s.2Interpretation
2
Section 2Part 0 —

Interpretation

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

In this Act —
"assisted outpatient treatment" means outpatient treatment ordered by a responsible medical officer, or by a court on the recommendation of a responsible medical officer;
"Chief Medical Officer" means the Chief Medical Officer appointed under the Public Health Act (2021 Revision);
"civil partner" has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020];
"Commissioner" means the Commissioner of Police appointed under section 8 of the Police Act (2021 Revision);
"common law partner" means a man or woman who cohabits with another person of the opposite sex as if they were legally married;
"confinement", in relation to a patient, means the detention of the patient in a —
hospital;
prison; or
other place of safety;
"constable" means a police officer of the rank of constable of any grade and includes a recruit constable, auxiliary constable and community support officer;
"developmental disability" means a disability attributable to —
brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, intellectual disability; or
other neurological condition closely related to intellectual disability; or
requiring treatment similar to that required for individuals with intellectual disability,
which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual but does not include dementia.
"emergency detention order" means an order made by a medical officer under section 6(1B), under section 7(4) or under section 12(6A);
"guardian" means a person appointed as such by an order of the Grand Court made under section 14 of the Grand Court Act (2015 Revision);
"hospital" means a building or place where beds are available for the admission of persons requiring treatment for any sickness, injury or infirmity, who are given —
medical or surgical treatment; or
nursing care;
"medical doctor" means a medical doctor registered under Schedule 4 of the Health Practice Act (2021 Revision);
"medical officer" means —
a psychiatrist registered under Schedule 4 of the Health Practice Act (2021 Revision); or
clinical psychologist who is registered under Schedule 6 of the Health Practice Act (2021 Revision) and, in addition, has a doctoral qualification in that discipline from a country or institution referred to in regulation 6 of the Health Practice Regulations (2021 Revision),
and is employed by, or is allowed to use the medical facilities of, the Government, a statutory body or government company;
"Mental Health Commission" means such Mental Health Commission as may be established under any Law;
"mental impairment" means a state of arrested or incomplete development of mind, which may or may not be due to a trauma or injury and includes significant impairment of intelligence and social functioning and which may or may not manifest itself in abnormally aggressive or seriously irresponsible conduct;
"mental health professional" means a practitioner registered in a mental health category under the Health Practice Act (2021 Revision);
"Minister" means the Member of Cabinet charged with responsibility for health;
"nearest relative" means a person of at least eighteen years of age, whether or not living in the Islands, who is, in relation to the person concerned —
a spouse or a common law partner;
a son or daughter;
a parent or legal guardian;
a brother or sister;
a grandparent;
a grandchild;
an uncle or aunt;
a nephew or niece;
a social worker or probation officer employed in that capacity in government or a statutory body;
the attorney at law representing the person;
the mental health professional treating the person; or
a close friend;
"observation order" means an order made by a medical officer under section 8(1);
"order for protective custody" means an order made by a medical officer under section 6(1) or by a responsible medical officer under section 12(5);
"patient" means a person who is suffering from or is suspected to be suffering from a serious mental illness or mental impairment;
"place of safety" means a place declared under section 20 for purposes of receiving and caring for persons;
"protective custody" means an arrangement where a person is being safeguarded by, or under the care and protection of, law enforcement authorities;
"responsible medical officer" means the medical officer who is responsible for the observation, care, treatment of a patient;
"serious mental illness" means a substantial disorder of thought, mood, perception, orientation or memory which —
grossly impairs a person's —
judgment;
behaviour;
capacity to recognise reality; or
ability to meet the ordinary demands of life; or
poses a danger to the person concerned or others,
but does not include a sole diagnosis of alcoholism or drug abuse, that is, a diagnosis of alcoholism or drug abuse without any other ailment of a mental nature;
"spouse", in relation to a person, means —
the husband or wife of that person; or
the civil partner of that person;
"treatment order" means an order made by a responsible medical officer under section 9(1); and
"treatment" means —
care;
diagnostic and therapeutic services, including the administration of drugs; and
provision of medication;
periodic blood tests or urinalysis to determine compliance with prescribed medications;
individual or group therapy;
day or partial day programming activities;
vocational, educational or self- help training;
vocational, educational or self-help activities;
assertive community treatment team services;
alcohol or substance abuse alleviation and counseling;
periodic tests for the presence of alcohol or illegal drugs;
supervision of living arrangements; and
any other services within a local or unified services plan developed under this Act.
Wherever in this Act mention is made of a medical review or direction, or both, in relation to an assisted outpatient treatment order, the medical review or direction, or both, shall be provided under the supervision of a medical officer responsible for the patient concerned.

Defined Terms

assisted outpatient treatmentChief Medical Officercivil partnerCommissionercommon law partnerconfinementconstabledevelopmental disabilityemergency detention orderguardianhospitalmedical doctormedical officerMental Health Commissionmental impairmentmental health professionalMinisternearest relativeobservation orderorder for protective custodypatientplace of safetyprotective custodyresponsible medical officerserious mental illnessspousetreatment ordertreatment

Cross References