Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 525 · cap/525 (Cap. 525)

Cap. 525 Art. 2Interpretation. Cap. 464. Cap. 16. Cap. 12. Cap. 16. Cap. 12. Cap. 9. Cap. 464.

PART I

In KraftAmtlicher Text

In this Act unless the context otherwise requires:

"chief executive officer" means the person responsible for the management of a licensed facility;

"clinical director" means the specialist responsible for the clinical care provided by a licensed facility;

"the Commissioner" means the Commissioner established by article 5;

"custodial care" means non-medical care that helps a person with his or her activities of daily living and not requiring constant attention of healthcare professionals; "healthcare professional" means a professional registered with the relevant Council under the Health Care Professions Act or under any other Act regulating the professions of social work and, or psychology, and "healthcare staff" shall be construed accordingly; "incapacitation" means incapacitation as interpreted for the purposes of the Civil Code and the Code of Organization and Civil Procedure;

"informed consent" means that decision taken by the patient or the carer as applicable after being informed of his rights under article 3; "interdiction" means interdiction as interpreted for the purposes of the Civil Code and the Code of Organization and Civil

Procedure; "involuntary patient" means a patient who is in the licensed facility or in the community receiving treatment and care against

*see article 1(2) of the Act as originally enacted, and Legal Notice 276 of 2013:

(a) articles 1, 2, 3, 4, 5, 6, 7(1), 7(3), 14, 22, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 45, 46 and 47, and the First and Fourteenth Schedules came into force on 10th October, 2013; and

(b) articles 7(2), 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, 24, 30, 36, 37, 44 and 48, and the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fifteenth Schedules came into force on 10th October, 2014. issued under this Act and liable to be taken back for involuntary inpatient care;

"medical practitioner" means any person whose name is entered in the Medical Registers kept by the Medical Council and "medical personnel" shall be construed accordingly; "mental capacity" means the patient’s ability and competence to make different categories and types of decisions and to be considered responsible for his actions; "mental disorder" means a significant mental or behavioural dysfunction, exhibited by signs and, or symptoms indicating a disruption of mental functioning, including disturbance in one or more of the areas of thought, mood, volition, perception, cognition, orientation or memory which are present to such a degree as to be considered pathological in accordance with internationally accepted medical and diagnostic standards and "mental illness" shall be construed accordingly, and for the purpose of any matter related to criminal proceedings, it shall include "insanity" as understood for the purpose of the Criminal Code; "mental health licensed facility" means a healthcare setting, whether private or public, duly licensed to provide mental health care and "licensed facility" shall be construed accordingly;

"mental welfare officer" means a healthcare professional with experience in mental health appointed by the Minister on the recommendation of the clinical director for the purposes of this Act; "Minister" means the Minister responsible for health; "minor" means a person under the age of eighteen years;

"multidisciplinary care" means the care and treatment given to the patient by different healthcare professionals working as a team;

"multidisciplinary care plan" means the plan setting out the relevant medical, nursing, social, psychological and rehabilitative interventions that may be necessary to holistically address the needs of the person, expected outcomes, responsibilities and timeframes to be respected when giving the care and treatment to the patient and "care plan" shall be construed accordingly; "multidisciplinary team" means a group of different healthcare professionals working together as a team in giving treatment and care to the patient and "team" shall be construed accordingly; "patient" means a person including minors, who is under voluntary or involuntary treatment, care or rehabilitation and "person" shall be construed accordingly;

"responsible carer" means the person appointed by virtue of article 4 and "carer" shall be construed accordingly;

"responsible specialist" means the specialist in psychiatry under Medical Council under the provisions of the Healthcare Professions

Act and "specialist" shall be construed accordingly; "special treatment" means those types of invasive or irreversible therapeutic interventions listed in the Special Treatment List in Part I of the Fourteenth Schedule;

"treatment" includes voluntary and involuntary treatment of a medical, nursing, social and psychological nature and "care" shall be construed accordingly.