Regulations of Shanghai Municipality on Mental Hygiene

Regulations of Shanghai Municipality on Mental Hygiene

Announcement of Standing Committee of the Shanghai Municipal People' s Congress No.61

December 28, 2001

The Regulations of Shanghai Municipality on Mental Hygiene have been adopted on December 28, 2001 at the 35th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress, are hereby promulgated and come into force on April 7, 2002.

Regulations of Shanghai Municipality on Mental Hygiene
(Adopted on December 28, 2001 at the 35th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress)

Chapter I General Provisions
　
Article 1 In order to strengthen the mental hygiene work, safeguard the legitimate rights and interests of mental patients and raise the psychological health level of citizens, these Regulations are formulated in accordance with the actual circumstances of this Municipality.
　
Article 2 These Regulations apply to psychological health consultation and mental hygiene services such as prevention, treatment and rehabilitation of mental diseases and the relevant administration activities in the Municipality' s administrative areas.
　
Article 3 The municipal and district/county people' s governments shall incorporate the mental hygiene work in the national economy and social development plans of their respective areas, provide funds and other material guarantee, establish and perfect the networks of mental hygiene services, and push forward the development of mental hygiene undertakings.
　
Article 4 The municipal public health administrative department is the competent authority of the Municipality' s mental hygiene work, responsible for organizing the implementation of these Regulations. The district/county public health administrative departments are the competent authorities of mental hygiene work within their respective administrative area. The administrative departments of civil affairs, public security, judiciary, education, finance, labor security, medical insurance and personnel, as well as the handicapped persons' federation and other mass organizations shall, according to their respective duties, coordinate in implementing these Regulations.
　
Article 5 The mental hygiene work shall carry out the principles of government leadership, social participation, prevention first, and combination of prevention with treatment.
　
Article 6 The civil rights and personal dignity of mental patients are protected by law. It is forbidden to discriminate against, insult, maltreat or desert mental patients.
Mental patients have the right to have access to mental hygiene services.
Medical institutions, psychological health consulting institutions and relevant working personnel shall protect the privacy of mental patients and those asking for psychological health consultation.
　
Article 7 Mental hygiene centers, psychiatric hospitals, and mental convalescent homes (hereinafter jointly referred to as mental hygiene medical institutions) shall be set up in line with the planning and standard of establishment of medical institutions.
Sub-district offices and those town and township people' s governments, that are permitted by conditions shall set up work-treatment stations and day-care rehabilitation stations (hereinafter jointly referred to as community rehabilitation institutions) with nature of social welfare, to provide mental patients with nearby convalescent establishments.
　
Article 8 Mental practitioners, mental registered nurses, clinical psychologists and mental health social workers (hereinafter jointly referred to as mental hygiene professionals) shall obtain qualification certificates after examination as required by relevant stipulations of the State and the Municipality before they are allowed to be engaged in mental hygiene services.
The legitimate rights and interests of mental hygiene professionals are protected by law.
　
Article 9 Units and individual persons are encouraged to make donations to the mental hygiene undertakings.
Citizens are encouraged to participate in the work of community convalescent institutions on a voluntary basis, rendering assistance to mental patients' treatment, convalescence and return to society.

Chapter II Psychological Health Consultation and Prevention of Mental Diseases
　
Article 10 Relevant scientific research institutes, universities and colleges, and medical institutions shall strengthen the basic and clinical research of prevention, treatment and recovery of mental diseases to raise the level of mental hygiene services.
　
Article 11 Third-grade comprehensive medical institutions and community health service centers shall set up mental outpatient services or psychological health consulting clinics; second-grade comprehensive medical institutions may, according to the demand of mental hygiene service, set up mental outpatient services or psychological health consulting clinics.
The municipal public health administrative department shall create conditions for non-mental practitioners to receive knowledge and education on mental diseases, and improve their ability of identifying mental diseases.
　
Article 12 Schools shall incorporate psychological health education into the overall education work, be staffed with teachers, carry out psychological health education and provide students with psychological health consulting services.
　
Article 13 Judiciary administrative departments shall create conditions to provide psychological health consulting services to the persons serving their terms in prison.
　
Article 14 Any person who sets up a commercial psychological health consulting institution shall apply to the industrial and commercial administrative department for going through registration formalities and taking out a business license.
Any person who sets up a non-commercial psychological health consulting institution shall register with the civil affairs department and take out the Register Certificate of Non-Enterprise Unit Run by Local People.
The psychological health consulting institution to be set up shall be staffed by psychological health consultants appropriate to the institution.
　
Article 15 Personnel engaged in psychological health consulting service shall conform to the professional qualification requirements stipulated by the municipal public health administrative department and obtain the qualification certificate after passing examination before they are allowed to be engaged in such service.
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