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Feb 21, 2008
Govt seeks greater protection for the mentally ill
Proposed Bill also seeks to give docs greater power to detain patients to prevent harm
By Salma Khalik
THE Government wants to give general hospitals treating patients with mental illness the power to admit them against their will if doctors think they are a danger, either to themselves or others.

At the same time, it also plans to give mentally-ill patients greater protection against ill-treatment by hospital staff.

The Health Ministry said in a statement yesterday that it is seeking changes to existing laws to ensure that they remain relevant.

It added that the higher penalties proposed for offences 'reflect current economic realities and the seriousness of the offences'.

A doctor in a general hospital now cannot detain a mentally-ill patient for further treatment if he had sought help voluntarily, even if the doctor fears that not doing this could result in serious harm to the patient or others.

Such patients - those with violent or suicidal tendencies, for example - are discharged into the care of the police, who can then take them to the Institute of Mental Health (IMH), where they can be admitted against their will.

The proposed change means the doctor at the general hospital can order such patients detained for further treatment.

Said the ministry: 'This ensures that such patients may be treated without delay.'

These patients may also be given medical or surgical treatments without their consent, if needed.

The proposed changes come amid a greater focus on mental health, with MOH developing a blueprint to deal with the serious problem of mentally-ill patients.

Last year, the IMH treated close to 33,000 people for mental illnesses at its outpatient clinics.

The proposed changes will come in the form of a new Bill, the Mental Health (Care and Treatment) Bill.

This will replace the old Mental Disorders and Treatment Act. Another new Bill, called the Mental Capacity Bill, deals with people, especially the elderly, who become mentally incapacitated.

While the proposed changes - which are up for public feedback - will give hospitals with wards or departments that are designated 'psychiatric institutions' more power, they also seek to protect patients against trigger-happy or abusive doctors and other hospital staff.

For example, only doctors who have permission in writing from the ministry's director of medical services are allowed to detain patients.

Also, a court order is required if the treatment period exceeds six months.

Penalties for ill-treating mentally-disturbed patients will also go up.

The penalty for cruel treatment and wilful neglect of such patients will increase - with a maximum fine of $5,000, from $500 now, and a jail term of up to four years, instead of two, or both.

A hospital employee who has sex with a mentally-ill patient will also face a maximum penalty of $5,000 and/or jail of up to 10 years - up from $1,000 and/or two years' jail.

If a doctor detains a patient who is not a danger to himself or others, or detains him for more than six months without a magistrate's order, he could be fined $5,000 and sentenced to up to three years in jail, or both - up from $2,000 and two years' jail.

salma@sph.com.sg

The draft Bill can be viewed at www.moh.gov.sg  and the public is invited to give feedback till March 14.

You may send your views to moh-info@moh.gov.sg

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