Mental Health Law of China. SHEN Yifeng, MD, PhD

Mental Health Law of China SHEN Yifeng, MD, PhD ChinaARO-P SMHC 1

Disclosure I have no relevant financial relationship in relation to this conference programme 2

Outline Background & Overview Rights & Interests of persons with MDs Management of mental health work Guardians and IRB/EC s role 3

Background First mental health law of China Aim Adopted by NPC on Oct. 26, 2012 Implemented since May 1, 2013 to develop the field of mental health to standardize mental health services to guarantee the legal rights and interests of persons with mental disorders 4

Overview The law includes 7 chapters: Overview Promotion & Prevention Diagnosis & Treatment Rehabilitation Measures to Implement Responsibility Supplementary Provisions 5

Rights & Interests Article 4 the human dignity personal safety safety of the possessions education employment medical services government and non-government welfare 7

Rights & Interests Article 4: keep confidential name pictures address place of work medical information or other information expose the identity Except: when disclosure is necessary to perform legally sanctioned responsibilities 8

Rights & Interests Article 5: all individuals and organizations shall respect, accept, and show concern must not stigmatize, humiliate, abuse, or illegally restrict the personal freedom news reports, literary or artistic works, and other media must not include content that stigmatizes or humiliates persons with mental disorders 9

Besides: Rights & Interests No against their will to diagnose Inpatient treatment shall generally be voluntary Prohibits involuntary treatment, restrains, isolation, or other protective measures to punish Voluntary inpatient may discharge at any time Communicate with the outside and to see visitors Prohibits productive labor 10

Management System Article 6: comprehensive management government: organization and leadership each administrative department (AD): fulfilling its respective responsibilities families and employers: making every effort to carry out their responsibilities 12

Management System Article 8: State level: AD for health of State Council County level+: AD for health of local government Judicial affairs Civil affairs Public security Education Human resources Social security 13

Article 10: Management System Disabled Persons Federation: mobilize community to undertake mental health work Rural village committees & urban neighborhood committees: undertake and assist government the Trade Union, the Communist Youth League, the Women s Federation, the Red Cross, the Science and Technology Association, and other organizations: encouraged to undertake 14

Management System Besides: Employers (Article 15) Schools and teachers (Article 16) Health care providers (Article 17) Prisons, jails, detention centers, compulsory drug rehabilitation centers (Article 18) Family members (Article 21) News media and social organizations (Article 22) Psychological counselors (Article 23) Surveillance network (Article 24) 15

Guardians Article 9: To safeguard the legal rights and interests of persons with mental disorders Violence and abandonment are prohibited Article 83: Persons who may assume the role of guardian as specified in the relevant regulations of the General Principles of the Civil Law 17

EC s role Article 43: When carrying out the following treatment measures, shall inform patients or their guardians obtain written consent approval from the EC: (1) surgeries that result in loss of function of body organs (2) experimental clinical treatments of mental disorders 18

EC s role Article 43: When carrying out the treatment the first item in emergency situations, if the patient s guardians cannot be located approval shall be obtained from the responsible administrator and from the EC of the medical facility 19

shenyifeng@yahoo.com 20