NATIONAL MENTAL HEALTH ACT, 2021
Section 31: Extension of the period of involuntary admission.
(1) Where in the opinion of the medical officer or head of the facility, it may be necessary to further admit a person under this section after the expiration of 28 days from the day of admission in order to stabilise and adequately treat the patient, an application shall be made to the Committee for the extension of the period of admission.
(2) The application for extension of the period of admission under subsection (1) shall be made before the expiration of the period of 28 days from the day of admission.
(3) No application for extension of the period of admission shall be granted by the Committee except it is supported by the written reports of two independent medical officers who have examined the person and who shall set out their findings as required under Form A wherein they shall certify that the person is still suffering from a mental health condition and-
(a) because of the mental health condition, there is still a serious likelihood of imminent harm to that person or to other persons; or
(b) there is new evidence that the mental health condition is still so severe that failure to extend the period of admission 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, and that the treatment requires admission and cannot be administered to the person as an outpatient.
(4) For the purpose of this section, a medical officer shall not be considered "independent” where he is-
(a) an officer or staff of the facility; or
(b) a partner of or in the employment of an officer or staff of the facility.
(5) Where the Committee is satisfied that an extension of the period of admission is in the best interest of the person with mental health condition and that treatment cannot be administered to the person as an out-patient, it shall extend the period of admission for a period not more than 14 days and may grant further extensions:
Provided that a person under involuntary care or admission under this section shall not be admitted in a facility for a continuous period of more than six weeks without review by the Committee.
Cite this section
Section 31, NATIONAL MENTAL HEALTH ACT, 2021 (2021).
https://repo.podus.ai/laws/national-mental-health-act-2021/section/31/