Highlights of the 2022 Amendment to the Taiwan Mental Health Act

Abstract

Abstract Background: Each country has each mental health act (MHA), which usually responds to the need of the society. Without exception, Taiwan has been through the enacting and amending the MHA since 1990. Methods: In the review, the authors intend to recount and to describe enacted or amended MHA in Taiwan. They are focusing on 2022 amendment to the MHA in Taiwan. Results: In Taiwan, the MHA with 52 articles was enacted in 1990, aiming at preventing and treating mental illnesses, safeguarding patient rights, promoting patient welfare, enhancing national mental health, as well as maintaining social harmony and tranquility. After several minor amendments, a significant revision took place in 2007. Since 2007, the focus of amendment to MHA was shifted from originally preventing and treating mental illnesses and protecting patient rights, to the addition of avoiding the stigmatization of mental illnesses. The goal of maintaining social harmony and tranquility was removed, but support and assistance for patients in community living were emphasized. The United Nations’ “Convention on the Rights of Persons with Disabilities” (CRPD), announced in 2006, serves as a crucial benchmark for the protection of the rights of persons with disabilities internationally. Taiwan’s implementation law for the CRPD was promulgated in 2014. According to the spirit of the CRPD, the 2022 Amendment to the MHA in Taiwan is intended to enhance the protection of the rights of patients with mental illnesses, to strengthen community support for patients, and to assist them in achieving equal living with others. The 2022 amended MHA in Taiwan comprises seven chapters and 91 articles, with key focuses on (a) promoting mental health, (b) establishing community mental health centers and diverse community support, (c) improving patient assistance and front-end prevention, strengthening patient reporting, and establishing crisis management mechanisms, (d) changing the approach to mandatory hospitalization treatment to involve judicial reservation, and (e) safeguarding patient rights, prioritizing criminal proceedings in cases of homicide and injury, and preventing stigmatization. Conclusion: The 2022 Amendment to the MHA in Taiwan is dedicated to more comprehensively caring for individuals with mental illnesses when concurrently safeguarding their rights, aligning with the modern societal emphasis on mental and physical health.