Abstract
China's new mental health law, which was passed by the Standing Committee of the National People's Congress on 26 October 2012, will take effect on 1 May 2013.[1] The primary goals of the law are to develop the field of mental health, to standardize mental health services and to protect the legal rights and interests of persons with mental disorders. Despite having a common goal of addressing the complicated problem of mental disorders, drafting the law was a long and tortuous process because of the competing interests of the various stakeholders: patients, family members of patients, community members, mental health care providers, human rights activists, governmental agencies, and legislators. The focus of successive drafts of the law swung between rigorously protecting patients' rights and interests to rigorously ensuring the safety of community members from potential risks of having mentally ill individuals living in the community.[2] The final law has included legal restrictions on the clinical practice of psychiatry that exceed those in some high-income countries. Thus, it is necessary to draw attention to some possible negative consequences of implementing the law and to consider potential regulations to clarify components of the law in ways that will decrease the likelihood or severity of these negative consequences. It is particularly important that health professionals, administrative departments, judicial authorities, and other related parties reach a consensus on the interpretation of the law and collectively formulate regulations to facilitate the implementation of the law.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call