The Problems of Mental health Law(Draft) and the Role of Psychiatric Nurse Practitioner
Authors: Lee Kwang Ja 
Published: October 2024

The mental health act is not yot enacted in Korea, Rut the movement for establishment of the law started in the 1960s by the Korean Neuropsychiatric Association(KNPA). The first draft was prepared in 1968 by the KNPA and proposed to the government, but the government had no response. In this first draft, the KNPA emphasized the government*s responsibility to treat the mentally dis ordered person by providing sufficient hospitals and mental health centers, a ration-wide delivery system and the National Institute of Mental Health.After the first attempt failed, other three attempts to establish the law also failed. The drafts focused on the reality-oriented policy by utilizing, systematizing and improving the established facilities for reducing the government’s burden.In 1992. the Ministy of Health and Welfare introduced the draft of the mental health act to the National Assembly after deliberation with the related Ministries. In this draft, a non-medical institution was legally autorized financial support was lacking : national organizations for mental health and regional men tal health council were not specified; exclusion of psychiatric nurse specialist: statements of administrative and legal processes for compulsory admission were extremely loose or lacking.The purpose of the mental health act is to secure the patienfs right to treatment and the patienfs right to refuse treatment. How ever, the most important and primary goal would be to secure the patienfs rights to appropriate treatment.Wth the advent of major tranquillizers, early disoharge, occupational and recreational therapies, it became clear that the custodial role of the nurse had to change. More emphesis was placed on relationships. Qualified staff from various professions became involved in the complex treatment of mental disorders. Slowly but surely the concept of a therapeutic team became established but in the early days the training of nurses did not allow them to feel competent in this forum.Social workers became involved in family affairs and social areas of care. Psychologists brought assessment skills to the fore and the doctors were recognised as leaders of the team and by law were designated as the per son responsible.The nurses meanwhile were struggling to identify their roles. In hospitals the nursing process was heralded as a major advancement, which involved assessment planning implementation and evaluation. There are 5major areas or psychiatric nursing which must be taken into considerations when addressing the roles of a psychiatric nurse. They are (1) the in-patient nurse (2) the O.P.D. /day care nurse (3) the community nurse (4) the nurses as educator (5) the nurses as researcher of course, in each of these areas there is further scope for the nurse to develop specialist skills.The focus world-wide for psychiatric care has moved from the large hospital to the community. Korean psychiatry while developing large hospital must soon plan for the on-going care of patients who are being discharged.Korean nursing must be part of care wherever it is situated. By education and training nurses can demonstrate their ability to move out into the community where they will maintain their rightful place working alongside the sick. In doing this with competence they will be accepted by the other professions engaged in the field of mental health.