Amendment to the Mental Health Protection Act.

On 7 October, a draft bill amending the Mental Health Protection Act and certain other acts was published on the RCL website.

According to the explanatory memorandum, the proposed amendments are aimed, among other things, at introducing changes to the terminology used in the provisions of the Act, which is archaic and may contribute to the stigmatisation of people affected by mental disorders – expressions such as ‘mentally ill person’ (to ‘person with psychotic disorders’) or ‘mentally handicapped person’ (to ‘person with intellectual disability’). The amendment will also update the provisions on the use of direct coercion against persons with mental disorders.

In addition to the above, the changes are aimed, among other things, at eliminating possible interpretative doubts, clarifying issues concerning the parties to court proceedings in cases involving the admission of a person with mental disorders to a psychiatric hospital without their consent, as well as their discharge, the place where the hearing is to be held, and other minor clarifications of the provisions of the Act, as well as taking into account certain conclusions of the Supreme Audit Office (NIK) resulting from the audit ‘Psychiatric care for children and young people’.

The proposed amendment refers to the indication that in the event of the inability to obtain the consent of a legal representative or conflicting statements by legal representatives, consent for the admission of a minor or a person who has been completely incapacitated to a hospital shall be given by the guardianship court competent for the place of residence of such a person. In addition, the guardianship court will also be able to give consent if it is not possible to obtain the consent of a legal representative for the admission to a psychiatric hospital of a minor over 16 years of age or an adult who is completely incapacitated and capable of giving consent.

A solution has also been proposed whereby, in emergency cases, a minor or a person who has been completely incapacitated may be admitted without the prior consent of the guardianship court. In such a case, the doctor admitting the person is obliged, in case of doubt, to consult another doctor, if possible a psychiatrist, or a psychologist. In addition, solutions were proposed concerning the use of direct coercive measures to ensure the effectiveness of police actions and the safety of all persons involved in interventions involving persons with mental disorders or under the influence of psychoactive substances.

The draft is currently undergoing public consultation and agreement. The proposed date of entry into force of the Act is 1 January 2026.

Link to the draft:

https://legislacja.rcl.gov.pl/projekt/12402903/katalog/13162313#13162313