Amendments to the Psychiatric Patient Law … Imprisonment and fines for the therapist in case of diagnosis and writing a prescription

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The agenda of the House of Representatives sessions includes the discussion of the supplementary report of the joint committee from the Health Affairs Committee and the offices of the Constitutional and Legislative Affairs, Plan and Budget Committees, on a draft law submitted by the government to amend some provisions of the Psychiatric Patient Care Law promulgated by Law No. 71 of 2009, in light of the observations of the Legislative Department of the Council The state, in preparation for taking the final opinion on the bill.

The committee explained in its report that the council discussed in its session held on Wednesday April 22, 2020 the report of the joint committee from the Health Affairs Committee and the offices of the Constitutional and Legislative Affairs, Plan and Budget Committees, on a draft law submitted by the government to amend some provisions of the Psychiatric Patient Care Law promulgated by Law No. 71 of 2009 And approved the draft law in its entirety, and based on the text of Article (190) of the Constitution, and Article (175) of the Council’s internal regulations regarding sending draft laws that were approved by the Council in its entirety to the Council of State. The Council decided in its aforementioned session to refer The bill is submitted to the Legislation Department of the State Council for review and drafting.

She indicated that on July 18, 2020, the letter of the Head of the Legislation Department of the State Council was sent to the Council attached to it the Department’s notes on the draft law, and it was decided to refer it to the Joint Committee for research and study of the drafting and substantive notes that he made, and to prepare a supplementary report on it to be presented to the Council. The Joint Committee meets for its consideration.

The report highlighted the amendments of the joint committee to the draft law in light of the review of the State Council, and the committee said that it appreciates the observations made by the Legislation Department of the State Council in the report it prepared on the proposed draft law, and the committee held extensive discussions regarding these observations, where it studied them in detail. These discussions resulted in the introduction of a number of amendments to some articles of the bill. As follows:

(Article 1) (Article 6): Replace the word “he chooses” with the word “nominate him” wherever it is mentioned in Clauses (13, 14, 19), and this is a standardization of words in a way that ensures accuracy and well-formulated legislation.

Clause (1): Replace the phrase “chosen by the president of the council” with the phrase “chosen by the Special Council for Administrative Affairs,” because the delegation of members of the State Council shall be by a decision of the President of the Council in compliance with the provisions of Article (88) of the State Council Law promulgated by Law No. 47 of 1972.

Clause (15): Replace the phrase “the General Federation of Civil Associations and Institutions” with the phrase “the General Federation of Associations”, in order to adjust the name of the federation in accordance with the text of Article (91) of the Law on Organizing Private Work promulgated by Law No. 149 of 2019.

Clause (19): Replace the phrase “private sector health care providers room ”with“ private treatment room ”, in order to adjust the name of the room established in accordance with the provisions of Prime Minister Decree No. 2359 of 2019 establishing the private sector healthcare provider room.

Article (20): replacing the phrase “mental health” with the phrase “for the governorates”, in order to control the name of the regional mental health councils, in line with the provisions of the aforementioned Psychiatric Patient Care Law.

Article (21): Given what has been shown that the head of the Egyptian Drug Authority is not present in the formation of the board of directors of the Addiction Treatment and Control Fund, which makes his choice not expressing the representation of the fund, and it is appropriate that the head of the drug addiction fund is his representative in the National Council For mental health.

Add a paragraph at the end of the article stating, “The executive regulations shall specify the quorum for the validity of its sessions, the method for issuing its decisions, the method for voting on them, and the financial treatment of its members.” This is in light of the State Council’s remark regarding the completion of the organization of the work mechanism of the National Council for Mental Health.

(Article 12): Add the word “and the incapacitated” after the phrase “incompetent”, in order to clarify the legal status of the mentally incapacitated patient.

(Article 30): Adding the phrase “according to the controls stipulated in this law” after the phrase “and therapeutic alternatives thereof,” this is a guarantee for the psychiatric patient during the independent medical evaluation. Add a paragraph at the end of the article stating, “All this is as indicated by the executive regulations of this law.” This is a guarantee for the psychiatric patient in order to avoid the deficiency that marred the text in his current state.

(Article 41): Clause (5): Replace the phrase “the General Federation of Associations and Institutions” with the phrase “the General Federation of Associations”, in order to adjust the name of the union in accordance with the text of Article (91) of the Law on Organization of Private Work promulgated by Law No. 149 of 2019, with the replacement The word “he chooses” with the word “nominate” to standardize the wording, as was reformulated in Article (6).

(Article Two) Chapter Four bis (Article 35 bis 1): Delete the phrase “as mentioned in this chapter called“ Committee for the Regulation of the Profession of Psychotherapy for Non-Psychiatrists ”mentioned in the first paragraph, for good and precise wording.

Clause (3): Replace the phrase “chosen by the President of the Council” with the phrase “chosen by the Special Council for Administrative Affairs of the State Council,” because the delegation of members of the State Council shall be by a decision of the President of the State Council pursuant to the provision of Article (88) of the aforementioned State Council Law.

Clause (5): Replace the word “he chooses” with the word “nominate him” in the clause to unify and control the wording.

(Article 35 bis 2): Replace the phrase “Committee for the Regulation of the Profession of Psychotherapy for Non-Psychiatrists” in the first paragraph with the word “Committee”, in order to include that phrase in the definition of “Committee” mentioned in Article (35 bis), to control and tighten the wording.

Clause (3): Adding the word “psychologist” after the word “therapist”, in line with the definition of a psychotherapist.

Clause (4): Delete the clause because this jurisdiction is included in what Article 35 bis 7 contains.

Transferring the provision of the second paragraph of this article, which includes submitting the license application, to the provision of Article 35 bis 4, which is concerned with regulating provisions for issuing a license to practice the profession of a psychotherapist other than psychiatrists, in order to control the legislative systems.

(Article 35 bis 3): Clause (4): Replace the word “test” with the word “exam”, in line with the ruling mentioned in the issuance of this clause.

Clause (6): Replace the phrase “or trust” with the phrase “diamond of dignity,” in order to control the ruling and in line with existing legislation.

(Article 35 bis 4): the provision of the second paragraph of (Article 35 bis 2), which includes submitting the license application, as a second paragraph of the provision of this article, so that the text becomes as follows:

“The license application is submitted to the aforementioned committee through a technical secretariat formed by a decision of the minister in charge of health that takes charge of receiving or renewing licensing requests, and the committee keeps a copy of the records of registering licenses issued and renewing them for a fee not exceeding … for good formulation and control of legislative systems.”

Dedicating a separate article to the fifth paragraph, for the independence of its judgment from the provisions of Article (35 bis 4) of the provisions, with the addition of the word “psychologists” after the phrase “non-physicians” mentioned in order to prevent the withdrawal of its judgment to psychiatrists as they are not addressed by the provisions of this chapter, as the text came in the draft law submitted by Government and approved by the Joint Commission.

(Article 35 bis 5): An “updated article” whoever is licensed to practice the profession of psychotherapy, other than psychiatrists, takes the following oath before the committee: “I swear by God Almighty to perform the work of my profession with honesty, honesty and sincerity and to preserve the secrets of the profession and to respect its laws, ethics and traditions And in light of the observation of the State Council regarding its singling as an independent article, which was achieved in the draft law as received from the government and approved by the committee.

(Article 35 bis 8): Replace the phrase “the time this amendment comes into effect” with “the time this law comes into force,” the phrase “from the effective date of this law” with the phrase “from the date this law comes into force,” and the phrase “to adjust its conditions in accordance with the provisions of this amendment.” With the phrase “to reconcile his conditions in accordance with the provisions of this law” contained in the disability of the article, in order to avoid any confusion regarding the application of the provisions contained in the proposed draft law with the provisions of the existing law.

The Joint Commission opinion:

The joint committee decided to approve the aforementioned articles, after amending them in light of the observations of the Legislation Department of the State Council, as contained in the comparative table, and the committee also considered that in the event of violating the prohibition contained in Article 35 bis 6, it is of great importance. It requires the introduction of disciplinary and criminal punishment, and after consulting the government, the committee decided to introduce a punitive article (47 bis 1), which reads the following:

Without prejudice to any more severe punishment stipulated in the Penal Code or any other law, anyone who violates the provisions of Article 35 bis 6 shall be punished with imprisonment for a period not exceeding five years and a fine not exceeding one hundred thousand pounds or either of these two penalties.

If this results in the occurrence of a permanent disability, the penalty shall be temporary hard labor and a fine of not less than one hundred thousand pounds and not exceeding five hundred thousand pounds, and the punishment shall be temporary hard labor for a period of no less than ten years and a fine of not less than five hundred thousand pounds and not more than one million pounds if The indicated act resulted in the death of the patient.

It is worth noting that Article (35 bis 6) stipulates that the psychotherapist is prohibited in any way from diagnosing diseases, treating them, or undertaking any organic treatment, which is not permissible for other than doctors to practice it, and it is also prohibited for him to examine the patient’s body or write any prescriptions Or medicinal to him.

The report indicated that the joint committee decided to approve many drafting remarks in light of the remarks of the Legislative Department of the State Council, to control and tighten the wording, and the joint committee ended up approving many substantive observations, and decided – pursuant to the provision of Article (172) of the Council’s internal regulations Assigning its head to submit a request for a second deliberation in some of the articles indicated in the attached table.

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