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[Cites 0, Cited by 0] [Section 89] [Entire Act]

Union of India - Subsection

Section 89(1) in The Mental Healthcare Act, 2017

(1)The medical officer or mental health professional in charge of a mental health establishment shall admit every such person to the establishment, upon application by the nominated representative of the person, under this section, if-
(a)the person has been independently examined on the day of admission or in the preceding seven days, by one psychiatrist and the other being a mental health professional or a medical practitioner, and both independently conclude based on the examination and, if appropriate, on information provided by others, that the person has a mental illness of such severity that the person,-
(i)has recently threatened or attempted or is threatening or attempting to cause bodily harm to himself; or
(ii)has recently behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him; or
(iii)has recently shown or is showing an inability to care for himself to a degree that places the individual at risk of harm to himself;
(b)the psychiatrist or the mental health professionals or the medical practitioner, as the case may be, certify, after taking into account an advance directive, if any, that admission to the mental health establishment is the least restrictive care option possible in the circumstances; and
(c)the person is ineligible to receive care and treatment as an independent patient because the person is unable to make mental healthcare and treatment decisions independently and needs very high support from his nominated representative in making decisions.