Mental Health Act
2020-01-15
手機睡眠
語音選擇
Chapter 1 General Principles
Article 1
This Act is specifically formulated to promote the mental health of the population, prevent and treat mental illnesses, protect patients’ rights and interests, support and assist patients living in community.
Article 2
The competent authorities mentioned in this Act are Department of Health, Executive Yuan at the central level, the municipality governments at the municipality level, and county (city) governments at the county (city) level.
Article 3
The terms used in this Act are defined as follow:
1. Mental illness: the illness with abnormal presentations in mental status such as thoughts, emotions, perception, cognition and behaviors, which cause impairment in the function to adapt to living and need medical treatment and care; its range includes psychosis, neurosis, alcohol addiction, drug addiction, and other mental illnesses recognized by the central competent authority, but not antisocial personality disorder.
2. Specialist Physician: the psychiatric specialist passing the selection and review by the central competent authority pursuant to the Physicians Act.
3. Patient: the person suffering from mental illness.
4. Severe Patient: the patient who is diagnosed and confirmed by a psychiatric specialist to present queer thoughts and odd behavior detached from reality and as a result to be incapable of managing their own affairs.
5. Community Mental Health Rehabilitation: for the purpose of assisting patients to adapt to social life gradually, the rehabilitative treatment offered to patients in community as regards work ability, work attitude, psychological reconstruction, social skills, and ability to manage daily life, etc.
6. Community Treatment: for the purpose of preventing the deterioration of a severe patient’s illness, the modalities of treatment in community that adopt home care, community mental rehabilitation, outpatient treatment, etc.
1. Mental illness: the illness with abnormal presentations in mental status such as thoughts, emotions, perception, cognition and behaviors, which cause impairment in the function to adapt to living and need medical treatment and care; its range includes psychosis, neurosis, alcohol addiction, drug addiction, and other mental illnesses recognized by the central competent authority, but not antisocial personality disorder.
2. Specialist Physician: the psychiatric specialist passing the selection and review by the central competent authority pursuant to the Physicians Act.
3. Patient: the person suffering from mental illness.
4. Severe Patient: the patient who is diagnosed and confirmed by a psychiatric specialist to present queer thoughts and odd behavior detached from reality and as a result to be incapable of managing their own affairs.
5. Community Mental Health Rehabilitation: for the purpose of assisting patients to adapt to social life gradually, the rehabilitative treatment offered to patients in community as regards work ability, work attitude, psychological reconstruction, social skills, and ability to manage daily life, etc.
6. Community Treatment: for the purpose of preventing the deterioration of a severe patient’s illness, the modalities of treatment in community that adopt home care, community mental rehabilitation, outpatient treatment, etc.
Chapter 2 Mental Health System
Article 4
The central competent authority is in charge of the following matters:
1.Planning, formulation and campaign of policies and protocols concerning the public’s mental health promotion and the prevention and treatment of mental illness ;
2.Planning, formulation and campaign of policies, laws and regulations, and protocols concerning national patient services and protection of their rights and interests;
3.Supervision and coordination on the performance of the municipality and county (city) competent authorities in matters concerning patient’s medical care and the protection of their rights and interests;
4.Awards and planning for the patient services provided by municipality and county (city) competent authorities;
5.Planning for the training of professionals related to the medical services for patients;
6.Planning for patient protection practices;
7.Statistics of national patient data;
8.Consultation, supervision, and accreditation of various mental health care institutions;
9.Other plotting and supervision on patient services and the protection of their rights and services;
10.Investigations, research, and statistics regarding the mental health and mental illnesses of citizens.
The central competent authority shall publish every four years psychological health reports covering matters listed in the subparagraphs of the preceding paragraph.
1.Planning, formulation and campaign of policies and protocols concerning the public’s mental health promotion and the prevention and treatment of mental illness ;
2.Planning, formulation and campaign of policies, laws and regulations, and protocols concerning national patient services and protection of their rights and interests;
3.Supervision and coordination on the performance of the municipality and county (city) competent authorities in matters concerning patient’s medical care and the protection of their rights and interests;
4.Awards and planning for the patient services provided by municipality and county (city) competent authorities;
5.Planning for the training of professionals related to the medical services for patients;
6.Planning for patient protection practices;
7.Statistics of national patient data;
8.Consultation, supervision, and accreditation of various mental health care institutions;
9.Other plotting and supervision on patient services and the protection of their rights and services;
10.Investigations, research, and statistics regarding the mental health and mental illnesses of citizens.
The central competent authority shall publish every four years psychological health reports covering matters listed in the subparagraphs of the preceding paragraph.
Article 5
The central competent authority may, according to the distribution of population and medical care resources, define areas of responsibility for medical care, establish regional network of mental illness prevention and medical care service, and formulate plans for implementation.
Article 6
The municipality and county (city) competent authorities are in charge of the following matters:
1. Planning and execution of protocols concerning psychological health and the prevention and treatment of mental illness;
2. Execution of policies, laws and regulations, and protocols formulated by the central government for patient services and the protection of their rights and interests;
3. Planning, formulation, campaign and execution of the policies, autonomous regulations, and protocols on patients’ access to medical care and the protection of their rights and interests;
4. Planning and execution of training the professionals related to medical services for patients;
5. Execution of patient protection practices;
6. Integration of patients’ data;
7. Supervision and assessment of various mental health care institutions;
8. Other planning and supervision of services for patients and the protection of their rights and interest.
1. Planning and execution of protocols concerning psychological health and the prevention and treatment of mental illness;
2. Execution of policies, laws and regulations, and protocols formulated by the central government for patient services and the protection of their rights and interests;
3. Planning, formulation, campaign and execution of the policies, autonomous regulations, and protocols on patients’ access to medical care and the protection of their rights and interests;
4. Planning and execution of training the professionals related to medical services for patients;
5. Execution of patient protection practices;
6. Integration of patients’ data;
7. Supervision and assessment of various mental health care institutions;
8. Other planning and supervision of services for patients and the protection of their rights and interest.
Article 7
The municipality and county (city) competent authorities shall, through community psychological health centers, conduct psychological health campaigns, education and training, counseling, referral and transfer services, resources networking, prevention and treatment of suicide and substance abuse, other matters related to psychological health, etc.
At the community psychological health centers mentioned in the preceding Paragraph, services shall be provided by professionals related to psychological health.
At the community psychological health centers mentioned in the preceding Paragraph, services shall be provided by professionals related to psychological health.
Article 8
The central competent authority shall, in collaboration with the central competent authorities of social affairs, labor affairs, and education, establish systems of community care, support and rehabilitation, provide patients with services of medical care, employment, schooling, elderly care, psychological treatment, psychological counseling, and other community care.
Article 9
The competent authorities of labor affairs shall promote psychological health at work place, assist patients with stable condition in receiving occupational training and services of employment access, and award or subsidize employers for offering employment opportunities.
Article 10
The competent authorities of education at various levels shall promote such matters as psychological health education at all levels of schools, establish mechanisms of student psychological counseling, risk management, and referrals.
The competent authorities at various levels shall assist the promotion and establishment of work mentioned in the preceding paragraph.
The contents of psychological health education in schools at senior high level and below shall be determined by the central competent authority of education in collaboration with the central competent authority.
The competent authorities at various levels shall assist the promotion and establishment of work mentioned in the preceding paragraph.
The contents of psychological health education in schools at senior high level and below shall be determined by the central competent authority of education in collaboration with the central competent authority.
Article 11
The competent authorities of education at all levels shall plan, promote, and assist patients in receiving education of all types at all levels and establishing a friendly and supportive learning environment.
Article 12
The competent authorities of social affairs at all levels shall, by themselves or in combination with private sector resources, plan, promote, and integrate the measures related to social aids and welfare service for chronically ill patients.
Article 13
The central competent authority shall invite and gather mental health professionals, legal experts, patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests, and perform the following matters:
1. Consultation on the policies of promoting the public’s psychological health;
2. Consultation on the institution of mental illness prevention and treatment;
3. Consultation on the planning of resources of mental illness prevention of treatment;
4. Consultation on the research and development of mental illness prevention and treatment;
5. Consultation on the special modalities of treatment for mental illness;
6. Integrating, planning, coordinating, promoting, and facilitating the protection of patient rights and interests of medical care access and the review of infringement on such rights and interests;
7. Other consultation related to mental illness prevention and treatment.
The patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests mentioned in the preceding Paragraph shall comprise at least one third; and either one sex shall not comprise less than one-third of the invited.
1. Consultation on the policies of promoting the public’s psychological health;
2. Consultation on the institution of mental illness prevention and treatment;
3. Consultation on the planning of resources of mental illness prevention of treatment;
4. Consultation on the research and development of mental illness prevention and treatment;
5. Consultation on the special modalities of treatment for mental illness;
6. Integrating, planning, coordinating, promoting, and facilitating the protection of patient rights and interests of medical care access and the review of infringement on such rights and interests;
7. Other consultation related to mental illness prevention and treatment.
The patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests mentioned in the preceding Paragraph shall comprise at least one third; and either one sex shall not comprise less than one-third of the invited.
Article 14
The local competent authorities shall invite and gather mental health professionals, legal experts, patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests, and perform the following matters in their respective jurisdictions:
1. Consultation on the policies of promoting the public’s psychological health;
2. Consultation on the research project of mental illness prevention and treatment;
3. Consultation on the establishment of mental health care institutions;
4. Coordination and review of the petitioned cases regarding the protection of patient rights and interests of medical care access and the review of infringement on such rights and interests;
5. Other consultation related to mental illness prevention and treatment.
The patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests mentioned in the preceding Paragraph shall comprise at least one third of the invited.
1. Consultation on the policies of promoting the public’s psychological health;
2. Consultation on the research project of mental illness prevention and treatment;
3. Consultation on the establishment of mental health care institutions;
4. Coordination and review of the petitioned cases regarding the protection of patient rights and interests of medical care access and the review of infringement on such rights and interests;
5. Other consultation related to mental illness prevention and treatment.
The patients with stable condition, patients’ families, or representatives of organizations advocating for patients’ rights and interests mentioned in the preceding Paragraph shall comprise at least one third of the invited.
Article 15
Matters concerning mandatory hospitalization and community treatment due to mental illness shall be reviewed by the Mental Illness Mandatory Assessment and Community Treatment Review Committee (hereunder referred to in the abbreviation the Review Committee) of the central competent authority.
Members of the Review Committee mentioned in the preceding Paragraph shall include specialist physicians, registered nurses, occupational therapists, psychologists, social workers, representatives of organizations advocating for patients’ rights and interests, legal experts, and other relevant professionals.
While convening a review meeting, the Review Committee may notify the parties or affected persons of the review case to attend for explanation or actively dispatch officers to visit and investigate the parties or affected persons thereof.
The regulation of the composition of the Review Committee, its review procedures, and other matters to be complied with shall be promulgated by the central competent authority.
Members of the Review Committee mentioned in the preceding Paragraph shall include specialist physicians, registered nurses, occupational therapists, psychologists, social workers, representatives of organizations advocating for patients’ rights and interests, legal experts, and other relevant professionals.
While convening a review meeting, the Review Committee may notify the parties or affected persons of the review case to attend for explanation or actively dispatch officers to visit and investigate the parties or affected persons thereof.
The regulation of the composition of the Review Committee, its review procedures, and other matters to be complied with shall be promulgated by the central competent authority.
Article 16
Governments at all levels may, by actual needs, set up or encourage private sectors to establish the following mental health care institutions to provide related health care services:
1. Psychiatric institution: providing chronic and acute psychiatric services;
2. Psychiatric nursing institution: providing shelter care services to chronic patients;
3. Psychological treatment center: providing clinical psychological services to patients;
4. Psychological counseling center: providing psychological counseling services to patients;
5. Mental health rehabilitation institution: providing services related to community mental health rehabilitation.
Regulations governing the establishment, management, and other relevant matters of mental health rehabilitation institutions shall be promulgated by the central competent authority.
1. Psychiatric institution: providing chronic and acute psychiatric services;
2. Psychiatric nursing institution: providing shelter care services to chronic patients;
3. Psychological treatment center: providing clinical psychological services to patients;
4. Psychological counseling center: providing psychological counseling services to patients;
5. Mental health rehabilitation institution: providing services related to community mental health rehabilitation.
Regulations governing the establishment, management, and other relevant matters of mental health rehabilitation institutions shall be promulgated by the central competent authority.
Article 17
The central, municipality, and county (city) competent authorities, and various competent authorities of target enterprises shall designate full-time personnel to perform relevant matters regulated by this Act; the number of personnel shall be adjusted according to the fluctuation of business volume.
If municipality and county (city) competent authorities actually have financial difficulties in funding for the implementation of the business mentioned in the preceding Paragraph, the central government shall provide subsidy, which shall be earmarked for specific purposes.
If municipality and county (city) competent authorities actually have financial difficulties in funding for the implementation of the business mentioned in the preceding Paragraph, the central government shall provide subsidy, which shall be earmarked for specific purposes.
Chapter 3 Protection of Patients and their Rights and Interests
Article 18
The following conducts towards patients are forbidden:
1. Abandonment;
2. Physical and mental maltreatment;
3. Leaving patients incapable of handling daily living themselves in the environment likely to be dangerous and harmful;
4. Forcing or deceiving patients into marriage;
5. Other criminal or unjustified conducts towards patients or performed by using patients.
1. Abandonment;
2. Physical and mental maltreatment;
3. Leaving patients incapable of handling daily living themselves in the environment likely to be dangerous and harmful;
4. Forcing or deceiving patients into marriage;
5. Other criminal or unjustified conducts towards patients or performed by using patients.
Article 19
For one diagnosed or examined by a specialist physician to be a severe patient, a protector shall be designated. The specialist physician shall write a diagnosis certificate and hand it over to the protector.
The protector mentioned in the preceding Paragraph shall, considering the best interests of the severe patient, be one chosen by mutual election among the guardian, the proxy designated by law, spouse, parents, and family members.
In the situation that a severe patient has no protector, the competent authority of the municipality or county (city) where the severe patient’s registered household is located shall otherwise select a proper person, institution, or association as the protector; if the location of registered household is unknown, the competent authority of the municipality or county (city) at which the severe patient’s current domicile (residence) or whereabouts is located shall do the selection accordingly.
Matters concerning the procedure of reporting the protectors, the construction of the list of their names and so on shall be promulgated by the central competent authority.
The protector mentioned in the preceding Paragraph shall, considering the best interests of the severe patient, be one chosen by mutual election among the guardian, the proxy designated by law, spouse, parents, and family members.
In the situation that a severe patient has no protector, the competent authority of the municipality or county (city) where the severe patient’s registered household is located shall otherwise select a proper person, institution, or association as the protector; if the location of registered household is unknown, the competent authority of the municipality or county (city) at which the severe patient’s current domicile (residence) or whereabouts is located shall do the selection accordingly.
Matters concerning the procedure of reporting the protectors, the construction of the list of their names and so on shall be promulgated by the central competent authority.
Article 20
The protector shall take emergency management for those severe patients under critical conditions whose life and body is in imminent danger or a likelihood of danger unless immediate protection or access to medical care is provided.
If the protector of the severe patient cannot take immediate emergency management, the municipality or county (city) competent authority may take such management either by themselves or by entrusting to an institution or association.
Expenses needed for the emergency management mentioned in the preceding Paragraph shall be borne by the severe patient or the persons listed in Paragraph 2 of the preceding Article. If necessary, they may be paid in advance by the municipality or county (city) competent authorities.
After paying the expenses mentioned in the preceding Paragraph, the municipality or county (city) competent authorities may prepare photocopies of payment documents and statement of expense calculation, and in writing exhort the bearer to pay by prescribing a payment period between 10 to 30 days. Cases of any overdue payment may be transferred to courts for compulsory enforcement.
In cases that patients are under critical conditions whose life and body is in imminent danger or a likelihood of danger unless immediate protection or access to medical care is provided, relevant provisions of the preceding three Paragraphs apply mutatis mutandis.
Regulations governing the methods, procedures, and expenses bearing for the emergency management mentioned in the preceding five Paragraphs shall be promulgated by the central competent authority.
If the protector of the severe patient cannot take immediate emergency management, the municipality or county (city) competent authority may take such management either by themselves or by entrusting to an institution or association.
Expenses needed for the emergency management mentioned in the preceding Paragraph shall be borne by the severe patient or the persons listed in Paragraph 2 of the preceding Article. If necessary, they may be paid in advance by the municipality or county (city) competent authorities.
After paying the expenses mentioned in the preceding Paragraph, the municipality or county (city) competent authorities may prepare photocopies of payment documents and statement of expense calculation, and in writing exhort the bearer to pay by prescribing a payment period between 10 to 30 days. Cases of any overdue payment may be transferred to courts for compulsory enforcement.
In cases that patients are under critical conditions whose life and body is in imminent danger or a likelihood of danger unless immediate protection or access to medical care is provided, relevant provisions of the preceding three Paragraphs apply mutatis mutandis.
Regulations governing the methods, procedures, and expenses bearing for the emergency management mentioned in the preceding five Paragraphs shall be promulgated by the central competent authority.
Article 21
Restrictions of a patient’s place of residence or mobility for reasons of medical care, rehabilitation, education and training or employment service and guidance, shall comply with relevant law and performed in a necessary range.
Article 22
Patients’ personality and legitimate rights and interests shall be respected and protected, and may not be discriminated against. For patients under stable conditions, it is not permitted to refuse their access to schooling, examination, employment or implement any other unfair treatment for the reason that they ever suffered from mental illnesses.
Article 23
Repots of communication media may not use any discriminative addressing or descriptions related to mental illness, neither may they produce reports incompatible with the facts or mislead the readers and listeners such that they develop discriminative attitudes against the patients.
Article 24
Without consent by a patient, audio recording, video recording or photographing of the patient may not be performed, and the name or domicile (residence) of the patient may be reported either.
Within the necessary range of protecting the safety of patients, the installation of monitoring devices by mental health care institutions is not subject to the restriction prescribed in the preceding Paragraph, but the patient shall be informed of the situation; in the case of severe patients, their protectors shall be informed.
Within the necessary range of protecting the safety of patients, the installation of monitoring devices by mental health care institutions is not subject to the restriction prescribed in the preceding Paragraph, but the patient shall be informed of the situation; in the case of severe patients, their protectors shall be informed.
Article 25
Hospitalized patients shall enjoy the rights of personal privacy, communication freedom, and receiving visitors; no restriction thereof may be implemented unless for the patient’s disease conditions or medical care needs.
Mental health care institutions shall properly award the patients for whom they arrange to provide services for the sake of care and training needs.
Mental health care institutions shall properly award the patients for whom they arrange to provide services for the sake of care and training needs.
Article 26
Expenses incurred from severe patients’ mandatory hospitalization in accordance with relevant provisions of this Act shall be borne by the central competent authority.
Expenses incurred from severe patients’ mandatory community treatment in accordance with relevant provisions of this Act, if not covered by the National Health Insurance, shall be borne by the central competent authority.
Expenses incurred from severe patients’ mandatory community treatment in accordance with relevant provisions of this Act, if not covered by the National Health Insurance, shall be borne by the central competent authority.
Article 27
Considering the severity of a patient’s illness and their family’s financial condition, the government shall offer proper reduction or waiver of tax that would be paid by the patient or those who raise and support them.
Article 28
Believing that mental health care institutions and their staff infringe on the patients’ rights and interests, patients or their protectors may file complaints in writing to the competent authorities of municipalities or counties (cities) where the mental health care institutions are located.
Regarding the complaints mentioned in the preceding Paragraph, the municipality or county (city) competent authorities shall investigate and process according to the contents of the complaints, and notify the complaining party the situation of the above handling.
Regarding the complaints mentioned in the preceding Paragraph, the municipality or county (city) competent authorities shall investigate and process according to the contents of the complaints, and notify the complaining party the situation of the above handling.
Chapter 4 Assisting Access to Medical Care, Reporting, and Follow-up Protection
Article 29
Protectors or family of patients or persons under conditions as prescribed in Subparagraph 1 of Article 3, shall assist them to get access to medical care.
Upon notice of such persons of the preceding Paragraph or the inappropriate restriction of their freedom, the municipality or county (city) competent authorities shall actively provide assistance to them.
Medical care institutions shall report to the municipality or county (city) competent authorities the data of those who are diagnosed or examined by specialist physicians to be severe patients.
Upon notice of such persons of the preceding Paragraph or the inappropriate restriction of their freedom, the municipality or county (city) competent authorities shall actively provide assistance to them.
Medical care institutions shall report to the municipality or county (city) competent authorities the data of those who are diagnosed or examined by specialist physicians to be severe patients.
Article 30
In case of patients or persons under the conditions as prescribed in Subparagraph 1 of Article 3 in correction agencies, places of rehabilitative disposition, and other institutions or places serving the purposes of detention and probation, the agencies, institutions, or places shall provide medical care or escort them to receive medical care.
In case of persons as prescribed in the preceding Paragraph in the social welfare institutions and other institutions or places that shelter or place persons for long-term living and residence, the institutions or places shall assist them to receive medical care.
In case of persons as prescribed in the preceding Paragraph in the social welfare institutions and other institutions or places that shelter or place persons for long-term living and residence, the institutions or places shall assist them to receive medical care.
Article 31
Upon the discharge of their patients, the agencies, institutions, or places mentioned in the preceding Paragraph shall immediately notify the competent authorities of municipalities or counties (cities) where the domiciles (residence) of the patients are located for them to provide follow-up protection and offer necessary assistance.
Article 32
Police agencies or fire-fighting agencies which, while on duty, find patients or persons under the conditions as prescribed in Subparagraph 1 of Article 3 who harm others or themselves or have the danger of harm, shall inform the local competent authorities and request them to assist management or join management based on needs; unless otherwise provided by law, they should escort the patients or persons to nearby appropriate medical care institution for medical care.
People who find the persons mentioned in the preceding Paragraph shall immediately notify the local police agency or fire-fighting agency.
After the medical care institution mentioned in Paragraph 1 handles the patient appropriately, the patients shall be transferred to the psychiatric institutions designated by the municipality or county (city) competent authorities (hereunder abbreviated as the designated psychiatric institutions) for continuous care.
As soon as the identities of those who are transferred to medical care institutions according the Paragraph 1 are ascertained, the local competent authorities shall immediately notify their families and assist them to receive medical care.
As regards the psychiatric institutions mentioned in Paragraph 3, regulations governing the ways of designation, qualifications and conditions, management, designation of specialist physicians, and other matters to be complied with, shall be promulgated by the central competent authority.
People who find the persons mentioned in the preceding Paragraph shall immediately notify the local police agency or fire-fighting agency.
After the medical care institution mentioned in Paragraph 1 handles the patient appropriately, the patients shall be transferred to the psychiatric institutions designated by the municipality or county (city) competent authorities (hereunder abbreviated as the designated psychiatric institutions) for continuous care.
As soon as the identities of those who are transferred to medical care institutions according the Paragraph 1 are ascertained, the local competent authorities shall immediately notify their families and assist them to receive medical care.
As regards the psychiatric institutions mentioned in Paragraph 3, regulations governing the ways of designation, qualifications and conditions, management, designation of specialist physicians, and other matters to be complied with, shall be promulgated by the central competent authority.
Article 33
In order to facilitate the provision of emergency management to protect safety of the lives and properties of the public, the competent authorities, police agencies, and fire-sighting agencies may request the telecommunication enterprises’ cooperation in displaying automatically the numbers and locations of incoming calls when setting up special outward service lines.
When agencies mentioned in the preceding Paragraph learn that the callers harm others or themselves or have the danger of harm, the agencies may contact for asking the telecommunication enterprises to provide the address of the person’s location and other information relevant to rescue and care; the telecommunication enterprises may not refuse.
Personnel in charge of the work mentioned in the two preceding Paragraphs shall keep confidential and may not disclose the operational procedures and contents of information learned thereby.
When agencies mentioned in the preceding Paragraph learn that the callers harm others or themselves or have the danger of harm, the agencies may contact for asking the telecommunication enterprises to provide the address of the person’s location and other information relevant to rescue and care; the telecommunication enterprises may not refuse.
Personnel in charge of the work mentioned in the two preceding Paragraphs shall keep confidential and may not disclose the operational procedures and contents of information learned thereby.
Article 34
When a patient leaves the mental health care institution without permission, the institution shall immediately notify the protector; if the patient’s whereabouts is unknown, it shall immediately report to the local police agency.
When the police agency finds the patient leaving the institution without permission as mentioned in the preceding Paragraph, it shall notify the original institution and assist transferring the patient back.
When the police agency finds the patient leaving the institution without permission as mentioned in the preceding Paragraph, it shall notify the original institution and assist transferring the patient back.
Chapter 5 Tasks of Psychiatric Medical Care
Article 35
The psychiatric care for patients shall adopt the following measures considering the severity of their illness and danger of harm:
1. Outpatient service;
2. Emergency service;
3. Full day admission;
4. Hospital day care;
5. Community psychiatric rehabilitation;
6. Home care;
7. Other methods of care.
The methods and recognition standards of home care mentioned in the preceding Paragraph shall be promulgated by the central competent authority.
1. Outpatient service;
2. Emergency service;
3. Full day admission;
4. Hospital day care;
5. Community psychiatric rehabilitation;
6. Home care;
7. Other methods of care.
The methods and recognition standards of home care mentioned in the preceding Paragraph shall be promulgated by the central competent authority.
Article 36
As patients are treated or hospitalized, psychiatric institutions shall explain to patients and or their protectors matters related to the illness conditions, treatment policies, aspects of prognosis, reasons for hospitalization, rights entitled to by the patients and their protectors, and so on.
Article 37
In order to protect the safety of patients, psychiatric institutions may restrict the patients’ geographical range of activities after informing the patients.
For medical purposes or the prevention of emergency violent incidents, suicide or self-injury events, psychiatric institutions may restrain patients’ bodies or limit their freedom of activities to specific protection facilities, and they shall assess the patients regularly without above measures exceeding the necessary duration of time.
For the prevention of emergency violent incidents, suicide or self-injury events, mental health care institutions other than psychiatric institutions may restrain patients’ bodies and immediately escort them to get access to medical care.
The physical restraint and limitation of activity freedom mentioned in the preceding two Paragraphs shall not be implemented through criminal restraint instruments and other unjustified means.
For medical purposes or the prevention of emergency violent incidents, suicide or self-injury events, psychiatric institutions may restrain patients’ bodies or limit their freedom of activities to specific protection facilities, and they shall assess the patients regularly without above measures exceeding the necessary duration of time.
For the prevention of emergency violent incidents, suicide or self-injury events, mental health care institutions other than psychiatric institutions may restrain patients’ bodies and immediately escort them to get access to medical care.
The physical restraint and limitation of activity freedom mentioned in the preceding two Paragraphs shall not be implemented through criminal restraint instruments and other unjustified means.
Article 38
When patients are in stable conditions or recover and continuous hospitalization is no longer needed, psychiatric institutions shall notify the patients or their protectors for going through discharge formalities, and shall not detain the patients without reasons.
Before the discharge of patients, psychiatric institutions shall assist patients and their protectors in formulating concrete feasible plans for rehabilitation, referral, placement, and follow-up.
The municipality and county (city) competent authorities shall establish a 24-hour mechanism for emergency psychiatric management in their jurisdictions to assist in medical care matters of escorting patients to get access to medical care and emergency placement.
Before the discharge of patients, psychiatric institutions shall assist patients and their protectors in formulating concrete feasible plans for rehabilitation, referral, placement, and follow-up.
The municipality and county (city) competent authorities shall establish a 24-hour mechanism for emergency psychiatric management in their jurisdictions to assist in medical care matters of escorting patients to get access to medical care and emergency placement.
Article 39
The central competent authority shall award mental health related institutions and associations for their engagement in services of patients’ community care, support, rehabilitation, and so on.
Regulations governing the qualifications and conditions, service contents, operational methods, management, and awards to the service institutions, associations mentioned in the preceding Paragraph, shall be promulgated by the central competent authority in collaboration with the central competent authorities of social affairs, labor, and education.
Regulations governing the qualifications and conditions, service contents, operational methods, management, and awards to the service institutions, associations mentioned in the preceding Paragraph, shall be promulgated by the central competent authority in collaboration with the central competent authorities of social affairs, labor, and education.
Article 40
The municipality and county (city) competent authorities may, by themselves or by entrusting relevant professional institutions and associations, assess patients’ needs of care and on the basis of need refer the patients to appropriate institutions or associations for services; the severe patients reported in accordance with provisions of Paragraph 3, Article 29, shall be provided with services of community care, support, rehabilitation, and so on.
Article 41
Regarding severe patients harming others or themselves or having the danger of harm, who have been diagnosed by specialist physicians such that it is necessary for them to be hospitalized full day, their protectors shall assist the severe patients to go to psychiatric institutions for going through hospitalization formalities.
When the severe patients mentioned in the preceding Paragraph refuse to accept full day hospitalization, the municipality and county (city) competent authorities may designate psychiatric institutions to enforce emergency placement and assign them to more than two specialist physicians designated by the municipality or county (city) competent authorities for mandatory examination. However, in offshore islands, the mandatory examination may be conducted by one specialist physician.
When there is still necessity of full day hospitalization according to the result of the mandatory examination mentioned in the preceding Paragraph, and when asked for their opinions the severe patients still refuse to accept hospitalization or are unable to express their decisions, the designated psychiatric institutions shall immediately fill out the mandatory hospitalization basic information and reporting sheets, attach documents of the opinions of the severe patients and their protectors and other relevant diagnosis certificates, and file application to the Review Committee for its permission of mandatory hospitalization; the decision of whether mandatory hospitalization is approved shall be served to the severe patients and their protectors.
The emergency placement in Paragraph 2 and application for permission of mandatory hospitalization in the preceding Paragraph shall be performed by the designated psychiatric institutions entrusted by the municipality and county (city) competent authorities; regulations governing the procedures, necessary documents, other matters to be complied with for emergency placement and the application of mandatory hospitalization shall be promulgated by the central competent authority.
When the severe patients mentioned in the preceding Paragraph refuse to accept full day hospitalization, the municipality and county (city) competent authorities may designate psychiatric institutions to enforce emergency placement and assign them to more than two specialist physicians designated by the municipality or county (city) competent authorities for mandatory examination. However, in offshore islands, the mandatory examination may be conducted by one specialist physician.
When there is still necessity of full day hospitalization according to the result of the mandatory examination mentioned in the preceding Paragraph, and when asked for their opinions the severe patients still refuse to accept hospitalization or are unable to express their decisions, the designated psychiatric institutions shall immediately fill out the mandatory hospitalization basic information and reporting sheets, attach documents of the opinions of the severe patients and their protectors and other relevant diagnosis certificates, and file application to the Review Committee for its permission of mandatory hospitalization; the decision of whether mandatory hospitalization is approved shall be served to the severe patients and their protectors.
The emergency placement in Paragraph 2 and application for permission of mandatory hospitalization in the preceding Paragraph shall be performed by the designated psychiatric institutions entrusted by the municipality and county (city) competent authorities; regulations governing the procedures, necessary documents, other matters to be complied with for emergency placement and the application of mandatory hospitalization shall be promulgated by the central competent authority.
Article 42
The duration of emergency placement shall not exceed five days and the attention shall be paid to the protection of rights and interests of severe patients and the engagement in necessary treatment; mandatory examination shall be completed in two days counted from the date of emergency placement. The emergency placement shall be terminated when shown by the examination there is no necessity of mandatory hospitalization or when the permission of mandatory hospitalization is not obtained in the aforementioned five-day duration.
The duration of mandatory hospitalization may not exceed sixty days; however, it may be extended, if the examinations by two or more specialist physicians designated by the municipality or county (city) competent authorities find the extension necessary and the case is reported to and granted permission by the Review Committee. The duration of extension is limited to sixty days each time. During the period of mandatory hospitalization, if the conditions of the severe patients improve and the continuity of mandatory hospitalization is no longer necessary, the designated psychiatric institutions shall immediately go through the discharge formalities for them and notify immediately the municipality or county (city) competent authorities. On the expiration date of the mandatory hospitalization or as the Review Committee finding it unnecessary to continue mandatory hospitalization, the same rule applies.
The severe patients subject to emergency placement or mandatory hospitalization or their protectors may petition the court for the ruling of ceasing the emergency placement or mandatory hospitalization. Those severe patients or their protectors who refuse to accept the rulings may appeal within 10 days counted from the date the ruling is served. No further appeal may be filed against the appeal court’s ruling. During the period of petitioning and appealing, the emergency placement or mandatory hospitalization of the severe patients may continue.
During the periods of petitioning and appealing mentioned in the preceding Paragraph, if the court decides that there is necessity of protecting the severe patients’ rights and interests it may rule for a certain preliminary emergency management. No appeal may be taken against the ruling of emergency management.
Public interests associations for the promotion of patients’ rights recognized by the central competent authority may conduct case monitoring and review of mandatory treatment and emergency placement; if they find events of impropriety, applying the provisions of Paragraph 3 mutatis mutandis they shall immediately notify the individual competent authorities with jurisdiction to take improvement measures, and based on the consideration of the best interests of severe patients they may petition the court for the ruling of ceasing the emergency placement or mandatory hospitalization.
The petitions in Paragraph 3 and the applications in Paragraph 3 of the preceding Article may be filed by means of electronic transmissions, fax facsimile, or other scientific and technological equipment.
The duration of mandatory hospitalization may not exceed sixty days; however, it may be extended, if the examinations by two or more specialist physicians designated by the municipality or county (city) competent authorities find the extension necessary and the case is reported to and granted permission by the Review Committee. The duration of extension is limited to sixty days each time. During the period of mandatory hospitalization, if the conditions of the severe patients improve and the continuity of mandatory hospitalization is no longer necessary, the designated psychiatric institutions shall immediately go through the discharge formalities for them and notify immediately the municipality or county (city) competent authorities. On the expiration date of the mandatory hospitalization or as the Review Committee finding it unnecessary to continue mandatory hospitalization, the same rule applies.
The severe patients subject to emergency placement or mandatory hospitalization or their protectors may petition the court for the ruling of ceasing the emergency placement or mandatory hospitalization. Those severe patients or their protectors who refuse to accept the rulings may appeal within 10 days counted from the date the ruling is served. No further appeal may be filed against the appeal court’s ruling. During the period of petitioning and appealing, the emergency placement or mandatory hospitalization of the severe patients may continue.
During the periods of petitioning and appealing mentioned in the preceding Paragraph, if the court decides that there is necessity of protecting the severe patients’ rights and interests it may rule for a certain preliminary emergency management. No appeal may be taken against the ruling of emergency management.
Public interests associations for the promotion of patients’ rights recognized by the central competent authority may conduct case monitoring and review of mandatory treatment and emergency placement; if they find events of impropriety, applying the provisions of Paragraph 3 mutatis mutandis they shall immediately notify the individual competent authorities with jurisdiction to take improvement measures, and based on the consideration of the best interests of severe patients they may petition the court for the ruling of ceasing the emergency placement or mandatory hospitalization.
The petitions in Paragraph 3 and the applications in Paragraph 3 of the preceding Article may be filed by means of electronic transmissions, fax facsimile, or other scientific and technological equipment.
Article 43
Specialist physicians with one of the following Subparagraphs’ conditions may not conduct the examinations as prescribed in Paragraph 2 of Article 41 and Paragraphs 1 and 2 of the preceding Article:
1. they themselves are patients;
2. they are protectors or interested persons of the patient.
1. they themselves are patients;
2. they are protectors or interested persons of the patient.
Article 44
When necessary, the central, municipality, and county (city) competent authorities may scrutinize the practices of mandatory hospitalization performed by the designated psychiatric institutions, or order them to provide reports of relevant practices. The designated psychiatric institutions may not refuse.
The central, municipality, and county (city) competent authorities may entrust relevant institutions or associations to conduct the review of reports and scrutiny of the practices mentioned in the preceding Paragraph.
The central, municipality, and county (city) competent authorities may entrust relevant institutions or associations to conduct the review of reports and scrutiny of the practices mentioned in the preceding Paragraph.
Article 45
When severe patients do not comply with medical orders and as a result their illness conditions becomes unstable or there is danger of regression of their daily functions, and have been diagnosed by specialist physicians to be in the necessity of receiving community treatment, their protectors shall assist the severe patients to receive community treatment.
When the severe patients of the preceding Paragraph refuse to accept community treatment and the specialist physicians designated by the municipality or county (city) competent authorities diagnose that community treatment still is necessary, and the severe patients refuse to accept community treatment or are unable to express their decisions, the designated psychiatric institutions shall immediately fill out the mandatory community treatment basic information and reporting sheets, attach documents of the opinions of the severe patients and their protectors and other relevant diagnosis certificates, and file application in advance to the Review Committee for its permission of mandatory community treatment; the decision of whether mandatory community treatment is approved shall be served to the severe patients and their protectors.
The duration of mandatory community treatment shall not exceed six months; however, it may be extended, if the examinations by one specialist physician designated by the municipality or county (city) competent authorities find the extension necessary and the case is reported to and granted permission by the Review Committee. The duration of extension is limited to one year each time. During the period of mandatory community treatment, if the conditions of the severe patients improve and the continuity of mandatory community treatment is no longer necessary, the institutions and associations performing mandatory community treatment shall immediately cease mandatory community treatment and notify immediately the municipality or county (city) competent authorities. On the expiration date of the mandatory community treatment or as the Review Committee finding it unnecessary to continue mandatory community treatment, the same rule applies.
Public interests associations for the promotion of patients’ rights recognized by the central competent authority may conduct case monitoring and review of mandatory community treatment; if they find events of impropriety, applying the provisions of Paragraph 3 mutatis mutandis they shall immediately notify the individual competent authorities with jurisdiction to take improvement measures.
The applications in Paragraph 2 may be filed by means of electronic transmissions, fax facsimile, or other scientific and technological equipment.
When the severe patients of the preceding Paragraph refuse to accept community treatment and the specialist physicians designated by the municipality or county (city) competent authorities diagnose that community treatment still is necessary, and the severe patients refuse to accept community treatment or are unable to express their decisions, the designated psychiatric institutions shall immediately fill out the mandatory community treatment basic information and reporting sheets, attach documents of the opinions of the severe patients and their protectors and other relevant diagnosis certificates, and file application in advance to the Review Committee for its permission of mandatory community treatment; the decision of whether mandatory community treatment is approved shall be served to the severe patients and their protectors.
The duration of mandatory community treatment shall not exceed six months; however, it may be extended, if the examinations by one specialist physician designated by the municipality or county (city) competent authorities find the extension necessary and the case is reported to and granted permission by the Review Committee. The duration of extension is limited to one year each time. During the period of mandatory community treatment, if the conditions of the severe patients improve and the continuity of mandatory community treatment is no longer necessary, the institutions and associations performing mandatory community treatment shall immediately cease mandatory community treatment and notify immediately the municipality or county (city) competent authorities. On the expiration date of the mandatory community treatment or as the Review Committee finding it unnecessary to continue mandatory community treatment, the same rule applies.
Public interests associations for the promotion of patients’ rights recognized by the central competent authority may conduct case monitoring and review of mandatory community treatment; if they find events of impropriety, applying the provisions of Paragraph 3 mutatis mutandis they shall immediately notify the individual competent authorities with jurisdiction to take improvement measures.
The applications in Paragraph 2 may be filed by means of electronic transmissions, fax facsimile, or other scientific and technological equipment.
Article 46
Items of mandatory community treatment are listed below, some of which may be combined in implementation:
1. Pharmaceutical therapy;
2. Testing of pharmaceutical concentrations in blood or urine;
3. Screening for alcohol or other addictive substances;
4. Other measures that can prevent deterioration of illness conditions or can promote patients’ life-adapting functions.
Mandatory community treatment may be performed without informing the severe patients; and, if necessary, the police agencies or fire-fighting agencies may be contacted and asked for assistance in the execution.
Regulations governing the diagnosis conditions of severe patients, methods, application procedures, necessary documents, qualifications and conditions of the performing institutions and associations, management, and other matters to be complied with for the mandatory community treatment as mentioned in Paragraph 1, shall be promulgated by the central competent authority.
1. Pharmaceutical therapy;
2. Testing of pharmaceutical concentrations in blood or urine;
3. Screening for alcohol or other addictive substances;
4. Other measures that can prevent deterioration of illness conditions or can promote patients’ life-adapting functions.
Mandatory community treatment may be performed without informing the severe patients; and, if necessary, the police agencies or fire-fighting agencies may be contacted and asked for assistance in the execution.
Regulations governing the diagnosis conditions of severe patients, methods, application procedures, necessary documents, qualifications and conditions of the performing institutions and associations, management, and other matters to be complied with for the mandatory community treatment as mentioned in Paragraph 1, shall be promulgated by the central competent authority.
Article 47
For the needs to treating mental illness, after designing a protocol which is then proposed to, collaboratively reviewed and approved by relevant medical science and technology workers, legal experts, and social workers, teaching hospitals may perform the specific treatment modalities list below:
1. Psychiatric surgical operations;
2. Other special treatments modalities promulgated by the central competent authority.
1. Psychiatric surgical operations;
2. Other special treatments modalities promulgated by the central competent authority.
Article 48
When in the period of performing the special treatment modalities mentioned in the preceding Article, the teaching hospitals shall submit treatment reports to the central competent authority; if the central competent authority finds any danger to safety, the teaching hospitals shall immediately terminate the said treatments.
Article 49
Under patients’ emergency conditions and with one specialist physician’s recognition of necessity and after obtaining consent pursuant to Article 50, psychiatric institutions may perform the following treatment modalities:
1. Electroconvulsive therapy;
2. Other special treatments modalities promulgated by the central competent authority.
1. Electroconvulsive therapy;
2. Other special treatments modalities promulgated by the central competent authority.
Article 50
Psychiatric institutions performing the treatment modalities mentioned in Article 47 and the preceding Article shall exercise the medical duty of care in good faith and only after explanation and obtaining consent in writing pursuant to the following provisions may they perform the treatment modalities:
1. If the patents are adults, consent shall be made by them. However, in the case of severe patients, consent may be made only by their protectors.
2. If the patients are minors under seven years of age, consent shall be made by their proxy designated by law.
3. If the patients are minors above seven years of age, consent shall be made by them and the proxy designated by law. However, in the case of severe patients, consent may be made only by their protectors.
1. If the patents are adults, consent shall be made by them. However, in the case of severe patients, consent may be made only by their protectors.
2. If the patients are minors under seven years of age, consent shall be made by their proxy designated by law.
3. If the patients are minors above seven years of age, consent shall be made by them and the proxy designated by law. However, in the case of severe patients, consent may be made only by their protectors.
Chapter 6 Penalty Provisions
Article 51
Teaching hospitals violating any provision of Article 47 or Article 48 or psychiatric institutions violating any provision of Article 49 or Article 50, shall be fined between NT$ sixty thousand and three hundred thousand; in the case of severe violations, business suspension, ranging between one month and one year, may be additionally imposed.
Non-teaching hospitals conducting the special treatments mentioned in Article 47 shall be fined between NT$ two hundred thousand and one million; in the case of severe violations, business suspension for a period ranging between one month and one year, or annulment of practice license shall be imposed additionally.
Non-teaching hospitals conducting the special treatments mentioned in Article 47 shall be fined between NT$ two hundred thousand and one million; in the case of severe violations, business suspension for a period ranging between one month and one year, or annulment of practice license shall be imposed additionally.
Article 52
Communication media violating the provisions of Article 23 shall be fined between NT$ one hundred thousand and five hundred thousand and be requested to make correction within a specified period of time; if correction is not made in due time, penalties shall be imposed per occurrence consecutively.
Article 53
In the case of violating provisions of Paragraphs 1 and 2 of Article 30, the persons in charge shall be fined between NT$ six thousand and thirty thousand.
Article 54
For any of the violations listed below, a fine ranging between NT$ thirty thousand and one hundred fifty thousand shall be imposed, and corrections be made within a specified period of time; if correction is not made in due time or in the case of severe violations, business suspension, ranging between one month and one year, or annulment of practice license shall be imposed additionally:
1. Mental health rehabilitation institutions violating provisions relevant to establishment and management of regulations pursuant to Paragraph 2, Article 16;
2. Psychiatric institutions enforcing emergency placement or mandatory hospitalization of patients without complying with the procedures prescribed in Paragraphs 2 or 3 of Article 41 or Article 42;
3. Psychiatric institutions enforcing mandatory community treatment of patients without complying with the diagnosis or application procedures prescribed in Article 45;
4. Mental health care institutions violating provisions of Article 37.
1. Mental health rehabilitation institutions violating provisions relevant to establishment and management of regulations pursuant to Paragraph 2, Article 16;
2. Psychiatric institutions enforcing emergency placement or mandatory hospitalization of patients without complying with the procedures prescribed in Paragraphs 2 or 3 of Article 41 or Article 42;
3. Psychiatric institutions enforcing mandatory community treatment of patients without complying with the diagnosis or application procedures prescribed in Article 45;
4. Mental health care institutions violating provisions of Article 37.
Article 55
For those violating any provisions of Article 22, Article 24, Article 25, Paragraph 3 of Article 29, paragraph 1 of Article 34, or Article 38, a fine ranging between NT$ thirty thousand and one hundred fifty thousand shall be imposed.
Article 56
For those violating provisions of Paragraph 3 of Article 33, a fine ranging between NT$ twenty thousand and one hundred thousand shall be imposed.
Article 57
Those violating any of the provisions of subparagraphs of Article 18 shall be fined between NT$ thirty thousand and one hundred fifty thousand and their names may be announced.
Protectors of patients violating provisions of subparagraphs of Article 18 shall be fined according to the preceding Paragraph, in addition, the municipality or county (city) competent authorities may order them to receive counseling education ranging between eight and fifty hours, which are arranged by the municipality or country (city) competent authorities of social affairs, and charge necessary fees; local autonomy regulations regarding fees charged shall be promulgated by the municipality or country (city) competent authorities of social affairs.
For those who refuse to receive counseling education prescribed in the preceding Paragraph or those whose hours of education are not sufficient, a fine ranging between NT$ three thousand and fifteen thousand shall be imposed; those who still refuse to receive counseling education even after further notification, shall be fined consecutively per occurrence until they participate.
Protectors of patients violating provisions of subparagraphs of Article 18 shall be fined according to the preceding Paragraph, in addition, the municipality or county (city) competent authorities may order them to receive counseling education ranging between eight and fifty hours, which are arranged by the municipality or country (city) competent authorities of social affairs, and charge necessary fees; local autonomy regulations regarding fees charged shall be promulgated by the municipality or country (city) competent authorities of social affairs.
For those who refuse to receive counseling education prescribed in the preceding Paragraph or those whose hours of education are not sufficient, a fine ranging between NT$ three thousand and fifteen thousand shall be imposed; those who still refuse to receive counseling education even after further notification, shall be fined consecutively per occurrence until they participate.
Article 58
For psychiatric institutions violating relevant provisions of this Act, the penalties prescribed in Article 51, Article 54 and Article 55 shall be imposed; in addition, the actors shall be fined according to each respective Article.
Article 59
The fines prescribed in this Act, in the case of private mental health care institutions, shall be imposed on the in-charge physicians or persons. However, if the actor on whom additional penalty is imposed in the case of mental health care institution is the same as the one in the above case, no separate penalty will be imposed.
Article 60
The fines, business suspension, and annulment of practice license prescribed in this Act, other than the conditions below, shall be imposed by the municipality or county (city) competent authorities:
1. The fine prescribed in Paragraph 1 of Article 51 shall be disposed by the central competent authority.
2. Article 52 may be imposed by the central, municipality, or county (city) competent authorities.
1. The fine prescribed in Paragraph 1 of Article 51 shall be disposed by the central competent authority.
2. Article 52 may be imposed by the central, municipality, or county (city) competent authorities.
Chapter 7 Supplementary Provisions
Article 61
For the mandatory hospitalization according to provisions before the enforcement of the Act’s statutes amended on June 5th, 2007, the designated psychiatric institutions shall submit to the Review Committee applications for continuous mandatory hospitalization within two months after the date of enforcement.
Article 62
The enforcement rules of this Act shall be promulgated by the central competent authority.
Article 63
This Act shall come into force one year after the promulgation.