Hospitalization for mental disorders is voluntary; only two exceptions allow admission without consent
Family members or employers cannot force someone to stay in a psychiatric hospital indefinitely. The law permits admission without consent only in two specific cases: when the person has already harmed or is at risk of harming themselves, or when they have already harmed or are at risk of harming others. In the first case, hospital admission still requires guardian approval; otherwise it is not allowed. If someone disputes the diagnosis, they may request a second evaluation within three days, and later can hire an independent medical expert for a formal assessment.
No cost involved. Memorize these two exceptions so you can…
Article 30 of the Mental Health Law states that “hospitalization for mental disorders shall be voluntary.” Adm…
No cost involved. Memorize these two exceptions so you can cite them when needed.
Article 30 of the Mental Health Law states that “hospitalization for mental disorders shall be voluntary.” Admission is mandatory only when diagnostic findings and clinical assessments confirm that the individual has a serious mental disorder and meets one of two criteria: (1) they have already attempted or are at risk of attempting self-harm, or (2) they have already harmed or are at risk of harming others. Article 31 adds that in the first scenario, admission requires guardian consent; otherwise it is prohibited. Article 32 permits anyone who disputes the diagnosis to request a second evaluation within three days, conducted by psychiatrists other than those who made the original diagnosis; further disagreement may be addressed by hiring a legally licensed medical expert. Article 35 stipulates that if subsequent evaluations show the person does not meet criteria for serious mental disorder or does not require hospitalization, admission must be halted. Article 78 also holds liable anyone who knowingly admits a non‑patient to a psychiatric facility; this law took effect on 1 May 2013 and was amended in 2018.
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）. https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7448a066d
Open source linkIt is essential to clarify both sides of this rule; otherwise it could be misread as “no one can ever be admitted.” Article 28 mandates that close relatives, employers, or local police must intervene immediately if a suspected patient shows signs of self‑harm or harm to others, and must arrange for a medical evaluation; hospitals must comply with such requests. Thus, “being evaluated” and “being hospitalized” are separate steps, each with its own threshold. Article 75 outlines penalties for hospitals that improperly restrain patients or misdiagnose healthy individuals; violators may face sanctions up to revocation of their license. Guidance on handling situations where someone exhibits violent tendencies can be found in Section 8.