Section 89:
Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission).
(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.
(2) The admission of a person with mental illness to a mental health establishment under this section
shall be limited to a period of thirty days.
(3) At the end of the period mentioned under sub-section (2), or earlier, if the person no longer meets
the criteria for admission as stated in sub-section (1), the patient shall no longer remain in the
establishment under this section.
(4) On the expiry of the period of thirty days referred to in sub-section (2), the person may continue
to remain admitted in the mental health establishment in accordance with the provisions of section 90.
(5) If the conditions under section 90 are not met, the person may continue to remain in the mental
health establishment as an independent patient under section 86 and the medical officer or mental health
professional in charge of the mental health establishment shall inform the person of his admission status
under this Act, including his right to leave the mental health establishment.
(6) Every person with mental illness admitted under this section shall be provided treatment after
taking into account,—
(a) an advance directive if any; or
(b) informed consent of the patient with the support of his nominated representative subject to the
provisions of sub-section (7).
(7) If a person with the mental illness admitted under this section requires nearly hundred per cent.
support from his nominated representative in making a decision in respect of his treatment, the
nominated representative may temporarily consent to the treatment plan of such person on his behalf.
(8) In case where consent has been given under sub-section (7), the medical officer or mental health
professional in charge of the mental health establishment shall record such consent in the medical
records and review the capacity of the patient to give consent every seven days.
(9) The medical officer or mental health professional in charge of the mental health establishment
shall report the concerned Board,—
(a) within three days the admissions of a woman or a minor;
(b) within seven days the admission of any person not being a woman or minor.
(10) A person admitted under this section or his nominated representative or a representative of a
registered non-governmental organisation with the consent of the person, may apply to the concerned
Board for review of the decision of the medical officer or mental health professional in charge of the
mental health establishment to admit the person to the mental health establishment under this section.
(11) The concerned Board shall review the decision of the medical officer or mental health
professional in charge of the mental health establishment and give its findings thereon within seven days
of receipt of request for such review which shall be binding on all the concerned parties.
(12) Notwithstanding anything contained in this Act, it shall be the duty of the medical officer or
mental health professional in charge of the mental health establishment to keep the condition of the
person with mental illness admitted under this section on going review.
(13) If the medical officer or mental health professional in charge of the mental health establishment
is of the opinion that the conditions specified under sub-section (1) are no longer applicable, he shall
terminate the admission under this section, and inform the person and his nominated representative
accordingly.
(14) Non applicability of conditions referred to in sub-section (13) shall not preclude the person with
mental illness remaining as an independent patient.
(15) In a case, a person with the mental illness admitted under this section has been discharged, such
person shall not be readmitted under this section within a period of seven days from the date of his
discharge.
(16) In case a person referred to in sub-section (15) requires readmission within a period of seven
days referred to in that sub-section, such person shall be considered for readmission in accordance with
the provisions of section 90.
(17) If the medical officer or mental health professional in charge of the mental health establishment
is of the opinion that the person with mental illness admitted under this section in the mental health
establishment requires or is likely to require further treatment beyond the period of thirty days, then
such medical officer or mental health professional shall be duty bound to refer the matter to be
examined by two psychiatrists for his admission beyond thirty days.