(1) The State Authority may, suo moto or on a complaint received from any person with respect to non-adherence of minimum standards specified by or under the Act or contravention of any provision thereof, order an inspection and inquiry of any mental health establishment, to be made by one or more of the following persons, namely:—
(a) a Psychiatrist in Government service;
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 13
(b) a Psychiatrist in private practice;
(c) a mental health professional who is not a psychiatrist;
(d) a representative of a non-governmental organization working in the area of mental health;
(e) a police officer in charge of the police station under whose jurisdiction, the mental health establishment is situated;
(f) a representative of the District Collector or District Commissioner of the district where the mental health establishment is situated.
(2) The State Authority or the person authorized by it under sub-rule (1) may, if it has reasons to believe that a person is operating a mental health establishment without registration or is not adhering to the minimum standards specified by or under the Act or has been contravening any of the provisions of the Act or the rules and regulations made thereunder, enter and search such mental health establishment.
(3) During search, the State Authority or the person authorized by it may require the mental health professional in charge of the mental health establishment to produce the original documents relating to its registration with the State Authority and it shall be obligatory on the part of the mental health establishment to produce such documents.
(4) Within two days of completing search of the mental health establishment under sub-rule (3), a written report of the findings of such search shall be submitted to the Chairperson of the Authority.
(5) The Chairperson of the State Authority, shall, on receipt of the written report under sub-rule (4), take such action as it deems fit, against the defaulting mental health establishment in accordance with the provisions of the Act.
Form-A [See rule 10] INFORMATION ON THE ACTIVITIES OF THE STATE AUTHORITY/ BOARD
1. New Regulations notified:
2. Number of orders passed during the year:
3. Meetings held during the year:
4. Number and details of mental health establishments under the control of the State Government:
5. Number and details of mental health establishments in the State or Union Territory:
6. Registration of mental health professionals by the State Authority:
7. Statement on references received from the Central Government and the State Government and action taken thereon:
8. Quality and service provision norms for different types of mental health establishments under the State Government:
9. Training imparted to persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of the Mental Healthcare Act, 2017:
10. Applications for registration of mental health establishments received, accepted and rejected along with reasons for such rejection:
11. Audit of Mental Health Establishments along with audit reports:
12. Complaints received regarding violation of rights of Mentally ill persons and action taken thereon
13. Details regarding guidance document for medical practitioners and mental health professionals
14. Number of cases registered regarding Sexual Harassment of Women at Workplace under section 22 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and details thereof:
15. Details of inspection and inquiry of Mental Health Establishments:
16. Number of appeals to High Court against order of Authority and status thereof:
17. Complaints received regarding deficiencies in provision of services and action taken thereon:
18. Stakeholders Consultations:
19. Inquiry initiated by the Authority/Board:
20. Administration and establishment matters:
21. Budget and Accounts with details including balance sheet, income and expenditure account, etc.:
22. Any other matter which may be relevant:
14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form-B [See rules 11(2) and 12] APPLICATION FOR GRANT OF PROVISIONAL REGISTRATION/ RENEWAL OF PROVISIONAL REGISTRATION OF A MENTAL HEALTH ESTABLISHMENT To The...........................
Department of ………………..
State Government of ......................
..............................................
Dear Sir/ Madam, I/we intend to apply for grant of provisional registration/ permanent registration/ renewal of provisional registration for the Mental Health Establishment namely ……………………………………………… of which I am/we are holding a valid licence/registration for the establishment/ maintenance of such hospital/nursing home. Details of the hospital/nursing home are given below:
1. Name of applicant .......................................................................................................
2. Details of licence with reference to the name of the authority issuing the licence and date.............................................................................................................................................
3. Age ......................................................................................
4. Professional experience in Psychiatry .............................................................................
5. Permanent address of the applicant .............................................................................
6. Location of the proposed hospital /nursing home .......................................................
........................................................................
7. Address of the proposed nursing home/hospital ........................................
8. Proposed accommodations: ........................................
(a) Number of rooms ........................................
(b) Number of beds ........................................
(c) Facilities provided: ........................................
(d) Out-patient ........................................
(e) Emergency services ........................................
(f) In-patient facilities ........................................
(g) Occupational and recreational facilities ........................................
(h) ECT facilities (n X-Ray facilities ........................................
(i) Psychological testing facilities ........................................
(j) Investigation and laboratory facilities ........................................
(k) Treatment facilities ........................................
Staff pattern:
(a) Number of doctors ........................................
(b) Number of nurses ........................................
(c) Number of attendees ........................................
(d) Others ........................................
I am herewith sending a bank draft for Rs.................. drawn in favour of............ as application fee.
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 15 I hereby undertake to abide by the rules and regulation of the Mental Health Authority.
I request you to consider my application and grant the licence for establishment/ maintenance of psychiatric hospital/nursing home.
Yours faithfully Signature..........
Name................
Date...................
Form-C [See rule 11(3)] CERTIFICATE OF PROVISIONAL REGISTRATION/ RENEWAL OF PROVISONAL REGISTRATION The State Authority, after considering the application dated…………..submitted by…………………under section 65 (2) or section 66 (3) or section 66(10) of the Mental Healthcare Act, 2017, hereby accords provisional registration/renewal of provisional registration to the applicant mental health establishment in terms of section 66 (4) or section 66 (11), as per the details given hereunder:
Name: _____________________________________________ Address ____________________________________________ No of beds_______________________________________________ The provisional registration certificate issued, is subject to the conditions laid down in the Mental Healthcare Act,2017 and the rules and regulations made there under and shall be valid for a period of twelve months from the date of its issue and can be renewed.
Place Date Registration Authority Seal of the Registration Authority FORM – D (See rule 14) Register of Mental Health Establishments (in digital format)* Category ………….
Sl.
No.
Name and Address of the applicant Name of the establishment and address Date of the application Date and particulars of Registration No. of beds Remarks *Separate table for each category of mental health establishment.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form-E [See rule 16 (1)] Annual Report of State Authority
1. Introduction
2. Profile of the Authority’s Members
3. Scope of Regulation
4. New Regulations/procedures etc. notified/issued
5. Orders passed by the Authority
6. Meetings of the State Mental Health Authority held during the year
7. Mental health establishments under the control of the State Government
8. Mental health establishments in the State
9. Registration of mental health professionals by the State Authorities
10. A statement on references received from Central and State Governments and action taken thereon
11. A statement on references sent to the Central and State Governments and action taken thereon by the respective Governments
12. Quality and service provision norms for different types of mental health establishments under the State Government
13. Supervision of mental health establishments under the State Government and action taken on the complaints received about deficiencies in provision of services therein
14. Training imparted to persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of the Mental Healthcare Act, 2017
15. Applications for registration of mental health establishments received, accepted and rejected along with reasons for such rejection.
16. Audit of Mental Health Establishments
17. Complaints received regarding violation of rights of Mentally ill persons and action taken thereon
18. Details regarding guidance document for medical practitioners and mental health professionals
19. Implementation of RTI Act, 2005
20. Details regarding Sexual Harassment of Women at Workplace under Section 22 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
21. Inspection and Inquiry of Mental Health Establishments
22. Appeals to High Court against order of Authority and status thereof
23. Status of review of use of advance directives and recommendations of the Authority in respect thereof.
24. Complaints received about deficiencies in provision of services and action taken thereon.
25. Stakeholders Consultations
26. Inquiry initiated by the Authority
27. Administration and establishment matters
28. Annual accounts
29. Any other matter which in the opinion of the Authority needs to be highlighted [F. No. V-15011/09/2017-PH-I (iii)] LAV AGARWAL, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
2018-05-31T19:15:00+0530 RAKESH SUKUL