Chapter 3 Protection of Patients and their Rights and Interests
The following conducts towards patients are forbidden:
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.