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Regulations of Shanghai Municipality on Mental Hygiene

Regulations of Shanghai Municipality on Mental Hygiene
 

(Adopted on December 28, 2001 at the 35th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress)

Chapter I General Provisions

Article 1 In order to strengthen the mental hygiene work, safeguard the legitimate rights and interests of mental patients and raise the psychological health level of citizens, these Regulations are formulated in accordance with the actual circumstances of this Municipality. Article 2 These Regulations apply to psychological health consultation and mental hygiene services such as prevention, treatment and rehabilitation of mental diseases and the relevant administration activities in the Municipality' s administrative areas. Article 3 The municipal and district/county people' s governments shall incorporate the mental hygiene work in the national economy and social development plans of their respective areas, provide funds and other material guarantee, establish and perfect the networks of mental hygiene services, and push forward the development of mental hygiene undertakings. Article 4 The municipal public health administrative department is the competent authority of the Municipality' s mental hygiene work, responsible for organizing the implementation of these Regulations. The district/county public health administrative departments are the competent authorities of mental hygiene work within their respective administrative area. The administrative departments of civil affairs, public security, judiciary, education, finance, labor security, medical insurance and personnel, as well as the handicapped persons' federation and other mass organizations shall, according to their respective duties, coordinate in implementing these Regulations. Article 5 The mental hygiene work shall carry out the principles of government leadership, social participation, prevention first, and combination of prevention with treatment. Article 6

The civil rights and personal dignity of mental patients are protected by law. It is forbidden to discriminate against, insult, maltreat or desert mental patients.

Mental patients have the right to have access to mental hygiene services.

Medical institutions, psychological health consulting institutions and relevant working personnel shall protect the privacy of mental patients and those asking for psychological health consultation.

Article 7

Mental hygiene centers, psychiatric hospitals, and mental convalescent homes (hereinafter jointly referred to as mental hygiene medical institutions) shall be set up in line with the planning and standard of establishment of medical institutions.

Sub-district offices and those town and township people' s governments, that are permitted by conditions shall set up work-treatment stations and day-care rehabilitation stations (hereinafter jointly referred to as community rehabilitation institutions) with nature of social welfare, to provide mental patients with nearby convalescent establishments.

Article 8

Mental practitioners, mental registered nurses, clinical psychologists and mental health social workers (hereinafter jointly referred to as mental hygiene professionals) shall obtain qualification certificates after examination as required by relevant stipulations of the State and the Municipality before they are allowed to be engaged in mental hygiene services.

The legitimate rights and interests of mental hygiene professionals are protected by law.

Article 9

Units and individual persons are encouraged to make donations to the mental hygiene undertakings.

Citizens are encouraged to participate in the work of community convalescent institutions on a voluntary basis, rendering assistance to mental patients' treatment, convalescence and return to society.

Chapter II Psychological Health Consultation and Prevention of Mental Diseases

Article 10

Relevant scientific research institutes, universities and colleges, and medical institutions shall strengthen the basic and clinical research of prevention, treatment and recovery of mental diseases to raise the level of mental hygiene services.

Article 11

Third-grade comprehensive medical institutions and community health service centers shall set up mental outpatient services or psychological health consulting clinics; second-grade comprehensive medical institutions may, according to the demand of mental hygiene service, set up mental outpatient services or psychological health consulting clinics.

The municipal public health administrative department shall create conditions for non-mental practitioners to receive knowledge and education on mental diseases, and improve their ability of identifying mental diseases.

Article 12

Schools shall incorporate psychological health education into the overall education work, be staffed with teachers, carry out psychological health education and provide students with psychological health consulting services.

Article 13

Judiciary administrative departments shall create conditions to provide psychological health consulting services to the persons serving their terms in prison.

Article 14

Any person who sets up a commercial psychological health consulting institution shall apply to the industrial and commercial administrative department for going through registration formalities and taking out a business license.

Any person who sets up a non-commercial psychological health consulting institution shall register with the civil affairs department and take out the Register Certificate of Non-Enterprise Unit Run by Local People.

The psychological health consulting institution to be set up shall be staffed by psychological health consultants appropriate to the institution.

Article 15

Personnel engaged in psychological health consulting service shall conform to the professional qualification requirements stipulated by the municipal public health administrative department and obtain the qualification certificate after passing examination before they are allowed to be engaged in such service. Among them, those engaged in school psychological health consulting services shall have the teacher' s qualification and receive training of the institutions or organizations accredited by the municipal education administrative department and the municipal public health administrative department and take out the qualification certificate after passing examination before they are allowed to be engaged in psychological health consulting services.

Personnel engaged in psychological health consulting services shall carry out such services according to the practicing norms drawn up by the municipal public health administrative department.

Article 16

The public health administrative department and other relevant administrative departments shall take measures to publicize the meanings of mental disease prevention, popularize mental hygiene knowledge, and carry out health education on mental hygiene.

Trade unions, Communist Youth League, women' s federations and other mass organizations shall participate in the popularization of mental hygiene knowledge, helping citizens improve their ability to prevent mental diseases.

Radio, television, press and other news media shall carry out public-interest publicity of mental health.

Chapter III Medical Treatment and Nursing

Article 17

Mental patients who totally or partly lose the ability of self-knowledge have the right to obtain medical treatment and nursing. Mental practitioners may put forward medical proposals of medical treatment and nursing for them.

Article 18

The guardians of mental patients who totally or partly lose the ability of self-knowledge shall bear the duty of medical treatment and nursing. Guardians are determined in the order stipulated in the "General Provisions of Civil Law of the People' s Republic of China" .

One or several guardians bearing medical nursing duty may come out of the persons with guardian qualification through consultation, or may shoulder the medical treatment and nursing duty by rotation. In case of unsuccessful consultation, medical institutions may suggest the neighborhood committees or villagers' committees to mediate in time, and bring about guardians in the principle of favorable treatment and recovery of mental patients. In case of unsuccessful mediation, guardians shall be assigned according to law. Lawsuits against the appointment will be ruled by the people' s court.

Article 19

Guardians who shoulder the medical treatment and nursing duty shall perform the following duties:

(1) Properly nursing mental patients, preventing them from self-injuries due to illness, hurting others or jeopardizing society;

(2) According to doctor' s order, urging mental patients to receive ambulatory treatment or hospitalization, and handling hospitalization or discharge formalities on their behalf, or helping them with the handling;

(3) Assisting mental patients in undergoing rehabilitation or vocational skills training, and helping them return to society.

Guardians may entrust others to perform the medical treatment and nursing duty stipulated in the preceding clause.

Article 20

Guardians bearing medical treatment and nursing duty have the right to ask the near relatives with guardian qualification for assistance.

Guardians bearing medical treatment and nursing duty have the right to ask the community health service centers, medical institutions, which the mental patients visit, and the mental practitioners for professional instruction and help.

Guardians bearing medical treatment and nursing duty have the right to ask the public security department, the neighborhood committee or villages' committee for help.

Chapter IV Treatment of Mental Diseases

Article 21

Near relatives of mental patients or para-mental patients shall assist such patients in taking diagnosis and treatment.

Medical institutions shall, according to the condition of mental patients, provide active and proper treatment. The mental patients that need hospitalization shall be those that meet the requirements of hospitalization standard. The medical institute shall not retain mental patients without reasons.

Article 22

Mental patients or their guardians have the right to know the state of their illness, diagnostic conclusion, treatment schemes and possible consequences. Mental patients and their guardians have the right to ask medical institutions for a written diagnostic conclusion.

When asking mental patients to participate in medical teaching, scientific research, or taking new medicine or new treatment methods for clinical trials, the medical institutions shall notify in writing the patients themselves or their guardians of the purpose, method and possible consequences of the teaching, scientific research and trial. If the mental patients or their guardians agree to the participation, the medical institutions shall obtain the written consent of the patients or of their guardians.

Article 23

Where there is a need to conduct mental surgery on mental patients for treatment, medical institutions shall organize the consultation of more than three mental practitioners with professional title of surgeon, and notify the mental patients or their guardians of the consequences the treatment operation may bring about, and obtain the written consent of the patients themselves or of their guardians.

Article 24

Without the written consent of mental patients or their guardians, it is forbidden to make any sound and video recordings and films of, or broadcast any audio-video materials involving the mental patients.

If there is a need to make public on a certain occasion for academic exchanges the materials about mental patients' state of illness, the materials that can make the patient' s status identified shall be hidden from view.

Article 25

The diagnosis of mental disease shall be made by mental practitioners with professional title of above physician-in-charge according to the State' s existing medical standard. In case there is no State medical standard, the diagnosis will be made by reference to the medical standard prevalent internationally.

For patients diagnosed with mental diseases, medical institutions shall, according to the State' s existing medical standard or by reference to the medical standard prevalent internationally, make a diagnostic check. The time period for a diagnostic check shall not exceed half a year at most. The diagnostic check conclusion shall be made by mental practitioners with professional title of above associate chief physician.

Article 26

For any case that can not be confirmed after a diagnostic check or that there is any doubt about the diagnostic check conclusion, medical institutions shall organize consultation.

Article 27

Mental practitioners who are relatives of, or interested with, mental patients shall not make any diagnosis, diagnostic check or participate in group consultation of doctors for the mental patients.

The mental practitioner who diagnoses the mental disease shall not make diagnostic check or participate in group consultation of doctors for the same mental patient.

Article 28 Mental patients or their guardians who doubt of diagnostic check conclusions or doctor' s group consultation conclusions, may apply for authentication to the Municipal Experts Committee of Judicial Authentication for Mental Diseases according to relevant laws. Article 29

Mental practitioners who consider hospitalization favorable to mental patients' treatment and recovery shall put forward the medical proposal of hospitalization. The patients with self-knowledge may decide on hospitalization on their own.

Article 30

Mental practitioners with professional title of above physician-in-charge, who consider that the mental patients who totally or partly lose the ability of self-knowledge and have to be hospitalized, shall put forward the medical proposal of hospitalization for medical protection. The guardians of mental patients shall go through hospitalization formalities on behalf of or in assistance to the mental patients.

Medical institutions shall make diagnostic checks as required for mental patients hospitalized for medical protection.

Article 31

If mental patients or para-mental patients have acts of self-injury, hurt others or jeopardize society, their guardians, near relatives, affiliated units, neighborhood committees and villager' s committees where they reside, or the public security department at the scene shall send them to the mental hygiene medical institution. Other units or individual persons who catch sight of such things shall report to the residents' committee or villagers' committee where such patients reside, or the public security department at the scene.

With the diagnosis made by more than two mental practitioners (one of whom has the professional title of mental physician-in-charge) considering hospitalization necessary for observation, mental hygiene medical institutions shall exercise emergency hospitalization observation of the mental patients or para-mental patients and notify their guardians or near relatives at the same time.

Mental hygiene medical institutions shall make a diagnostic conclusion within 72 hours after carrying out emergency hospitalization observation.

Article 32

Medical institutions shall make appraisals of mental state once every month for mental inpatients

Mental inpatients have the right to correspond and receive visitors; if restriction shall be imposed for medical needs, consent shall be obtained form the patients' guardians.

Temporary protective safety measures that have to be imposed on mental inpatients for medical needs or prevention of accidents shall be decided by mental practitioners, and record and explanation shall be put down in the course notes of disease. After mental patients' condition get stable, relevant measures shall be lifted. It is forbidden to punish mental patients by restriction of correspondence and visitors or by placing them under restraint and isolation or by other means.

Article 33

When a mental practitioner with professional title of above physician-in-charge makes sure that a mental inpatient can be discharged, the guardian or near relatives of the mental patient shall go through discharge formalities on his behalf or in his assistance.

If a mental inpatient with self-knowledge asks for discharge, the medical institution shall allow the patient to be discharged.

Article 34

The medical institution, if discovering that a mental inpatient leaves hospital without permission, shall immediately look for the patient and notify the patient' s guardian or near relatives. Not knowing the patient' s whereabouts, the medical institution shall report to the local public security department within 24 hours.

The mental patient' s guardian and near relatives or the public security department, when finding the patient who arbitrarily leaves hospital, shall notify the medical institution where the patient is hospitalized, and help to send the patient back.

Article 35

Medical expenses of mental patients who participate in urban employees' basic medical insurance shall be handled according to the provisions of the State' s and the Municipality' s urban employees' basic medical insurance.

Mental patients without any income sources, labor ability or legal supporters or care-takers, will be taken in by the mental hygiene medical institution designated by the civil affairs department, and the medical expenses will be handled according to the State' s and the Municipality' s relevant provisions.

When soldiers contracting mental illness during active service are demobilized and transferred to civilian work, the medical expenses of mental disease will be handled according to the State' s and the Municipality' s relevant provisions.

Mental patients who still have financial difficulty in paying medical expenses after reduction and exemption, may apply for medical assistance according to the State' s and the Municipality' s relevant provisions.

Article 36

Mental patients must have the ability of self-knowledge as a prerequisite for exercising the rights to be informed and to make any decision.

Chapter V Recovery from Mental Disease

Article 37

The recovery department of mental hygiene medical institution shall provide rehabilitation service for mental inpatients.

Mental hygiene professionals, mental patients' guardians or near relatives shall help mental inpatients take training in self-care ability and social adaptability.

Article 38

Community rehabilitation institutions shall arrange mental patients to take part in labor, entertainment and sports activities conducive to recovery, strengthen the patients' self-care in daily life and adaptability to society. Mental patients who take part in labor shall get appropriate remuneration.

Guardians or near relatives of mental patients shall create harmonious and civilized family conditions, help the patients improve adaptability to society and ability to study and work, and protect the patients' legitimate rights and interests.

Article 39

The finance department shall give support to the funds that the sub-district offices and town and township people' s governments need to build, renovate and manage community rehabilitation institutions. A part as subsidy shall be charged to the handicapped persons' employment security fund.

The taxation department shall, according to the State relevant stipulations, grant preferential treatment of tax reduction and exemption to community rehabilitation institutions.

Enterprises are encouraged to arrange the production of goods that are suitable for mental patients to make for community rehabilitation institutions to produce.

Article 40

Mental hygiene medical institutions and community health service centers shall guide community rehabilitation institutions to carry out rehabilitation of mental diseases, popularize recovery knowledge, and impart rehabilitation methods to mental patients and their guardians and near relatives.

Article 41

Mental patients, after recovery, shall have the right to enjoy enrollment, examination and employment. Relevant units shall not cancel their eligibility of enrollment, examination, and employment for past mental diseases.

Mental patients, after recovery, have the right to participate in all kinds of vocational skill training to improve their employment ability. The labor security department and handicapped persons' federation shall give impetus to the training and settlement of mental patients.

When mental patients, after recovery, are still within the term of labor relationship or employment contract, their work units shall arrange proper job and post for them, and shall not make any discrimination in treatment and welfare.

Chapter VI Legal Liability

Article 42

Any person who carries out psychological health consulting services without registration with the industrial and commercial administrative department or civil affairs department shall be dealt with according to law by the industrial and commercial administrative department or the civil affairs department.

Any person who is engaged in psychological health consulting services without qualification certificate shall be ordered to correct by the public health administrative department, and be given warning or be fined between not less than 1,000 yuan and not more than 10,000 yuan, and shall have their illegal gains, if any, confiscated.

Any person engaged in psychological health consulting services who carries out consulting services not according to professional norms shall be ordered to correct by the municipal public health administrative department. Any person who reveals the privacy of those asking for psychological health consultation, or violates professional norms resulting in severe consequences shall have their qualification certificates revoked.

Article 43

Any medical institution that does any of the following acts shall be ordered to correct by the public health administrative department, and be fined between not less than 3,000 yuan and not more than 30,000 yuan:

(1) Arbitrarily arranging mental patients to be involved in medical teaching, scientific research or clinical trial of new medicine or new treatment methods;

(2) In violation of the provisions of these Regulations, conducting mental surgery and other treatment operations on mental patients;

(3) Arranging mental practitioners without required professional title to make diagnosis of mental diseases and diagnostic check;

(4) Failing to organize consultation of doctors for cases that are not confirmed after diagnostic check or that have ambiguous conclusion of diagnostic check;

(5) Having mental patients hospitalized for medical protection without diagnosis made by a mental practitioner with professional title of above physician-in-charge;

(6) Having mental patients hospitalized in emergency for observation without diagnosis made by more than two mental practitioners (one of whom has the professional title of above physician-in-charge);

(7) In violation of the provisions of these Regulations, imposing restraint or isolation measures on mental patients, or failing to timely remove such measures after the patients' condition gets stable.

Article 44

Mental practitioners who reveal mental patients' privacy resulting in severe consequences shall be given warnings by the public health administrative department, or be ordered to suspend professional activities for a period ranging from six months to one year. In serious cases, their professional certificates shall be revoked.

Mental practitioners who violate the provision of these Regulations concerning withdrawal, making diagnosis, diagnostic check or participating in the consultation of doctors for the mental patients, shall be given disciplinary sanctions by the medical institution.

Article 45

Any person who violates the provisions of these Regulations, and causes damage to mental patients shall bear civil liability according to law. If the wrongful act constitutes a crime, the party concerned shall be prosecuted for criminal liability.

Article 46

Any party concerned who disagrees with the specific act made by the public health administrative department or other administrative departments may, according to the provisions of the "Law of the People' s Republic of China on Administrative Reconsideration" and the "Administrative Litigation Law of the People' s Republic of China" , apply for administrative reconsideration or bring an administrative lawsuit.

Chapter VII Supplementary Provisions

Article 47

The definitions of terms under these Regulations are set below:

(1) Mental diseases mean the diseases of disturbance to varied degrees of mental activities such as perception, emotion, thought, will and acts caused by cerebral functional disorder under influence of various biological, physiological and social environmental factors.

(2) Self-knowledge ability means the ability of knowing, understanding and making proper presentation of one' s abnormal mental state and morbid act.

Article 48

Where laws and regulations have special provisions on compulsory treatment of mental patients, such provisions shall prevail.

Article 49

These Regulations shall become effective on April 7, 2002.


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