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MEDICAL SERVICE AND INSTITUTIONS ACT CHAPTER 39
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Review Commissioner under the authority of the Law Review Act, Chapter 3 of the Laws of Belize, Revised Edition 1980-1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
MEDICAL SERVICE AND INSTITUTIONS ACT 10 Amendments in force as at 31st December, 2000.
Bélize
MEDICAL SERVICE AND INSTITUTIONS ACT CHAPTER 39
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Review Commissioner under the authority of the Law Review Act, Chapter 3 of the Laws of Belize, Revised Edition 1980-1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
MEDICAL SERVICE AND INSTITUTIONS ACT 10 Amendments in force as at 31st December, 2000.
Medical Service and Institutions [CAP 39
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CHAPTER 39
MEDICAL SERVICE AND INSTITUTIONS
ARRANGEMENT OF SECTIONS
1. Short title.
PART I
Preliminary 2. Interpretation.
PART II
Administration
Appointment of Medical Officers and Subordinates APPOINTMENT OF MEDICAL OFFICERS AND
SUBORDINATES 3. Constitution of Medical Service.
4. Appointment of medical officers.
5. Subordinates subject to relevant Public Service Regulations.
6. Employment of subordinates.
7. Salaries.
8. Duties.
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9. Director of Health Services to have general control.
10. Officers and subordinates to act under his directions.
11. Medical officer-who deemed.
Medical Districts
12. Medical district-how created.
13. Assignment of medical district to a medical officer.
14. Medical charge of medical institutions.
15. Medical subordinates-their duties.
16. Public vaccinators.
17. Members of medical service not to keep a chemist's shop.
18. Time of members of the medical service entirely at disposal of Govern ment.
Visitors of Medical Institutions
19. Visitors ex officio.
20. Visitors by appointment.
21. Power of visitors.
22. Visiting committee.
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Hospitals
23. Hospitals-their object.
24. Admission.
25. Medical officer in charge to have discretion in granting admissions.
26. Admission in cases of urgency.
Dispensaries
27. Dispensaries-their object.
28. Gratuitous treatment-to whom granted.
29. Medical officers to order medicines, etc.
30. Duties of medical officer in places where there is no hospital or dispensary.
PART III
Mental Hospital
Establishment of Mental Hospital
31. The Mental Hospital.
32. Charge of the Mental Hospital.
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Certification of Persons of Unsound Mind
33. Inquiry as to state of person's mind.
34. Proceedings for the certification of persons believed to be of un-sound mind.
35. Ajudication of unsoundness of mind and commit to Mental Hos-pital.
36. Duty of certain persons to inform magistrate of ill-treatment or ne-glect of person of unsound mind.
Persons in Public Institutions Becoming of Unsound Mind
37. Patient in hospital becoming of unsound mind.
38. Removal of criminals from prison to Mental Hospital.
39. Person under sentence of death believed to be of unsound mind.
Other Cases of Admission to the Mental Hospital
40. Admission by Director of Health Services in urgent cases.
41. Committal of persons of unsound mind considered dangerous.
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42. Admission of voluntary patients.
43. Persons of unsound mind who are not paupers, admitted on pay-ment.
Admission to Mental Hospital for Observation
44. Admission of convicted persons for observation.
45. Admission of accused persons for observation.
46. Evidence of state of mind.
47. Minister to order examination by medical practitioner.
48. Discharge of patient on recovery.
49. Absence of persons of unsound mind from the Mental Hospital on trial.
50. Transfer of person of unsound mind from Mental Hospital to some other place.
51. Recapture of escaped person of unsound mind.
52. Inquiry into means of person of unsound mind in the Mental Hospi-tal.
53. Application of section 33 (2).
54. Funeral expenses of persons of unsound mind, etc.
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55. Conveyance of persons of unsound mind to Mental Hospital.
56. Inquiry into death of persons of unsound mind in the Mental Hospital.
57. Power to make regulations.
Offences and Penalties
58. Unlawful entry into Mental Hospital.
59. Indecency to females.
60. Penalty for rescuing escaped inmate, etc.
61. Assaulting inmate or obstructing officer, etc.
62. Penalty for issuing false certificate, etc.
63. Fraudulent certificate of mental condition.
64. Selling articles to inmates of Mental Hospital.
65. Penalty for false evidence.
PART IV
Miscellaneous
66. Regulations.
67. Relatives of inmate made suitable for expenses .
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68. Dues recoverable summarily.
69. Remission of dues wholly or in part.
______________
FIRST SCHEDULE ______________
SECOND SCHEDULE ______________
THIRD SCHEDULE ______________
FOURTH SCHEDULE ______________
FIFTH SCHEDULE _____________
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CHAPTER 39
MEDICAL SERVICE AND INSTITUTIONS
[ 27th March, 1894 ]
1. This Act may be cited as the Medical Service and Institutions Act.
PART I
Preliminary
2. In this Act, unless the context otherwise requires:-
"dispensary" means any place appointed by the Minister for the gratu-itous treatment of sick persons, including of medical advice, surgical aid, medicines and surgical appliances, but without accommodation for the residence of the sick, whether such place forms part of a hospital or not;
"dues" includes all fees, charges, and funeral expenses, if any;
"hospital" means any place appointed by the Minister for the reception, treatment and residence within such place during treatment of sick per-sons;
"hospital servants" includes wardmen, attendants, cooks, and labourers appointed for the proper management of any medical institution;
"medical institutions" includes the mental hospital and all public hospi-tals, dispensaries, all hospitals in, or attached to, any prison or public institution in Belize;
Ch. 79, R.L., 1958. CAP. 30. R.E. 1980-1990. 23 of 1963. 38 of 1963. 40 of 1963. 14 of 1968. 42 of 1999. Short title.
Interpretation.
40 of 1963.
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"medical officer" includes the Director of Health Services and medical officers;
"medical practitioner" means any physio or surgeon who is authorised by law to practice and is actually practising;
"medical subordinates" includes mayors, subintendants, dressers, clerks, stewards, and nurses;
"person of unsound mind" means an idiot or a person who is suffering from mental illness or derangement;
"poor house" means any place appointed by the Minister for the recep-tion and residence of indigent persons maintained at the public expense.
PART II
Administration
Appointment of Medical Officers and Subordinates
3. The Government Medical Service shall consist of a Director of Health Services and such medical officers, and medical subordinates as may be nec-essary.
4. The Governor-General may from time to time appoint a Director of Health Services and the Public Services Commission may appoint such num-ber of medical officers as may be necessary.
5. The Public Services Commission may from time to time appoint, sus-pend and dismiss medical subordinates in accordance with the Public Service
Constitution of Medical Service.
Appointment of medical officers.
Subordinate sub- ject to relevant Public Service Regulations.
23 of 1963.
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Regulations governing public officers in their grade.
6. The Public Services Commission may author the Director of Health Services or a medical officer in charge of a medical institution to employ the services of such hospital servants as may be necessary, and to suspend or dismiss such servant, subject to appeal to the Public Services Commis-sion.
7. The medical officers, medical subordinates, and hospital servants shall receive such salaries or wages as may be provided by the National Assem-bly.
8. The Director of Health Services, medical officers, medical subordi-nates and hospital servants shall each perform such duties as may from time to time be imposed on them by this Act or by any other legislation or by any statutory instrument, and also such medical and health duties as may from time to time be directed or required by the Minister.
9. The Director of Health Services, shall, subject to the directions of the Minister, have the general control of all the medical institutions.
10. Every medical officer, medical subordinate, and hospital servant shall, subject to the authority of the Minister, act under the directions of the Di-rector of Health Services.
11. Every medical practitioner other than the medical officers, who re-ceIves a salary paid from the public revenues in respect of medical and sanitary duties performed by him, shall, so long as he receives such salary, be deemed a medical officer for the purposes of this Act.
Employment of subordinate.
Salariés.
Duties.
Director of Health Services to have general control.
Officers and subordinates to act under his directions.
Medical officer-who deemed.
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Medical Districts
12. The Minister may by Order published in the Gazette declare any portion of Belize a medical district, and may from time to time by Order, alter or revoke any such Order, and may from time to time by a like Order alter the limits of any such medical district.
13. The Minister may assign a medical district to any medical officer, and may remove a medical officer from one medical district to any other, and may remove a medical officer from a medical district to perform any other duty as the Minister may from time to time think expedient.
14. Except it shall be otherwise specifically provided for by the Minister, every medical officer to whom a district is assigned shall be in medical charge of the medical institutions situated within the district assigned to him.
15. The Director of Health Services, subject to the general control of the Public Services Commission, may:-
(a) order a medical subordinate to do duty in any medical institution;
(b) remove a medical subordinate from any medical institution to any other;
(c) remove a medical subordinate from any medical institution to per-form any other duty as the Director of Health Services may from time to time think expedient.
16. - (1) All medical officers and medical subordinates other than clerks, steguards, and nurses shall be public vaccinators.
Assignment of medical district to a medical officer.
Medical charge of medical institutions.
Medical subordinate-their duties.
Public vaccin-tors.
Medical district-how created. 40 of 1963.
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(2) No public vaccinator is entitled to receive any capitalization fee in re-spect of duties performed as public vaccinator.
(3) The Minister may appoint persons other than members of the medical staff to be district vaccinators, and such district vaccinators shall receive such fees in respect of vaccinations performed by them as are pro-vided in Part X of the Public Health Act.
(4) The Minister may, from time to time when any public vaccinator not receiving fees, has been shown to have done good service in such capacity, or to have exacted himself zealously for the public good in pursuing the work of vaccination, make such a public vaccinator a grant not exceeding one thousand dollars at any one time, or during any one year, out of funds provided for the purpose by the National Assembly.
17. - (1) Every member of the Government Medical Service who shall either by himself, his co-partners, assistant or servants keep open any apothecary's or chemist's shop or store shall on proof of be able to dispense from such service.
(2) The Minister may grant permission to any medical officer who is permitted to engage in private practice to keep such private store of drugs and implements as may be necessary for the purpose of dispensing pre-scriptions given by himself in the practice of his profession as a medical practitioner.
18. - (1) Except as mentioned in subsection (2), the time of every member of the Government Medical Service shall be deemed to be wholly at the dis-posal of the Government.
(2) Nothing contained in this section shall in any way diminish the existence-ing rights and privileges of such medical officers as are now entitled to the
Members of medical service not to keep a chemist's shop.
Time of members of the medical service entirely at disposal of Government.
40 of 1963.
CAP. 40.
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right of private practice by the terms of their appointment in the Overseas Service, and any other medical officer may, with the sanction of the Min-ister, engage in the practice of his profession, on such terms and for such period as shall from time to time appear to the Minister to be fit.
Visitors of Medical Institutions
19. The members of the National Assembly shall be visitors of all the medical institutions in Belize, and every district officer shall be a visitor of the medical institutions in his district.
20. The Minister may from time to time appoint any person or persons a visitor or visitors of any medical institution.
21. - (1) Every visitor is hereby empowered to visit any medical institution of which he is a visitor at any time, to make such inquiries as he may think fit regarding the measures adopted for the comfort and care of the inmates of such institution, and to enter in a book kept for the purpose in such institution any remarks he may wish to place on record regarding circus-chances observed by him and arising out of such visit.
(2) The powers granted under this section shall not be interpreted to include any right to inquire into, comment upon, or criticism any techno-cal modes of treatment of the sick adopted by the medical officer in charge.
22. - (1) The Minister may appoint two or more visitors to be a visiting committee for any medical institution.
(2) The appointment of a visiting committee under this section shall not in any way restrict or interfere with the rights of other visitors.
Visitors by appointment.
Power of visitors.
Visiting commit-tee.
Visitors ex officio. 38 of 1963.
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Hospitals
23. The primary object of every hospital shall be to provide accommo-dation and means of rendering medical and surgical aid for such sick per-sons as may be entitled to receive medical attendance by the terms of any agreement with the Government, and as shall be unable from want of means to procure for themselves professional assistance at their homes, and so far as may be conveniently feasible, accommodation shall also be provided in every hospital for persons able to pay for treatment therein.
24. The following persons shall be eligible for admission into any host-such:-
(a) members of the police department, in accordance with rules and regulations made from time to time by the Minister in accordance with any legislation dealing with such department;
(b) all sick persons provided with a written order signed by any public officer or other person empowered by virtue of any rule or regulation-tion made under this Act to sign orders of admission in the form given in the First Schedule;
(c) every person who shall be born to the satisfaction of an officer desig-born by the Director of Health Services for that purpose, security for the payment of such hospital dues as may be from time to time determined on by the Minister, such security being given by a per-sonal bond with or without guarantors and with or without a deposit of money as the designated officer may require, and who shall ob-tain from the designated officer an order for admission in the form as set out in the Second Schedule.
Admission.
40 of 1963.
First Schedule.
Second Schedule.
Hospitals-their object.
42 of 1999.
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25. - (1) The mere production of the order for admission as in the forms in the First and Second Schedules, shall not be deemed to entile the persons to whom they refer to be admitted into the hospital for treatment.
(2) In every case, the medical officer in charge shall exercise his professional discretion as to the disability of treating such diseases as the applicant may be suffering from in the hospital, and he shall admit or refuse to admit the person as the case may be.
(3) Every person, being dissatisfied with the decision of the medi-cal officer in charge, shall have the right of appeal to the Minister.
26. - (1) In case of accident or emergency, the medical officer in charge of any hospital may admit thereto without an order any person who in his opinion urgently requires immediate medical treatment.
(2) Whenever a person is admitted to a hospital under this sec-tion the medical officer in charge of the hospital shall as soon as is practi-cable after such admission send to a magistrate a report of the case in the form in the Third Schedule, and the magistrate shall after inquiry through the police or otherwise send to the medical officer in charge of the hospital either a certificate as in the form given in the First Schedule or an order as in the form in the Fourth Schedule.
(3) When an order is made in the form in the Fourth Schedule with respect to a person admitted to a hospital under this section, that person shall be prima facie liable to pay hospital dues as from the date of his admission as a patient of the class named in such order.
(4) The court before which any such dues are intended to be recovered-aged may, if objection is taken to the order, but with the burden of proof lying on the person objecting, inquire into the means of the person admit-
Admission in cases of urgency.
Third Schedule
First Schedule Fourth Schedule
Fourth Schedule
Medical officer in charge to have discretion in granting admissions. First and Second Schedules.
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ted to the hospital, and decides whether, in the case in question, a certificate or order should have been sent by the magistrate, and, if an order was rightly sent, whether the person was correctly classified in such order, and adjudicate accordingly.
Dispensaries
27. - (1) The object of every dispensary shall be to provide medical advice, surgical aid, medicines and surgical appliances gratuitously to indigent per-sons.
(2) The medical officer in charge of any dispensary may refuse to ren-der such medical advice, surgical aid, medicine or surgical appliance to any person who shall not produce to him a certificate signed by any public of-ficer or other person empowered by virtue of any rule or regulation made under this Act to sign dispensary certificates as in the form given in the Fifth Schedule.
28. Any person to whom a certificate in the form given in the First Sched-ule has been granted, and who has been refused admission into a hospital shall be entitled to be treated gratuitously at the nearest dispensary.
29. No medicine or surgical appliance shall be dispensed to any person without the prescription of, or an order by, the medical officer in charge.
30. When a medical officer is resident in any place in which there is no hospital or dispensary, he shall attend at such places and times as may be fixed by the Minister, to give gratuitous medical advice, and surgical aid, and dispense medicines to indigent persons who produce certificates which would entile them to treat in a dispensary if one exists in the place, and he shall also visit such persons in their homes when upon the certificate of a magistrate it appears that such persons are incapable of attending at the dispensary or place appointed.
Gratuitous treatment-to whom granted. First Schedule
Fifth Schedule.
Medical officers to order medi-cinemas, etc.
Duties of medical officer in places where there is no hospital or dispensary.
Dispensaries-their object.
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PART III
Mental Hospital
Establishment of Mental Hospital
31. The buildings and appurtenances at Rockville in the Belize District now occupied and used as a mental hospital and any other buildings which may in future be designated for the same purpose shall be the Mental Hos-pital of Belize and shall be known as the Rockview Hospital.
32. The Mental Hospital shall be under the charge and supervision of the Director of Health Services and shall be served by such number of medical and other officers and servants as the Minister may from time to time direct.
Certification of Persons of Unsound Mind
33. - (1) The magistrate of the judicial district in which a person believes to be of unsound mind is residing shall, on the oath of an informed who states that he has good cause to believe that that person is of unsound mind and a proper subject for confinement, examine the person in a con-venient place and, in the same or some other place, hold an inquiry into the state of mind of that person.
(2) The magistrate shall have and exercise in respect of all mat-ters arising in any such enquiry (including the enforcement of the atten-dance of witnesses and taking their evidence, the conduct of the proceedings-ings and the making of the order) all the powers and authorities which a magistrate has and exercises under the Summary Jurisdiction Acts in re-spect of the corresponding matters arising under those Acts.
Charge of the Mental Hospi-such.
Enquiry as to state of person's mind.
The Mental Hospital.
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(3) The magistrate may, if he thinks fit, conduct the inquiry in the ab-sense of the person belived to be of unsound mind, but in any such case he shall transmit the proceedings together with a copy of the order of commit-ment to the Chief Justice who may make such order thereon for drying a proper investigation into the mental condition of that person as he may think fit.
34. - (1) For the purposes of the inquiry which the magistrate is required to make under this Act, the magistrate shall appoint two medical practitioners to examine the person believed to be of unsound mind.
(2) Where the magistrate appoints medical practitioners to examine any person as to his state of mind, he may issue his warrant authorising any person or officer to hold the person believed to be of unsound mind during any time which may be necessary for his examination and observation, and the medical practitioners appointed for that purpose shall have access to the person believed to be of unsound mind for the purpose of observing and examining him.
(3) No warrant shall authorize the holding of any person for examination-tion for any period exceeding seven days but the warrant may be re-issued from time to time for a period not exceeding seven days.
(4) The medical practitioners shall examine the person believed to be of unsound mind separately and each shall arrive at his own conclusion as to the state of mind of that person apart from the other.
(5) Each such medical practitioner shall, if the facts warrant his so do-ing, certify that in his opinion the person examined by him is of unsound mind.
Proceedings for the certification of persons believed to be of unsound mind.
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(6) The certificate shall specify in full detail the facts upon which the medical practitioner signing it bases his opinion and it shall clearly distin-guish facts which he himself has observed from facts communicated to him by others.
(7) The medical practitioners so appointed shall inquire of any person able to give information as to the previous history of the person examined by them, and they shall state in their certificates all matters known to them which in their opinion are likely to be of service in connection with the medical treatment of the person examined.
(8) No certificate which purports to be founded wholly on facts communicated to the practitioners by others shall have any effect.
(9) Where a person believed to be of unsound mind is in some place where it is impossible without considerable delay to obtain two reg-istered medical practitioners for the purpose of examining him, it shall be sufficient compliance with this section if the magistrate appoints a single medical practitioner to examine him.
35. - (1) Where upon any such inquiry it appears to the magistrate that the person examined by the medical practitioners is of unsound mind and a proper subject for confinement, he may adjudicate that person to be of un-sound mind and a proper subject for confinement.
(2) If the magistrate so awards the person examined by the medical practitioners, he shall make an order committing that person to the Mental Hospital for custody and treatment as a patient therein.
(3) Every person awarded a person of unsound mind under this section shall be delivered into the custody of a police officer or other authorised person together with a warrant of commitment and the certifi-
Adjudication of unsoundness of mind and committal to Mental Hospital.
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cates or certificate of his unsoundness of mind, and the person to whom he is delivered shall conduct him to the Mental Hospital and there deliver him to the Director of Health Services.
(4) The Director of Health Services shall receive the person awarded to be of unsound mind and he shall be responsible for the safe keeping and treatment of that person under this Act.
(5) Delivery of that person to any officer appointed by the Director of Health Services to receive persons awarded to be of unsound mind in the Mental Hospital shall be sufficient compliance with subsections (3) and (4).
36. - (1) Every visitor of a medical institution, medical officer, medical prac-titioner and police officer to whose knowledge it comes that any person believed to be of unsound mind is not under proper care and custody, or is cruelly treated or denied by any person having the care or charge of that person shall within three days after obtaining such knowledge give reports-tion thereof upon oath to the magistrate of the judicial district in which the person believed to be of unsound mind is or is residing.
(2) Upon receipt of such information, the magistrate shall proceed to have the person examined and to hold an inquiry into his state of mind in like manner as he is required to do where information is given to him under section 33.
Persons in Public Institutions Becoming of Unsound Mind
37. - (1) If while a patient under treatment in a public hospital a person be-comes of unsound mind, the medical officer in charge of that hospital may issue a certificate that that patient has become of unsound mind and cause him to be removed to the Mental Hospital and the Director of Health Ser-
Duty of certain persons to inform magis-treat of ill-treatment or refuse of person of unsound mind.
Patient in hospital becoming of unsound mind.
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vices or other officer in charge of the Mental Hospital shall receive the patient into the Mental Hospital.
(2) The certificate issued by the medical officer in charge of the hospital in which the patient becomes of unsound mind shall be forged along with the patient.
(3) The medical officer shall forthwith report the fact of the re-moval of the patient to the Mental Hospital to the magistrate of the Belize Judicial District who shall, if satisfied that the patient is of unsound mind, issue a warrant authorising the detention of the patient in the Mental Hos-pital for treatment.
(4) The magistrate shall hold an inquiry into the state of mind of the patient before he issues his warrant for the detention of the patient in the Mental Hospital.
38. - (1) If any person imprinted in any prison or other place of confinement-ment appears to be of unsound mind, the Superintendent of Prisons shall call to his assistance a medical practitioner and inquire with his aid into the mental condition of the person so imprisoned.
(2) If the medical practitioner certifies that the person so impris-oned is of unsound mind, the Minister may, if he thinks fit, upon receipt of the certificate of the medical practitioner and such other evidence as he may require, direct by warrant under his hand that the person so impris-oned be removed to the Mental Hospital.
(3) The Minister may for the purpose of establishing whether the person so imprinted is of unsound mind require the magistrate of the district in which the prison is situated to hold an inquiry into the state of that person's mind and theupon the magistrate shall proceed in like man-
Removal of criminals from prison to Mental Hospital.
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ner as if information upon oath had been given to him under section 33.
(4) Every person removed to the Mental Hospital under this section shall remain there in printing until it is duly certified to the Minister by the Director of Health Services that he is no longer of unsound mind.
(5) If, when a certificate that a person confined in the Mental Hospital under this section is no longer of unsound mind is forged to the Minis-ter, the sentence under which he was imprinted has expired, the Minister shall by order under his hand direct that he be distracted from custody, but if otherwise, that he shall be taken to the prison or other place of confinement-ment whence he was removed to the Mental Hospital to serve the remain-der of his sentence.
(6) The Minister may by warrant remove or discharge from the Mental Hospital any person confined therein under this section, if it be duly certi-fied to him by at least one medical practitioner that that person, while not of sound mind, is harmless and may be discharged from respaint without dan-ger to himself or the public.
39. - (1) If at any time the Governor-General is informed that there is good reason to believe that any prisoner under sentence of death in a prison is of unsound mind, he shall appoint two medical practitioners to examine that prisoner and if on such examination the prisoner is found to be then of unsound mind the Governor-General shall direct by warrant under his hand that he be removed from the prison to the Mental Hospital.
(2) The medical practitioners so appointed to examine the prisoner shall, if in their opinion he is of unsound mind, certify that fact to the Governor-General who shall have power to cause such other inquiry to be made into the prisoner's state of mind as he may think fit.
Person under sentence of death believed to be of un-sound mind.
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(3) Every prisoner removed under this section shall remain in impris-onment in the Mental Hospital until it is duly certified to the Governor-General by the Director of Health Services and a registered medical prac-titioner that he is no longer of unsound mind.
(4) A person under sentence of death who becomes of unsound mind shall not on his recovery suffer the penalty of death, but in lieu thereof he shall be imprinted for life.
Other Cases of Admission to the Mental Hospital
40. - (1) In any case in which the Director of Health Services considers that the admission of a person believed to be of unsound mind is urgent, he may admit that person into the Mental Hospital if on examination he is of opinion that he is of unsound mind.
(2) Where any person of unsound mind has been admitted into the Mental Hospital under subsection (1), the Director of Health Services shall forthwith notify the fact of such admission to the magistrate of the Belize Judicial District who shall, if satisfied that the patient is of unsound mind, issue a warrant authorising the detention of the patient in the Mental Hos-pital for treatment.
(3) The magistrate may, if he considers it necessary, hold an inquiry into the state of mind of the patient before he makes his order for the detention of the patient in the Mental Hospital.
41. - (1) A magistrate may cause any person discovered under circumstances which indicate a derangement of mind and a purpose of committing an indictable offence to be required and brought before him, and if upon examination of that person by two medical practitioners the magistrate is satisfied that the person is of unsound mind and is dangerous to be at
Committal of persons of unsound mind considered dangerous.
Admission by Director of Health Services in urgent cases.
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large, he may direct the said person to be revealed to the Mental Hospital.
(2) The magistrate shall issue a warrant authorising the detention of that person at the Mental Hospital and he shall be received therein and held under that warrant.
(3) If any relative or friend of that person enters into a recognition with sufficient sureties to the satisfaction of the magistrate of the Belize Judicial District for the peaceable behaviour and safe custody of that per-son, the magistrate may deliver that person into the custody of his relative or friend.
42. - (1) If suitable accommodation is at any time available at the Mental Hospital, the Director of Health Services may receive as a voluntary patient any person of unsound mind or any other person suffering from mental neu-rosis due to alcohol, drugs, vice or any other cause for care and treatment on payment, or guarantee of payment by some responsible person, of such fees as may be prescribed.
(2) A person received as a voluntary patient under this section, shall remain for treatment in the Mental Hospital for a minimum period of one month and reasonable notice of his intended removal shall be given to the Director of Health Services.
43. Persons of unsound mind, not being paupers, may be admitted to reside in the Mental Hospital on arrangements being made to the satisfaction-tion of the Director of Health Services for the payment of the expense of their maintenance and clothing at rates to be fixed according to accommo-dation, either out of their own property or by aid of their relatives and friends, and on such security being given as the Director of Health Services thinks reasonable.
Persons of unsound mind who are not paupers, admit-ted on payment.
Admission of voluntary patients.
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Admission to Mental Hospital for Observation
44. - (1) Where it is represented to the Minister that any person undergoing sentence in any prison or other place of confinement appears to be of unsound mind, but that the Superintendent of Prisons or other officer in charge thereof and such medical practitioner as he may have called to his assistance are unable to certify that the person in question is of unsound mind, it shall never be lawful for the Minister by warrant to direct the removal of that person from the prison or other place of confinement to the Mental Hospital, and that person shall be removed and revealed to the Mental Hospital accordingly and therein kept under observation until such time as the Director of Health Services certifies to the Minister that he is satisfied as to the state of mind of that person.
(2) If and when the Director of Health Services is satisfied that such person is of sound mind, he shall certify accordingly to the Minister and shall state in his certificate whether in his opinion such person has been of unsound mind at any time subsequent to the passing of the sentence, and upon receipt of such certificate, the Minister shall, by warrant under his hand, direct-
(a) if the term of printing of such person has expired, that such per-son is discharged;
(b) if such person still remains liable to imprinting or other sentence, that he be removed to the appropriate prison or place to undergo such sentence, or, if not under sentence to be dealt with according to law, as if no warrant for his removal to a hospital had been issued.
Admission of convicted persons for observation.
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45. - (1) Whenever a judge or a magistrate has reason to believe that a per-son committed for trial before the Supreme Court or charged before him with an offence, as the case may be, is of unsound mind, he may, for the purpose of obtaining evidence as to whether or not that person is or is not of unsound mind, by written order direct that that person be received into the Mental Hospital at Rockville and be there detained under observation dur-ing such period, not exceeding fourteen days, as to the judge or the magis- treat may seem expedient.
(2) An order under this section may, on good cause shown, be en-long for a further period or periods each not exceeding eight days at a time, and no order under this subsection shall be made in respect of any person not in custody pending trial.
(3) Every person ordered under this section to be detained in the Men-such Hospital for observation shall be received and detained therein for the purpose of observation during the period stated in the order or such shorter period as the judge or the magistrate may direct.
46. - (1) When the Minister has issued a warrant under section 44 or an order has been made under section 45, a certificate under the hand of the Director of Health Services shall be sufficient evidence of the facts therefore stated concerning the state of mind of the person kept under observation, and it shall not be necessary to provide the handwriting of the Director of Health Services.
(2) The judge or the magistrate may examine any members of the staff of such hospital who have had the patient under observation.
47. - (1) An order for the examination of any patient in the Mental Hospital by two or more medical practitioners authorised by the Minister may be obtained from the Minister upon the application of any person, whether a
Minister to order examination by medical practice-ner.
Evidence of state of mind.
Admission of accused persons for observation.
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relative or friend or not, who satisfies the Minister that it is proper for him to grant such order.
(2) Upon the production to the Minister of the certificates of the medi-cal practitioners so authorised certifying that after two separate examines-tions with at least seven days intervening between the first and the second examinations, they are of opinion that the patient may without risk to him-self or the public be discharged, the Minister may, in his discretion, order the patient to be discharged at the expiration of ten days from the date of the order.
(3) All the costs of and incidental to any examination made under this section shall be borne by the person applying for such examination.
48. - (1) The Director of Health Services shall forthwith upon the recovery of a patient send notice thereof to the husband or wife or nearest relative or failing such to any person known to be a friend of the patient and, where no husband, or wife, relative or friend is known, then to the public authority responsible for relief of the poor.
(2) The notice shall state that the patient will be discharged within seven days from the date of the notice.
49. - (1) The Director of Health Services may allow any person of unsound mind confined in the Mental Hospital to absent himself from the Mental Hospital upon trial for any period which he thinks fit, and may at any time extend such period, and if such person does not return to the Mental Hos-pital at or before the expiration of such period or extended period of trial he may be apprehended as if he had escaped from the Mental Hospital.
Absence of person of unsound mind from the Mental Hospital on trial.
Discharge of patient on recovery.
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(2) No person of unsound mind shall be allowed to be absent from the Mental Hospital on trial unless some person enters into an undertaking to take charge of him.
50. The Minister may, when it appears necessary, order any person ad-judged to be of unsound mind under this Act or confined in the Mental Hospital to be removed to some place other than the Mental Hospital and there detained for treatment and care.
51. Any person of unsound mind who escapes from the Mental Hospital may at any time be apprehended by any officer, attendant or servant of the Mental Hospital, or by any police officer, and be revealed to the Mental Hospital for detention therein as if he had not escaped.
52. The Minister may order an investigation before a magistrate into the circumstances of any Pauper who is a person of unsound mind in the Men-such Hospital, and such magistrate shall have power to add any person to give evidence before him on oath, and to examine such person touching the property or estates of, and debates owing to, the person of unsound mind, and to require the production of deeds relating to any such property, and thereafter he shall report fully thereon to the Minister.
53. Section 33 (2) shall apply to any investigation made under section 52.
54. The property of any person of unsound mind or voluntary patient in the Mental Hospital shall be liable for his funeral expenses and the person who guarantees the payment of the maintenance of such person of unsound mind or voluntary patient in the Mental Hospital shall also be able for the funeral expenses of that person of unsound mind or voluntary patient.
Funeral ex-thinks of persons of unsound mind, etc.
Application of section 33 (2).
Recapture of escaped person of unsound mind.
Transfer of per-son of unsound mind from Mental Hospital to some other place.
Inquiry into means of person of unsound mind in the Mental Hospital.
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55. All members of the police department shall give proper assistance in the conveyance of persons of unsound mind to the Mental Hospital, and all reasonable expenses incurred by persons, not being relatives or friends of the person of unsound mind, in conveying them to the Mental Hospital shall be repaid to the persons so occurring them by the Director of Health Services out of funds provided by the National Assembly in cases where the persons of unsound mind are alleged to be paupers.
56. On the death of any person of unsound mind or idiot or other patient in the Mental Hospital, it shall be the duty of the coronary in the Belize Judicial District to hold an inquiry into the cause of death, for which pur-pose he shall be notified of the death by the person in charge of the Mental Hospital.
57. - (1) The Minister may make regulations for all or any of the following purposes-
(a) defining the duties of the Director of Health Services, medical officers, nurses, attendants and other servants and employees at the Mental Hospital;
(b) regulating generally the administration of the Mental Hospital and making provision for the care and treatment of persons of unsound mind and mental defects therein;
(c) prescribing the fees which shall be paid by voluntary patients and the expenses of the maintenance and clothing of persons of unsound mind who are not required in accordance with this Act; and
(d) prescribing the forms to be used for the purpose of giving information to the magistrate concerning persons believed to be of unsound mind,
Conveyance of persons of unsound mind to Mental Hospital. 42 of 1999.
Inquiry into death of persons of unsound mind in the Mental Hospital.
Power to make regulations.
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the certification of such persons, the warrant for conveying and holding a person awarded to be of unsound mind, the order awarding a person of unsound mind and all other forms necessary for proceedings to be taken under this Act.
(2) Subject to subsection (1), power to make regulations conferred on the Minister under section 66 shall include the power to make regulations for the Mental Hospital.
Offences and Penalties
58. Every person who-
(a) without lawful warrant or authority enters the Mental Hospital or any enclosure or apartment therein or thereto pertaining; or
(b) aids or allows any person to enter any apartment or enclosure therein without lawful authority; or
(c) assists, or being an officer or servant of the Mental Hospital wilfully allows any person of unsound mind to escape from the Mental Hospi-tal; or
(d) assists, or being an officer or servant of the Mental Hospital wilfully allows, any person of unsound mind of one sex to enter the apartment of any other person of unsound mind of the other sex; or
(e) supplies any person of unsound mind confined in the Mental Hospital with the means of escape or anything whereby his escape may be facili-rated or effected,
Unlawful entry into Mental Hospital.
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shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding one hundred and fifty dollars or to imprinting for a term not exceeding six months.
59. Every person who-
(a) being a male takes any indecent liberty with any female inmate of the Mental Hospital, whether with or without her consent; or
(b) assists any male person to take any indecent liberty with any such inmate, whether with or without her consent; or
(c) being an officer or servant of the Mental Hospital, knowingly per-mitts any person to take any indecent liberty with any such inmate with or without her consent,
shall be guilty of an offence and, if an officer or servant of the Mental Hospital, shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprinting for a term not exceeding twelve months or, if not such officer or servant, shall be able to a fine not exceeding one hundred and fifty dollars or to imprinting for a term not exceeding six months.
60. Every person who-
(a) rescues any person of unsound mind while he is being revealed to, or while he is confined in, the Mental Hospital; or
(b) harbours or hides any person of unsound mind who has escaped from lawful custody while being revealed to, or while he is con-fined in, the Mental Hospital,
Indecency to females.
Penalty for rescuing escaped inmate, etc.,
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shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred and fifty dollars or to printing for a term not exceeding three months.
61. Every person who-
(a) being a person employed at the Mental Hospital, strikes, ill-treats or neglect any person of unsound mind or other person confined in a Mental Hospital, or
(b) strikes or ill-treats any person of unsound mind or other patient at the Mental Hospital while he is absent from the Hospital on trial, knowing him to be of unsound mind or a patient at the Mental Hospital, or
(c) assaults, annoys or obstructs any officer, servant or employee of the Mental Hospital while he is engaged in the performance of his duty as such officer, servant or employee,
shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding one hundred and fifty dollars.
62. Every medical practitioner who-
(a) issues a certificate relating to the state of mind of any person for the purpose of an inquiry or other procedure under this Act which is to his knowledge false in any particular material; or
(b) refusés or negects to make an examination of a person believed to be of unsound mind when appointed by the Minister or a mag-istrate, or when required by the Director of Health Services, to do so for any purpose of this Act, or fails to serve a certificate of the
Assaulting inmate or obstructing officer, etc.
Penalty for issuing false certificate, etc.
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result of any examination which he is appointed or required to make as aforesaid,
shall be guilty of an offence and on summary conviction thereof shall be liable to a fine not exceeding two hundred and fifty dollars or to imprinting-ment for a term not exceeding six months.
63. Every person who, with intent to procure the confinement of an-other person in the Mental Hospital, knowingly signs or issues a certificate relating to the state of mind of that person which purports to be a certifi-Cate signed or issued by a medical practitioner but which in fact is not so signed or issued shall be guilty of a felony and on conviction upon indication-ment be liable to imprinting for a term not exceeding five years.
64. Every person who, without the consent of the Director of Health Services, gives, sells or barters any article or commodity of any kind to any inmate of the Mental Hospital shall on summary conviction be able to a fine not exceeding one hundred dollars.
65. Every person who wilfully makes any false statement on oath or affirmation before a magistrate upon any inquiry or investigation held or made under this Act shall be guilty of perjury and shall be punishable ac-cordingly.
PART IV
Miscellaneous
66. Subject to this Act, the Minister may from time to time make regu-lations with regard to all or any of the following matters-
Fraudulent certificate of mental condi-tion.
Selling articles to inmates of Mental Hospital.
Penalty for false evidence.
Regulations.
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(a) the power and duties of the medical officers in relation to the medical institutions, and generally of the medical subordinates and hospital ser-vants;
(b) fixing the fees payable to medical officers for professional attendance in the exercise of their private practice;
(c) the functions of visitors and visiting committees;
(d) the admission, maintenance, and treatment and discharge of persons to and from the medical institutions;
(e) the fees and charges to be paid, and the mode of their collection and of their payment into the Treasury;
(f) the accommodation to be provided for different classes of patients;
(g) the general management and discipline of hospital, dispensaries and poor houses, and all matters incidental thereto, or connected therewith;
(h) fixing the fees and charges to be paid for any professional services which a medical officer may be directed or required to perform under this Act, the mode of collection of such fees and charges and of their payment into the Treasury;
(i) for the better carrying out of any of the provisions of this Act.
67. - (1) The relatives of an inmate in any Government institution shall be able to contribute to the cost of maintaining such an inmate in accordance with this section.
Relatives of inmate made liable for ex-penses.
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(2) For the purposes of this section "relative" means parent, child, husband, wife, brother or sister, whether legitimate or not, and the word "parent" shall be deemed to include grandparent and great-grandparent and the word "child" grandchild and great-grandchild.
(3) When a man is married to a woman who at the time of such a sea-riage had children whether legitimate or not, such children shall be deemed to be the children of such man for the purpose of this section.
(4) For the purposes of this section the term "Government institution" means any Mental Hospital, poor house, hospital, leper asylum, certified institution, maintained wholly or in part by the Government and any other institution which the Minister may declare to be a Government institution for the purpose of this section, and a person receiving any form of relief from Government Funds shall be deemed an inmate of a Government in-constitution for the purposes of this section.
(5) When directed to do so by the Minister a magistrate shall hold such inquiry as he may think proper into the means of the relatives of any inmate of a Government institution and thereafter make such order as he may think just directing the person named therein being a relative to con-tribute to the cost of maintaining such an inmate a weekly sum of money stated in such order.
(6) In making any order under subsection (5) the magistrate shall have regard to the means and nearness of kin of such relative to the inmate.
(7) Where the magistrate considers it just that more than one relative should contribute to the cost of maintaining an inmate he shall make a separate order in respect of each relative so required to contribute.
40 of 1963.
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(8) Every such order shall be enforceable in the manner provided by section 68.
68. - (1) In case any dues are not paid, the same shall be recoverable under the Summary Jurisdiction acts on the information of the Director of Health Services or of some person authorised by him.
(2) A certificate purporting to be signed by the Director of Health Ser-vices or a medical officer in charge of any medical institution stating that any amount is payable by any person and giving particulars showing how the amount is calculated shall be receivable as sufficient evidence of the facts stated therein unless the contrary is provided or unless the statement is incon-sister or does not give sufficient particulars.
69. The Minister may refer by way of relief the whole or any part of the dues to which persons may have become liable under or pursuant to the provisions of this Act, and the regulations.
FIRST SCHEDULE
[Sections 24 to 26 and 28]
Order for Free Admission into Hospital
I, the undersigned, do hereby certify that of is unable from want of means to procure for h self per medical attendance at h home; and I do hereby order that the said be admitted into the Public Hospital at
Dated at this day of 20 .
Dues recoverable summarily.
Transmission of dues wholly or in part.
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SECOND SCHEDULE
[Sections 24 and 25]
Form of Undertaking to pay Hospital Dues
do hold sel responsible for all dues incurred on account of the admission into the Public Hospital at
of and (my, his, her) treatment therein as a class patient, according to the rules and regulations for the general management of the medical institutions [and have deposited the sum of $to be applied as far as may be necessary in the payment or part payment of such dues].
Dated at this day of 20.
(Signed) ________________
[Sections 24 and 25]
Order for Admission into Hospital
I, the undersigned, having duly accepted the above [together with a de-position of $ ] as guarantee for the payment of all hospital dues that may be incurred on account of the admission into hospital of
of and to treat therein, and having satisfied myself that he is a fit and proper person to receive treatment in the hospital as a class patient, do hereby order that the said
of be admitted into the hospital as a class patient.
Dated at this day of 20.
Magistrate
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THIRD SCHEDULE
[Section 26]
Form of Report in case of Provisional Admission into Hospital in case of Accident or Emergency
To the Magistrate, of
having been provisionally admitted into the public hospital at by me, I have the honour to request that you will be so good as to nourish the necessary order for admission into hospital under the Medical Service and Institutions Act.
Dated at this day of 20.
Medical Officer ___________________
FOURTH SCHEDULE
[Section 26]
Order for Admission Into Hospital in case of Accident or Emergency
I, the undersigned, having made as full an inquiry as is reasonably pos-sible, do hereby order that of who was admitted into the hospital at the day of 20 be classified as a class patient.
Dated this day of 20.
Magistrate
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FIFTH SCHEDULE
[Section 27]
Form of Certificate entitling a Person to receive Gratuitous Medical Attendance at a Dispensary
I, the undersigned, do hereby certify that of is unable to provide h self with proper medical attendance
owing to want of means.
Dated at this day of 20.
_____________
