Criteria for Involuntary Admission
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.