chairperson shall preside; and (e) and both Deputy Chairpersons are not able to attend, the members present shall designate one of their number to preside. (4) A question or matter to be determined by the Commission at any meeting shall be decided by a majority of the votes of the members present and voting. (5) Where there is a tie, the Chairperson shall exercise a casting vote. (6) Except to the extent already regulated by this section, the Commission shall regulate its own procedure. (7) The Commission may \u2014 (a) act through a committee; and (b) delegate any of its functions or powers to such committee and to any of their own number and to the public officers of the Commission, except that where the Commission sets up a committee which consists of members other than members of the Commission or the public officers of the Commission, it may only act or delegate its functions or powers to such committee with the prior approval of the Cabinet. Mental Health Commission Act (2024 Revision) (8) Where a member has a direct pecuniary interest in a matter being considered by the Commission and is present at a meeting of the Commission at which the matter is the subject of consideration, that member shall, as soon as practicable after its commencement, disclose that fact and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it, and shall be excluded from the meeting for the duration of the consideration, discussion and voting procedure. (9) A member who fails to comply with subsection (8) commits an offence and is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars and to imprisonment for two years; or (b) on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for five years, unless that member proves that, at the time when the matter was the subject of consideration at that meeting, that that member did not know or could not be reasonably have been expected to know that the said member had a direct pecuniary interest. (10) A disclosure made under subsection (8) shall be recorded in the minutes of the meeting. (11) Failure to make a disclosure under this section does not invalidate the act or proceeding concerned. (12) The deliberations of the Commission shall be confidential but the Commission shall cause any decision which affects the members of the public to be published in the Gazette, on a website or in a newspaper published in the Islands. (13) Neither the Commission nor any member of a committee or employee of the Commission shall be liable in damages for anything done or omitted in the discharge of their respective functions under this Act unless it is shown that the act or omission was in bad faith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Secretary to the Commission 6. (1) The chief officer in the Ministry responsible for health shall, on such terms and conditions as the chief officer thinks fit, appoint a part-time Secretary to the Commission, and, without limiting the generality of this power, in determining the terms of conditions may specify which provisions of the Public Service Management Act (2018 Revision) and Personnel Regulations (2022 Revision) shall apply or not apply to the Secretary. (2) The Secretary shall record and keep, or cause to be kept, all minutes of the meetings, proceedings and decisions of the Commission but shall have no right to vote. Mental Health Commission Act (2024 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Functions of Commission: Quasi- judicial 7. The functions of the Commission shall be to \u2014 (a) hear and determine appeals made under sections 6(3), 8(4) and 9(5) of the Mental Health Act (2023 Revision); (b) conduct reviews under section 6(4) of the Mental Health Act (2023 Revision); (c) hear and determine appeals made under section 9(5) of the Mental Health Act (2023 Revision) with regard to treatment orders and exercise the powers referred to in section 9(3) of that Act in relation thereto; (d) hear and determine appeals made under section 12(7) of the Mental Health Act (2023 Revision); and (e)  hear and determine appeals made under section 16(4) of the Mental Health Act (2023 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Functions of Commission: Recommendations to Health Practice Commission and Councils, etc. 8. The functions of the Commission are to \u2014 (a) submit an annual report to the Minister responsible for health on the needs and performance of the Islands\u2019 mental health system, including complaints, which report shall be tabled in the Cayman Islands Parliament; (b) review and advise on scopes of practice and codes of ethics for practitioners, which codes shall be prepared by the relevant registering Council; (c) provide policy advice to the relevant registering Council, including the minimum requirements, for registration in order to be licensed in a category referred to in the Schedule; (d) advise the Health Practice Commission regarding mental health facilities; and (e) advise the Health Practice Commission regarding medical research and clinical trials in mental health.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Functions of Commission: general 9. The functions of the Commission are to \u2014 (a) advise and guide other government agencies to such extent as they may require; (b) obtain and compile statistics on mental illness; (c) oversee and deliver mental health training and sensitisation sessions for prison officers, constables and any other persons who may, in the Mental Health Commission Act (2024 Revision) performance of their functions, be expected to deal with mental health patients; (d) approve a list of overseas mental health facilities for the purpose of referral of patients; (e) advise the Cabinet with regard to the exercise of the powers conferred on Cabinet under section 20(a) of the Mental Health Act (2023 Revision) to declare \u201cplaces of safety\u201d; (f) make recommendations to the Minister regarding mental health research; (g) research and establish protocols and guidelines for mental health advocacy and approve persons to act as advocates; (h) establish and maintain a programme which provides information to the general public concerning mental illness and co-occurring disorders and related conditions (i) consider ways to involve the general public in the decisions concerning the policy on mental illness and co-occurring disorders and related conditions; (j) review and evaluate the community\u2019s mental health needs, services and special problems with a view to making recommendations on policy and research to the Minister responsible for mental health; and (k) advise on the establishment of programmes for the provision of on-going care for persons living in the Cayman Islands for the treatment of persons with mental illness or co-occurring disorders and persons with related conditions; and (l) review the progress of patients transferred overseas under section 14 of the Mental Health Act (2023 Revision) and recommend to the Cabinet when it is appropriate to return such patients to the Islands; (m) review and offer advice to the Elections Office regarding the eligibility of mental health patients; (n) review every six months the progress of remand prisoners deemed unfit to plead and submit it to the chief officer, Judicial Administration; (o) give policy advice to the Minister responsible for health on any aspect of the local mental health system; and (p) perform such other functions as the as the Cabinet may determine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Incidental powers and cautions of Commission 10. (1) In carrying out its functions under this Act, the Commission may \u2014 (a) collaborate with such persons as it considers necessary or expedient in the collection, compilation and publication of statistics relating to the provision of mental health services in the Islands; Mental Health Commission Act (2024 Revision) (b) with the approval of the Cabinet, enter into arrangements with any department of the Government for the use of the personnel, facilities and services of that department to any extent not incompatible with that department\u2019s operation. (2) No publication of statistics under subsection (1)(a) shall contain any particulars so arranged as to enable any person to identify any particulars relating to any individual person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Delegation of functions 11. A delegation by the Commission under section 5(7) \u2014 (a) does not preclude the Commission from exercising or performing at any time any of the functions or duties so delegated; (b) may be conditional, qualified or limited in such manner as the Commission may think fit; and (c) may be amended at any time by the Commission.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Advice of Commission to Health Practice Commission and Councils 12. In any matter relating to the professions specified in Schedules 1, 2 and 3, the Commission may, on its own initiative or upon request by the Health Practice Commission or the relevant Council, give general or specific advice to the Health Practice Commission or Council concerned to such extent as may be specified in the Health Practice Act (2021 Revision) this Act or any other Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Minister may give policy directions to Commission 13. The Minister may, after consultation with the Commission, give it such policy or general directions as to the exercise by the Commission of its functions as appear to be necessary or expedient in the public interest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Regulations 14. The Cabinet may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act and, in particular \u2014 (a) requiring particulars and information to be supplied at prescribed times by persons in prescribed areas for prescribed periods; and (b) prescribing information which is to be supplied to the Commission and the form in which it shall be submitted; and (c) outlining the matters that the Commission shall take into account in performing its functions under this Act. Mental Health Commission Act (2024 Revision) SCHEDULE 1 SCHEDULE 1 (Section 12) PROFESSIONS OF MEDICAL DOCTORS Medical doctors (where dealing with mental health) SCHEDULE 2 Mental Health Commission Act (2024 Revision) SCHEDULE 2 (Section 12) PROFESSIONS OF NURSING Registered mental health nurses Clinical nurse specialists (where dealing with mental health) Nurse practitioners (where dealing with mental health) Registered nurses (where dealing with mental health) Advanced practice nurses (where dealing with mental health) Registered general nurses (where dealing with mental health) Mental Health Commission Act (2024 Revision) SCHEDULE 3 SCHEDULE 3 (Section 12) PROFESSIONS OF MENTAL HEALTH PRACTITIONERS Mental health counsellors Clinical psychologists (where dealing with mental health) Psychotherapists (where dealing with mental health) Substance abuse counsellors (where dealing with mental health) Psychologists, Doctoral and Master\u2019s Level (where dealing with mental health) Counsellors (where dealing with mental health) Therapists (where dealing with mental health) Social workers (where dealing with mental health) Publication in consolidated and revised form authorised by the Cabinet this 30th day of January, 2024. Kim Bullings Clerk of Cabinet Mental Health Commission Act (2024 Revision) SCHEDULE 3 Mental Health Commission Act (2024 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law\/Act # Legislation Commencement Gazette 1\/2023 Mental Health (Amendment) Act, 2022 (Commencement) Order, 2023 25-Jan-2023 LG5\/2023\/s1 9\/2022 Mental Health Commission (Amendment) Act, 2022 26-Jan-2023 LG41\/2022\/s3 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 38\/2013 Mental Health Commission Law, 2013 (Commencement) Order, 2013 1-Nov-2013 GE87\/2013\/s3 14\/2013 Mental Health Commission Law, 2013 1-Nov-2013 LG41\/2013\/s5 ENDNOTES Mental Health Commission Act (2024 Revision) (Price: $4.00)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2024_02_08\", \"date\": \"2024-02-08\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, 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\"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Mental Health Commission Act\", \"actNumber\": \"14 of 2013\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMENTAL HEALTH COMMISSION ACT\n(2024 Revision)\n\nSupplement No. 4 published with Legislation Gazette No. 7 of 8th February, 2024.\n\nPage 2\nRevised as at 31st December, 2023\nc\n\nPUBLISHING DETAILS\nLaw 14 of 2013 consolidated with Act 9 of 2022 and as amended by the Citation of Acts\nof Parliament Act, 2020 [Act 56 of 2020].\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 14 of 2013-25th March, 2013\nAct 9 of 2022-10th October, 2022.\n\nConsolidated and revised this 31st day of December, 2023.\n\nMental Health Commission Act (2024 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2023\nPage 3\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH COMMISSION ACT\n(2024 Revision)\nArrangement of Sections\nSection\nPage\nPART 1 - PRELIMINARY\n1.\nShort title ...................................................................................................................................5\n2.\nInterpretation .............................................................................................................................5\nPART 2 - MENTAL HEALTH COMMISSION\n3.\nMental Health Commission established .....................................................................................5\n4.\nConstitution, membership, etc., of Commission .........................................................................6\n5.\nMeetings of Commission ............................................................................................................7\n6.\nSecretary to the Commission .....................................................................................................8\n7.\nFunctions of Commission: Quasi- judicial ...................................................................................9\n8.\nFunctions of Commission: Recommendations to Health Practice Commission and\nCouncils, etc. .............................................................................................................................9\n9.\nFunctions of Commission: general .............................................................................................9\n10.\nIncidental powers and cautions of Commission ........................................................................ 10\n11.\nDelegation of functions ............................................................................................................ 11\n12.\nAdvice of Commission to Health Practice Commission and Councils ....................................... 11\n13.\nMinister may give policy directions to Commission ................................................................... 11\n14.\nRegulations ............................................................................................................................. 11\nSCHEDULE 1\n13\nPROFESSIONS OF MEDICAL DOCTORS\n13\n\nArrangement of Sections\nMental Health Commission Act (2024 Revision)\n\nPage 4\nRevised as at 31st December, 2023\nc\n\nSCHEDULE 2\n14\nPROFESSIONS OF NURSING\n14\nSCHEDULE 3\n15\nPROFESSIONS OF MENTAL HEALTH PRACTITIONERS\n15\nENDNOTES\n19\nTable of Legislation history: ............................................................................................................... 19\n\nMental Health Commission Act (2024 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2023\nPage 5\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH COMMISSION ACT\n(2024 Revision)\n\nPART 1 - PRELIMINARY\n1.\nShort title\n1.\nThis Act may be cited as the Mental Health Commission Act (2024 Revision).\n\n2.\nInterpretation\n2.\nIn this Act \u2014\n\u201cCommission\u201d means the Mental Health Commission established by section 3\nof this Act;\n\u201cmember\u201d means a member of the Commission and includes the Chairperson\nand Deputy Chairperson;\n\u201cMinister\u201d means the Minister responsible for health; and\n\u201cprescribed\u201d means prescribed by regulations made under this Act.\nPART 2 - MENTAL HEALTH COMMISSION\n3.\nMental Health Commission established\n3.\nThere is hereby established the Mental Health Commission, which shall have the\npowers and duties conferred or imposed upon it by this Act.\n\nSection 4\nMental Health Commission Act (2024 Revision)\n\nPage 6\nRevised as at 31st December, 2023\nc\n\n4.\nConstitution, membership, etc., of Commission\n4.\n(1) The Commission shall consist of the following nine members all of whom shall\nbe appointed by the Cabinet \u2014\n(a)\ntwo attorneys-at-law;\n(b) two persons who are registered under Schedule 5, 6 or 7 of the Health\nPractice Act (2021 Revision) and, in addition, have training or experience\nin mental health;\n(c)\none medical doctor registered under Schedule 4 of the Health Practice Act\n(2021 Revision) who, in addition, has a specialisation in psychiatry;\n(d) one medical doctor registered under Schedule 4 of the Health Practice Act\n(2021 Revision)  who, in addition, has training in or experience in mental\nhealth; and\n(e)\nthree members of the public, that is, persons who are not registered under\nthe Health Practice Act (2021 Revision) and have never been members of\nany of the professions registered under that Act.\n(2) One of the members shall be designated as Chairperson and two as Deputy\nChairpersons, at least two of the three having been appointed under\nsubsection (1)(a), (b) and (c).\n(3) Appointments made under subsection (1) shall be published in the Gazette.\n(4) Members shall hold office for a term not exceeding three years and be eligible\nfor re-appointment.\n(5) The members shall hold and vacate office in accordance with the terms of their\nappointment.\n(6) The Commission may act despite a vacancy in its membership, including a\nvacancy in the office of Chairperson or Deputy Chairpersons.\n(7) The Cabinet may terminate a member\u2019s appointment if the member \u2014\n(a)\nhas been adjudged bankrupt;\n(b) is unable by reason of physical or mental illness to perform that person\u2019s\nfunctions;\n(c)\nhas been absent from three consecutive meetings of the Commission\nwithout the consent of the Chairperson of the Commission; or\n(d) for any other reason.\n(8) Where any member ceases to be a member before the normal expiration of that\nmember\u2019s office, the Cabinet may appoint another person to hold that office\nuntil the time the said member\u2019s office would have expired.\n(9) Members who are not public servants may, in the discretion of the Cabinet, be\npaid such allowances in respect of attendance at the meetings of the Commission\nas the Cabinet may determine and for the purpose of this subsection the\n\nMental Health Commission Act (2024 Revision)\nSection 5\n\nc\nRevised as at 31st December, 2023\nPage 7\n\nattendance of any member at a meeting of the Commission shall be certified by\nthe Chairperson of that meeting.\n(10) A written notice or other document required to be served on the Commission\nmay be served by leaving the notice or document at the office of the Commission\nor by sending it through the post in a prepaid letter addressed to the Commission\nat its office.\n5.\nMeetings of Commission\n5.\n(1) The Commission shall meet as often as it thinks necessary for the performance\nof its functions and shall, without limiting the generality of this provision, meet\nat least four times in a year.\n(2) Three members present including the Chairperson, or one of the Deputy\nChairpersons, at any meeting of the Commission shall constitute a quorum.\n(3) At a meeting of the Commission \u2014\n(a)\nin the absence of the Chairperson, the Chairperson shall designate one of\nthe two Deputy Chairpersons to preside;\n(b) in the absence of the Chairperson and the two Deputy Chairpersons, the\nChairperson shall designate another member to preside;\nand where the Chairperson is unable to designate someone to act \u2014\n(c)\nand both Deputy Chairpersons are able to attend, the members present at\nthe meeting shall designate one of the two Deputy Chairpersons to preside;\n(d) and at least one of the Deputy Chairpersons is able to attend, that Deputy\nChairperson shall preside; and\n(e)\nand both Deputy Chairpersons are not able to attend, the members present\nshall designate one of their number to preside.\n(4) A question or matter to be determined by the Commission at any meeting shall\nbe decided by a majority of the votes of the members present and voting.\n(5) Where there is a tie, the Chairperson shall exercise a casting vote.\n(6) Except to the extent already regulated by this section, the Commission shall\nregulate its own procedure.\n(7) The Commission may \u2014\n(a)\nact through a committee; and\n(b) delegate any of its functions or powers to such committee and to any of\ntheir own number and to the public officers of the Commission,\nexcept that where the Commission sets up a committee which consists of\nmembers other than members of the Commission or the public officers of the\nCommission, it may only act or delegate its functions or powers to such\ncommittee with the prior approval of the Cabinet.\n\nSection 6\nMental Health Commission Act (2024 Revision)\n\nPage 8\nRevised as at 31st December, 2023\nc\n\n(8) Where a member has a direct pecuniary interest in a matter being considered by\nthe Commission and is present at a meeting of the Commission at which the\nmatter is the subject of consideration, that member shall, as soon as practicable\nafter its commencement, disclose that fact and shall not take part in the\nconsideration or discussion of the matter or vote on any question with respect to\nit, and shall be excluded from the meeting for the duration of the consideration,\ndiscussion and voting procedure.\n(9) A member who fails to comply with subsection (8) commits an offence and is\nliable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars and to\nimprisonment for two years; or\n(b) on conviction on indictment to a fine of fifty thousand dollars and to\nimprisonment for five years,\nunless that member proves that, at the time when the matter was the subject of\nconsideration at that meeting, that that member did not know or could not be\nreasonably have been expected to know that the said member had a direct\npecuniary interest.\n(10) A disclosure made under subsection (8) shall be recorded in the minutes of the\nmeeting.\n(11) Failure to make a disclosure under this section does not invalidate the act or\nproceeding concerned.\n(12) The deliberations of the Commission shall be confidential but the Commission\nshall cause any decision which affects the members of the public to be published\nin the Gazette, on a website or in a newspaper published in the Islands.\n(13) Neither the Commission nor any member of a committee or employee of the\nCommission shall be liable in damages for anything done or omitted in the\ndischarge of their respective functions under this Act unless it is shown that the\nact or omission was in bad faith.\n6.\nSecretary to the Commission\n6.\n(1) The chief officer in the Ministry responsible for health shall, on such terms and\nconditions as the chief officer thinks fit, appoint a part-time Secretary to the\nCommission, and, without limiting the generality of this power, in determining\nthe terms of conditions may specify which provisions of the Public Service\nManagement Act (2018 Revision) and Personnel Regulations (2022 Revision)\nshall apply or not apply to the Secretary.\n(2) The Secretary shall record and keep, or cause to be kept, all minutes of the\nmeetings, proceedings and decisions of the Commission but shall have no right\nto vote.\n\nMental Health Commission Act (2024 Revision)\nSection 7\n\nc\nRevised as at 31st December, 2023\nPage 9\n\n7.\nFunctions of Commission: Quasi- judicial\n7.\nThe functions of the Commission shall be to \u2014\n(a)\nhear and determine appeals made under sections 6(3), 8(4) and 9(5) of the\nMental Health Act (2023 Revision);\n(b) conduct reviews under section 6(4) of the Mental Health Act (2023\nRevision);\n(c)\nhear and determine appeals made under section 9(5) of the Mental Health\nAct (2023 Revision) with regard to treatment orders and exercise the\npowers referred to in section 9(3) of that Act in relation thereto;\n(d) hear and determine appeals made under section 12(7) of the Mental Health\nAct (2023 Revision); and\n(e)  hear and determine appeals made under section 16(4) of the Mental Health\nAct (2023 Revision).\n8.\nFunctions\nof\nCommission:\nRecommendations\nto\nHealth\nPractice\nCommission and Councils, etc.\n8.\nThe functions of the Commission are to \u2014\n(a)\nsubmit an annual report to the Minister responsible for health on the needs\nand performance of the Islands\u2019 mental health system, including\ncomplaints, which report shall be tabled in the Cayman Islands Parliament;\n(b) review and advise on scopes of practice and codes of ethics for\npractitioners, which codes shall be prepared by the relevant registering\nCouncil;\n(c)\nprovide policy advice to the relevant registering Council, including the\nminimum requirements, for registration in order to be licensed in a\ncategory referred to in the Schedule;\n(d) advise the Health Practice Commission regarding mental health\nfacilities; and\n(e)\nadvise the Health Practice Commission regarding medical research and\nclinical trials in mental health.\n9.\nFunctions of Commission: general\n9.\nThe functions of the Commission are to \u2014\n(a)\nadvise and guide other government agencies to such extent as they may\nrequire;\n(b) obtain and compile statistics on mental illness;\n(c)\noversee and deliver mental health training and sensitisation sessions for\nprison officers, constables and any other persons who may, in the\n\nSection 10\nMental Health Commission Act (2024 Revision)\n\nPage 10\nRevised as at 31st December, 2023\nc\n\nperformance of their functions, be expected to deal with mental health\npatients;\n(d) approve a list of overseas mental health facilities for the purpose of referral\nof patients;\n(e)\nadvise the Cabinet with regard to the exercise of the powers conferred on\nCabinet under section 20(a) of the Mental Health Act (2023 Revision) to\ndeclare \u201cplaces of safety\u201d;\n(f)\nmake recommendations to the Minister regarding mental health research;\n(g) research and establish protocols and guidelines for mental health advocacy\nand approve persons to act as advocates;\n(h) establish and maintain a programme which provides information to the\ngeneral public concerning mental illness and co-occurring disorders and\nrelated conditions\n(i)\nconsider ways to involve the general public in the decisions concerning the\npolicy on mental illness and co-occurring disorders and related conditions;\n(j)\nreview and evaluate the community\u2019s mental health needs, services and\nspecial problems with a view to making recommendations on policy and\nresearch to the Minister responsible for mental health; and\n(k) advise on the establishment of programmes for the provision of on-going\ncare for persons living in the Cayman Islands for the treatment of persons\nwith mental illness or co-occurring disorders and persons with related\nconditions; and\n(l)\nreview the progress of patients transferred overseas under section 14 of the\nMental Health Act (2023 Revision) and recommend to the Cabinet when it\nis appropriate to return such patients to the Islands;\n(m) review and offer advice to the Elections Office regarding the eligibility of\nmental health patients;\n(n) review every six months the progress of remand prisoners deemed unfit to\nplead and submit it to the chief officer, Judicial Administration;\n(o) give policy advice to the Minister responsible for health on any aspect of\nthe local mental health system; and\n(p) perform such other functions as the as the Cabinet may determine.\n10.\nIncidental powers and cautions of Commission\n10. (1) In carrying out its functions under this Act, the Commission may \u2014\n(a)\ncollaborate with such persons as it considers necessary or expedient in the\ncollection, compilation and publication of statistics relating to the\nprovision of mental health services in the Islands;\n\nMental Health Commission Act (2024 Revision)\nSection 11\n\nc\nRevised as at 31st December, 2023\nPage 11\n\n(b) with the approval of the Cabinet, enter into arrangements with any\ndepartment of the Government for the use of the personnel, facilities and\nservices of that department to any extent not incompatible with that\ndepartment\u2019s operation.\n(2) No publication of statistics under subsection (1)(a) shall contain any particulars\nso arranged as to enable any person to identify any particulars relating to any\nindividual person.\n11.\nDelegation of functions\n11. A delegation by the Commission under section 5(7) \u2014\n(a)\ndoes not preclude the Commission from exercising or performing at any\ntime any of the functions or duties so delegated;\n(b) may be conditional, qualified or limited in such manner as the Commission\nmay think fit; and\n(c)\nmay be amended at any time by the Commission.\n12.\nAdvice of Commission to Health Practice Commission and Councils\n12. In any matter relating to the professions specified in Schedules 1, 2 and 3, the\nCommission may, on its own initiative or upon request by the Health Practice\nCommission or the relevant Council, give general or specific advice to the Health\nPractice Commission or Council concerned to such extent as may be specified in the\nHealth Practice Act (2021 Revision) this Act or any other Law.\n13.\nMinister may give policy directions to Commission\n13. The Minister may, after consultation with the Commission, give it such policy or\ngeneral directions as to the exercise by the Commission of its functions as appear to\nbe necessary or expedient in the public interest.\n14.\nRegulations\n14. The Cabinet may make regulations prescribing all matters that are required or\npermitted by this Act to be prescribed, or are necessary or convenient to be prescribed\nfor giving effect to the purposes of this Act and, in particular \u2014\n(a)\nrequiring particulars and information to be supplied at prescribed times by\npersons in prescribed areas for prescribed periods; and\n(b) prescribing information which is to be supplied to the Commission and the\nform in which it shall be submitted; and\n(c)\noutlining the matters that the Commission shall take into account in\nperforming its functions under this Act.\n\nMental Health Commission Act (2024 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2023\nPage 13\n\n SCHEDULE 1\n (Section 12)\nPROFESSIONS OF MEDICAL DOCTORS\n\nMedical doctors (where dealing with mental health)\n\nSCHEDULE 2\nMental Health Commission Act (2024 Revision)\n\nPage 14\nRevised as at 31st December, 2023\nc\n\nSCHEDULE 2\n(Section 12)\nPROFESSIONS OF NURSING\n\nRegistered mental health nurses\nClinical nurse specialists (where dealing with mental health)\nNurse practitioners (where dealing with mental health)\nRegistered nurses (where dealing with mental health)\nAdvanced practice nurses (where dealing with mental health)\nRegistered general nurses (where dealing with mental health)\n\nMental Health Commission Act (2024 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2023\nPage 15\n\nSCHEDULE 3\n(Section 12)\nPROFESSIONS OF MENTAL HEALTH PRACTITIONERS\n\nMental health counsellors\nClinical psychologists (where dealing with mental health)\nPsychotherapists (where dealing with mental health)\nSubstance abuse counsellors (where dealing with mental health)\nPsychologists, Doctoral and Master\u2019s Level (where dealing with mental health)\nCounsellors (where dealing with mental health)\nTherapists (where dealing with mental health)\nSocial workers (where dealing with mental health)\nPublication in consolidated and revised form authorised by the Cabinet this 30th\nday of January, 2024.\nKim Bullings\nClerk of Cabinet\n\nMental Health Commission Act (2024 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2023\nPage 17\n\nMental Health Commission Act (2024 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2023\nPage 19\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw\/Act #\nLegislation\nCommencement\nGazette\n1\/2023\n\nMental Health (Amendment) Act, 2022 (Commencement)\nOrder, 2023\n25-Jan-2023\nLG5\/2023\/s1\n\n9\/2022\nMental Health Commission (Amendment) Act, 2022\n26-Jan-2023 LG41\/2022\/s3\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020 LG89\/2020\/s1\n38\/2013\n\nMental Health Commission Law, 2013 (Commencement)\nOrder, 2013\n1-Nov-2013 GE87\/2013\/s3\n\n14\/2013\nMental Health Commission Law, 2013\n1-Nov-2013 LG41\/2013\/s5\n\nENDNOTES\nMental Health Commission Act (2024 Revision)\n\nPage 20\nRevised as at 31st December, 2023\nc\n\n(Price: 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