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Date of Publication Diagnoses Legally Defined Medical Protective Admission Emergency Admission Need to treat Danger to self Impairment of judgment Risk to self Risk to others Risk to society/public order Shanghai 2002 Mental illness Yes ND Lack of insight Yes Yes Yes Ningbo* 2006 Mental illness Yes ND Cannot comprehend or control behavior – – – Hangzhou* 2007 Mental illness Yes ND Cannot comprehend or control behavior – – – Beijing 2007 Severe mental illness ND ND Cannot comprehend mental health condition, perceive external reality, or control behavior No Yes Yes Wuxi 2007 Severe mental illness ND ND Cannot comprehend mental health condition, perceive external reality, or control behavior No Yes Yes Wuhan* 2010 Mental illness Yes ND Cannot comprehend or control behavior – – – Shenzhen 2012 Mental illness Yes ND Cannot comprehend or control behavior Yes Yes Yes Draft 1 Jun 2011 Mental illness No Yes Cannot comprehend or control behavior No Yes Yes Draft 2 Oct 2001 Severe mental illness Yes Yes Cannot comprehend mental health condition, perceive external reality, or manage personal affairs No Yes No National Law 2012 Severe mental illness No Yes Cannot comprehend mental health condition, perceive external reality, or manage personal affairs No Yes No ND, not defined.
↵* In Ningbo, Hangzhou, and Wuhan, there are no clear legal regulations for emergency admission. Mentally ill patients who are deemed a danger to others or society can only be detained if the dangerous behavior constitutes a criminal offense. In that situation, a compulsory admission is initiated by the police after a forensic psychiatric evaluation.
Shanghai Ningbo Hangzhou Beijing Wuxi Wuhan Shenzhen Draft 1 Draft 2 National Law Medical protective admission Initial assessment Attending psychiatrist Psychiatrist Psychiatrist Psychiatrist (2 years' experience) Psychiatrist Psychiatrist Attending psychiatrist Psychiatrist Psychiatrist Psychiatrist Deciding authority Guardian Guardian Guardian Guardians or next of kin Guardian Guardian Guardian Guardian or next of kin Guardian or next of kin Guardian Maximum length ND ND ND ND ND ND ND ND ND ND Reassessment Monthly ND ND ND ND ND ND ND ND ND Emergency admission Initial assessment Two psychiatrists (1 attending psychiatrist) – – Two attending psychiatrists Two attending psychiatrists – Attending psychiatrists Two psychiatrists Two psychiatrists Psychiatrist Deciding authority – – – Police Yes – – Yes Yes – Yes Yes No No Affiliated units Yes – – No Yes – No No Yes Yes Neighborhood/villager committees Yes – – No No – No No Yes Yes Maximum detention 72 h – – ND ND – ND 72 h ND ND Review process Stage I Confirm the diagnosis Yes Yes Yes Yes Yes Yes ND ND ND ND Confirm the necessity for admission ND ND ND ND ND ND Yes Yes Yes Yes* Confirmation of the diagnosis by another mental health institution ND ND ND ND ND ND Yes Yes Yes* Yes* Maximum wait for review 6 mo 6 mo 1 mo 3 mo 3 mo 1 mo 5 d 5 d 5 d ND Stage II Review by forensic psychiatrist Yes ND ND ND ND ND Yes Yes Yes Yes* Reassessment ND ND ND ND ND ND ND ND Yes ND Maximum wait for review ND ND ND ND ND ND ND 7 d 5 d ND ND, not defined.
↵* For patients with risk to others.
