Mental Health Law of The People’s Republic of China

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People's Republic of China Mental Health Law

Contents

Chapter I: General Provisions

Chapter II: Promoting psychological well-being and the prevention of mental disorders

Chapter III: Diagnosis and treatment of mental disorders

Chapter IV: Rehabilitation from Mental Disorders

Chapter V: Safeguard Measures

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This law is formulated to develop mental hygiene undertakings, regulate mental hygiene services and protect the lawful rights and interests of those with mental disorders.

Article 2: This law applies to activities within the territory of the People’s Republic of China developed to maintain and enhance citizens’ mental health, to prevent and treat mental disorders and to advance rehabilitation activities for those with mental disorders.

Article 3: Mental hygiene work puts into practice the directive of putting prevention first and adheres to the principal of integrating prevention, treatment and rehabilitation.

Article 4: The security of persons with mental disorders’ personal dignity, physical person and property are not to be infringed.

The law protects the lawful rights and interests of persons with mental disorders in areas such as education, labor, medical treatment and receipt of material assistance from the nation and society.

Relevant units and individuals shall maintain the secrecy of information from which the identities of persons with mental disorders might be deduced, such as their names, images, addresses, workplaces and medical history materials; except when lawful performance of professional duties requires it be released.

Article 5: The entire society shall respect, understand and show compassion for persons with mental disorders.

Organizations and individuals must not discriminate, demean or mistreat persons with mental disorders, and must not illegally limit the personal freedom [physical freedom] of persons with mental disorders.

News reports and literary or artistic works etc. must not include content that discriminates against or demeans persons with mental disorders.

Article 6: Mental hygiene work implements the comprehensive management mechanism of government organization’s leading, each department having responsibility for its own duties, households and workplaces striving to fulfill their duties and the joint participation of entire society.

Article 7: People's governments at the county level and above lead mental hygiene work; put it in the national economic and social development plan; establish and perfect mental disorder prevention, treatment and rehabilitation services systems; fully establish mental hygiene work coordination mechanisms and systems of responsibility and evaluate and supervise the mental hygiene work undertaken by relevant departments.

Village or town governments and sub-district offices, in accordance with their actual local conditions, organize the performance of work such as preventing occurrences of mental disorders and promoting rehabilitation of those with mental disorders

Article 8: The State Council administrative departments of health manage mental hygiene work for the entire nation. Administrative departments of health under people’s governments at the county level and above manage mental hygiene work in their areas.

Judicial administration, civil administration, public security, education, human resources and social security and other departments under people’s governments at the county level and above are responsible for relevant mental hygiene work within the scope of their particular professional responsibilities.

Article 9: Guardians of persons with mental disorders shall perform their guardianship duties and protect the lawful rights of interests of persons with mental disorders.

Domestic violence against persons with mental disorders or the abandonment of persons with mental disorders is prohibited.

Article 10: The China Federation of Disabled Persons and its local organizations mobilize social forces to carry out mental hygiene work, as provided by laws and regulations or as entrusted by the government.

Villagers’ committees and residents’ committees carry out mental hygiene work and provide assistance to the local government’s mental hygiene work as provided by laws and regulations.

The nation encourages and supports unions, communist youth groups, the women’s federations, the Red Cross, scientific and technical associations and other groups to carry out mental hygiene work in accordance with law.

Article 11: The nation encourages and supports the furtherance of training of professional personnel for mental hygiene work, preservation of the lawful rights and interests of mental hygiene workers and strengthening of the professional mental health establishment.

The nation encourages and supports the furtherance of research into scientific mental hygiene techniques; the development of modern medicine, Chinese traditional medicine and psychology; and improving the level of science and technology for preventing, diagnosing, treating and rehabilitating mental disorders.

The nation encourages and supports the furtherance of international exchange and cooperation in the field of mental hygiene.

Article 12: All levels of people’s government and relevant departments under people’s governments at the county level and above shall adopt measures to encourage and support organizations and individuals providing volunteer services to persons with mental disorders, contribute to mental health affairs and establish public interest mental hygiene facilities.

Organizations and individuals making outstanding contributions in mental hygiene work will be given commendations and awards in accordance with relevant national regulations.

Chapter II: Promoting psychological well-being and the prevention of mental disorders

Article 13: All levels of people’s government and relevant departments under people’s governments at the county level and above shall adopt measures to strengthen work for the promotion of mental hygiene and prevention of mental disorders, and increase citizens’ mental health levels.

Article 14: Emergency response plans formulated at all levels of people’s government and relevant departments under people’s government at the county level and above shall include content on psychological assistance. When emergencies occur, people’s governments performing centralized leadership or organizing emergency response shall, in accordance with the specific conditions of the emergency, follow the provisions in the response plan to organize psychological assistance work.

Article 15: Workplaces shall create an environment beneficial to the physical and mental health of employees and keep a watch on employees’ mental health; focused mental health education shall be developed for employees at certain periods of career development or employees working in special positions.

Article 16: All levels and types of schools shall implement mental hygiene knowledge education for students; hire or provide mental health teachers and guidance staff, and may establish a mental health office to carry out mental health education for students. Preschool organizations shall carry out mental health education appropriate for young children’s special characteristics.

If a natural disaster, unexpected injury, public security incident or other event that might affect students’ mental health occurs, schools shall immediately organize professional staff to carry out psychological assistance for the students.

Teachers shall study and understand relevant mental hygiene knowledge, keep watch on students’ mental health situation, and properly guide and encourage students. All levels of people’s governments ’administrative departments of education and schools shall emphasize teachers’ mental health.

Schools and teachers shall discuss students’ mental health situation with parents or other guardians and close relatives.

Article 17: Medical personnel further disease diagnosis and treatment services and shall follow requirements of diagnostic standards and treatment norms to provide mental health counseling to patients; when it is discovered that a patient may have a mental disorder, they shall suggest he go to a medical establishment in keeping with this law for assistance.

Article 18: Facilities such as prisons, detention centers, jails and compulsory in-patient drug treatment facilities shall develop mental hygiene knowledge propaganda for prisoners, persons lawfully detained, arrested or undergoing compulsory drug treatment; shall keep a watch on their mental health state and when necessary provide psychological consulting and counseling.

Article 19: Human resources and social security, education, health, judicial administration, public security and other departments under local people’s governments at the county level or above shall, within the scope of their individual professional responsibility, oversee and guide work units carrying out their mental disorder prevention obligations as per article 15-18 of this law.

Article 20: Villagers’ committees and residents’ committees shall assist the people’s government in their area and its relevant departments in developing community mental health guidance and mental hygiene knowledge propaganda and education activities to create a community atmosphere beneficial to residents’ physical and mental health.

Village and town health clinics or health service organizations shall provide technical guidance to villagers’ committees and residents’ committees in developing community mental health guidance and mental hygiene knowledge propaganda educational activities.

Article 21: Household members should care for one another, create a good and amiable home environment and raise awareness of mental disorder prevention; if it is discovered that a household member may have a mental disorder, [others] shall help them to immediately see a doctor, look after their life and take care of them.

Article 22: The nation encourages and supports news media and social organizations developing mental hygiene public interest propaganda, spreading mental hygiene knowledge and leading the public to pay close attention to mental health and the prevention of mental disorders.

Article 23: Psychological consultants shall raise the caliber of the profession and abide by practice norms to provide society with professionalized psychological consulting services.

Psychological consultants must not engage in psychotherapy or the diagnosis and treatment of mental disorders.

Psychological consultants discovering that a person receiving consultation might have a mental disorder shall suggest that he seek treatment at a medical establishment that meets the requirements of this law.

Psychological consultants shall respect the clients’ privacy and protect their secrets.

Article 24: The State Council Administrative department of Health establishes a mental hygiene monitoring network, brings about a system of reporting serious mental illness onsets, organizes monitoring of issues such as mental disorder occurrence conditions, development trends and special subject reporting. The methods of mental hygiene monitoring and severe mental illness onset report management are formulated by the State Council Administrative Department of Health.

The State Council Administrative Department of Health shall, jointly with relevant departments and organizations, establish mechanisms for sharing mental hygiene work information, and putting into practice information integration and mutual exchange.

Chapter III: Diagnosis and treatment of mental disorders

Article 25: In launching activities for the diagnosis and treatment of mental disorders, the following requirements shall be met and relevant formalities shall be completed in accordance with regulations on the management of medical establishments:

(1) Have certified psychiatric physicians and nurses appropriate for undertaking diagnosis and treatment of mental disorders;

(2) Have facilities and equipment sufficient to meet the requirements of diagnosing and treating mental disorders;

(3)Have enhanced diagnosis and treatment management systems and quality oversight systems.

Article 26: Article 26: The diagnosis and treatment of mental disorders shall respect and preserve the lawful rights and interests of patients, respect the principle of patients’ dignity, and ensure patients receive good mental hygiene services subject to current availability.

The State Council administrative departments of health will organize the formulation of mental disorder classifications, diagnostic standards and treatment norms .

Article 27: The diagnosis of mental disorders should be based on mental health states.

Except where the law provides otherwise, an individual may not be medically evaluated to determine whether they have a mental disorder against his will.

Article 28: In addition to an individual voluntarily going to a medical establishment to have a mental disorder diagnosed, close family members may deliver a person suspected of having a mental disorder to a medical establishment for a mental disorder diagnosis. For vagrants whose family cannot be located and who are suspected of having a mental disorder, the local civil administration and other relevant departments will, according to their division of labor, help to deliver them to a medical establishment for mental disorder diagnoses.

Where a person suspected of having a mental disorder acts to hurt himself or endanger the safety of others, or there is a risk that he will hurt himself or endanger the safety of others, his close relatives, workplace or local public security organs shall immediately adopt measures to stop him, and deliver him to a medical establishment for mental disorder diagnosis.

Medical establishments receiving a person suspected of having a mental disorder may not refuse to perform a diagnosis of him.

Article 29: Diagnosis of mental disorders shall be made by certified psychiatric physicians.

Medical establishments receiving persons suspected of having a mental disorder as per Article 28, paragraph 2 of this law, shall keep him on site and immediately assign a certified physician in psychiatric practice to perform a diagnosis and put forth a conclusion without delay.

Article 30: In-patient therapy for mental disorders follows a voluntariness principle.

When the diagnostic conclusion and symptoms assessment shows that the patient has a severe mental disorder and one of the following conditions also applies, he shall be given in-patient therapy:

(1) He has already exhibited self-harming conduct or there is a danger of self-injury;

(2) He has already exhibited conduct that endangers the safety of others or there is danger that he will endanger the safety of others.

Article 31: Where a person with a mental disorder exhibits the circumstances described in Article 30, paragraph 2(1) of this law, with the consent of his guardian, the treatment facility shall implement in-patient therapy; when the guardian does not agree, the treatment facility may not implement in-patient therapy. Guardians shall look after and manage persons with mental disabilities living in their homes.

Article 32: Where a person with a mental disorder exhibits the circumstances described in Article 30, paragraph2(2) of this law, if the patient or his guardian disagree with the diagnosis that he needs in-patient therapy, or don’t agree to give the patient in-patient therapy, they may request a second diagnosis and evaluation.

Those requesting a second diagnosis in accordance with the previous paragraph shall, within 3 days of receiving the diagnostic conclusion, make a request to the original medical establishment or another medical establishment with lawful credentials. The medical establishment undertaking the second diagnosis shall, after receiving the request, assign two certified physicians in psychiatric practice, but not including the physician who performed the initial diagnosis, to perform the second diagnosis and issue a second diagnostic conclusion. The certified physicians performing the second diagnosis should go to the medical establishment treating the patient to meet in person and interview the patient, and the medical establishment shall facilitate.

Those objecting to the second diagnostic conclusion may act on their own to commission a lawfully credentialed evaluation organization to perform a medical evaluation for mental disorders; medical establishments shall publicly make known a list of certified evaluation organizations and their contact information. Evaluation organizations accepting a commission shall appoint two or more of its evaluaters who have the relevant professional certification to perform the evaluation together and put forth an evaluation report without delay.

Article 33: Evaluators shall go to the treating medical establishment to meet and interview the patient in person, and that medical establishment shall facilitate. If evaluators or their close relatives have an interest in the evaluation that might influence the neutrality, objectivity or fairness of their evaluation, they shall recuse themselves.

Article 34: Evaluation organizations and evaluators should respect the relevant laws, regulations and regulatory provisions, respect science, abide by professional ethics, follow procedures, techniques and operational norms for evaluation of mental disorders, and, in accordance with law, independently perform the evaluation and put forward a fair and objective evaluation report.

Evaluators shall make a record of the evaluation process and sign their name to it. The contents of the record should be true, objective, accurate and complete; a written or audio copy shall be properly preserved.

Article 35: Where the second diagnostic conclusion or evaluation report show that it cannot be confirmed that the patient has a severe mental disorder or requires in-patient therapy, the medical establishment may not perform in-patient therapy on him.

Where the second diagnostic conclusion or evaluation report shows that a person with a mental disorder exhibits a circumstance as in Article 30 paragraph 2(2) of this law, his guardian shall agree to treat the patient with in-patient therapy. Where the guardian obstructs the in-patient therapy or the patient leaves the therapy without authorization, the public security organs may assist the treatment facility in adopting measures to carry out in-patient therapy.

Before the relevant organizations release a second diagnostic conclusion or evaluation report, the medical establishment that has received the person with a mental disorder shall perform therapy on him in accordance with treatment norms.

Article 36: Where a person with a mental disorder who has been shown by a diagnostic conclusion to require in-patient treatment is unable to complete the formalities for in-patient treatment himself, his guardian will complete the formalities; where the patient is a vagrant whose family cannot be located, the formalities may be completed by the relevant department sending him for diagnosis.

Where a person with a mental disorder exhibits the circumstance described in Article 30, paragraph 2(2) of this law, and his guardian does not complete the in-patient treatment formalities, the patient’s workplace, villagers’ committee or residents’ committee will complete the formalities and the medical establishment will make a record in the patient’s medical history.

Article 37: Treatment facilities and their medical staff shall inform the patient or his guardian of the rights he has during the course of diagnosis and treatment.

Article 38: Treatment facilities shall allot appropriate facilities and equipment to protect the physical safety of those seeking treatment and in-patient therapy patients, prevent them from being harmed, and create as normal as possible a living environment and lifestyle for in-patient therapy patients.

Article 39:Treatment facilities and their medical staff shall abide by diagnostic standards and treatment norms for mental disorders, formulate treatment plans and inform patient or their guardians of the treatment plan’s and method’s goals and possible consequences.

Article 40:Where persons with mental disorders inside a treatment facility exhibit or are going to exhibit conduct that harms themselves, endangers the safety of others or disrupts treatment, the medical establishment and its medical staff may, when there are no other alternative measures available, restrain them, isolate them or use other protective treatment measures. Imposition of protective treatment measures shall be in accordance with diagnostic standards and treatment norms and the patients’ guardian shall be informed after the measures are taken.

Treatment facilities must not compel persons with mental disorders to engage in labor to produce goods.

Article 41: Medication of persons with mental disorder shall be for the purposes of diagnosis and treatment and use safe, effective medicines; medication must not be used for purposes other than diagnosis and treatment.

Treatment facilities must not compel persons with mental disorders to engage in labor to produce goods.

Article 42: The use of surgery for the purpose of treating mental disorders for persons undergoing in-patient therapy in accordance with Article 30, paragraph 2 of this law is prohibited.

Article 43:Medical establishments performing the following therapies on persons with mental disorders shall inform the patient or his guardian of the treatment risks, alternative treatment plans and other circumstances, and shall also obtain the patient’s written consent; if it is not possible to obtain the patient’s opinions, they shall obtain his guardian’s written consent and have the facility’s ethics committee approve it:

(1) surgery that causes an internal organ to lose function

(2) Experimental clinical care for treatment of mental disorders

In performing the treatment in (1) of the above clause, if because of urgency it is not possible to locate the guardian, the approval of the medical treatment facility’s responsible person and ethics committee shall be obtained.

Experimental clinical therapy that is not related to treating mental disorders on persons with mental disorders is prohibited.

Article 44:Persons with mental disorders undergoing voluntary in-patient therapy may request to leave the facility at any time and the medical establishment shall consent.

For persons with mental disorders undergoing in-patient therapy under Article 30, paragraph 2(1) of this law, their guardian may request that the patient leave the facility at any time and the medical establishment shall agree.

If a medical establishment feels that a person with a mental disorder described in the preceding two paragraphs is not suitable for release, it shall state its reasons; if the patient or his guardian still request release, a certified physician shall make a detailed record of the notification process in the medical history materials and also raise post-release medical suggestions; the patient or guardian shall sign their name in confirmation.

For persons undergoing in-patient therapy under Article 30, paragraph 2(2) of this law, if the medical establishment feels the patient may leave the facility, it shall immediately inform the patient and his guardian.

A medical establishment shall, on the basis of the person with a mental disorder’s condition, promptly organize a certified physician in psychiatric practice to make an examination and assessment of patients in in-patient therapy under Article 30, paragraph 2 of this law. If the assessment results show that the patient does not need to continue in-patient therapy, the medical facility shall immediately notify the patient and his guardian.

Article 45:If a person with a mental disorder leaving the facility is unable to complete release formalities himself, his guardian shall complete them for him.

Article 46:Medical establishments and their medical staff shall respect resident patients with mental disorders’ rights such as to communication and meeting visitors. Except for temporary restrictive measures necessary due to acute onset of symptoms or to avoid obstructing treatment, patients’ rights such as to communication and meeting visitors must not be limited.

Article 47:Medical establishments and their medical staff shall accurately record information such as persons’ with mental disorders’ symptoms, treatment methods, medication use, and use of restraints or isolation in the medical history materials and accurately inform patients or their guardian. Patient and their guardians may read and copy the medical history materials, unless the patients’ reading or copying the medical history materials would have a negative impact on their therapy. Medical history materials are to be preserved for not less than 30 years.

Article 48:Medical establishments may not, because a person has a mental disorder, shirk or refuse to provide him treatment for other illness falling within the scope of their normal medical service.

Article 49: Guardians of persons with mental disorders not in in-patient treatment should properly look after them, ensure that they follow the medical prescription to take medicine on time and attend follow-up visits or therapy. Villagers’ committees, residents’ committees and the patients’ workplace etc., shall comply with the patients’ or their guardian’s requests to provide necessary help to a patient.

Article 50:Administrative departments of health under people’s governments at the county level and above shall periodically review medical establishments in their administrative region that perform mental disorder diagnosis and treatment, on the following topics:

(A) Whether relevant personnel, facility and equipment meet this law’s requirements;

(B) Whether diagnostic and therapeutic activities accord with provisions of this law, diagnostic standards and treatment norms;

(C) Whether procedures for implementing in-patient treatment are in accord with the provisions of this law;

(D) Whether the lawful rights of persons with mental disorders are being protected in accordance with law.

Administrative departments of health under local people’s governments at the county level or above implementing the review mentioned above shall hear the comments of persons with mental disorders and their guardians; if conduct in violation of this law is discovered, they shall immediately put a stop to it , order corrections, and handle the situation according to law.

Article 51:Psychological therapy activities shall be developed within treatment facilities. Personnel specializing in psychological therapy may not engage in diagnosis of mental disorders, must not provide prescriptions to those with mental disorders or provide surgical treatment. The regulation of psychological therapy techniques will be formulated by the State Council administrative departments of health.

Article 52:Facilities such as prisons and compulsory drug treatment centers shall adopt methods to guarantee prisoners or those receiving compulsory drug treatment, etc., who have mental disorders, receive therapy.

Article 53:Persons who have a mental disorder who violate the public security administration punishment law or violate the criminal law will be dealt with according to the provisions of the relevant laws.

Chapter IV: Rehabilitation from Mental Disorders

Article 54:Community rehabilitation organizations shall provide a venue and facilities for persons with mental disorders needing rehabilitation, and operate rehabilitation trainings for them in areas such as self-assisted living skills and social adjustment skills.

Article 55:Treatment facilities shall provide persons with severe mental disorders, who are living at home, with essential psychiatric drugs to continue therapy, and provide community rehabilitation organizations with guidance and support related to rehabilitation from mental disorders.

Community health service organizations, village and town health institutions and village health clinics shall establish a rehabilitation plan for persons with severe mental disorders, carry out periodic follow-up visits with persons who have severe mental disorders, guide them in taking medicine and furthering rehabilitative training and train their guardians in mental hygiene knowledge and caretaking. Administrative departments of health under people’s governments at the county level and above shall provide guidance and training to community health service organizations, village and town health institutions and village health clinics.

Article 56:Villagers’ committees and residents’ committees shall provide assistance to households of persons with mental disorders that are having difficulty, and make their situation and requests known to the local village or town people’s government, sub-district office or relevant departments under people’s governments at the county level and above, to help them resolve their actual hardships and create conditions for their integration to society.

Article 57:Organizations for handicapped persons or handicap rehabilitation institutions shall, on the basis of people with mental disorders’ rehabilitation needs, organize their participation in rehabilitation activities.

Article 58:Workplaces shall, on the basis of persons with mental disorders’ actual circumstances, arrange for them to undertake work within their ability, guarantee they receive equal benefits [treatment], arrange for them to attend necessary professional skills trainings, increase their professional abilities, create a suitable work environment for them and provide encouragement for work achievements.

Article 59:The guardians of persons with mental disorders shall assist them in carrying out rehabilitation trainings such as for self-assisted living skills and social adjustment skills.

If the guardians of persons with mental disorders require technical guidance in the course of caregiving, community health services organizations, village or township health institutions, village health centers or community rehabilitation organizations shall provide it.

Chapter V: Safeguard Measures

Article 60:Administrative departments of health under people’s governments at the county level and above, together with relevant departments, and in accordance with the requirements of the national economic and social development plan, will formulate a mental hygiene work plan and organize its implementation.

Mental hygiene monitoring and special topic surveys shall be the basis for formulating the mental hygiene work plan.

Article 61:People’s governments of provinces, autonomous regions and directly-governed municipalities, based on the actual conditions of their administrative district, do overall planning, consolidate resources, establish and perfect a mental hygiene services system, and strengthen the capacity of mental disorder prevention, treatment and rehabilitation services.

County level people’s governments, based on the actual conditions of their administrative district, do overall planning and establish community rehabilitation organizations for persons with mental disorders.

Local people’s governments at the county level and above shall adopt measures to encourage and support social forces in forming medical establishments for the diagnosis and treatment of mental disorders and rehabilitation organizations for persons with mental disorders.

Article 62:All levels of people’s governments shall, according to the needs of mental hygiene work, increase the force of financial investment to ensure all necessary funding for mental hygiene work, and place mental hygiene work funding in the fiscal budget for the corresponding level.

Article 63:The nation strengthens the establishment of a base level mental hygiene services system, supports impoverished regions’ and remote areas’ mental hygiene work, ensures that urban communities’ and rural bases’ mental hygiene work has necessary funding.

Article 64:Medical colleges and universities shall strengthen psychiatric teaching and research, and in accordance with the actual needs of mental hygiene work, cultivate specialized psychiatric personnel to ensure talent is available for mental hygiene work.

Article 65: Comprehensive medical care establishments shall follow the State Council administrative departments of health to set up psychiatric clinics or psychotherapy clinics, increasing the capacity to prevent, diagnose and treat mental disorders.

Article 66:Medical establishments shall organize medical staff’s study of mental hygiene knowledge and related laws, regulations and policies.

Organizations engaging in the diagnosis, treatment or rehabilitation of mental disorders shall periodically organize medical staff and workers to carry out internal trainings and update mental hygiene knowledge.

Administrative departments of health under people’s governments at the county level and above shall organize medical staff to carry out mental hygiene training and raise their ability to recognize mental disorders.

Article 67:Teachers colleges and universities shall set up mental hygiene courses for students; medical colleges and universities shall set up mental hygiene courses for non-psychiatry majors.

Administrative departments of education under people’s governments at the county level and above’s trainings for teachers before they take a post and while at the post, shall have mental hygiene content and periodically organize mental health educators and counselors to carry out specialized training.

Article 68:Administrative departments of health under people’s governments at the county level and above shall organize medical establishments to provide basic public health services to those with severe mental disorders.

Treatment costs for persons with mental disorders follow the national regulations regarding social insurance and are covered by the basic medical benefits fund. Organizations handling medical insurance shall follow the relevant national regulations and include persons with mental disorders in the scope of the urban workers’ basic medical insurance, urban residents’ basic medical insurance or newly formed village cooperative medical insurance. County level people’s governments shall follow relevant national regulations and assist persons with severe mental disorders from families with economic difficulties to participate in the basic medical insurance. Departments such as human resources and social security, health, civil administration and finance shall strengthen coordination, simplify procedures, and have treatment costs covered by the basic medical benefits fund directly settled by medical establishments and insurance processing organizations.

Where persons with mental disorders still have difficulties after having the basic medical insurance pay treatment costs or who are unable to go through the basic medical insurance to pay treatment costs, the department of civil administration shall prioritize giving them assistance.

Article 69:For persons with severe mental disorders that qualify for the urban and rural minimum subsistence allowances, civil administration departments, together with other relevant departments, should immediately include them in the minimum subsistence allowance.

For persons with severe mental disorders who are within the targets of the rural “five guarantees;” and persons with severe mental disorders in cities who have no ability to work, no source of income and no person legally obligated to support, raise or provide for them, or the person legally obligated to support, raise or provide for them is not able to do so, the civil administration departments shall follow relevant national regulations to provide support and assistance.

If persons with severe mental illnesses who are not included in the previous two paragraphs have true hardship, the civil administration may adopt temporary assistance and other measures to help them resolve the hardships.

Article 70:Local people’s governments at the county level and above and relevant departments shall adopt effective measures to ensure that suitably aged children and youths with mental disorders receive compulsory education, aid persons with mental disorders who are able to work to engage in work according to their abilities and provide employment services to those who have already recovered.

The nation will provide tax benefits, in accordance with law, to workplaces that arrange to employ persons with mental disorders, and also provide assistance in areas such as production, operation, technology, capital, material goods, and locations.

Article 71:The dignity and personal safety of mental hygiene workers will not be infringed, and mental hygiene workers lawfully performing their professional duties are protected by law. The entire society shall respect mental hygiene workers.

People’s governments at the county level and above, as well as relevant departments, medical establishments and rehabilitation organizations shall adopt measures to strengthen employment protections for mental hygiene workers, raise the level of mental hygiene workers’ benefits and follow regulations to give appropriate bonuses. When mental hygiene workers are injured, handicapped or killed as a result of their work, compensation for their workplace injury or their family’s bereavement will follow relevant national regulations.

Chapter VI: Legal Responsibility

Article 72:Where administrative departments of health under people’s governments at the county level and above, and other relevant departments, have not yet carried out their mental hygiene work obligations under this law, or abuse their public power, neglect their obligations or break the law for personal gain, the relevant departments under the people’s government at the same level or the level above will order a correction, circulate a criticism, and give directly responsible management personnel, or other directly responsible persons, warnings, demerits or major demerits as disciplinary measures, and if there are serious consequences, demotion and dismissal or expulsion.

Article 73:Where medical establishments that do not meet requirements of this law engage in unauthorized diagnosis and treatment of mental disorders, administrative departments of health under the people’s governments at the county level or above will order them to stop the relevant treatment activities, give a warning and fine them between 5000 and 10,000 RMB, as well as confiscate illegal gains if there are any, and give or order that the directly responsible management personnel and other directly responsible personnel be given demotions, terminations or expulsions as disciplinary measures and revoke the professional credentials of medical staff.

Article 74: Where medical establishments and their staff have any of the following, administrative departments of health under the people’s governments at the county level or above shall order correction and give a warning, and, if the circumstances are serious, give or order that the directly responsible management personnel and other directly responsible personnel be given demotions, terminations or expulsion as a disciplinary sanction and may order involved medical staff to temporarily stop professional activities for 1-6 months:

(A) Refusal to make a diagnosis of a person delivered to them who is suspected of having a mental disorder;

(B) Failure to promptly evaluate and assess a patient receiving in-patient therapy under Article 30, paragraph 2 of this law or failure to handle the matter on the basis of the assessment conclusion.

Article 75:Where medical establishments and their staff have any of the following, administrative departments of health under the people’s governments at the county level or above shall order correction and give a warning, and give or order that the directly responsible management personnel and other directly responsible persons be given demotions, terminations or expulsion as a disciplinary sanction, and may order involved medical staff to temporarily stop professional activities for between 6 months to 1 year, and if the circumstances are serious, give them, or order them given, a disciplinary sanction of expulsion or revocation of their professional credentials.

(A) Violated the provisions of this law in using restraints, isolation or other ;

(B) Violated the provisions of this law to compel persons with mental disorders to labor;

(C) Violated the provisions of this law in performing surgery or using experimental clinical therapies on persons with mental disorders;

(D) Violated the provisions of this law to infringe on persons with mental disorders’ rights such as to communication and meeting visitors;

(E) Violated diagnostic standards for mental disorders and diagnosed someone who does not have a mental disorder as having one.

Article 76:In any of the following situations, the administrative departments of health and administrative departments of industry and commerce under the peoples’ governments at the county level or above, in accordance with their individual professional responsibilities, will order corrections, give warnings, fine between 5000 and 10,000 RMB, confiscate illegal gains if there are any; and if there are serious consequences, order a temporary 6 months to one year suspension of professional activities up to a revocation of professional certification or business license.

(A) Psychological counselors engage in psychotherapy or diagnosis and treatment of mental disorders;

(B) Personnel engaged in psychotherapy develop psychotherapy activities outside of a medical establishment

(C) Personnel specializing in psychotherapy engage in diagnosis of mental disorders;

(D) Personnel specializing in psychotherapy prescribe medication or perform surgery on persons with mental disorders.

If psychological counselors or persons specially engaging in psychotherapy cause another person to suffer physical, property or other losses , they are civilly liable in accordance with law.

Article 77:Relevant work units or individuals that violate the provisions of Article 4, paragraph 3 of this law and cause injury to persons with mental disorders have the responsibility to compensate them; disciplinary action shall also be taken against directly responsible workplace management personnel or other directly responsible personnel.

Article 78:Those violating the provisions of this law and having one of the following circumstances, causing persons with mental disorders or other citizens to suffer physical, property or other harm, bears responsibility for compensation in accordance with law:

(A) Intentionally delivering a person without a mental disorder to a medical establishment for treatment as a person with a mental disorder;

(B) The guardian of a person with a mental disorder abandons them or otherwise does not fulfill his guardianship obligations;

(C) Discriminating against, demeaning or mistreating a person with a mental disorder, infringing on their dignity or personal safety;

(D) Illegally limiting a person with a mental disorder’s personal freedom [physical];

(E) Other situations that infringe on the lawful rights and interests of persons with mental disorders

Article 79:Where the diagnostic conclusion put forth by a medical establishment shows that a person with a mental disorder shall be treated with in-patient therapy, but the guardian refuses, resulting in the patient causing physical or property harm to others, or the patient otherwise causes physical or property harm to others, his guardian shall bear civil liability in accordance with law.

Article 80:Those who in the course of the diagnosing, treatment, and evaluation of mental disorders, are belligerent, obstruct relevant personnel from performing their professional obligations under this law, or disrupt a medical establishment or evaluation organization’s work order, will be given public security administration punishments.

Those who violate this law’s provisions and engage in other conduct that violates the administration of public security will be given security administration punishments in accordance with law.

Article 81:Where violations of this Law constitute a crime, pursue criminal responsibility in accordance with law.

Article 82:Where persons with mental disorders or their guardians or close family members feel that an administrative organ, medical establishment or other relevant unit or individual have violated this law and infringed a person with a mental disorder’s lawful rights and interests, they may file suit in accordance with law.

Chapter VII: Supplementary Provisions

Article 83:Mental disorders, as referred to in this law, indicates a disturbance or abnormality in perception, emotion, cognition or other mental activity, brought on by any cause, which results in obvious mental suffering or a deficit in abilities such as social adjustment.

Severe mental disorders, as referred to in this law, indicates a mental disorder with severe symptoms that causes in the victim serious deficits in abilities like social adjustment, an incomplete understanding of his own well-being or of objective reality, or an inability to handle his own affairs.

A person with a mental disorder’s guardian, as referred to in this law, indicates a person who may assume guardianship under the relevant provisions of the General Principles of the Civil Law.

Article 84:The State Council and Central Military Committee will formulate administrative methods for the armed forces’ mental hygiene work.

Article 85:This law begins implementation on May 1, 2013.

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2 Comments

  1. Could I use the image of mental health words? If yes, how can I attribute to you? (link, or by name of creator?)

    • You are welcome to use it with a link back to us. We made it using the wonderful free service of Tagxedo.com where you can also make your own similar image.

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