Regulations of Beijing Municipality on Mental Health

 2018-05-30  50


Regulations of Beijing Municipality on Mental Health


· Document Number:Announcement No. 53 of the Standing Committee of the People's Congress of Beijing Municipality

· Area of Law: Health and Sanitation

· Level of Authority: Provincial Local Regulations

· Date issued:12-08-2006

· Effective Date:03-01-2007

· Status: Effective

· Issuing Authority: Beijing Municipal People's Congress (incl. Standing Committee)

 

Announcement of the Standing Committee of the People's Congress of Beijing Municipality
(No. 53)
The Regulations of Beijing Municipality on Mental Health, adopted at the 33rd Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on December 8, 2006, is hereby promulgated and shall come into effect on May 1, 2007.
Standing Committee of the 12th Municipal People's Congress of Beijing
December 8, 2006
Regulations of Beijing Municipality on Mental Health
(Adopted at the 33rd Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on December 8, 2006)
CONTENTS
CHAPTER I GENERAL PROVISIONS 
CHAPTER II MENTAL HEALTH PROMOTION AND MENTAL DISEASE PREVENTION 
CHAPTER III DIAGNOSIS AND TREATMENT OF MENTAL DISEASES 
CHAPTER IV REHABILITATION OF MENTAL DISEASES 
CHAPTER V SAFEGUARD OF RIGHTS AND INTERESTS OF PATIENTS OF MENTAL DISEASES 
CHAPTER VI LEGAL LIABILITY 
CHAPTER VII SUPPLEMENTARY PROVISIONS 
CHAPTER I GENERAL PROVISIONS
Article 1 These Regulations are formulated in accordance with the relevant laws and regulations, by taking into account the particular situations of this Municipality, for the purpose of strengthening the work on mental health, raising the mental health level of citizens, safeguarding the lawful rights and interests of patients of mental diseases and promoting social harmony and stability.
Article 2 These Regulations apply to the promotion of mental health and the prevention, diagnosis, treatment and rehabilitation of mental diseases and other mental health service as well as related administrative activities within the administrative area of this Municipality.
Article 3 The work on mental health of this Municipality shall follow the principle of territorial jurisdiction and stick to the guidelines of prevention first, combination of prevention with treatment, focused intervention, extensive coverage and administration by law, and a working mechanism featuring government leadership, department cooperation and social participation shall be established.
Article 4 The work on mental health is an important component part in the construction of the public health system of this Municipality and shall be incorporated into the plan for national economic and social development.
This Municipality shall, based on the level of economic and social development and the need of the work on mental health, set up a safeguard system for the funds for the work on mental health, improve the networks of mental health service and push forward the development of mental health undertakings.
Article 5 The municipal, district and county people's governments shall organize and direct in a unified manner the work on mental health within their respective administrative areas.
The municipal, district and county administrative departments for public health are the competent departments for the work on mental health, which shall be responsible for organizing the formulation and implementation of plans for the work on mental health and exercising supervision over and administration of the work on mental health.
The administrative departments for civil affairs, public security, finance, personnel, education, development and reform, judicial administration, industry and commerce, and labor and social security, sub-district offices, as well as town and township people's governments, shall bring success to related work on mental health within their respective functions and duties.
Trade unions, communist youth leagues, women's federations, disabled persons' federations, senior citizens' work committees and other social organizations, residents committees and villagers committees shall, according to the provisions of these Regulations, render assistance to bring success to the work on mental health.
Article 6 The lawful rights and interests of patients of mental diseases are protected by law.
It is prohibited to discriminate against and insult patients of mental diseases and their family members; it is also prohibited to maltreat or abandon patients of mental diseases.
Article 7 The lawful rights and interests of mental health professionals are protected by law.
The whole society shall respect and understand mental health professionals. No unit or individual shall interfere in the normal professional activities of mental health institutions and their professionals.
The people's governments at various levels of this Municipality and their departments concerned shall take measures to strengthen the occupational protection of mental health professionals.
Article 8 This Municipality encourages units and individuals to care for and help patients of mental diseases and their families and to support the development of the mental health undertakings in various forms including provision of financial support and voluntary service.
This Municipality shall commend or award the units and individuals that have made outstanding contributions in the work on mental health.
CHAPTER II MENTAL HEALTH PROMOTION AND MENTAL DISEASE PREVENTION
Article 9 This Municipality shall set up a mental disease prevention and control system with mental disease prevention and control institutions as the main body, medical institutions as the backbone, communities as the basis and families as the backing. The specific measures shall be otherwise formulated by the municipal administrative department for public health.
Article 10 This Municipality shall set up a mental disease information reporting system.
The municipal administrative department for public health shall set up a system for classified reporting and administration of mental disease information.
A medical institution shall, in accordance with the requirements laid down by the municipal administrative department for public health for contents, procedures, time limit and manner, report the information about patients diagnosed with mental diseases to the mental disease prevention and control institution in the district or county where it is located, which shall verify the information and report it to the municipal mental disease prevention and control institution.
Article 11 A district or county mental disease prevention and control institution shall keep records of patients of severe mental diseases and inform relevant community health service institutions, sub-district offices, and town and township people's governments of the information about these patients. Sub-district offices and town and township people's governments shall be kept informed of the information about the patients of severe mental diseases within their respective jurisdictions and shall set up a mechanism for communicating the information about these patients with mental disease prevention and control institutions.
A district or county mental disease prevention and control institution shall pay regular visits to patients of severe mental diseases. A residents committee or villagers committee shall provide assistance in such regular visits and, in light of the state of illness of these patients, provide assistance in their treatment.
Article 12 The municipal, district and county people's governments shall include psychological crisis intervention after weighty disasters into the public emergency preparedness plan. The administrative departments for public health shall organize professional training on psychological crisis intervention.
The municipal, district and county people's governments and their departments concerned shall, in the course of coping with weighty disasters, organize and carry out psychological crisis intervention to reduce the incidence rate of mental diseases after weighty disasters.
Article 13 The municipal, district and county administrative departments for public health shall organize and carry out mental health education to popularize the knowledge about mental health, raise the mental health level of citizens and prevent mental diseases.
The municipal, district and county administrative departments for public health shall strengthen on-the-job training of mental health professionals to improve their professional competence and working capacity, strengthen the training and education of non-mental health professionals in medical institutions to improve their ability to identify mental diseases, and provide technical support for the administrative departments for public security, judicial administration, civil affairs and education and relevant social organizations in carrying out training on the knowledge about mental health.
Article 14 The administrative departments for education and public health shall carry out training on the knowledge about mental health among teachers to improve their ability to promote the mental health of students. The schools shall provide necessary conditions for teachers to receive the training on the knowledge about mental health.
The schools shall include mental health education in their teaching plans and, in light of the characteristics of students in different ages, carry out mental health education, consultation and tutorship to create a studying environment favorable for students' mental health and to promote students' physical and psychological health. Higher education institutions and middle and primary schools where conditions permit shall be manned with professionals to provide psychological consultation service for students.
Article 15 The departments for public security and judicial administration shall create conditions to strengthen training on the knowledge about mental health among supervisory staff in detention centers, rehabilitation-through-labor centers and prisons.
Detention centers, rehabilitation-through-labor centers and prisons shall strengthen publicity of and education on the knowledge about mental health among those who are under supervision and control and, in light of different types of such persons, provide psychological consultation service for them.
Article 16 The administrative departments for science and technology shall strengthen financial input and encourage and support scientific research institutes, higher education institutions, and medical and health institutions to carry out basic research and clinical research on mental health and improve the scientific and technological level of the prevention, diagnosis, treatment and rehabilitation of mental diseases.
Article 17 Sub-district offices and town and township people's governments shall publicize the knowledge about mental health and guide residents committees and villagers committees in organizing healthy and beneficial activities to create a living environment favorable for the physical and psychological health of the people.
Article 18 Medical institutions shall publicize the knowledge about mental health among those who visit them for medical treatment and provide psychological consultation service for them, and provide technical guidance for carrying out publicity of the knowledge about mental health and offering service in this regard in the whole society.
Article 19 Disabled persons' federations, women's federations, communist youth leagues, senior citizens' work committees and other social organizations shall, in light of the characteristics of disabled persons, women, children, juveniles and senior citizens, carry out publicity and popularization of the knowledge about mental health.
Article 20 Broadcasting, television, newspapers and other news media shall carry out public-welfare publicity of the knowledge about mental health among the public.
Article 21 State organs, social organizations, enterprises, public institutions and other organizations shall care for the mental health of their staff and workers, popularize the knowledge about mental health, create a working environment favorable for their physical and psychological health and improve the level of their mental health.
Article 22 Anyone who intends to set up a profit-making psychological consultation institution shall register at the administrative department for industry and commerce and obtain a business license. Anyone who intends to set up a non-profit-making psychological consultation institution shall register at the department for civil affairs and obtain a Registration Certificate for a Private Non-Enterprise Institution.
A psychological consultation institution shall not be engaged in diagnosis and treatment of mental diseases.
Article 23 Psychological consultation personnel of a psychological consultation institution shall be retained from the following persons:
(1) persons with certificates of academic qualification in psychology;
(2) persons with vocational qualification certificates of the State in psychological consultation; or
(3) persons with the qualification of licensed doctors in psychiatry.
The code of practice of psychological consultation institutions and their professionals shall be formulated jointly by the municipal administrative departments for public health, labor and social security and personnel.
CHAPTER III DIAGNOSIS AND TREATMENT OF MENTAL DISEASES
Article 24 An institution for diagnosis and treatment of mental diseases shall obtain a Practice License for a Medical Institution verified and issued by the administrative department for public health, have the equipment, facilities and technical professionals suitable for carrying out diagnosis and treatment of mental diseases, and establish sound management systems.
Article 25 A Level-3 comprehensive medical institution shall set up a special clinic engaged in the provision of mental health service. A community health service institution shall offer service with respect to mental health in light of the demand for the work on mental health.
Article 26 A person engaged in diagnosis and treatment of mental diseases shall have a practice certificate for a doctor. The diagnosis of severe mental diseases shall be made by psychiatrists with more than two years of experience in diagnosis and treatment of medical diseases.
The diagnosis and treatment of mental diseases shall strictly comply with the relevant laws and regulations, diagnosis standards and diagnosis and treatment specifications of mental diseases.
Article 27 Where a patient diagnosed with a mental disease or anyone of his guardians or close relatives objects to the diagnosis conclusion, he may apply for a check of the diagnosis to the medical institution that has made the diagnosis. The said medical institution shall complete the check of the diagnosis within three months from the date of receipt of the application. The conclusion of the check of diagnosis shall be made by a psychiatrist with the professional title of associate chief doctor or higher.
Where a patient has not been diagnosed after the check of diagnosis or objects to the conclusion of the check of diagnosis, the medical institution concerned shall organize a group consultation.
Article 28 Where a doctor has a personal or property interest with a patient of mental disease, he shall not carry out diagnosis, check of diagnosis, group consultation or treatment for the patient.
A doctor making diagnosis of mental disease for a patient shall not carry out check of diagnosis and group consultation for the same patient.
Article 29 Where a patient of mental disease receives medical treatment in a medical institution of his own accord, the patient himself or anyone of his guardians or close relatives shall go through the formalities for receiving such treatment.
A patient of mental disease who is hospitalized for medical treatment of his own accord may decide to leave hospital by himself. Where the psychiatrist considers that it is not suitable for the patient to leave hospital, he shall explain the reason and the patient's guardians or close relatives shall decide whether the patient should leave hospital, and the medical institution shall put such decision on the medical record of the patient.
Article 30 Where a patient is diagnosed with a severe mental disease, the doctor who has made the diagnosis shall put forward a suggestion on medical protective hospitalization.
The guardians or close relatives of a patient of severe mental disease shall go through the formalities for hospitalization for the patient. Where the guardians or close relatives of the patient refuse to have him receive medical treatment under medical protective hospitalization, they shall explain the reason and the medical institution shall put such refusal on the medical record of the patient.
Where a patient of severe mental disease is considered to be able to leave hospital upon diagnosis made by two psychiatrists with the professional title of doctor-in-charge or higher, the psychiatrist shall produce a discharge notice and the guardians or close relatives of the said patient shall go through the discharge formalities. Where a patient of severe mental disease requests to leave hospital but the psychiatrist considers that he is not suitable to leave, the psychiatrist shall explain the reason and the patient's guardians or close relatives shall decide whether the patient should leave hospital, and the medical institution shall put such decision on the medical record of the said patient.
Article 31 Where a patient of mental disease commits any act endangering or seriously threatening public security or the personal or property safety of others, the public security organ may send him to a mental health medical institution and timely notify his guardians or close relatives. Any unit or individual encountering an above-mentioned situation may stop it and shall report it to the public security organ without delay. The specific measures shall be formulated by the municipal public security bureau together with other departments concerned.
Article 32 A patient of mental disease who is sent to a medical institution by the public security organ shall be diagnosed by two psychiatrists with the professional title of doctor-in-charge or higher. Where the said patient is considered not necessary to be hospitalized for medical treatment, the medical institution shall timely notify the public security organ to take the patient back and hand him over to his guardians or close relatives. Where the said patient is considered necessary to be hospitalized for medical treatment, the public security organ shall notify his guardians or relatives to go through the formalities for hospitalization. Where the guardians or close relatives of the patient cannot be notified, or the guardians or close relatives refuse to go through such formalities, the public security organ may go through the formalities first and the medical institution shall put the fact on the medical record of the patient.
Where a patient of mental disease is considered to be able to leave hospital upon diagnosis made by two psychiatrists with the professional title of doctor-in-charge or higher, the public security organ shall notify the guardians or close relatives of the said patient to go through the discharge formalities. Where the guardians or close relatives refuse to go through these formalities, the public security organ shall go through such formalities and hand the patient over to his guardians or close relatives, and the medical institution shall put the fact on the medical record of the patient.
Article 33 Guardians or close relatives of a patient of mental disease shall perform the following duties:
(1) to watch and take care of the patient properly to prevent him from hurting himself or endangering others or the society;
(2) to supervise and urge the patient to receive medical treatment as advised by the doctor, and to go through the formalities for hospitalization in the event that the patient should be hospitalized for medical treatment;
(3) to go through the discharge formalities for the patient who may leave hospital upon diagnosis;
(4) to help the patient receive rehabilitation treatment or vocational skill training; and
(5) to perform other duties as prescribed in laws and regulations.
CHAPTER IV REHABILITATION OF MENTAL DISEASES
Article 34 This Municipality shall gradually set up a mental disease rehabilitation system with community rehabilitation as the basis, family rehabilitation as the backing, and mental health institutions providing professional technical guidance.
Article 35 The district and county people's governments shall, according to the particular needs of their respective jurisdictions, plan and build community rehabilitation institutions with nature of social welfare to provide rehabilitation service for patients of mental diseases.
The municipal, district and county administrative departments for civil affairs and public health and disabled persons' federations shall provide support for community rehabilitation institutions in terms of technical guidance and financial input.
Article 36 A community rehabilitation institution shall make arrangements for patients of mental diseases to participate in activities conducive to their rehabilitation. The community rehabilitation institution where conditions permit shall organize vocational rehabilitation activities for patients of mental diseases to improve their self-caring abilities and social adaptability.
Enterprises are encouraged to give the production of any products to community rehabilitation institutions if such products are suitable to be produced by patients of mental diseases.
Article 37 A mental health medical institution shall arrange appropriate personnel and sites for the provision of medical rehabilitation service for patients of mental diseases hospitalized for medical treatment. Guardians or close relatives of patients of mental diseases shall assist these patients in rehabilitation training to restore their social adaptability and help them return to the society.
Article 38 Family members of patients of mental health diseases shall create an environment conducive to the patients' rehabilitation and assist them in family treatment and rehabilitation training in terms of self-caring abilities and social adaptability.
Article 39 Mental disease prevention and control institutions, mental health medical institutions and community health service institutions shall guide community rehabilitation institutions and families of patients of mental diseases in undertaking mental disease rehabilitation treatment and impart rehabilitation methods and popularize the knowledge about rehabilitation among patients of mental diseases or their guardians and close relatives.
CHAPTER V SAFEGUARD OF RIGHTS AND INTERESTS OF PATIENTS OF MENTAL DISEASES
Article 40 No unit or individual shall illegally confine the personal freedom of a patient of mental disease.
Article 41 A patient of mental disease shall have the right to engage in production and labor suitable for his physical and mental conditions and receive labor remuneration. No unit or individual shall compel a patient of mental disease to engage in production and labor.
Article 42 Governmental departments, medical institutions and other units related to the work on mental health, and their staff as well, shall protect the right to privacy of patients of mental diseases according to law.
Without the written consent of a patient of mental disease or his guardians or close relatives, no taping, video recording or photographing shall be taken on the said patient, and no audio and visual materials related to the said patient shall be played.
Where the materials concerning the state of illness of a patient of mental disease are necessary to be made know to the public under a certain occasion due to academic exchange or other reasons, the contents from which the identity of the said patient may be identified shall be concealed.
Article 43 A patient of mental disease and his guardians or close relatives shall have the right to know the state of illness of the patient, diagnosis conclusions, treatment methods and possible consequences.
Where a medical or teaching institution requests a patient of mental disease to take part in any medical teaching or scientific research activities or to accept any clinical experiment of a new drug or a new treatment method, it shall inform the patient or his guardians or close relatives in writing of the purposes, methods and possible consequences of such teaching or scientific research activities or experiment, and shall obtain the written consent from the said patient or his guardians or close relatives.
Article 44 A patient of mental disease shall have the right to enjoy the lawful rights and interests of communication, meeting visitors and dealing with personal properties. Where the above-mentioned rights and interests of a patient of mental disease are necessary to be restricted because of the state of illness or medical treatment, the doctor or the nurse shall inform the said patient or his guardians or close relatives of the reason, and the medical institution shall put the facts on the medical record of the said patient.
Article 45 A patient of mental disease shall, upon rehabilitation, have the right to, according to law, enjoy the right to receive education and to be employed.
A patient of mental disease shall, upon rehabilitation, have the right to take part in vocational skill training to improve his employment competence, and the department for labor and social security and the disabled persons' federation shall push forward the work on their employment training and placement.
During the period of existence of a labor relationship or within the term of an employment contract, no employing unit shall, within the specified period of medical treatment, dissolve the labor relationship or the employment relationship with a patient of mental disease with the excuse that he suffers from a mental disease. Upon rehabilitation of a patient of mental disease, the employing unit shall, during the period of existence of the labor relationship or within the term of the employment contract, arrange an appropriate job for him and shall not discriminate against him in terms of treatment and welfare.
Article 46 The medical expenses of patients of mental diseases contributing to the basic medical insurance of this Municipality shall be paid according to the provisions of the State and this Municipality on basic medical insurance. The medical expenses of patients of mental diseases in rural areas shall be paid according to the provisions of the new type rural cooperative medical system.
Article 47 Where a patient of mental disease who has his permanent residence registered in this Municipality has neither source of income nor work ability and does not have any statutory supporter or foster, or the statutory supporter or foster does not have the ability to support or foster, he shall be accepted for treatment by the mental health medical institution designated by the department for civil affairs, and the medical expenses shall be paid according to the relevant provisions.
Where a veteran or a demobilized soldier who has his permanent residence registered in this Municipality suffers from a mental disease in the period of active service, the medical expenses for treating his mental disease shall be paid according to the relevant provisions.
Article 48 The municipal, district and county people's governments shall develop policies to provide financial support in terms of medical and rehabilitation expenses of patients of mental diseases who have their permanent residences registered in this Municipality and are in hardships.
CHAPTER VI LEGAL LIABILITY
Article 49 Any unit or individual that, in violation of the provisions of these Regulations, establishes a psychological consultation service institution without authorization or is engaged in diagnosis and treatment of mental diseases without authorization shall be punished according to the provisions of relevant laws and regulations.
Article 50 Where a medical institution, in violation of the provisions of these Regulations, commits any of the following acts, the administrative department for public health shall order it to make corrections and may concurrently impose thereupon a fine of not less than 3,000 Yuan nor more than 30,000 Yuan; where the act causes any personal or property damage to a patient of mental disease, it shall assume the civil liability according to law; where a crime is constituted, the person liable for the violation shall be investigated for criminal liability:
(1) arranging a doctor with no appropriate qualification to conduct mental disease diagnosis, check of diagnosis, group consultation and medical treatment, or failing to conduct check of diagnosis without delay;
(2) failing to organize a group consultation where a patient of mental disease has not been diagnosed upon check of diagnosis or there is an objection to the conclusion of the check of diagnosis;
(3) arranging without authorization a patient of mental disease to take part in any medical teaching or scientific research activities or to accept any clinical experiment of a new drug or a new treatment method;
(4) divulging the privacy of a patient of mental disease; or
(5) without the written consent of a patient of mental disease or his guardians or close relatives, taking taping, video recording or photographing on the said patient or playing audio and visual materials related to the said patient.
Article 51 Where a professional of a mental health medical institution, in violation of the provisions of these Regulations, fails to comply with diagnosis standards and diagnosis and treatment specifications of mental diseases and causes a serious consequence, the administrative department for public health shall give the said professional a warning or order him to suspend from practice of medicine for not less than six months nor more than one year; if the circumstances are especially serious, his practice certificate shall be revoked.
Article 52 Where anyone, in violation of the provisions of these Regulations, commits any of the following acts and causes personal or property damage to a patient of mental disease, he shall assume the civil liability according to law; where a crime is constituted, he shall be investigated for criminal liability:
(1) discriminating against or insulting a patient of mental disease and his family members, abusing or abandoning a patient of mental disease;
(2) failing to perform the duties as a guardian;
(3) illegally restricting the personal freedom of a patient of mental disease; or
(4) illegally infringing upon the right to privacy, communication, meeting or other rights and interests of a patient of mental disease.
Article 53 Where an administrative department related to the work on mental health or any of its staff members commits such legal acts as neglect of duty, commission of illegalities for personal gains or by fraudulent means, or abuse of power, the relevant department shall order the said department or staff member in question to make corrections and give the person directly responsible for the violation an administrative sanction; where a crime is constituted, the criminal liability shall be investigated for according to law.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 54 The term “mental health promotion” in these Regulations means improving the level of citizens' psychological health through popularizing the knowledge about mental health, coping with psychological problems and intervening in psychological crises.
The term “mental disease” in these Regulations means the disease which causes obstacles in varying degrees in cognition, emotion, will, behavior and other mental activities through the dysfunction of human brains influenced by various biological, psychological and social environment factors.
The term “severe mental disease” in these Regulations means the mental disease which, as a result of severe damage to mental activities, causes incomplete identification of one's own health condition or the objective reality or the out of control of one's own behaviors.
Article 55 These Regulations shall become effective as of March 1, 2007.