Independent Admission and Discharge

Independent admission means the admission of a person who has the capacity to make mental health care decisions, or requires very less support in making them. An independent patient is given treatment only after informed consent((Section 86(5),  the Mental Healthcare Act, 2017. )) (i.e. permission given after complete knowledge of the treatment and its consequences). Additionally, an independent patient must follow the rules of the establishment, if admitted((Section 86(4),  the Mental Healthcare Act, 2017 )).

Criteria for Admission

The mental health professional in charge of the establishment must ensure that((Section 86(2),  the Mental Healthcare Act, 2017 )) :

• The person has a mental illness severe enough to require admission,
• They will benefit from the admission
• They have understood the nature and purpose of admission
• The person has made the request for admission of their own free will and have the capacity to take mental health care and treatment decisions.

Procedure for Admission

A person can admit themselves in an establishment if they want to and are above the age of 18 years. To do this, they must request the professional in charge of the establishment((Section 86(2),  the Mental Healthcare Act, 2017 )). The professional does not require permission from anyone to admit an independent patient. For example, the nominated representative or the caregiver((Section 86(6),  the Mental Healthcare Act, 2017 )).

Discharge

A person does not need the permission of the professional for discharge((Section 86(7),  the Mental Healthcare Act, 2017 )). Additionally, they should be discharged immediately((Section 88(1),  the Mental Healthcare Act, 2017 )). However, the person may be retained for 24 hours to assess whether they need to be admitted as a supported patient.  However, this happens only if the professional believes that((Section 88(3),  the Mental Healthcare Act, 2017 )):

• The person is unable to understand the nature and purpose of their decisions and requires substantial support from their nominated representative
• They have recently threatened/attempted to cause physical harm to themselves
• The person has recently behaved violently towards someone else or has caused someone else to fear physical harm from them
• They have recently shown an inability to care for themselves to the extent that they pose a danger to themselves.