Zambia
Mental Health Act, 2019
Act 6 of 2019
- Published on 11 April 2019
- Assented to on 11 April 2019
- Commenced on 11 April 2019
- [This is the version of this document from 11 April 2019.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Mental Health Act, 2019.2. Interpretation
In this Act unless the context otherwise requires—"Board" means the Board of the Council constituted under section 11;"child" has the meaning assigned to the word in the Constitution;[Cap. 1]"Council" means the National Mental Health Council established under section 8;"community leader" means a civil society leader, chief, headperson, minister of religion or any person of good standing in a community;"community mental health service" means a mental health service within a community;"correctional centre" means an institution where a mental patient who commits an offence is held in custody for treatment and rehabilitation;"court" means a court of competent jurisdiction;"discrimination" has the meaning assigned to the word in the Persons with Disabilities Act, 2012;[Act No. 6 of 2012]"emergency" includes a situation where there is immediate and imminent danger to the health and safety of a person or others and it is demonstrated that the time required to comply with substantive procedures would cause sufficient delay and harm to the concerned mental patient or others;"forensic mental patient" means a person who is referred to a mental health facility by a court for assessment in order to determine whether or not that person is mentally fit to stand trial, or to be held criminally responsible for an offence;"health care provider" means a person registered and licensed under the Health Professions Council of Zambia or the General Nursing Council of Zambia or, any other health regulatory body;"health facility" has the meaning assigned to the words in the Health Professions Act, 2009;[Act No. 24 of 2009]"health practitioner" has the meaning assigned to the words in the Health Professions Act, 2009;[Act No. 24 of 2009]"in-charge" means an officer with commensurate authority to superintend the management of a health facility;"informed consent" means consent obtained freely, without threats or improper inducements, after appropriate disclosure to the mental patient of adequate and clear information in a form and language understood by the mental patient on—(a)the diagnostic assessment;(b)the purpose, method, likely duration and expected benefit of the proposed treatment;(c)alternative modes of treatment, including those less intrusive; and(d)possible pain or discomfort, risks and side effects of the proposed treatment;"informed decision" means a decision by a mental health services user about a diagnostic or therapeutic procedure, based on choice, which requires the decision to be voluntary and that the mental patient has the capacity for choice, which rests on the following key elements:(a)possession of a set of values and goals for which the mental patient need to make a decision;(b)ability to understand information and communicate decisions; and(c)ability to reason and deliberate;"involuntary admission" means the detention and provision of mental health services to a mental patient who—(a)is incapable of making an informed decision due to their mental health status; or(b)unreasonably withholds or refuses to give informed consent but requires those services for that person’s own protection or for the protection of others;"mental capacity" means the capability to make independent informed decisions and to act on that decision and understand the consequences of the decision made and action taken;"mental disability" means long-term psycho-social impairment which may hinder a person’s full and effective participation in society on an equal basis with others;"mental disorder" means diagnosis of a mental condition, impairment or disability in the absence of demonstrable organic etiological factor also referred to as functional neurosis or psychosis;"mental health" means a state of well-being in which a person realises that person’s potential to cope with the normal stresses of life, can work productively and is able to make a contribution to the person’s community;"mental health care" includes analysis and diagnosis of a person’s mental condition, and treatment, care, rehabilitation and palliation for a mental illness or suspected mental illness;"mental health facility" means an establishment, or unit of an establishment which provides mental health care as its primary function;"mental health intervention" means an action or service rendered to a—(a)mental patient for treatment or rehabilitation; or(b)community promoting mental health or preventing mental disorder;"mental health practitioner" means a medical doctor, clinical psychologist, psychiatrist, nurse, social worker or other appropriately qualified person with relevant skills in mental health care and registered with a relevant regulatory authority;"mental health services" means mental health promotion, and prevention, assessment, treatment, care, rehabilitation, palliation and any other related support services, programs and interventions for a mental disorder;"mental health service resources" means the provision of materials, finances, human resources and infrastructure for the provision of mental health services;"mental health service user" means a person receiving treatment, care, rehabilitation or palliation services or using a health service at a health facility aimed at enhancing the mental health status of a user;"mental health specialist" means a person who has undertaken advanced training in mental health to work with people with mental illnesses and psycho-social issues and includes psychiatrists, clinical psychologists, psychiatric nurses, psychiatric clinical officers, therapists including child, marriage and family counsellors, licensed or certified under the Health Professions Act, 2009, or the Nurses and Midwives Act, 1997, or other applicable legislation related to mental health services;[Act No. 24 of 2009; Act No. 31 of 1997]"mental illness" means a mental impairment or disability with evidence of an organic etiology;"mental impairment" means a permanent outcome, effect, aftermath or after effect of a mental illness that affects a person’s ability to function normally in society;"mental patient" means a person diagnosed by a mental health practitioner as having a mental illness, mental disorder, mental impairment or mental disability;"officer-in-charge" means an officer with commensurate authority to superintend the management of a correctional centre;"place of safety" means a designated health facility or other secure location taking into consideration the best interpretation of the will and preference of the mental patient;"primary care giver" means a health care provider, spouse, relative, friend or community-based worker closest to the mental patient;"primary health care" means essential health care based on practical, scientifically sound and socially acceptable methods and technology made universally accessible to individuals, families and communities at a cost that the community and the country can afford to maintain;"psychiatrist" means a person registered as such under the Health Professions Act, 2009;[Act No. 24 of 2009]"public mental health facility" means a government run site, health post, clinic, hospital, fixed or mobile, providing services for the promotion, prevention, diagnosis, treatment and rehabilitation of a mental patient;"reasonable accommodation" has the meaning assigned to the words in the Persons with Disabilities Act, 2012;[Act No. 6 of 2012]"rehabilitation" has the meaning assigned to the word in the Persons with Disabilities Act, 2012;[Act No. 6 of 2012]"supporter" means a person who represents a mental health service user or mental patient’s rights or interests;"treatment" means an intervention given to control, cure or provide relief from symptoms of a disorder, an illness, impairment or cognitive and psycho-social disability, approved by a relevant regulatory authority; and"voluntary admission" means the provision of mental health interventions to a person who gives informed consent to the health interventions.3. General principles for determination of condition of mental patient
The following principles apply to the determination of a condition of a mental patient:Part II – Legal capacity and rights of mental patients
4. Legal capacity
5. Duty to respect and uphold rights and dignity of mental patients
A person, shall respect, safeguard the dignity, and uphold the rights of a mental patient.6. Prohibition of discrimination, degrading treatment and use of derogatory names
7. Promotion of mental health and preventive programmes
Part III – The National Mental Health Council
8. Establishment of National Mental Health Council
There is established the National Mental Health Council which is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power subject to the other provisions of this Act, to do all acts and things that a body corporate may by law do or perform.9. Seal of Council
10. Functions of Council
The functions of the Council are to—11. Board of Council
12. Functions the Board
Subject to this Act, the functions of the Board are to—13. Delegation of functions of Board
The Board may, subject to this Act, by direction, in writing, and subject to any terms and conditions that it considers necessary, delegate to the Executive Director any of its functions under this Act.14. Executive Director and other staff
Part IV – Mental health services
15. Access to mental health services
Part V – Rights and responsibilities of mental patients
16. Right of mental patient
A mental patient has the right to—17. Responsibilities of mental patient
Subject to the other provisions of this Act, a mental patient shall—18. Privacy, dignity and confidentiality
Part VI – Standards of care and treatment
19. Standards of care and treatment
20. Notice of health care standards and rights
21. Minimum standards for mental health facilities
A mental health facility shall meet the following minimum standards for the provision of the mental health services:Part VII – Consent
22. Consent to admission, treatment, care, rehabilitation and palliation services and admission to health facility
23. Proxy consent to treatment
24. Advance decision
Part VIII – Admission, treatment, care, support, rehabilitation or palliation
25. Admission, treatment, care, support, rehabilitation or palliation
26. Involuntary admission and treatment in emergency
A mental health practitioner shall conduct an involuntary admission in an emergency situation where it is not possible or reasonable to comply with a procedure for voluntary admission and treatment.Part IX – Special treatment
27. Special treatment
28. Clinical or experimental research and development of drugs
A clinical or experimental research and development of drugs to be administered as part of special treatment shall be conducted in accordance with the National Health Research Act, 2013.[Act No. 2 of 2013]Part X – Criminal procedures for forensic mental patients
29. Designation of health facility for forensic mental patients
The Minister shall, in consultation with the Minister responsible for correctional services, designate a health facility which may admit, treat, care, provide a rehabilitation and palliation service to a forensic mental patient.30. Admission of forensic mental patient to designated health facility
31. Referral of forensic mental patient between designated health facilities
32. Forensic mental patient who absconds
Where a forensic mental patient has absconded or is considered by the in-charge of a designated health facility to have absconded, the in-charge of that designated health facility shall immediately notify the police in writing.33. Periodic review of mental health status of forensic mental patient
Part XI – Mentally ill inmates and unconvicted inmates
34. Assessment of mental health status of inmate
35. Treatment, care rehabilitation and palliation of inmates with mental illness
Where a mental health practitioner conducting the assessment referred to in section 34, finds that the mental illness of the inmate is of a nature that the inmate concerned may appropriately be treated, cared for rehabilitated or palliated, in the correctional centre, the officer-in-charge of a correctional centre shall take the necessary steps to ensure that the required levels of treatment, care, support, rehabilitation and palliation services are provided to that inmate.36. Referral of mentally ill inmate or unconvicted inmate to designated health facility
37. Review of mental health status of mentally ill inmate
38. Discharge procedure of mentally ill inmate
Where the in-charge of a designated health facility has established that the mentally ill inmate has recovered from a mental illness such that the inmate no longer requires treatment, care, support, rehabilitation or palliation or that the required treatment, care, support, rehabilitation or palliation can be given in a correctional centre, the in-charge of a designated health facility shall prepare and submit a discharge report to the officer-in-charge of the correctional centre.Part XII – General provisions
39. Regulations
40. General penalty
A person who commits an offence under this Act for which a specific penalty is not provided is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.41. Repeal of Mental Disorders Act, No. 21 of 1949
The Mental Disorders Act, 1949, is repealed.42. Savings and transitional provisions
On the commencement of this Act—History of this document
11 April 2019 this version
Documents citing this one 2
Gazette 1
1. | Zambia Government Gazette dated 2021-09-24 number 7039 |