The second draft of the long awaited Mental Health Act, that will give more rights to patients and lay stress on professional accountability, will be released this morning during a business breakfast.

“The new Act stipulates that non-voluntary care should be given in the least possible time. It also dwells on professional accountability. Decisions are going to be taken by the client, his carers, the professionals and the Commissioner for the Promotion of Rights of Mental Disorders,” a spokesman for the community care parliamentary secretariat said.

Community treatment is a very important change as for the first time it allows patients receiving compulsory medication to remain at home living their lives.

The new law obliges the treatment team to have a detailed, written care plan for each patient and safeguards patients against abuse.

It will replace the antiquated 1976 legislation, based on the 1959 British Mental Health Act.

In 2007 the Health Ministry issued the first draft for consultation but the law has yet to be enacted despite promises and missed deadlines. The 2007 draft has since been amended and today stakeholders will finally have access to the final draft that was approved by Cabinet in April.

It is currently being translated into Maltese and will then be referred to the Justice Ministry so that the parliamentary procedures can begin, the spokesman said.

Asked when the law would be enacted he replied: “We can’t give a date at this stage. It depends on parliamentary schedule.”

Mental Health Act timeline

April 2007. The consultation period for the draft law ends.

February 2009. Government promises to present Bill in Parliament by end of year.

July 2010. The law is stuck at the Attorney General’s office over problems regarding guardianship.

October 2010. Prime Minister is presented with a petition signed by over 3,000 people asking for law to be enacted.

July 2011. Government says law to be enacted by end of year. Public seminar held for stakeholder feedback.

July 2011. First reading of the new Mental Health Act in Parliament.

October 2011. Mental health commissioner (designate) appointed.

December 2011. Draft act submitted for approval within Health Ministry.

Feb 2012. Government says next phase is publication of the Bill in the Government Gazette and the commencement of the parliamentary approval process. No deadline given. Following the July 2011 seminar there were amendments to the draft.

April 2012. Cabinet approves draft with amendments.

June 2012. Second draft released.