A mental health bill that focuses on patients’ rights should be enacted by the end of the year, replacing an antiquated law that dates back to 1976.

The plan is to present the Bill to Cabinet later this month and to the House in the last quarter of 2011.

Among the major changes, it establishes the appointment of a Mental Health Commissioner, apart from the Health Ombudsman, whose role would be to promote and protect the “sacrosanct” rights of patients, keeping those responsible for providing the services “on their toes” to ensure high quality standards, Health Minister Joe Cassar said yesterday.

He was addressing a seminar on Mental Health Legislation – the Way Forward at Le Meridien St Julians Hotel, which was aimed at carrying on the broad consultation process on the Bill.

Another concept the legislation would introduce is treatment in the community, which would be regulated by tight criteria. As it stood, the law did not provide for involuntary community treatment, said Ray Xerri, special initiatives director, within the Health Ministry.

Among the strict boxes that would have to be collectively ticked, as specified in the new law, patients would have to be suffering from a severe mental illness, repeatedly ignore treatment and be of danger to themselves and others, he said.

Around 55 patients a year fell into that category and 30 per cent of them were released on review.

Involuntary treatment would have to be administered in the shortest time possible and a multi-disciplinary team would have to submit a treatment plan, detailing length and outcomes, to the commissioner.

In his overview of the proposed mental health legislation, Dr Xerri said the law held healthcare professionals accountable, and management protocols would be regulated.

Any breaches would have to be reported to the commissioner, who would be able to take any action deemed necessary.

As regards patients’ guardians, who were appointed by the courts on a rotation system, their civil obligations were being increased and, among other duties, they would have to provide the patients’ income and expenditure accounts, with receipts, to the commissioner, while no asset transfers could be done without his approval

Dr Xerri said the Mental Health Act incorporated many “checks and balances”, and the State had more obligations than rights, including the provision of training in the necessary skills for patients to find jobs.

The Parliamentary Secretary for the Elderly and Community Care, Mario Galea, said the Mental Health Act laid major emphasis on the rights of patients and their carers – something that was “unheard of in the past”.

It was a law that “understands suffering; does not judge and opens doors”, doing away with stigma and abuse.

Decisions normally taken by professionals would now be in the hands of patients, their person of trust – no longer necessarily the next of kin – the professionals and the commissioner, who is the one to approve how long the patient should remain in care and to check whether its targets are being met.

Dr Cassar also took the opportunity to point out the need for more healthcare professionals in every sector, saying the government had embarked on a campaign to attract youths to the field.

Given the ageing population, current needs included occupational therapists, physiotherapists and speech pathologists.

The campaign was targeting students who had just undergone their A levels and were in the process of choosing their careers.