Goto Main Content
:::

Chapter Law Content

Title: Mental Health Act CH
Category: Ministry of Health and Welfare(衛生福利部)
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.
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.
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.
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.
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.
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.
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.
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.
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.