50. (1) The licensing authority may, without prejudice to any other penalty that may be imposed on the licence, by order in writing, revoke the license if it is satisfied that [Revocation of license] (a) the psychiatric hospital or psychiatric nursing home is not being maintained by the licensee in accordance with the provisions of this Act or the rules made there under; or (b) the maintenance of the psychiatric hospital or psychiatric nursing home is being carried on in a manner detrimental to the moral, mental or physical well-being of the inpatients thereof; Provided that no such order shall be made except after giving the licensee a reasonable opportunity of being heard, and every such order shall be set out therein the grounds for the revocation of the license and such grounds shall be communicated to the licensee in such manner as may be prescribed. 21 Personal Qualities . 1, Manuscript 2. The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973, as far as may be, apply to bonds taken under this Act. Mental health nurses must be concerned for others, mature and responsible, and able to work well under pressure. (5) A licence may be renewed, from time to time, on an application made in that behalf to the licensing authority, in such form and accompanied by such fee, as may be prescribed, and every such application shall be made not less than one year before the date on which the period of validity of the license is due to expire: Provided that the renewal of a licensee shall not be refused unless the licensing authority is satisfied that – (i) the licensee is not in a position to provide in a psychiatric hospital or psychiatric nursing home, the minimum facilities prescribed for the admission, treatment and care therein of mentally ill persons; or (ii) the licensee is not in a position to provide a medical officer who is a psychiatrist to take charge of the psychiatric hospital or psychiatric nursing home; or (iii) the licensee has contravened any of the provisions of this Act or any rule made thereunder. [Effect of Action other law]   97. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect. As a hospice nurse, and soon to be hospice provider I am aware of this request (recently had one) and the ethical and legal ramifications that can become unleashed due to this request. Practicing without a current and valid license is illegal and it amounts to pra… 1. Makes a clinical judgment of the risk that a patient will attempt suicide or die as a result of suicide in the short and long term. The first was of a well-dressed, middle-aged man, smiling and sitting in the park on a sunny day. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Explanation – For the purposes of this section, - (a)  “company” means a body corporate and includes a firm or other association of individuals; and b)    “director”, in relation to a firm, means a partner in the firm. M.SC. This means that nurses are instructed on what roles they are to perform, what they should be in charge of, and who they should report to. Drugs are the primary means of therapy for the clients with health problems. Psychiatric Nursing. It teases out the ethical challenges that mental health nurses can face on a daily basis. Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provisions of this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder. 94. ... Bipeta R. Legal and ethical aspects of mental health . (3)   Every application under sub-section (1) or sub-section (2) shall be in such form and be accompanied by such fee as may be prescribed. iThese d… [Legal aid to mentally ill person at State expense in certain cases]   (2)       Where a mentally ill person having sufficient means to engage a legal practitioner is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate, having regard to all the circumstances of the case, that such person ought to be represented by a legal practitioner, the District Court or Magistrate may assign a legal practitioner to represent him and direct the State to bear the expenses with respect thereto and recover the same from out of the property of such person. 22 Tertiary Education . Nurses in this profession work alongside psychiatrists, who are medical doctors specializing in mental disorders ranging from depression and … Legal & ethical aspects in mental health nursing, Trends and issues in Psychiatric Mental Health Nursing- Pradeep, Principles of Mental Health (Psychiatric) Nursing, Roles of the psychiatric mental health nurse in contemporary mental health care, No public clipboards found for this slide, Legal & ethical issue in psychiatry by suresh aadi8888. 95. As a psychiatric nurse practitioner - commonly known as a psychiatric-mental health nurse practitioner (PMHNP) - your primary responsibilities will center on improving your patients' mental health. [Protection of action taken in good faith]   (2)   No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder. (2) Where there is any further surplus amount available out of the funds specified in sub-section (1) after making payments as provided in that sub-section, the Government shall hold the same to be dealt with as follows, namely:- (a)       where the mentally ill person is certified to have ceased to be mentally ill by the District Court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid to that person; (b)         where the mentally ill person dies before payment, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same; (c)       Where the mentally ill person comes during his mental illness without leaving nay person legally entitled to succeed to his estate. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. (2) on receipt of an application under sub-section (1), the District Court shall, by personal service or by such other mode of service as it may deem fit, serve a notice on the alleged mentally ill person to attend at such place and such time as may be specified in the notice or shall, in like manner, serve a notice on the person having the custody of the alleged mentally ill person to produce such person at the said place and at the said time, for being examined by the District Court or by any other person whom the District Court may call for a report concerning the mentally ill person: The cost of maintenance of a mentally ill person detained as an inpatient in any psychiatric hospital or psychiatric nursing home shall, unless otherwise provided for by any law for the time being in force, be borne by the Government of the State wherein the authority which passed the order in relation to the mentally ill person is subordinate, if - [Cost of maintenance to be borne by Government in certain cases]   (a)   that authority which made the order has not taken an undertaking from any person to hear the cost of maintenance of such mentally ill person, and (a) (b) (b)   no provision for bearing the cost of maintenance of such a District Court under this Chapter. 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