(1) For the purposes of this Act, Government shall establish, by notification in the official Gazette, an Authority to be known as the Khyber Pakhtunkhwa Mental Health Authority.
(2) The Authority shall consist of:
(a) Secretary to Government, Health Department; Chairperson
(b) Director General, Health Services, Government of Khyber Pakhtunkhwa; Member-cum-Secretary
(c) a representative of Home and Tribal Affairs Department, not below the rank of an Additional Secretary; Member
(d) a representative of Law, Parliamentary Affairs and Human Rights Department, not below the rank of an Additional Secretary; Member
(e) a representative of Social Welfare and Women Empowerment Department, not below the rank of an Additional Secretary; Member
(f) three eminent psychiatrists of at least ten years good standing, including two from Government sector and one from private sector to be nominated by Government; Members
(g) three representatives from civil society to be nominated by Government. Members
(3) Members at clauses (f) and (g) shall be appointed on such terms and conditions as may be determined by Government for a period of two years with a renewable period of other two years.
(4) Members at clauses (f) and (g) may, in writing, resign from his office, addressed to Government.
(5) Members at clauses (f) and (g) may be removed from his office by Government, for reasons of misconduct, or if he is unable to perform functions of his office, on account of mental or physical incapacity or for any other reason.
(6) The Authority shall carry out the following functions:
(a) advise the Government on all matters relating to promotion of mental health and prevention of mental disorder in the Province;
(b) develop and establish new Provincial standards for care and treatment of patients;
(c) recommend measures to improve existing mental health services and setting up of child and adolescence, substance abuse or drug dependence, psychogeriatric, forensic, learning disability and community based services;
(d) prescribe procedures with respect to setting up and functioning of the mental health services and facilities in the Province;
(e) prescribe a code of practice to be implemented for achieving the purposes and objects of this Act as well as to be followed by all the mental health personnel involved with the care of patients under this Act;
(f) to ensure that the provisions of this Act for assessment and treatment are being properly carried out, whether or not requested by any individual, patient or his relative, as the case may be;
(g) prescribe for care, aftercare or rehabilitation, under supervision or otherwise;
(h) provide for and regulate the setting up of help lines and crisis centres for the general public with regard to mental health;
(i) provide for, organize and regulate public awareness programs and promote research, publish journals, bulletins, magazines and other educational material on mental health issues;
(j) arrange and organize such courses and training programs as may be necessary for carrying out the purposes and objects of this Act;
(k) approve Psychiatrists for the purposes of this Act, in such manner as may be prescribed; and
(l) discharge such other functions with respect to matters relating to mental health as Government may require.

(1) Government may, in any part of the Province, establish or maintain psychiatric facilities for the assessment, admission, treatment, rehabilitation, care and after care of the patients at such places, as it deems fit.
(2) The psychiatric facilities established under sub-section (1), may organize or maintain separate units (for both male and female genders) for,—
(a) persons who are above the age of eighteen years;
(b) child and adolescence psychiatric units;
(c) psychogeriatric units for the elderly; and
(d) persons who have been convicted of any offence and are mentally disordered for whom special security measures shall be required.
(3) Where drug dependence units need to be established, they shall be set up separately for both genders, male and female, which may be within the psychiatric facility for people who are not patients, but have drug dependence or with drug induced behavioral changes.

Community based mental health services shall be set up for providing mentally disordered persons and their families and others involved in their care with guidance, education, rehabilitation, after care and preventive measures and other support services on an informal basis.
Explanation. — For the purposes of this section, community shall include, family, home, workplace, educational institutions and other places where care and after care can be provided on an informal or voluntary basis.

When an arrangement has been made with any foreign state with respect to the placement of a patient, the Government in consultation with the Federal Government, shall refer the matter to the Authority for getting a notification issued in this behalf and the agent of the foreign state may make an application thereafter to the Government.