LAW OF THE REPUBLIC OF MOLDOVA

of May 16, 2024 No. 114

About mental health and wellbeing

It is published: 13-06-2024 in Monitorul Oficial No. 251-253 Article No. 355

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject, purpose and scope

(1) the Subject of this law is regulation of measures for protection of mental health and wellbeing of citizens.

(2) the Purpose of this law is establishment and the organization of system of guarantees for the protection of mental health providing the best quality of the life keeping growth and development of the personality before complete disclosure of its potential.

(3) This law is applied in the relation:

a) citizens of the Republic of Moldova and stateless persons;

b) public organizations and bodies of the public power, degrees of jurisdiction, service providers in the sphere of mental health irrespective of pattern of ownership or legal form.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are determined:

support in the sphere of mental health – package of measures, undertaken by the central and local authorities of the public power for the purpose of the prevention and treatment of mental and behavioural disturbances, and also psychosocial rehabilitation of persons suffering from it;

medical care in the sphere of mental health – provision of medical services, such as the prevention, prevention, screening inspection and pharmacological, psychotherapeutic and other reasonable interventions in case of disorder of mental health and in case of behavioural frustration;

mental wellbeing – the essential component of health and quality of life oriented to providing the best conditions for maintenance of growth and development of the personality before complete disclosure of its potential;

capacity to act – property to understand information obtained rather certain decision, to remember this information for rather long time, to analyze the available information for adoption of independent decisions and their statement, and also capability to follow the relevant decision; property of mental condition to be compatible at some point with implementation of the rights and freedoms;

the communitarian center of mental health – the public or private medico-social institution or division of public or private medical and sanitary institution providing to persons with problems of mental health advisory medical care by assessment, the prevention and early identification of problems on psychosocial rehabilitation for the purpose of their social and professional and family integration, the help and mediation in the relations with family and community;

psychological consultation – the specific intervention performed by the psychologist for the purpose of optimization of adaptation, self-knowledge and personal development and/or for the purpose of the prevention of origin or correction of emotional, informative and behavioural frustration;

consent – the permission this by person suffering from mental and behavioural disturbances, but with undisturbed sensible judgment, or his legal representative or on circumstances person authorized by the order about protection on the passing of procedures of inspection, hospitalization, diagnostics and treatment expressed without coercion or inadequate inducement and preceded by complete informing person in form, available to it, of benefits, risks and alternatives of the corresponding procedures with possibility of confirmation/withdrawal of permission every time when there is need, or at the initiative of the corresponding person;

suppression – restriction of physical activity of person by use of the physical, mechanical, chemical legal means of immobilization which are not causing bodily harms in order to avoid self-damages or heteroaggression and protection against those;

sanity – component of mental capacity to act which belongs to certain act and from which the capability of the corresponding person follows to give assessment to content and consequences of this act;

multi-profile crew on mental health care – group of the specialists in the sphere of mental health participating in process of support and mental health care and also in the course of delivery of health care in the scope of mental health within which on circumstances fall: the psychiatrist, the family doctor or other doctor with other specialization, the specialized health worker, the clinical psychologist, the psychotherapist, the social worker, the okkupatsionalny therapist, ergoterapevt and other paramedical personnel;

assessment of condition of mental health – the direct examination of person conducted by the psychiatrist for the purpose of determination of mental capabilities of person, its emotional condition and general mental health;

voluntary hospitalization – hospitalization with the consent of person suffering from mental and behavioural disturbances with criteria for acceptance in hospital;

hospitalization in involuntary procedure – the hospitalization without the consent of person suffering from mental and behavioural disturbances applied on condition of observance of provisions of Article 31;

intervention in the sphere of mental health – inspection, treatment, clinical trial, the help or other action applied in the relation of person suffering from mental and behavioural disturbances, in the preventive, diagnostic, medical, rehabilitation purposes or for the purpose of biomedical research and performed by specialists in the sphere of mental health;

the worker from equal to equal – person who endured problems with mental health recovered or is at recovery stage, having special preparation on support from equal to equal and being part of multi-profile crew;

inevitable social danger – behavior of person which is integrated to risk of causing heavy physical mutilation to itself or people around or to considerable damage of material values;

person with limited psychosocial and intellectual opportunities – person suffering from mental and behavioural disturbances which in case of interaction with various barriers / obstacles can limit complete and effective participation of person in life of society on equal terms with other persons;

person suffering from mental and behavioural disturbances, – person showing signs of mental disease, mentally unbalanced or insufficiently developed mentally, suffering from dependence on psychoactive agents, and also person showing other frustration which it agrees to the diagnostic regulations operating in medical practice can be classified as mental and behavioural disturbances;

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