The government yesterday tabled the Mental Health Protection and Promotion Bill, which when passed, will effectively replace the Mental Hospital Ordinance Cap.140.
The bill was tabled by Minister of Health Dr Frank Anthony and was read for the first time at yesterday’s sitting of the National Assembly.
According to the bill’s explanatory memorandum, its purpose is to provide for the mental health care of persons suffering from mental illness and to protect, promote and fulfil the rights of those persons during the delivery of mental health care. Additionally, the bill “seeks to promote the mental health and wellbeing of persons in Guyana and to ensure that all persons receive the best mental health care.”
Moreover, the bill also seeks to reduce the effects of mental illness on the family and community.
“Mental health in Guyana is currently governed by the Mental Hospital Ordinance, Cap.140. This bill will replace the current law to ensure that mental health care, treatment and rehabilitation services are promoted widely in Guyana and that persons receive mental health care of a high standard,” the explanatory memorandum informed.
It added that the enactment of the bill will provide the requisite framework to address the provision of high-quality care as well as improved access to care and protection. With nine parts, the bill mandates the government to implement policies and measures to ensure the objectives of the new legislation is realized.
Part one of the bill speaks to preliminary matters while part two imposes the obligation on the Minister of Health to ensure that policies and measures in relation to mental health are implemented in a manner that ensures the accessibility of specialized services as well the overall promotion of human rights of those suffering from mental illnesses. Part two of the bill also speaks to the provision of equitable care to all in need.
The third part of the bill speaks to the determination of mental illness and the capacity of persons with mental illness to make mental health care and treatment decisions and consent. It provides for mental illness to be diagnosed in accordance with nationally or internationally accepted medical standards. Under part two of the bill, every person is deemed to be mentally capable and no treatment shall be administered without the informed consent of that person.
Part four addresses the human rights of persons suffering from mental illness.
“…which includes respecting the dignity, autonomy and privacy of persons with mental illness, the right to mental health care and mental health services of an acceptable and good quality, the right to live and be treated in the community, the right to access justice, the right to information and the prohibition against discrimination and abuse,” the explanatory memorandum states.
Part six of the bill, among other things, mandates the Minister of Home Affairs to ensure that all prisoners suffering from mental illnesses are provided with the relevant care.
The bill also mandates the establishment of a Mental Health Board comprising 11 members.
Part VIII 51 (2) of the bill states “the Minister shall appoint the following persons to be members of the Board – (a) a psychiatrist; (b) an attorney-at-law of at least ten years standing at the bar nominated by the Attorney General; (c) a person nominated by the Minister responsible for human services and social security; (d) a person nominated by the Medical Profession; (e) a person who is a social worker or counsellor; (f) a person with a background in clinical psychology; (g) a human rights specialist; (h) the Chief Medical Officer as an ex-officio member; (i) the Chief Nursing Officer as an ex-officio member; (j) a user of mental health services; and (k) a family member or caregiver of a person with mental illness.”
The Board is responsible for, among other things, the promotion of standards of best practices, investigating complaints, considering appeals against decisions made by the Medical Director or a psychiatrist as well as reviewing decisions related to involuntary treatment.
Part VIII outlines the various penalties for offences under the proposed legislation.
