Implementing Regulations of Mental Health Care Law

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  • (1/1): There shall be a suspicion that the patient suffers from a mental disorder until a medical decision is issued confirming or denying that.

 

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  • (1/3): The rewards for committee members are determined according to what is stated in the regulations of the joint governmental committees and the organization of their work.

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  • (1/4): The supervision of local monitoring councils shall be as follows: 

    • A- Local monitoring councils are administratively and technically linked to the General Monitoring Council.

    • B- The General Monitoring Council shall follow up and review the reports of the local monitoring councils and ensure the implementation of their procedures in accordance with the Law and its executive regulations, and shall take whatever actions it deems appropriate to achieve this purpose.

  • (2/4): The review of mandatory admission decisions shall be conducted by forming committees from council members or others with expertise or specialization as needed, and shall be according to the following:

    • A- A committee to consider mandatory admission decisions shall be formed by a decision from the Chairman of the Council, who shall appoint its head, to review these decisions as needed. It shall consist of at least five members, two of whom shall be legal advisors and two consulting psychiatrists from the Ministry of Health.

    • B- The committee shall convene at the invitation of its chairman or one of its members whenever the need arises, with the presence of two-thirds of the members, and shall make its decisions by majority vote. In the event of a tie, the vote of the chairman of the committee shall prevail.

    • C. The nomination of participants in these committees shall be after reviewing their resumes and ensuring they meet the appropriate qualifications, and one of them shall be chosen as the chairman of the committee. D. Communication with the relevant authorities for the nominated candidates to enable them to participate in the work of the committee they are nominated for.

    • E. The chairman of the committee shall submit reports on those visits to the General Monitoring Council within a period not exceeding fourteen working days after the conclusion of the committee's work.

    • F. The chairman of the General Monitoring Council shall raise the matter of the members' rewards to the Minister in accordance with the applicable laws and regulations.

    • G. Participants in the work of the committees shall adhere to professional and ethical standards and maintain the confidentiality of information.

    • H. Participants in the work of the committees shall disclose any activity that conflicts with the objectives of the Council.

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  • (1/5): Review of appeals and making a decision within a maximum period of two months or two working sessions, whichever is shorter, from the date of receipt of the appeal.

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  • (1/6): The rewards for committee members are determined according to what is stated in the regulations of the joint governmental committees and the organization of their work.

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  • (1/7): The consideration of appeals from patients or their legal representatives shall be as follows:

    • A - The local monitoring council shall receive all claims and appeals submitted to it from various entities and shall study and review all matters related to them.

    • B - Claims and appeals that do not fall within the council's jurisdiction shall be referred to the competent authority, with the claimant being informed of the action taken.

    • C - The review of appeals and the decision thereon shall be completed within a maximum period of twenty-one working days from the date of receipt of the claim. If a decision is not made within that period, the appeal may be raised to the General Monitoring Council.

    • D - If one of the council members is a physician working in the mental health facility against which the appeal is raised, a psychiatrist who is not employed in that mental health facility must be appointed to examine the patient, and the physician shall submit a report to the local monitoring council within a maximum period of seven working days from the date of his assignment.

    • E - Follow up on the implementation of the council's decisions regarding the appeal and ensure that the mental patient receives their rights.

    • F - Document the reports of appeals and the procedures carried out regarding them.

    • G - Notify the relevant authorities, including the appellant, of the decision of the local monitoring council for mental health care at the address specified in the appeal, and inform the appellant that if they disagree with the council's decision, they may raise the appeal to the General Monitoring Council.

    • H - In the event that the mental patient or their legal representative objects to the decision of the local council, the appeal shall be raised to the General Monitoring Council.

  • (2/7): The supervision of local monitoring councils shall be as follows:

    • A - Local monitoring councils are administratively and technically linked to the General Monitoring Council.

    • B - The General Monitoring Council shall follow up and review the reports of local monitoring councils and ensure that their procedures are implemented in accordance with the law and its executive regulations, and shall take whatever actions it deems appropriate to achieve this purpose.

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  • (1/9): The mental health treatment facility is committed to the policies and procedures approved by the Minister of Health, as well as what is stated in the supervisory guide for mental health services and addiction treatment, and the requirements of national standards and safety standards for health facilities accredited by the Saudi Center for Accreditation of Health Facilities.

  • (2/9): The mental health treatment facility is obligated to obtain written consent from the patient or their guardian if the patient is unable to assess their need when the patient requires non-traditional treatment:

    • A. If it is impossible to contact the guardian, necessary treatment may be administered with the consent of two psychiatrists in urgent cases, with notification to the local mental health care monitoring board.

    • B. If the patient or their guardian refuses treatment and the need for treatment is essential, the local monitoring board should be contacted to make the appropriate decision.

  • (3/9): The mental health treatment facility, upon the request of the patient or their legal representative to seek the assistance of a licensed spiritual healer, must follow the following controls:

    • A - The healer must be authorized to perform spiritual healing by the relevant authority.

    • B - A request for the assistance of a spiritual healer must be submitted using Form No. (5).

    • C - After completing the data in the form, including the patient's and the spiritual healer's information, it must be sent to the medical team, which has the right to approve, reject, or delay the request for the healer's assistance with justification.

    • D - After the medical team approves the request for the spiritual healer's assistance, the request is submitted to the religious guidance or religious awareness department at the mental health treatment facility for approval or rejection, along with reasons for rejection and a suggestion for an alternative spiritual healer for the patient and their family.

    • E - The religious guidance or religious awareness department coordinates with the treatment team to determine the appropriate day, time, and place for the spiritual healing session.

    • F - On the specified day and time for the spiritual healer's attendance, one member of the religious guidance department at the mental health treatment facility must accompany and supervise the spiritual healing to ensure it is conducted according to the teachings of the Quran and Sunnah without deviation, with the presence of a member of the treatment team, in a designated area that ensures the patient's privacy.

    • G - Ensure that there are no risks threatening the safety of the patient, other patients, or the staff at the facility.

    • H - The healer is not permitted to provide any description of the patient's condition to them or their family or interfere with the patient's treatment plan or the medications used.

    • I - If the spiritual healer violates what is stated in the Quran and Sunnah or provides a description of the patient's condition to them or their family or interferes with the patient's treatment plan or the medications used or violates the facility's regulations, a member of the religious guidance department will terminate the spiritual healing session and direct the patient or their family to one of the licensed spiritual healers and coordinate for their attendance at a later date.

    • J - The spiritual healer is not permitted to access the patient's medical record or any information related to patients for any reason or motive.

    • K - The visit of the spiritual healer to the patient must be documented and recorded by the religious guidance department at the treatment facility in designated records.

    • L - If there is a need to repeat spiritual healing sessions, a separate request must be submitted for each session.

  • (4/9): Confidentiality of information related to the mental health patient:

    • A - Members of the treatment teams have the right to discuss or exchange information about any patient among themselves for purposes related to the patient's treatment, ensuring that such exchanges occur away from the hearing of other patients.

    • B - Anyone attempting to obtain information about the patient for non-treatment purposes or in an unlawful manner will be subject to legal accountability.

    • C - No information regarding a patient may be provided over the phone, except in emergency cases.

    • D - The director of the mental health treatment facility or their delegate has the right to allow external parties to use medical records for research purposes according to the regulations of the policy for conducting clinical studies and research approved in the supervisory guide for mental health services and addiction treatment by the Ministry of Health.

    • E - The patient's medical file is considered highly confidential at the mental health treatment facility and is only directly accessible to the treating physicians and the treatment team or authorized individuals; it may not be removed from the treatment facility for any reason.

    • F - Patient calling systems within the mental health treatment facility must be used in a manner that ensures the identity and information of the patient are not disclosed, maintaining their privacy.

    • G - Audio recording or photographing the patient by any means is prohibited without obtaining official permission from the management of the mental health treatment facility and written consent from the patient or their guardian if they are unable to make the decision.

    • H - The mental health treatment facility is committed to ensuring that no patient data is revealed when disposing of any documents or containers containing patient information.

    • I - The healthcare practitioner must maintain the confidentiality of secrets learned through their profession and may not disclose them except in the following cases - ensuring that not all patient secrets are disclosed and that disclosure is only for the intended purpose -:

      • 1- Reporting a death resulting from a criminal incident or preventing a crime, and disclosure in this case is only permitted to the relevant official authorities.

      • 2- Reporting a contagious or infectious disease.

      • 3- The practitioner responding to an accusation made against them by the patient or their family regarding their competence or how they practice their profession.

      • 4- Protecting the patient or others from any danger.

      • 5- If the patient or their guardian provides written consent for disclosure or if disclosure is beneficial for the patient's treatment.

      • 6- If ordered by a judicial authority.

  • (5/9): The mental health patient has the right to appoint a legal representative to defend their rights within and outside the mental health treatment facility, and the local monitoring board for mental health care will manage the affairs of the mental health patient who is unable to make decisions and has no guardian regarding treatment decisions until a legal representative is appointed for them.

  • (6/9): Mandatory Decision Form No. (1) and Mandatory Decision Extension Form No. (2) are used to notify the patient or their guardian upon mandatory admission or its renewal and to inform them of the legal procedures that must be followed if they wish to cancel the mandatory admission decision to the treatment facility.

  • (7/9): Informing the mental health patient of their rights:

    • A - The mental health treatment facility is obligated to explain the rights and duties of the patient in a simple manner and in a language they understand, ensuring their comprehension and informing them or their guardian of the admission to the mental health treatment facility, documenting the acknowledgment in Form No. (6) and providing them with a copy.

    • B - The mental health treatment facility is obligated to announce the patient's rights in visible places within the facility, allowing patients and visitors to access them.

    • C - If the patient is unable to understand these rights at the time of admission, they will be explained to them when their condition improves by members of the treatment team, and this will be documented in the medical file.

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  • (1/10):

  • A- The mental health facility is obligated to obtain the patient's written consent if they are capable of making their own decision, or to obtain the written consent of their guardian for voluntary admission to the mental health facility for treatment.

  • B- The patient has the right to leave against medical advice whenever they wish, unless the conditions for mandatory admission apply to them.

 

11

  • (1/11): Emergency Admission Procedures:

  • A - If the emergency admission is decided by a psychiatrist, the approval of another psychiatrist must be obtained to transfer the patient to mandatory admission, provided that this occurs within 72 hours of the emergency admission.

  • B - If the emergency admission is decided by a non-psychiatrist, the approval of two psychiatrists must be obtained to transfer the patient to mandatory admission, provided that this occurs within 72 hours of the emergency admission.

  • C - In the event that a patient is admitted emergency to a healthcare facility that does not have inpatient psychiatric departments, they shall be referred through the national referral system to the nearest healthcare facility with inpatient psychiatric departments, according to the psychiatric patient reporting form No. (3).

  • D - The mental health facility with inpatient psychiatric departments that accepted the patient's referral is obligated to provide a bed for the patient.

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  • (1/12): Procedures for Temporary Mandatory Custody:

  • A- When a decision for temporary mandatory custody is made according to the Patient Condition Reporting Form No. (3) without the presence of a doctor, the on-call doctor must be summoned to examine the patient and take appropriate actions for the case.

  • B- If the doctor decides to admit the patient on an emergency basis, the procedures outlined in Article Eleven of the Law must be followed according to the Patient Condition Reporting Form No. (3).

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