Article 25: In order to carry out diagnosis and treatment of mental disorders, the following conditions shall be met, and the relevant procedures shall be carried out in accordance with the administrative regulations of the medical institutions:
(1) There are psychiatrists and nurses suitable for the diagnosis and treatment of the mental disorders;
(2) There are facilities and equipments to meet the needs of diagnosis and treatment of mental disorders;
(3) There is a sound management system for diagnosis and treatment of mental disorders, and a quality control system. (b) Facilities and equipment to meet the needs of diagnosis and treatment of mental disorders;
(c) A comprehensive management system for the diagnosis and treatment of mental disorders and a quality control system.
Specialized medical institutions engaged in the diagnosis and treatment of mental disorders shall also be equipped with personnel engaged in psychotherapy.
Article 26 The diagnosis and treatment of mental disorders shall follow the principle of safeguarding the lawful rights and interests of patients and respecting their human dignity, and shall ensure that patients receive good mental health services under existing conditions.
The classification of mental disorders, diagnostic standards and treatment norms, organized by the State Council administrative department of health.
Article 27 The diagnosis of mental disorders shall be based on mental health status.
Except as otherwise provided by law, medical examinations to determine whether a person is suffering from a mental disorder shall not be conducted against his will.
Article 28 In addition to individuals going to medical institutions on their own for the diagnosis of mental disorders, close relatives of a person suspected of suffering from a mental disorder may send him or her to a medical institution for the diagnosis of a mental disorder. For vagrant begging patients with suspected mental disorders who cannot locate their close relatives, the local civil affairs and other relevant departments shall, in accordance with the division of responsibilities, help send them to medical institutions for diagnosis of mental disorders.
Patients with suspected mental disorders who have behaved in a way that harms themselves or endangers the safety of others, or who are in danger of harming themselves or endangering the safety of others, their next of kin, their units, and the local public security organs shall take immediate measures to stop them and send them to a medical institution for a diagnosis of mental disorders.
Medical institutions shall not refuse to diagnose patients with suspected mental disorders when they receive them.
Article 29 The diagnosis of mental disorders shall be made by a licensed psychiatrist.
Medical institutions that receive patients with suspected mental disorders sent to them in accordance with the provisions of the second paragraph of Article 28 of this Law shall keep them in the hospital, immediately assign a psychiatrist to make a diagnosis, and issue a diagnostic conclusion in a timely manner.
Article 30 The principle of voluntary hospitalization for mental disorders.
If the diagnostic conclusion or assessment of the condition indicates that the patient is a patient with severe mental disorder and is in one of the following situations, he or she shall be hospitalized:
(1) if he or she has already committed an act of harming himself or herself or is in danger of harming himself or herself;
(2) if he or she has already committed an act of endangering the safety of others or is in danger of endangering the safety of others.
Article 31 Where a patient with mental disorder is in the situation described in the first subparagraph of the second paragraph of Article 30 of this Law, with the consent of his or her guardian, the medical institution shall implement inpatient treatment for the patient; where the guardian does not consent, the medical institution shall not implement inpatient treatment for the patient. The guardian shall take good care of the patient living at home.
Article 32 A patient with a mental disorder who is in the situation described in Article 30, paragraph 2, subparagraph 2 of this Law, and the patient or his or her guardian disagrees with the diagnosis of the need for inpatient treatment and disagrees with the implementation of inpatient treatment for the patient, may request a second diagnosis and appraisal.
A request for re-diagnosis in accordance with the preceding paragraph shall be made within three days from the date of receipt of the diagnostic conclusion to the original medical institution or other legally qualified medical institutions. Undertake to re-diagnose the medical institution shall receive the request for re-diagnosis of two psychiatrists other than the initial diagnosis of psychiatry practitioners to carry out re-diagnosis, and timely issuance of re-diagnosis of the conclusion. Undertake to re-diagnose the licensed physician shall be admitted to the patient's medical institution to meet and question the patient, the medical institution shall cooperate.
Objection to the conclusion of the re-diagnosis, you can independently commissioned by law to obtain licensing qualifications of the appraisal agency for mental disorders medical identification; medical institutions should be announced by the announcement of the appraisal agency list and contact information. Acceptance of the commissioned appraisal organization shall designate the agency with the appraisal of the practice qualification of two or more appraisers *** with the appraisal, and timely issuance of the appraisal report.
Article 33 The appraiser shall go to the medical institution of the patient with mental disorder
to meet and question the patient, the medical institution shall cooperate.
The appraiser or a close relative of the appraiser has an interest in the appraisal matter, which may affect his or her independence, objectivity and impartiality of the appraisal, he or she shall recuse himself or herself.
Article 34 The appraisal institutions, appraisers shall comply with relevant laws, regulations, rules and regulations, respect for science, abide by professional ethics, in accordance with the implementation of mental disorders appraisal procedures, technical methods and operational standards, according to law, independent appraisal, and issue an objective and impartial appraisal report.
The appraiser shall make a real-time record of the appraisal process and sign. The content of the record should be true, objective, accurate and complete, the record of the text or audio-visual carriers should be properly preserved.
Article 35 The conclusion of the re-diagnosis or appraisal report indicates that it cannot be determined that the patient is a patient with severe mental disorder, or the patient does not need hospitalization, the medical institution shall not implement hospitalization.
Where the conclusion of another diagnosis or an appraisal report indicates that a patient with mental disorder is in the situation described in Article 30(2)(b) of this Law, his or her guardian shall agree to hospitalize the patient. If the guardian prevents the implementation of inpatient treatment or the patient is removed from inpatient treatment without authorization, the public security organs may assist the medical institution in taking measures to implement inpatient treatment for the patient.
Before the relevant agencies issue a re-diagnostic conclusion, identification report, the medical institutions for mental disorders shall be in accordance with the requirements of the diagnosis and treatment specifications for the implementation of inpatient treatment of patients.
Article 36 of the diagnostic conclusions indicate the need for hospitalization of patients with mental disorders, they are not capable of hospitalization procedures, by their guardians for hospitalization; patients belonging to the guardian can not be found vagrant beggars, by the relevant departments for hospitalization.
Patients with mental disorders who are in the situation described in Article 30, paragraph 2, subparagraph 2 of this Law, and whose guardians do not go through the hospitalization procedures, shall be hospitalized by the patient's unit, villagers' committee, or residents' committee, and shall be recorded in the patient's medical record by the medical institution.
Article 37 Medical institutions and their medical staff shall inform patients or their guardians of the rights of patients with mental disorders in the process of diagnosis and treatment.
Article 38 Medical institutions shall be equipped with appropriate facilities and equipment to protect the personal safety of patients with mental disorders attending medical consultations and hospitalization, to prevent them from being harmed, and to create for hospitalized patients as close as possible to the environment and conditions of normal life.
Article 39 Medical institutions and their medical personnel shall follow the diagnostic standards for mental disorders and the norms for treatment, formulate treatment plans, and inform patients with mental disorders or their guardians of the treatment plans and treatment methods, purposes and possible consequences.
Article 40 Patients with mental disorders in a medical institution have occurred or will occur to harm themselves, endanger the safety of others, disrupt the medical order of the behavior of medical institutions and their medical personnel in the absence of other alternative measures, can be implemented in the constraints, isolation and other protective medical measures. The implementation of protective medical measures should follow the diagnostic standards and treatment norms, and inform the patient's guardian after implementation.
It is prohibited to utilize protective medical measures such as restraint and seclusion to punish patients with mental disorders.
Article 41 The use of medicines for patients with mental disorders shall be for the purpose of diagnosis and treatment, using safe and effective medicines; medicines may not be used for purposes other than diagnosis or treatment.
Medical institutions shall not force patients with mental disorders to engage in productive labor.
Article 42 prohibits the performance of surgical operations for the purpose of treating mental disorders on patients with mental disorders who are hospitalized in accordance with the provisions of Paragraph 2 of Article 30 of this Law.
Article 43 A medical institution that implements the following therapeutic measures on a patient with mental disorders shall inform the patient or his/her guardian of the medical risks, alternative medical treatment options, etc., and obtain the patient's written consent; if it is impossible to obtain the patient's opinion, the patient's guardian's written consent shall be obtained, and approval shall be obtained from the Ethics Committee of the institution:
(1) Surgery that results in the loss of function of the human body's organs surgery;
(ii) experimental clinical medical treatment related to the treatment of mental disorders.
If a guardian cannot be found due to an emergency when implementing the treatment measures in the first paragraph of the preceding paragraph, approval shall be obtained from the head of the medical institution and the Ethics Committee.
It is prohibited to implement experimental clinical medical treatment for patients with mental disorders that is not related to the treatment of their mental disorders.
Article 44 A patient with mental disorder who is voluntarily hospitalized may request to be discharged at any time, and the medical institution shall agree.
Where a patient with mental disorder who is hospitalized under the circumstances described in the first subparagraph of the second paragraph of Article 30 of this Law is subject to hospitalization, the guardian may at any time request that the patient be discharged from the hospital, and the medical institution shall give its consent.
Medical institutions believe that the first two paragraphs of mental disorders patients should not be discharged, should be informed of the reasons why it is not appropriate to discharge; the patient or his or her guardian still requesting the discharge, the practitioner shall record the process of informing the patient in detail in the medical records, and at the same time put forward after the discharge of the medical advice, the patient or his or her guardian shall sign to confirm.
The implementation of inpatient treatment of mental disorders in Article 30, paragraph 2, subparagraph 2 of this Law, the medical institution that the patient can be discharged, it shall immediately inform the patient and his or her guardian.
The medical institution shall, in accordance with the condition of the patient with mental disorders, promptly organize psychiatrists to implement inpatient treatment in accordance with the provisions of the second paragraph of Article 30 of this Law for examination and assessment of the patient. If the results of the assessment indicate that the patient does not need to continue hospitalization, the medical institution shall immediately notify the patient and his or her guardian.
Article 45 If a patient with mental disorder is discharged from the hospital, and he or she is incapable of going through the discharge procedures, the guardian shall go through the discharge procedures for him or her.
Article 46 Medical institutions and their medical staff shall respect the rights of hospitalized patients with mental disorders to communicate and meet with visitors. The rights of patients to communicate and to meet with visitors shall not be restricted, except during the acute morbidity period or temporarily in order to avoid impeding treatment.
Article 47 Medical institutions and their medical personnel shall truthfully record in the medical records the condition of patients with mental disorders, therapeutic measures, the use of medication, the implementation of restraints, isolation measures, and so on, and truthfully inform the patient or his or her guardian. The patient and his or her guardian may inspect and copy the medical records; however, the patient's inspection and copying of the medical records may have an adverse effect on his or her treatment, except. Medical records shall be kept for a period of not less than thirty years.
Article 48 A medical institution shall not shirk or refuse to treat a patient with a mental disorder because the patient is a patient with a mental disorder, or because the patient is a patient with a mental disorder, or because the patient is a patient with a mental disorder, or because the patient is a patient with a mental disability.
Article 49 The guardian of a patient with a mental disorder shall take proper care of the patient who has not been hospitalized, and urge him to take his medication on time and receive follow-up visits or treatment in accordance with medical advice. Villagers' committees, residents' committees, the patient's unit shall, at the request of the patient or his or her guardian, provide the necessary assistance to the guardian in caring for the patient.
Article 50: The health administrative departments of the local people's governments at or above the county level shall regularly inspect medical institutions engaged in the diagnosis and treatment of mental disorders in the administrative region with regard to the following matters:
(1) Whether or not the relevant personnel, facilities, and equipment are in compliance with the requirements of this Law;
(2) Whether or not the diagnostic and therapeutic behaviors are in compliance with this Law, as well as with diagnostic standards and therapeutic specifications;
(3) whether the procedures for implementing inpatient treatment for patients with mental disorders comply with the provisions of this Law;
(4) whether the lawful rights and interests of patients with mental disorders are safeguarded in accordance with the law.
The health administrative department of the local people's government at or above the county level conducting the inspections provided for in the preceding paragraph shall listen to the opinions of patients with mental disorders and their guardians; if it finds that there is a violation of this Law, it shall immediately stop it or order it to be corrected, and deal with it in accordance with the law.
Article 51 Psychotherapeutic activities shall be carried out in medical institutions. Personnel specializing in psychotherapy shall not engage in the diagnosis of mental disorders, shall not prescribe or provide surgical treatment for patients with mental disorders. The technical specifications for psychotherapy shall be formulated by the health administrative department of the State Council.
Article 52 Prisons, compulsory segregation drug rehabilitation centers and other places shall take measures to ensure that sentenced persons and compulsory segregation drug rehabilitants suffering from mental disorders have access to treatment.
Article 53 If a person suffering from mental disorder violates the Law on Punishment for Public Security Administration or contravenes the criminal law, he shall be dealt with in accordance with the provisions of the relevant laws.