The Mental Health Law of the People’s Republic of China was adopted at the 29th meeting of the Standing Committee of the 11th National People’s Congress on October 26, 2012. The law will be officially implemented on May 1, 2013. So what does the mental health law say?
There are nine main points as follows.
1, the legislative purpose of the mental health law is to promote the development of mental health, regulate mental health services, and safeguard the legitimate rights and interests of patients with mental disorders.
2, mental health is related to the well-being of every person, every family. Employers, schools, communities and families should pay attention to mental health issues and work together to maintain and promote mental health.
3, psychological counseling can be carried out in places such as employing units, schools, hospitals and prisons, as well as in the community or welfare and charity institutions. Psychological treatment should be carried out in medical institutions. General hospitals should open psychiatric outpatient clinics or psychotherapy clinics for patients.
4.There are strict legal procedures for the diagnosis, treatment, hospitalization and discharge of mental disorders.
5. The state implements a reporting system for the onset of serious mental disorders. Patients with severe mental disorders can obtain basic public health services free of charge according to the law. Poor patients with severe mental disorders are funded by the government to participate in basic medical insurance and can receive priority medical assistance; those who meet the conditions can receive minimum living security.
6, governments at all levels should incorporate mental health work into local national economic and social development planning, increase financial investment, strengthen mental health work at the grassroots, poor and remote areas, and ensure the funding, facilities and equipment and personnel needed for mental health.
7, continuous treatment and rehabilitation is an important measure for patients with severe mental disorders to return to society. Mental health law provides for the establishment of community rehabilitation institutions that provide rehabilitation services to people with mental disorders.
8.Patients with mental disorders are protected by law in terms of human dignity, personal and property safety, education, participation in labor and other legitimate rights and interests. The patient’s personal privacy and disease information shall be kept confidential. News reports and works of literature and art shall not contain content that discriminates against or insults patients with mental disorders.
9, infringement of the legitimate rights and interests of patients with mental disorders, will be investigated for legal responsibility.
The above is the main content of the mental health law. In these contents, some important concepts need to be explained in order for everyone to understand.
A. What are the legal procedures for diagnosis, treatment, hospitalization and discharge of mental disorders?
1. The diagnosis of mental disorder shall be based on mental health status and shall be made by a psychiatric practitioner in accordance with the classification and diagnostic criteria for mental disorders. (Provisions on diagnosis)
2.In addition to individuals who go to medical institutions for diagnosis of mental disorders, close relatives of patients with suspected mental disorders can send them to medical institutions for diagnosis of mental disorders. If a person with suspected mental disorder harms himself or endangers the safety of others, or is in danger of harming himself or endangering the safety of others, his next of kin, his unit, or the local public security authorities shall immediately take measures to stop it and send him to a medical institution for diagnosis of mental disorder. (Provisions on sending to a medical institution)
3, medical institutions and their medical personnel shall follow the treatment norms for mental disorders to develop a treatment plan for patients, and inform patients with mental disorders or their guardians of the treatment plan and treatment methods, purposes, and possible consequences. (Provisions on treatment)
4. Inpatient treatment for mental disorders is based on the principle of voluntariness. However, if the diagnosis of severe mental disorder is made and the behavior of harming oneself or endangering the safety of others has occurred, or there is a danger of harming oneself or endangering the safety of others, inpatient treatment should be implemented. (Provisions on hospitalization)
5, has occurred to endanger the safety of others, or the danger of endangering the safety of others, patients with severe mental disorders or their guardians disagree with the diagnosis of the need for inpatient treatment, do not agree to the implementation of inpatient treatment of patients, you can request re-diagnosis and identification. (Provisions on hospitalization)
6. Patients with mental disorders who are voluntarily hospitalized can request to be discharged at any time. For patients with severe mental disorders who have already committed acts of harm to themselves, or are in danger of harming themselves to implement inpatient treatment, the guardian can request the patient to be discharged at any time. For patients with severe mental disorders who have committed acts that endanger the safety of others, or are in danger of endangering the safety of others to implement inpatient treatment, the medical institution that the patient can be discharged, shall immediately inform the patient and his guardian. (Provisions on hospital discharge)
Second, what is a serious mental disorder?
1, Article 83 of the Mental Health Law provides that: the severe mental disorder referred to in this law, refers to the severity of disease symptoms, resulting in serious impairment of the patient’s social adaptation and other functions, the state of their own health or objective reality can not be a complete understanding, or can not handle their own affairs of mental disorders. Severe mental disorder is a legal concept, not a medical diagnosis name.
2. Severe mental disorders are divided into two categories.
The first category includes: schizophrenia, schizoaffective disorder, delusional disorder (paranoid psychosis), bipolar disorder, epileptic psychosis, mental retardation and other six types, also collectively referred to as severe mental illness.
The second category is other mental disorders that meet both of the following two conditions.
(1) Behavioral disorders such as refusal to eat, freezing, and reversal of intent that have clear psychotic symptoms or cause significant impairment of physical health or endanger life.
(2) Severe impairment of social function, or inability to take care of oneself due to illness; or refusal of treatment due to loss of the ability to recognize one’s mental disorder.
C. What are the basic public health services provided by the state to patients with severe mental disorders?
The basic public health services provided by the state to patients with severe mental disorders include the establishment of resident health records, comprehensive assessment and regular follow-up visits at least four times a year, necessary medication dose adjustment and symptomatic treatment, rehabilitation guidance such as health education and life skills training, psychological support, and annual health checkups.
What are the community rehabilitation institutions that provide rehabilitation services to people with mental disorders?
Community rehabilitation institutions that provide rehabilitation services to people with mental disorders include various vocational rehabilitation training centers, industrial (agricultural) therapy stations, day care rehabilitation stations, various long-term care institutions, halfway houses and other institutions that provide rehabilitation services for mental disorders in the community. The responsibilities of community rehabilitation institutions in the rehabilitation of mental disorders are twofold: first, to provide places and conditions for patients with mental disorders in need of rehabilitation, and second, to provide rehabilitation training for patients in terms of their ability to take care of themselves and their ability to adapt to society.
V. What are the legitimate rights and interests of patients with mental disorders?
Patients with mental disorders, like other citizens, enjoy personal and property rights, as well as the legitimate rights and interests in education, labor, medical care, and material assistance from the state and society. The patient’s right to informed consent, privacy, communication and the right to meet visitors during hospitalization are protected by law. If a patient’s lawful rights and interests are infringed, the patient, his guardian or close relatives may file a lawsuit according to the law.