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[Cites 0, Cited by 0] [Section 90] [Entire Act]

Union of India - Subsection

Section 90(2) in The Mental Healthcare Act, 2017

(2)The medical officer or mental health professional in charge of a mental health establishment, upon application by the nominated representative of a person with mental illness, shall continue admission of such person with mental illness, if-
(a)two psychiatrists have independently examined the person with mental illness in the preceding seven days and both independently conclude based on the examination and, on information provided by others that the person has a mental illness of a severity that the person-
(i)has consistently over time threatened or attempted to cause bodily harm to himself; or
(ii)has consistently over time behaved violently towards another person or has consistently over time caused another person to fear bodily harm from him; or
(iii)has consistently over time shown an inability to care for himself to a degree that places the individual at risk of harm to himself;
(b)both psychiatrists, after taking into account an advance directive, if any, certify that admission to a mental health establishment is the least restrictive care option possible under the circumstances; and
(c)the person continues to remain ineligible to receive care and treatment as a independent patient as the person cannot make mental healthcare and treatment decisions independently and needs very high support from his nominated representative, in making decisions.