Section 28: Involuntary treatment.

(1) Subject to the provisions of this section, a medical officer or head of the facility may, upon application, admit a person with mental health condition involuntarily, or involuntarily admit a person who had been admitted voluntarily, where he determines that the person has a mental health condition and-
(a) because of the mental health condition, there is a serious likelihood of imminent harm to that person or to other persons; or
(b) where there is evidence that the mental health condition is so severe that failure to admit the person is likely to-
(i) lead to a serious deterioration in the condition of that person, or
(ii) hinder the provision of appropriate treatment that can only be given by admission to a facility in accordance with the principle of the least restrictive alternative:
Provided that the involuntary admission of a child with mental health condition or involuntary detention of such child who had been admitted voluntarily shall be a matter of last resort and shall only be applicable where community based alternatives are unavailable, unlikely to be effective or have been tried and failed.
(2) Without prejudice to subsection (1), an application for the involuntary admission of a person with mental health condition may be made by the following persons, in the following order-
(a) by the parent or guardian of the person and if not available or unwilling;
(b) by the spouse of the person, and if not available or unwilling;
(c) by any other legal representative of the person; or
(d) where persons under paragraphs (a), (b) and (c) are not available or willing to make the application, by any other person, including a medical officer, law enforcement officer, appropriate government agent or any other person who has reasonable cause to believe that there is a deterioration in the mental health condition of the person in respect of whom the application is made.
(3) An application for involuntary admission of a person with mental health condition shall clearly set out grounds on which the applicant believes that the involuntary admission of the person is necessary and in the best interest of the person with a mental health condition.
(4) Any application made by a person under subsection (2)(d) shall contain information regarding-
(a) the reason why he is making the application;
(b) the relationship of the applicant to the person in respect of whom the application is made; and
(c) steps that were taken to locate the relatives or legal representative of the person with mental health condition to determine their capability or availability to make the application.
(5) Notwithstanding the provision of subsection (1), no person with a mental health condition shall be admitted involuntarily and no person who had been admitted voluntarily shall be admitted involuntarily unless two independent qualified medical practitioners have examined the person, and completed Form A as required under this Act wherein each of them shall set out their findings from the examination and certify that the person has a mental health condition and because of the mental health condition, there is-
(a) a serious likelihood of imminent harm to that person or to other persons; or
(b) evidence that the mental health condition is so severe that failure to admit the person is likely to-
(i) lead to a serious deterioration in his condition, or
(ii) hinder the provision of appropriate treatment that can only be given by admission to a facility in accordance with the principle of the least restrictive alternative.
(6) The qualified medical practitioner or head of the facility may make a written recommendation for the involuntary treatment of the person and shall forward the recommendation to the Committee.
(7) The qualified medical practitioner or head of the facility shall admit the patient, provided that he forwards the application made under subsection (2), the completed Form A, the two independent qualified medical practitioners and the written recommendation for the involuntary admission of the person to the Committee for review and approval of the involuntary admission of the patient as soon as practicable.
(8) The Committee shall review the documents in subsection (7) and inform the facility of its decision to approve or deny the application for the continued involuntary admission of the person within 24 hours of receipt of the documents.
(9) No facility shall continue to admit a person with a mental health condition involuntarily or admit involuntarily a person who had been admitted voluntarily where the Committee has reviewed and rejected such admission.
(10) Where the Committee authorises the involuntary admission of a person with a mental health condition or the detention of a person who had been admitted voluntarily, the medical practitioner or head of the facility shall inform the person and his legal representatives of the reasons for admission and their right to appeal.
(11) The medical practitioner or head of the facility shall ensure that the information provided to the person with a mental health condition and his legal representatives under subsection (10) is provided in a language that the person and his legal representatives understand and in a manner which takes into account the literacy level of the person and his legal representatives.
(12) The medical officer or head of the facility shall ensure that the manner in which the information was provided to the person or his legal representative is stated in the patient’s medical records.
(13) An appeal by a person in respect of whom a decision of involuntary admission has been made under this section or by his legal representatives shall lie directly to the Court of Appeal.
(14) Upon admission of a person under this section, the facility shall evaluate and provide appropriate medical treatment to the person for a period not more than 28 days beginning from the day of admission.
(15) It shall be the responsibility of the facility to ensure that the treatment plan for the person is formulated by a medical officer with at least five years of experience in the treatment and management of patients with similar mental health conditions.
(16) The treatment plan formulated by the medical officer in subsection (15) shall not be implemented unless it is agreed to by another medical officer with at least five years of experience in the treatment and management of persons with similar mental health conditions.