People's Republic Of China Mental Health Act

Original Language Title: 中华人民共和国精神卫生法

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People's Republic of China order of the President of 62nd

People's Republic of China mental health Act has been in the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 29th meeting on October 26, 2012, are hereby promulgated and take effect on May 1, 2013.
People's Republic of China President Hu Jintao



The October 26, 2012

People's Republic of China mental health Act

(October 26, 2012 adopted by the 29th session of the Standing Committee of the 11th NPC)

Directory

Chapter I General provisions

Chapter II mental health promotion and mental disorder prevention

Diagnosis and treatment of mental disorders chapter

Recovery from mental disorders fourth chapter

Chapter fifth safeguard

The sixth chapter legal liability

The seventh chapter by-laws

Chapter I General provisions

First to develop mental health service, regulate mental health services, safeguarding the legal rights of people with mental disorders, this law is enacted.

Article in the People's Republic of China territory maintain and enhance citizens ' mental health, prevention, and treatment of mental disorders and to promote activities for the rehabilitation of people with mental disorders, this law shall apply.

Third mental health prevention approach, adhere to the principle of combining prevention, treatment and rehabilitation.

Article fourth of patients with mental disorders personality dignity, the inviolability of personal and property safety.

Education, labor, and health, as well as in patients with mental disorders from the State and society to material assistance, such as legal rights and interests are protected by law.

Relevant units and individuals shall set forth the names, portraits of people with mental disorders, address, place of work, medical records and other information possible to infer his identity be kept confidential, but shall perform their duties except for the need to open.

Article fifth the whole society should respect, understanding, caring for patients with mental disorders.

No organization or individual may discriminate against or insult, abuse of people with mental disorders may not be illegal restriction of personal freedom of people with mental disorders.

Journalism and literary and artistic works shall not contain discrimination, insult people with mental disorders.

Sixth Government Organization and leadership, Department of mental health accountability, family and unit responsible, participatory integrated management mechanism of the whole society.

Seventh above the county level shall exercise leadership in mental health work, be incorporated into the national economic and social development planning, construction and improvement of mental disorder of prevention, treatment and rehabilitation service system, establish and improve the coordination mechanisms and accountability for mental health, assessment of the relevant departments of mental health, supervision.

Township Governments and neighborhood offices according to the actual situation of the region, mental disorder prevention organizations, promote the rehabilitation of people with mental disorders and other work. Eighth the health Administrative Department under the State Council in charge of the nation's mental health.

Local people's Governments at or above the county level health Administrative Department in charge of the administrative areas of the mental health work.

The people's Government above the county level administration of Justice, civil affairs, public security, education, human resources and Social Security Department of mental health is undertaken in the context of their respective responsibilities.

Nineth guardians of people with mental disorders shall perform the duties of guardianship and protect legal rights of people with mental disorders.

Family violence against people with mental disorders, prohibition of abandonment in patients with mental disorders.

Tenth China disabled persons ' Federation and its regional organizations in accordance with the laws, regulations or entrusted by the Government to mobilize social forces, mental health work.

Villagers ' committees and residents ' Committee mental health work in accordance with the provisions of this law, and mental health assistance for local government.

Countries encourage and support trade unions, the Communist Youth League, women's Federation, Red Cross, Association of science and technology and other groups to carry out mental health work.

11th the State encourages and supports the training of mental health professionals, legal rights of mental health workers, strengthening the construction of mental health professionals.

State shall encourage and support mental health research, science and technology, the development of modern medicine, traditional Chinese medicine, psychology, improve the prevention, diagnosis, and treatment of mental disorders, rehabilitation science and technology.

The State encourages and supports international exchanges and cooperation in the field of mental health.

12th levels of people's Governments and relevant departments of the people's Governments above the county level shall take measures, encourage and support organizations or individuals providing volunteer services for mental health, contributions to mental health services, construction of public facilities for mental health.

Have made outstanding contributions to the mental health organizations, individuals, in accordance with the relevant provisions of the State giving commendations and awards.

Chapter II mental health promotion and mental disorder prevention

13th people's Governments at all levels and relevant departments of the people's Governments above the county level shall take measures to enhance mental health promotion and mental disorder prevention work, raise the level of public mental health. 14th levels of people's Governments and relevant departments of the people's Governments above the county level to develop emergency plans should include psychological assistance.

The dramatic events that occurred, fulfilling leadership duties or government organizations respond to emergencies should be based on specific circumstances of emergency, in accordance with the provisions of the emergency, psychological assistance organization.

15th the employer should create a working environment conducive to employee physical and mental health, focusing on the mental health of employees; in a period of specific professional development or in the special position of the workers, psychological health education should be targeted. 16th all types of schools at all levels shall carry on the mental health education equipped with or employ mental health education teachers, counselors and established mental health services, mental health education for students.

Pre-school educational institutions should be consistent with the characteristics of psychological health education for young children.

Natural disasters, accidents, public safety and other events that might affect students ' mental health, the school shall organize a professional psychological assistance to students. Teachers should learn and understand the relevant mental health knowledge, focus on students ' mental health, and inspires students in the right direction.

Local education administrative departments and the people's Governments at various levels should pay attention to the teachers of the school mental health.

And teachers of the school and the students ' parents or other guardian, close relative of communication students ' mental health.

17th medical personnel to carry out disease diagnosis and treatment service, shall, in accordance with requirements of diagnostic criteria and treatment specifications, psychological health instruction to patients; found that patients may be suffering from a mental disorder, should recommend the medical hospitals to comply with the provisions of this law.

Article 18th prisons, pretrial detention centres and detention facilities, places of compulsory isolation rehabilitation, prisoners should be by law, such as detention, arrest and compulsory isolation rehabilitation personnel, mental health awareness, and attention to their mental health, provide psychological counselling and guidance as necessary.

19th local people's Governments at or above the county level shall human resources and social security, education, health, administration of Justice, public security and other departments shall, within their respective areas of responsibility of each of the units provided for in article 15th to 18th on the fulfilment of obligations of prevention of mental disorders urging and guidance.

Article 20th villagers ' committees and residents ' Committee shall assist local government and related departments to carry out community mental health guidance, mental health awareness and education activities, and create a community environment beneficial to physical and mental health of residents.

Township health centers and community health services for villagers ' committees, neighbourhood community mental health guidance, mental health awareness and education activities to provide technical guidance.

Article 21st between family members should love each other, create a good and harmonious family environment, increased awareness of mental disorders; found that members of the family may be suffering from a mental disorder, should help their timely treatment, take care of their life, good stewardship.

22nd State shall encourage and support the media, social welfare organization mental health advocacy, disseminate knowledge about mental health, public awareness of mental health and prevention of mental disorders.

23rd counsellors should improve the quality of business, comply with the norms of practice, provide professional counseling services for the public.

Counsellors may not engage in psychotherapy or the diagnosis and treatment of mental disorders.

Counseling found counselling personnel may be suffering from a mental disorder, should recommend the medical hospitals to comply with the provisions of this law.

Counsellors should respect the privacy of counselling personnel, and to keep it secret. 24th the health Administrative Department under the State Council to establish mental health monitoring network, the implementation of serious mental disorder reporting system, organize mental disorder prevalence, trends, such as the monitoring and investigation work.

Serious mental disorder mental health monitoring and report management approach formulated by the health Administrative Department under the State Council.

The health Administrative Department under the State Council shall, jointly with relevant departments, organizations, and establishing mental health information sharing mechanisms to achieve information interoperability, Exchange and sharing.

Diagnosis and treatment of mental disorders chapter

25th article mental disorder diagnosis and treatment activities, subject to the following conditions and in accordance with relevant procedures medical institutions management:

(A) with mental disorder diagnosis and treatment adapted psychiatric practitioners, nurse;

(B) meet the need for mental disorder diagnosis, treatment facilities and equipment;

(C) improve the diagnosis and treatment of mental disorders management system and quality control system.

Mental disorder diagnosis and treatment should also be equipped with specialized medical institutions specializing in psychological treatment of staff.

26th the diagnosis and treatment of mental disorder, should follow the principle of maintaining the legitimate rights and interests of the patients, respect human dignity, ensure patients receive better mental health services under the existing conditions.

Classification and diagnostic criteria of mental disorders and treatment, formulated by the health administrative departments under the State Council.

27th the diagnosis of mental disorder should be based on mental health.

Unless otherwise prescribed by law, shall not be contrary to my will to medical examination to determine whether it is suffering from mental disorders. Article 28th unless individuals outside themselves to medical institutions for mental disorder diagnosis, suspected to be close relatives of people with mental disorders can be sent to a medical institution for mental disorder diagnosis.
Begging to find close relatives could not be suspected in patients with mental disorders, the local civil affairs and other relevant departments according to the Division of responsibilities, help to medical institutions for mental disorder diagnosis.

Suspected injury in patients with mental disorders themselves, acts endangering the safety of others, or hurt themselves, the risk of endangering the safety of others, and its close relative, units, local public security authorities should take immediate measures to stop and take them to medical institutions for mental disorder diagnosis.

Medical institutions received send suspected patients with mental disorder diagnosis, shall not refuse to make the diagnosis.

29th mental disorder diagnosis should be made by psychiatric practitioners.

Medical institutions received the 28th article of this law in accordance with provisions to diagnosis of patients with suspected mental disorder, should be hospitalized immediately assign a diagnosed psychiatric practitioners, and promptly issue a diagnostic conclusion.

Voluntary principles article 30th the hospital treatment of mental disorders.

Diagnosis and disease assessment shows that treatment for people with severe mental disorders and one of the following circumstances, should be left to hospital treatment:

(A) has hurt their own behavior, or are in danger of hurting themselves;

(B) have been acts endangering the safety of others, or at risk of endangering the safety of others. 31st people with mental disorders has this law 30th article of the first case, by his guardian's consent, medical patients should be hospitalized; guardian does not agree to the medical institution for patients in the hospital.

Guardians should be care management for patients living at home.

32nd people with mental disorders have this article 30th the second paragraph of the second item, the patient or guardian disagrees with the diagnosis requiring hospitalization, disagree on patients ' hospitalization, diagnosis and identification can ask again. Once again, in accordance with the provisions of the preceding paragraph require diagnosis shall be from the date of receipt of the conclusions in the 3rd to the medical institution or another medical institution with a legal qualification. Shoulder diagnosis again assigned medical institutions shall, after receiving the diagnosis again other than the two first diagnosis doctors diagnose psychiatric practitioners again and issued conclusions again in a timely manner.

Assume once again practicing physicians in the diagnosis of patients admitted to the medical facility should be met, asking the patient, the medical institution shall cooperate. Once again disagrees with the diagnosis, can independently delegate shall obtain the professional qualification of an accreditation body for medical evaluation of mental disorders; identification of medical institutions should be public announcements list and contact information.

Accreditation body should specify the institutions entrusted with the identification of at least two who are qualified experts to identify common and issue identification report in a timely manner.

Article 33rd appraiser of patients with mental disorders should be treated in medical institutions, asking the patient, the medical institution shall cooperate.

Appraiser or any of his close relatives and identification matters has a stake, which may affect the identification of its independent, objective and impartial, should be avoided.

Article 34th accreditation bodies, the experts shall comply with the relevant laws and regulations, the provisions of regulation, respect for science, abide by professional ethics, in accordance with the identification of mental disorders the implementation of procedures, techniques and practices, identified independently, provide objective and impartial report. Expert witness qualification process should be recorded in real time and signature.

Records shall be true, objective, accurate, and complete, text or audio carrier shall keep the record.

35th diagnosis or identification report again shows that treatment for people with severe mental disorders cannot be determined, or if patients do not need hospitalization, medical agencies shall not impose treatment in hospital. Diagnosis or identification report again shows that people with mental disorders have 30th the second paragraph of the second item of this law, its guardian shall agree to implement the treatment in hospital.

Guardian hindered implementation of inpatient treatment or the patient out of the hospital without authorization, can assist the medical institutions to take measures by the public security organs for patients in the hospital.

Before the report is issued again diagnosis, identification, mental disorders were treated with medical institutions shall, in accordance with the requirements of norm of diagnosis and treatment for patients in the hospital.

Article 36th diagnosis shows that people with mental disorders requiring hospitalization, I did not arrange for the admission procedures, his guardian shall register procedures; patients belong to find is not the guardian of vagrants and beggars, sent by attending relevant departments of hospital procedures.

People with mental disorders have 30th the second paragraph of the second item of this law, whose guardians do not go through the admission procedures, by the patient unit, village committees or neighborhood committees for hospital procedures, and by medical institutions in the patient record.

37th medical institutions and medical personnel should be people with mental disorders in diagnosis, course of treatment, the right to inform patients or their guardians.

Article 38th medical institutions shall be equipped with suitable facilities, equipment, protection of medical and personal safety of hospitalized patients with mental disorders to prevent harm, and for patients to create environment and conditions as close as possible to normal life.

39th medical institution and its medical staff members shall follow the mental disorder diagnostic criteria and treatment, treatment plan, and to the patients or their guardians in the treatment of mental disorders program and treatment methods, aims, and its possible consequences. 40th in patients with mental disorders within the health care or hurt themselves, will happen to endanger security, disturbing the order of medical practices, medical institutions and medical staff in the absence of alternative measures cases to enforce constraints, protective health measures such as quarantine.

Protective medical diagnostic criteria and treatment measures should follow the specifications, and then inform the patient's guardian after implementation.

Prohibit the use of constraint and isolation protective medical measures to punish people with mental disorders.

41st article use the drug for patients with mental disorders, should be for the purpose of diagnosis and treatment, the use of safe and effective drugs, drugs may not be used for diagnostic or treatment purposes.

People with mental disorders may be forced to engage in productive work in medical institutions.

42nd prohibits in accordance with this law 30th article provides hospitalization of patients for the treatment of mental disorders mental disorders for the purposes of surgery.

43rd medical institutions for people with mental disorders following treatment, patients or their guardians should be medical risks, alternative health care, and so on, and obtain the patient's written consent cannot be obtained in patients with advice, shall obtain the written consent of their guardians, and the medical ethics committee approval:

(A) leading to loss of organ function surgery;

(B) relating to the treatment of mental disorder and experimental clinical medicine.

Before the first treatment, an emergency guardian not find shall obtain the medical agencies and approved by the Ethics Committee.

Against mental disorder patients with mental disorder has nothing to do with experimental clinical medicine.

44th voluntary in-patient treatment of people with mental disorders may require out of hospital, medical agencies should agree.

This law when the 30th article of the first case of hospitalization in patients with mental disorders, the guardian may ask the patient to the hospital, medical agencies should agree.

Medical institutions think of people with mental disorders should not be discharged under the preceding two paragraphs, shall inform the reason for should not be discharged; still require hospital patients or their guardians, licensed physician shall be notified within medical records detailed record in the process, as well as discharged from hospital after medical advice, patients or their guardians shall sign it.

Second subparagraph of paragraph II of this article 30th mental disorders of patients hospitalized, medical authorities believe patients discharged from hospitals, patients and their guardians shall be notified immediately. Medical institutions shall, in accordance with mental disorder patients timely mental health practitioner in accordance with the second paragraph of this article 30th provisions implementation of the hospitalized patients were evaluated.

Evaluation results showed that patients do not need continuing hospital treatment, the medical institution shall immediately inform patients and their guardians.

Article 45th psychiatric patients out of hospital, I cannot afford to go through the discharge formalities, the guardian should be to go through the discharge formalities. 46th medical institution and its medical staff shall respect inpatients with mental disorders of communication and meeting with visitors and other rights.

Except in the pathogenesis of acute phase or to avoid treatment can temporarily limit, shall not limit the patient's communication and meeting with visitors and other rights. 47th medical institution and its medical staff should be recorded in the medical records of patients with mental disorders disease, treatments, medication, implementation constraints, quarantine measures and so on, and to inform patients or their guardians. Can read and copy medical records of patients and their guardians, however, patients read and copy medical records except that may have an adverse impact on their treatment.

Medical record retention period shall not be less than 30 years.

48th medical organizations may not see patients with mental disorder who is evading or refusing its application for treatment belongs to the range of other diseases in health institutions. 49th guardian shall take good care of people with mental disorders are not hospitalized patients follow doctors ' orders on time and urge them to take their medicine, received follow-up or treatment.

Villagers ' committees and residents ' Committee, a patient unit shall be in accordance with patients or their guardians request, guardians, care provides patients with the necessary help.

50th health administrative departments under local people's Governments at or above the county level should be on the following issues on a regular basis within the administrative area of mental disorders in diagnosis, treatment, inspection of medical institutions:

(A) the related personnel, facilities, equipment, compliance with the requirements of this Act;

(B) the treatment acts in accordance with the provisions of law, as well as diagnostic criteria and treatment;

(C) imposed on patients with mental disorders inpatient treatment programs are compliant with the provisions of this law;

(D) it shall safeguard the legal rights of people with mental disorders.

Local people's Governments at or above the county level administrative departments of public health checks provided for in the preceding paragraph, shall hear the views of people with mental disorders and their guardians; found in violation of the law, should stop or be ordered to correct immediately and dealt with according to law. 51st psychological treatment should be carried out in medical institutions. Specializing in psychological treatment of personnel shall not engage in the diagnosis of mental disorders, or for prescribing or providing surgical treatment of patients with mental disorders.

Psychological treatment of technical specifications formulated by the health Administrative Department under the State Council.
52nd prisons and compulsory isolation rehabilitation should take measures to ensure that suffered from a mental disorder of prisoners, forced isolation, such as access to treatment of drug users.

53rd mental disorder patients with administrative penalties for violating the law or infringe the penal law, in accordance with the relevant provisions of the law.

Recovery from mental disorders fourth chapter

54th community rehabilitation agencies need of rehabilitation of people with mental disorders should be provided premises and conditions, and patient self-care ability and social adaptability of rehabilitation training.

55th medical institutions for persons with serious mental disorders living at home should be the provision of psychiatric drug treatment, and community rehabilitation agencies to provide technical guidance and support on mental disorder treatment. Community health service agency, Township, village clinics should be set up health records of patients with severe mental disorders, for patients with serious mental disorders living at home regularly, patients taking the medication and for rehabilitation training, and the guardians of knowledge of mental health and childcare training.

People's Governments at the county level health Administrative Department for community health services agency, township hospitals and village clinics to carry out such work to provide guidance and training.

56th villagers ' committees and residents ' Committee shall provide help for disadvantaged families of patients with mental disorders, and to the local township people's Government or the subdistrict office and County departments reflecting the request of patients and their families and to help them resolve practical difficulties, create conditions for the patients into society.

57th organizations of persons with disabilities or rehabilitation institution shall according to the rehabilitation needs of people with mental disorders, patient to participate in rehabilitation activities.

58th an employer shall, in accordance with the actual situation of people with mental disorders, patients engaged in whatever work arrangements, ensure equal treatment, arrangements with the necessary vocational skills training, enhance the employability of patients, creating a suitable work environment for the patients, patients achieved be encouraged in their work.

59th guardians of people with mental disorders should assist patients in self-care ability and social adaptability of rehabilitation training.

Guardians of people with mental disorders in patients with care needs in technical guidance, community health service institutions or township hospitals and village clinics, community rehabilitation agencies should provide.

Chapter fifth safeguard

60th the people's Governments above the county level shall, jointly with relevant departments of health administration for economic and social development planning requirements, develop mental health planning and implementation.

Mental health monitoring and special survey results should serve as a basis for designing mental health planning.

61st of provinces, autonomous regions and municipalities according to the actual situation of the administrative, planning, integration of resources, building and perfecting the system of mental health services, mental disorder prevention, treatment and rehabilitation services in capacity-building.

According to the actual situation of the administrative region of the people's Governments at the county level, overall planning, establish community rehabilitation institutions for people with mental disorders.

Local people's Governments at or above the county level shall take measures to encourage and support social forces to organize mental disorder diagnosis, treatment, health care and rehabilitation institutions for people with mental disorders.

62nd Governments at all levels should be based on mental health needs, increase financial input, requirements for the protection of mental health, mental health working requirements included in the present budget.

63rd national grassroots mental health service system to support mental health work in impoverished, remote areas, and to ensure urban communities, rural mental health requirements.

64th College of medicine psychiatric teaching and research should be strengthened, in accordance with the actual needs in mental health training mental health professionals, providing talent guarantee for mental health work.

65th comprehensive medical organization should be in accordance with the provisions of the health Administrative Department under the State Council to open psychiatric clinic or outpatient psychological treatment and improve the capacity for prevention, diagnosis, and treatment of mental disorders.

66th medical institutions should organize personnel to study mental health knowledge and relevant laws, regulations, and policies.

Mental disorder diagnosis, treatment, rehabilitation agencies should organize regular on-the-job training for medical personnel, the staff and updated knowledge of mental health.

People's Governments above the county level health administrative departments shall organize training of health professionals in the mental health knowledge and improve their ability to recognize mental disorders.

67th should mental health courses for students in normal universities; medical colleges for students of non-psychiatric mental health courses offered.

The people's Government above the county level administrative departments of education pre-service and in-service training for teachers, should mental health content, and organize professional training for mental health education teachers, counselors.

68th Department of the people's Governments above the county level health medical institution for people with severe mental disorders should be organized to free provision of basic public health services. Medical expenses of patients with mental disorders by basic medical insurance in accordance with the relevant provisions of the social security fund. Medical insurance agency shall, in accordance with the relevant provisions of the inclusion of people with mental disorders of urban employee basic medical insurance, basic medical insurance for urban residents, or the coverage of the new rural cooperative medical system. County-level people's Governments shall, in accordance with relevant regulations of the State in patients with severe mental disorders to families with financial difficulties participating in basic medical insurance subsidy.

Human resources and social security, health, civil affairs, finance and other departments should strengthen coordination and streamline the process, implementation belongs to basic medical insurance to pay medical costs are covered by medical institutions settled directly with the medical insurance agency.

Psychiatric patients by basic medical insurance to pay for medical expenses after the difficult, or not on the basis of basic medical insurance to pay for medical expenses, civil affairs departments should give priority to giving medical aid.

69th to meet urban and rural minimum living guarantee condition of patients with severe mental disorders, the civil affairs departments shall, jointly with relevant departments timely to include subsistence.

For rural five-guarantee of serious patients with mental disorders, and without ability to work in the city, without sources and without legal support, maintenance, maintenance obligations, persons, or its legal support, maintenance, maintenance obligations, no maintenance, upbringing, the ability of people with severe mental disorders, home departments shall, in accordance with the relevant provisions of the State support, help.

Other than the provisions of the preceding two paragraphs there is difficulty in patients with severe mental disorders, civil affairs departments could take measures such as temporary assistance to help them to cope with life.

70th local people's Governments at or above the county level and their departments should take effective measures to ensure that mentally handicapped school-age children or adolescents receive the compulsory education, supporting working people with mental disorders within the labor, and provide employment for ex-officer services.

National arrangements for employment of people with mental disorders employing unit shall be subject to tax, and in the production, management, technical, financial, material, space and other support. 71st dignity of mental health staff, security of the person are inviolable, mental health staff to perform their duties are protected by law.

The whole society should respect the mental health staff. People's Governments above the county level and their departments, medical institutions, rehabilitation agencies should take measures to strengthen the occupational protection of mental health workers, improve the level of treatment of mental health staff, and give due allowance in accordance with regulations.

Mental health staff of the result of an injury, disability, death, and injury treatment and compensation in accordance with the relevant provisions of the State.

The sixth chapter legal liability

72nd article County above government health administrative sector and other about sector not in accordance with this method provides perform spirit health work duties, or abuse, and negligence, and engages in of, by this level Government or Shang level Government about sector ordered corrected, informed criticism, on directly is responsible for of competent personnel and other directly responsibility personnel law give warning, and demerit or remember than of disposition; caused serious consequences of, give downgraded, and dismissed or fired of disposition.

73rd article not meet this method provides conditions of medical institutions unauthorized engaged in spirit obstacles diagnosis, and treatment of, by County above government health administrative sector ordered stop related clinic activities, give warning, and at 5,000 yuan above 10,000 yuan following fine, has illegal proceeds of, confiscated illegal proceeds; on directly is responsible for of competent personnel and other directly responsibility personnel law give or ordered give reduced post grade or dismissed, and fired of disposition; on about medical personnel, revoked its practice industry certificate.

74th medical institutions and their staff, one of the following acts, by the people's Governments above the county level health Administrative Department ordered corrective action and warning in serious cases, the directly responsible person in charge and other direct liable persons shall be given or be ordered to give punishment by reducing the grade or dismissal, dismissal, and may order the relevant medical staff suspended for more than one month to six months the following practice:

(A) refuses to send follow-up diagnosis of patients with suspected mental disorder;

(B) in accordance with the second paragraph of this article 30th hospitalized patients failing to check the implementation assessment or is not based on the evaluation results.

75th article medical institutions and staff has following behavior one of of, by County above government health administrative sector ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give or ordered give reduced post grade or dismissed of disposition; on about medical personnel, suspended six months above one years following practice industry activities; plot serious of, give or ordered give fired of disposition, and revoked about medical personnel of practice industry certificate:

(A) in violation of this law provide for measures of constraint and isolation protective medical;

(B) violations of the provisions of this law, forced labor in patients with mental disorders;

(C) violations of the provisions of this law on mental disorder patients with surgical and experimental clinical medicine;

(D) violations of the provisions of this law, against people with mental disorders of communication and meeting with visitors and other rights;

(E) violation of the diagnostic criteria of mental disorders, non-psychiatric patients diagnosed with mental disorders.

76th under any of the following circumstances, the people's Governments above the county level health Administrative Department, administration for industry and commerce in accordance with their respective responsibilities shall be ordered to correct, given a warning and a fine of between 5,000 yuan and 10,000 yuan, has illegally obtained, confiscation of illegal income; causing serious consequences, to suspend for six months but not more than one year practice, until you revoke a practising certificate or business license:
(A) counselling staff engaged in psychotherapy or the diagnosis and treatment of mental disorders;

(B) the personnel engaged in the psychological treatment of psychological treatment in medical institutions;

(C) specializing in psychological treatment of staff engaged in the diagnosis of mental disorders;

(D) the personnel specializing in psychological treatment for people with mental disorders prescription or surgical treatment provided.

Psychological counseling, specializing in psychological treatment of personnel in counseling, psychological activity caused to persons, property or other damage, he shall bear civil liability.

77th article fourth of units and individuals in violation of the law stipulates that the damages are caused to people with mental disorders, and legally undertake the compensation responsibility directly responsible for units in charge and other direct liable persons, should also be given sanctions according to law.

78th in violation of the provisions of this law, any of the following circumstances, to people with mental disorders or other citizen personal, property or other damage shall bear liability for:

(A) the non-intentional as people with mental disorders in patients with mental disorders into treatment in medical institutions;

(B) is abandoned by the guardians of people with mental disorders of patients with, or there are other circumstances that do not fulfil his duty of guardianship;

(C) discrimination, insult and abuse people with mental disorders, violations of human dignity and personal safety of the patient;

(D) illegal restriction of personal freedom of people with mental disorders;

(E) other violations of legal rights of people with mental disorders.

79th medical institutions issued diagnostic conclusions that people with mental disorders should be hospitalized and their guardians refuse, resulting in patients resulting in personal injuries or property damage to others, or patients with other causes of personal or property damage to others, his guardian shall bear civil liability.

80th in the diagnosis and treatment of mental disorders, the process of identification, to cause trouble to block staff perform their duties in accordance with the provisions of this law, disturb the order of medical institutions, accreditation bodies, shall be subject to administrative penalties for public security.

Violation of the provisions of this law, there are other activities contravening public security management, shall be subject to administrative penalties for public security.

81st in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

82nd psychiatric patients or their guardians, next of kin Executive, medical institutions and other relevant organizations and individuals in violation of the law against the legal rights of patients, may prosecute according to law.

The seventh chapter by-laws

83rd article of the law, a mental disorder, refers to a variety of causes of perception, emotion and thinking disorder or abnormality of mental activities, result in significant psychological distress or impairment of social adaptation.

Serious mental disorder in this law refers to disease symptoms are severe, leading to social adaptation of patients with severe damage, their State of health or objective reality is not a complete understanding or mental disorders can not handle their own affairs.

Guardians of people with mental disorders in this law refers to in accordance with the relevant provisions of the General principles of the civil law as the guardian of the people.

84th military mental health work by the State Council and the Central Military Commission in accordance with this law, formulate measures for the administration of. 85th article this law shall enter into force on May 1, 2013.