The mental health law: what every patient should know

Mental health is recognised in law as an essential component of overall health. In Romania, the rights of people with mental disorders are governed by Law no. 487/2002 on mental health and the protection of persons with mental disorders. The law sets out both patients’ rights and the conditions under which psychiatric care can be provided.

What are the patient’s rights?

Anyone who uses mental health services has the right to:

• respect and dignity;
• confidentiality of their medical information;
• clear information about their diagnosis and treatment;
• participation in decisions about their treatment;
• access to appropriate medical care.

Can treatment be given without the patient’s consent?

In most situations, no. Psychiatric care is based on informed consent, which means that the patient must receive explanations about their condition and give their agreement to treatment.

What is involuntary admission?

Admission to hospital without the person’s consent is an exceptional measure. It is used only after voluntary admission has been tried without success, and only if a psychiatrist finds that the person has a mental disorder and is in one of these two situations:

• because of the disorder, there is an imminent danger that the person will harm themselves or others;
• the disorder is severe, the person’s judgement is impaired, and without admission their condition could seriously deteriorate or they could not receive the right treatment.

The proposal for admission is examined by a committee of specialists, and the measure must then be confirmed by a court.

Why is this law important?

The law aims to strike a balance between access to treatment and protecting the person’s fundamental rights. It contributes to reducing stigma and encourages early access to specialist help.

What this means at a consultation

At a consultation, you have the right to clear explanations about your diagnosis and treatment and to take part in decisions. Treatment is agreed with your consent, and what you discuss with your doctor stays confidential. If something is unclear, you can ask questions at any time.

The text of the law

You can read the official text on the legislation portal: Law no. 487/2002, republished (current version, in Romanian).

See also: Psychiatry