정신건강복지법의 문제점과 개선방안 : 외부 기관 추가 전문의 진단 제도 및 입원적합성심사위원회의 역할을 중심으로

• 영문명: The New Mental Health and Welfare Law in Korea: Issues with Additional Diagnosis by External Psychiatrist and the Role of Admission Review Committee
• 발행기관: 대한신경정신의학회
• 저자명: 윤제식 안준호 윤운 김창윤
• 간행물 정보: 『신경정신의학』제56권 제4호, 146~153쪽, 전체 8쪽
• 주제분류: 의약학 > 정신과학
• 파일형태: PDF
• 발행일자: 2017.11.30

영문 초록

The new Mental Health and Welfare Law in Korea was revised to require additional diagnosis by a psychiatrist from another public or designated hospital for involuntary admission beyond 2 weeks. In addition, it features the newly established Admission Review Committee for better protection of human rights. The provision of the additional diagnosis by an external psychiatrist resulted from misinformation about the distinction between the second opinion for medical assessment and the review of admission by independent authorities. An additional diagnosis is not required by an external doctor since it is not for review of adequacy of admission but just for second opinion for better medical assessment. Given the limited number of qualified public hospital psychiatrists, additional diagnosis by external psychiatrists does not seem practical unless private hospital doctors are required to visit neighboring hospitals. The current method of cross checking between neighboring doctors is not in accordance with the principles that review should be done by independent authorities. The Admission Review Committee also does not seem to serve the purpose since the role of the Committee is limited to document review, while the proper role of the Committee is left to individual doctors. Admission review should be performed through a thorough interview with the patient by a judicial (or quasi-judicial) authority. Law revision is urgently needed to ensure proper judicial (or quasi-judicial) review of admission, and to streamline unnecessary procedures such as the additional diagnosis by external doctors.

목차

서 론

2주 진단 입원 제도

추가 외부 전문의 진단 제도

입원적합성심사위원회 역할

행정업무 과다 및 처벌 규정

결 론

키워드

Mental Health Law Additional diagnosis Admission Review Committee External institution Mental Health and Welfare Law 정신보건법 추가진단전문의 입원적합성심사위원회 외부 기관 정신건강복지법