A new mental health law will only work if healthcare professionals change their approach to patients, according to Malta’s mental health commissioner.

It would be a very big pity if this stupid legalistic argument ends up being a hurdle

John Cachia warned that it would be “madness” if the long-awaited law was held up because of incompatibilities with the “antiquated” Criminal Code.

Made public in June, the draft Mental Health Act seeks to make mental healthcare more patient-focused, with doctors required to justify decisions to place people into involuntary care, review such decisions more frequently and critically assess failed care plans.

It also introduces the concept of “transient mental incapacity” for the first time in Maltese law, meaning people can be diagnosed as temporarily insane.

Previously, no such temporary classification existed.

Speaking at a Malta Health Network seminar yesterday, Dr Cachia described the draft law as a “major shift” in the way mental health would be managed.

But he also warned that “the hearts and minds of mental health professionals will have to change” if the proposed law were to succeed.

Such change would not happen overnight, Dr Cachia conceded, and would only happen if civil society organisations lent a hand in battling social exclusion of such patients.

The Criminal Code, with its multiple references to “insanity”, is yet to be aligned with the proposed law. But Dr Cachia warned this was causing delays.

“It would be a very big pity if this stupid legalistic argument ends up being a hurdle... It would make a mockery of all the work done so far. It would be madness,” he said.

Dr Cachia spoke briefly about the risks involved in caring for the elderly by prescribing multiple drugs.

In his new role as commissioner for mental health and the elderly, Dr Cachia will be charged with promoting and upholding the rights of these groups.

His presentation was followed by a brief review of consultation processes by two representatives from the Malta-EU Steering and Action Committee.

Government officials did not emerge altogether positively from the review. Some gave little or no feedback and often showed up to consultation meetings with a predetermined position that they refused to budge from.

“Consultation is often held at too late a stage, when the Government has already adopted a position. And stakeholders are often not given enough time to give their feedback,” Meusac’s Joseph Sciberras said.

Civil society groups could also do more, Mr Sciberras said. “NGOs need to be better prepared for consultation sessions. Instead of proposals, many show up with just a long list of questions.”

European Public Health Alliance communications manager Anne Hoel explained the ins and outs of healthcare lobbying at an EU level.

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