A repercussion of the ROC mental health law

Abstract

The first Mental Health Law (MHL) of the Repubic of China was promulgated and entered into force of 7 December 1990. To study the opinions toward the MHL, questionnaires were handed over or mailed to 217 specialist psychiatrists, 507 mental health workers, and 325 family members of patients. Atotal of 302 questionnaires returned for analysis . The major findings are summarized below. 1. Except Articles 11, 32 and five on chapter V (penalties), more than 85 % of the respondents agreed with all other articles. This indicated that they were satisfied with the MHL in general. 2. There were 9 articles which more than 5% of the respondents disagreed. They were related to the definition of family member, the composition and function of the Prevention and Deoiberation Committee, the resignation of the protector, procedures of compulsory hospitalization and its extension, the procedure of consent to treatment by the patient, the subsidies for treatment by the government, the free treatment for compulsorily admitted patient, and the exemption of penalties to persons who fail to provide medical care or assist in seeking medical care arises from the consent of the family. 3. The differences among psychiatrists, mental health workers, and family members could be attributed to the conflicts of interests, the condlicts with previous practice pattern, the ambiguities of the articles, or the reflections of the professional opinions of the potential problems or weaknesses of the MHL. Based on the literature, the worldwide trend of mental health legislation, as well as the above findings, the authors argus that those articles related to the procedures of compulsory admission and treatment, the rights of the patient and the family roles should be considered for amendment. More researches in the area should be done and their results shall be the bases for further improvement of the mental health service in the country.#0396#