Psychiatric hospitalization is voluntary in principle; only two situations allow it without the person’s consent

A family member or workplace cannot keep someone in a psychiatric hospital with one sentence. The law recognizes only two situations, and only after a diagnosis of serious mental disorder: the person has harmed themselves or is at that risk, or has endangered others or is at that risk. The first still needs guardian consent for admission. For the second, if there is objection, a second diagnosis can be demanded within three days, and afterward an independent appraisal can be commissioned.

Cost

No money. Memorize the two situations so you can say them when needed.

Benefit

Article 30 of the Mental Health Law (精神卫生法) states that “hospitalization for mental disorders follows the voluntary principle.” Inpatient treatment shall be given only when diagnosis and assessment show a serious mental disorder and one of the following applies. The first is “harm to self has already occurred, or there is a risk of harm to self.” The second is “harm to others’ safety has already occurred, or there is a risk of harm to others’ safety.” Article 31: for the first situation, the facility carries out inpatient treatment only with guardian consent; without it, it must not. Article 32: for the second situation, if the person or guardian objects, a second diagnosis may be demanded within three days of receiving the diagnostic conclusion, by two psychiatrists other than those who made the first diagnosis; if there is still objection to the second diagnosis, the person may independently commission a licensed appraisal body for a medical appraisal of mental disorder. Article 35: if the second diagnosis or appraisal report cannot confirm a serious mental disorder, or shows the patient does not need inpatient treatment, the facility must not hospitalize them. Article 78: intentionally sending a person who does not have a mental disorder into a medical facility as a mental-disorder patient incurs liability for damages (nationwide, in force from 1 May 2013, amended 2018)

Notes

The reverse is also true: it is not that no one can ever be taken for care. Article 28 says that if a person suspected of a mental disorder has already harmed themselves or others’ safety, or is at that risk, close relatives, the workplace, or the local public security organ shall take immediate measures to stop it and send the person to a medical facility for mental-disorder diagnosis. A facility that receives such a referral must not refuse to make a diagnosis. So “sent for diagnosis” and “kept as an inpatient” are two doors; the first is lower, the second higher. Article 75 lists facility duties; improper restraint or isolation, or diagnosing a person without a mental disorder as having one, can bring discipline up to revocation of the practice certificate. What to do when someone nearby has an urge to hurt others is in Section 8.

Sources · 1

1. 中华人民共和国精神卫生法（2018 年修正，第三十条、第三十一条、第三十二条、第三十五条、第七十八条）. flk.npc.gov.cn/detail?id=2c909fdd678bf1790167…