Act Number: 10

Act Name: The Mental Healthcare Act, 2017

Year: 2017

Enactment Date: 2017-04-07

Long Title: An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health and Family Welfare

Section 17: Duties of nominated representative.
    While fulfilling his duties under this Act, the nominated representative shall—
         (a) consider the current and past wishes, the life history, values, cultural background and the best interests of the person with mental illness;
         (b) give particular credence to the views of the person with mental illness to the extent that the person understands the nature of the decisions under consideration;
         (c) provide support to the person with mental illness in making treatment decisions under section 89 or section 90;
         (d) have right to seek information on diagnosis and treatment to provide adequate support to the person with mental illness;
         (e) have access to the family or home based rehabilitation services as provided under clause (c) of sub-section (4) of section 18 on behalf of and for the benefit of the person with mental illness;
         (f) be involved in discharge planning under section 98;
         (g) apply to the mental health establishment for admission under section 87 or section 89 or section 90;
         (h) apply to the concerned Board on behalf of the person with mental illness for discharge under section 87 or section 89 or section 90;
         (i) apply to the concerned Board against violation of rights of the person with mental illness in a mental health establishment;
         (j) appoint a suitable attendant under sub-section (5) or sub-section (6) of section 87;
         (k) have the right to give or withhold consent for research under circumstances mentioned under sub-section (3) of section 99.
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