Mental health act

RULES

CHAPTER-I Preliminary

1. Title and commencement.- (1) These rules may be called the Mental healthcare ( Uttarakhand mental health authority) Rules, 2022.

(2) They shall come into force from the date of their publication in the official Gazette. 2. Definitions.– (1) In these rules, unless the context otherwise requires, –

(a) “Act” means the Mental Healthcare Act, 2017 (Central Act 10 of 2017);

(b) “Chief Executive Officer” means the Chief Executive Officer of the

Authority appointed under rule 9;

(c) “Custodial institutions” mean and include prison, police station, beggar home, orphanage, women protection home, old age home and other institutions run by the Government, local authority, private or public trust, corporation, cooperative society, organization or any other entity or person, where any person having custody of one or more individual residents, who are generally not permitted to leave the institution except with the consent of such entity or person;

(d) “Form” means a form appended to these rules;

(e) “Member” means a member of the State Authority whether ex-officio or a non- official member;

(f) “Non-official member” means a member of the State Authority nominated by the Government in the manner specified under rule 7;

(g) “Official member” means a member appointed ex-officio under rule 4;

(h) “Section” means section of the Act;

(i) “State Authority” means the Uttarakhand State Mental Health Authority established under section of 45 of the Act; and

(j) “State Government” means the Government of Uttarakhand.

(2) The words and expressions used but not defined in these rules shall have the same meaning assigned to it in the Mental Healthcare Act, 2017 or in the Indian Medical Council Act, 1956 (Central Act 102 of 1956) or in the Indian Medical Central Council Act, 1970 (Central Act 48 of 1970) as the case may be.

CHAPTER-II Legislation by reference

3. Legislation by reference.- (1) Provisions of the following Central rules to the extent stated below shall be applicable, in terms of sub-section (2) of section 2 of the Act and the provison thereto and subject to the provisions of section 22 of the General Clauses Act, 1897 (Central Act 10 of 1897), as amended from time to time, form the principle rules made under the Act, namely:-

(a) The Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 in to, published by notification No. G.S.R.509 (E) dated 29th May 2018 of the Ministry of Health and Family Welfare, Government of India.

(b) Provisions of Chapter V of the Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018 published under

notification No. G.S.R.507 (E) dated 29th May 2018 of the Ministry of Health and Family Welfare, Government of India.

(c) The Mental Healthcare (State Mental Health Authority) Rules, 2018 (the First Rules) published by notification No. G.S.R 508 (E) dated 29th May 2018 of the Ministry of Health and Family Welfare, Government of India.

(2) Nothing contained in this rule shall be deemed to empower the State Government to modify or amend the principle rules enumerated in sub-section (1) in a manner as to alter, modify or override the provisions of the said rules, except with the previous approval of the Central Government.

CHAPTER-III

State Mental Health Authority

4. Constitution of the State Authority.–The State Authority shall

members, namely:-

(i) Secretary, Department of Health and family welfare Government of Uttarakhand

(ii) Joint Secretary, Department of Health and family welfare Government of Uttarakhand

(iv) Joint Secretary, Department of Social welfare Government of Uttarakhand

(v) Joint Secretary, Home Department, Government of Uttarakhand

(vi) Joint Secretary, Legal Department, Government of Uttarakhand

consist of the following

Ex-officio Chairperson Ex-officio Member

Ex-officio Member

Ex-officio Members Ex-officio Member

(iii)

The Director General, Department of Health and Family Welfare, Uttarakhand

Ex-officio Member

(vii)

Chief Medical Superintendent, State Mental Health Institute, Selaqui, Dehradun.

Ex-officio Member

5. Appointment of non-official members.– (1) The following non-official members of the State Authority, who are registered as mental health professionals and possess qualifications and other requirements as per Mental health care act 2017 , shall be appointed by the State Government, namely:-

(i) One person who is an eminent psychiatrist;

(ii) One person who is a mental health care professional (as defined under section 46 (1)(h) of the Act);

(iii) One person who is a Psychiatric social worker; (iv) One person who is a Clinical Psychologist; and (v) One person who is a mental health care nurse.

(2) The following non-official members of the State Authority, shall be appointed by the State Government, namely:-

(i) Two persons representing persons who have or have had mental illness;

(ii) Two persons representing care-givers of persons with mental illness or organizations representing care-givers; and

(iii) Two persons representing non-governmental organizations which provide services to persons with mental illness.

(3) No person shall be appointed to be a non-official member of the State Authority unless, he,-

(i) is an Indian National;

(ii) is of the age not exceeding sixty-seven years; and

(iii) Possesses the qualification and experience as specified .

6. Disqualifications for being appointed as non-official members of the State Authority.- A person shall be disqualified for being appointed or continued in office as a non-official member, if he,-

(i) has been convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude;

(ii) is an un-discharged insolvent;

(iii) is of unsound mind and stands so declared by a competent court; or

(iv) has been removed or dismissed from service of the Government or a corporate body owned or controlled by the Government.

7. Manner of appointment of non-official members.– (1) Appointment of non-official members of the State Authority shall be by nominations made by the Government in the manner detailed below:-

(a) The State Government (Department of Health and Family Welfare) shall issue notification calling applications for appointment of non-official members to the State Authority;

(b) Wide publicity shall be given by open advertisement in at least two daily newspapers (one in English and one in Hindi having wide circulation in the State, specifying last date for submission of applications;

(c) Simultaneously, the advertisement shall be published on the website of the department of Health and Family Welfare; and

(d) All applications received in response to the advertisement within the last date notified shall be collected and placed before a selection committee constituted under sub-rule (2), for scrutiny and consideration of such applications as to fulfil the requirements of section 46 of the Act.

(2) The selection committee shall consist of the following members, namely:-

(i) The Chairperson of the State Authority, who shall be the Chairman;

(ii) The Chief Executive Officer of the State Authority, who shall be the Member- Secretary;

(iii) The Head of Department of Psychiatry in All India Institute Of Medical Science,(AIIMS) Rishikesh, Uttarakhand and

(iv) The Head of Department of Psychiatry, Government Medical College, Dehradun , Uttarakhand.

(3) The selection committee shall scrutinize and consider the applications placed before it and prepare a panel of candidates who are eligible for being selected as members of the State Authority and submit the same to the Government.

(4) The State Government shall nominate the non-official members of the State Authority, from among the panel of candidates, prepared and submitted by the selection committee:

Provided that, in making appointments by nomination under this sub-rule, preference shall be given to persons with fifteen or more years of experience in dealing with persons with mental illness.

8. Terms of office and allowances of non-official members of State Authority.- (1) A non-official member nominated under these rules shall hold office for a term of three years at a time from the date of his nomination and may be reappointed for a second term. However such re-appointment for the second term shall not be automatic.

(2) A non-official member attending the meeting of the State Authority shall be entitled to sitting allowance, travelling allowance, daily allowance and such other allowances at rates applicable to non-official members of the commissions and committees of the State Government for attending meetings on case to case basis.

9. Roles and Responsibilities of the State Authority Members.-

(i) The Director, Medical Health, Health and Family Welfare Department shall be the Chief Executive Officer- Member Secretary.

(2) It shall be the duty of the CEO to prepare and submit all reports and information to State Government periodically, required to be submitted as specified under rules 10, 19 and 20 or as and when called for.

(3) The Additional Member-Secretary shall attend all meetings of the State Authority, keep notes of the proceedings and resolutions passed, maintain proper records of the proceedings and other correspondence files and also assist the Member-Secretary to discharge his official duties.

10. Furnishing information of activities.- The State Government may call for information concerning the activities of the State Authority periodically or as and when required and the State Authority shall furnish such information in Form-A

CHAPTER-IV

Provisional Registration of Mental Health Establishments

11. Procedure for provisional registration of mental health establishments.- (1) Every mental health establishment in the State, except those under the control of the Central Government shall register with the State Authority.

(2) Every mental health establishment referred to under sub-rule (1) shall submit an application for provisional registration to the State Authority in Form-B with the fees specified in sub-rule (3), paid by way of electronic payment or other methods as specified to Uttarakhand State Mental Health Authority Account.

(3) For purpose of provisional registration, mental health establishments in the State are classified into three categories based on the bed-strength of the establishment and the fee levied based on the category of the establishment shall be as specified in the table below:-

Category of establishment

A Bed strength less than 50

Fee to be levied

Rupees five thousand only

Table

Bed strength between 51 to 100

Rupees ten thousand only

Bed strength more than 100

Rupees twenty thousand only.

(4) The State Authority shall, on being satisfied that the mental health establishment fulfils all the requirements specified in sections 65 and 66 of the Act, grant a provisional registration certificate in Form-C.

12. Validity and renewal of certificate of registration.- (1) The provisional registration certificate granted shall be valid for a period of twelve months from the date of such grant.

(2) An application for renewal of such certificate shall be made in Form-B within thirty days before the date of expiry of validity of such certificate.

(3) lf the application for renewal is not made within thirty days, before the expiry of the period of validity, the registration shall cease to be current until a fresh application for renewal is made along with the fees specified for provisional registration.

(4) All payment of fee for registration or renewal shall be paid by way of electronic payment to the State Mental Health Authority account;

Provided that till the period the Authority specifies the minimum standards for different categories of mental health establishments, it shall issue a provisional certificate of registration to the mental health care establishment:

Provided further that, on specifying the minimum standards for different categories of mental health care establishments, the mental health care establishment referred to in the first provision shall, within a period of six months from the date such standards are specified, submit to the Authority an undertaking starting therein that such establishment fulfils the specified minimum standards and on being satisfied that such establishment fulfils the minimum standards, the Authority shall issue a certificate of permanent registration to such mental health care establishment.

13. No registration fee for public health facilities.- (1) No registration fee or renewal fee or fee for issue of duplicate certificate shall be payable by public health facilities.

(2) Notwithstanding the concessions made under sub-rule (1), all public health facilities shall be required to obtain provisional registration, keep them renewed in time and conform to the stipulated standards of performance.

14. Issue of duplicate certificate.- Where a certificate of registration granted to a mental health establishment is destroyed or lost or mutilated or damaged, the State Authority may issue a duplicate certificate on application made by such establishment along with a fee of one thousand rupees in the manner specified in sub-rule (4) of rule 12.

15. Conditions for issue of registration certificate for mental health professionals.- (1) The mental health professionals including psychiatrists shall register with the State Authority and renew periodically, by submitting the application in Form-F. The State Authority shall issue certificate of registration in Form-G.

(2) The registration certificate issued shall be subject to the conditions laid down in the Act and the rules and regulations made there under and shall be valid for a period of five years from the date of its issue and can be renewed one month in advance of the date of expiry.

16. Maintenance of digital register.- (1) The Authority shall maintain category-wise digital registers in respect of the following, namely:-

(i) Register of all registered mental health establishments in accordance with the provisions of section 55 and 71, in Form-D;

(ii) Register of all registered mental health professionals in accordance with the provisions of section 55, in Form-E;

(2) The State Government shall maintain mental health digital portal.

17. Maintenance of on-line registers.- (1) For the purposes of these rules, the State Authority shall make regulations or issue notifications from time to time, with regards to creating and operating on-line registers of mental health professionals, mental health

establishments, advanced directives for admission and discharge of patients in the mental health establishments and maintaining basic medical records by taking into account the prevailing laws, standards, guidelines, standard operating procedures, rules and regulations for such online database or portal, from time to time.

(2) All the mental health establishments and mental health professionals shall implement the rules, regulations or other instructions and directives issued by the State Authority, with regard to maintenance of online registers.

CHAPTER-V

Mental Health Review Boards

18. State mental health review boards.- The mental health review boards, as specified under section 73 of the Act, shall be constituted by the State Authority and shall function in accordance with the provisions of Chapter XI of the Act and Chapter V of the Mental Health (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018, as amended from time to time and further in accordance with the

regulations made by the State Authority under section 124 of the Act.

CHAPTER-VI

Finance, Accounts and Audit

19. Accounts and audit.- (1) The State Authority shall maintain accounts of its income and expenditure relating to each year and prepare an annual statement of accounts

consisting of income and expenditure and the balance sheet.

(2) The annual statement of accounts shall be submitted for audit, not later than 30th September of each year in the common accounting format prescribed from time to time by the Ministry of Finance for the central autonomous bodies or as nearer thereto as the circumstances admit.

(3) The annual statement of accounts prepared under sub-rule (1) shall be signed on behalf of the State Authority by the officer in-charge of accounts and the Chief Executive Officer and shall be approved by the State Authority.

20. Annual report.- (1) The State Authority shall prepare its annual report in Form-H and forward it to the State Government within nine months from the end of the financial year, for being laid before both the House of State Legislature.

(2) The annual report shall give complete details of the activities of the State Authority during the previous year and shall include the audited accounts of the year and the report of the Comptroller and Auditor General of India thereon.

CHAPTER-VII

Audit, Inspection and Inquiry of mental health establishments

21. Audit of mental health establishments.- (1) For the purpose of conducting audit of the registered mental health establishments in the State and to ensure that such mental health establishments comply with the minimum standards specified under the Act, the

State Authority shall authorize the following persons, namely:- (i) one psychiatrist who is in Government service (mandatory); (ii) any two persons from among the following, namely,-

(a) a representative of the State Human Rights Commission; (b) a psychiatrist who is in private practice;

(d) a representative of a non-governmental organization working in the area of mental health;

(e) Representatives of the care-givers of persons with mental illness or organizations representing care-givers; and

(f) Representatives of the persons who have or have had mental illness.

(2)For conducting audit of registered mental health care establishments, the State Authority shall charge a fee of rupees five thousand which may be paid by way of electronic payment to the State Mental Health Authority account. Provided that, no such fee shall be charged for conducting audit of public mental health establishments 22. Inspection and inquiry.- (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 such mental health establishment, to be made by two or more of the following persons, namely:-

(a) a psychiatrist in Government service;

(b) a psychiatrist in private practice;

(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; and

(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), 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 there under, shall have powers to 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 the inspection and search of the mental health establishment under sub-rule (3), a written report of the findings of such inspection and search shall be submitted to the Chairperson of the State 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.

Director General

Medical Health & Family Welfare

Uttarakhand, Dehradun

FORM-A

(see rule 10)

INFORMATION ON THE ACTIVITIES OF THE STATE AUTHORITY

1. New regulations notified during the year:

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:

6. Number and details of registration of mental health professionals during the year: 7.Statement on references received from the central Government and the state Government and action taken thereon during the year:

8. Quality and service provision norms for mental health establishments notified during the year:

9. Training imparted to persons including law enforcement officials, mental health professionals and other health professionals during the year, 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 of guidance issued 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 the State Mental Health Authority and status thereof:

17. Complaints received regarding deficiencies in provision of services and action taken thereon:

18. Details of Consultations with the stakeholders:

19. Details of the Inquiry initiated by the State Mental Health Authority:

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:

FORM-B

(see sub-rule (2) of rule 11 and sub-rule (2) of rule 12)

APPLICATION FOR GRANT OF PROVISIONAL REGISTRATION AND RENEWAL OF A MENTAL HEALTH ESTABLISHMENT

To,

The Chief Executive Officer,

The Uttarakhand Mental Health Authority,

The Department of Health and Family Welfare,

Government of Uttarakhand.

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 license /registration

for the establishment/ maintenance of such hospital / nursing home. Details of the hospital/nursing home are given below:

1. Name of applicants:

2. Details of license with reference to the name of the authority issuing the license and date:

3. Age:

4. Professional experience in Psychiatry:

5. Permanent address of the applicant:

6. Location of the proposed nursing home/hospital: 7. Details of accommodation:

(a) Number of rooms:

(b) Number of beds:

8. Proposed accommodations:

(a) Number of rooms:

(b) Number of beds:

(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:

Staff Pattern

(a) Number of doctors:

(b) Number of nurses:

I am herewith remitting Rs………………..(in words)………….. as application fee. Electronic payment details are as follows.

Account Name:- Uttarakhand State Mental Health Authority.

Name of the Bank:-,

Account No:-

I hereby undertake to abide by the rules and regulations of the State Mental

Health Authority.

I request you to consider my application and grant the license for establishment

/maintenance of psychiatric hospital/nursing home. Date:

Place:

Yours faithfully Signature

Name

FORM-C

(see sub-rule (4) of rule 11)

CERTIFICATE OF PROVISIONAL REGISTRATION OR RENEWAL OF PROVISONAL REGISTRATION FOR MENTAL HEALTH ESTABLISHMENTS

The State Mental Health 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:

1. Name of the mental health establishment:

2. Address :

3. Number 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 issued and can be renewed.

Date:

Place:

Registration Authority:

Seal of the Registration Authority:

FORM-D

(see clause (i) of sub-rule (1) of rule 16)

(IN DIGITAL FORMAT)

(Separate table for each category of mental health establishments) Category of mental health establishments: ————-

Sl. No.

Name And address of the applicant

Name and address of the establishment

Date of the application

Date and No. particulars of

of beds registration

Remark

FORM-E

(see clause (ii) of sub-rule (1) of rule 16)

(IN DIGITAL FORMAT)

(Separate table for each category of mental health professionals)

Category of mental health professionals: ———————–

Sl. No.

Full Name And address of the applicant

Qualification

RCI/NCI /others*

Place of practice or work

Phone Number and Email

Remarks*

*the Psychiatric Social Workers shall be registered as provided in the Mental healthcare Act, 2017.

FORM-F

(see sub-rule (1) of rule 15)

APPLICATION FOR GRANT OF REGISTRATION / RENEWAL OF REGISTRATION FOR MENTAL HEALTH PROFESSIONALS

To,

The Uttarakhand State Mental Health Authority, The Department of Health and Family Welfare, Government of Uttarakhand

Dear Sir,

I intend to apply for grant of registration/ renewal of registration, to practice as mental health professional, namely ………………………………….

1. Name of applicant:

2. Details of Educational qualifications in respective specialties* 3. Age:

4. Professional experience in Psychiatry:

5. Permanent address of the applicant:

6. Place of practice or work:

7. Other qualifications (copies attached):

I hereby undertake to abide by the rules and regulation of the State Mental Healthcare Authority.

I request you to consider my application and grant the registration/renewal to practice as mental health professional, in Karnataka State.

Date:

Place:

(this is not applicable for Psychiatric Social Worker)

Yours faithfully, Signature

Name

FORM-G

(see sub-rule (1) of rule 15)

CERTIFICATE OF REGISTRATION/ RENEWAL OF REGISTRATION

The State Mental Health Authority, after considering the application dated ……………… submitted by ………………………………………. under section 55 (1) (d) of the

Mental Healthcare Act, 2017, hereby accords registration/renewal of registration to the applicant, as mental health professional in the category of ……………………………………………. Registration No:

Name:

Address:

The 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 five years from the date of its issue and can be renewed.

Date:

Place:

Registration Authority:

Seal of the Registration Authority:

FORM-H

(See sub-rule (1) rule 20)

ANNUAL REPORT OF STATE AUTHORITY

1. Introduction:

2. Profile of the Authority’s members:

3. Scope of regulation:

4. New Regulations or procedures etc. notified or issued during the year: 5. Orders passed during the year:

6. Meetings held during the year:

7. Details of mental health establishments under the control of the state Government:

8. Details of mental health establishments in the state:

9. Details of registration of mental health professionals:

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 of guidance issued for medical practitioners.

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:

24. Complaints received about deficiencies in provision of services and action taken thereon:

26. Details of inquiry initiated:

27. Administration and establishment matters:

28. Annual budget, accounts and audit reports:

29. Any other-matter, which in the opinion of the Authority needs to be highlighted:

By Order etc.