Legal Issues Concerning the Custody of Drug Addicts with Mental Disorders Resulting from Substance Abuse for Treatment under the Mental Health Act B.E. 2551 (2008)

Abstract

This research aims to study the concepts and theories of social protection, the control of psychiatric patients in society, and to analyze legal measures regarding the control of psychiatric patients in foreign countries and Thailand. It also analyzes the process of bringing drug addicts with mental disorders from drug use into treatment.

The study's findings indicate that the Mental Health Act B.E. 2551, Section 3, does not define "mental disorder" to encompass symptoms of mental disorders caused by alcohol and long-term drug abuse. Furthermore, Section 23 does not stipulate the responsibilities of guardians, parents, and caregivers of psychiatric patients to control and care for these patients.

Proposed amendments to the Mental Health Act B.E. 2551, Section 3, should include symptoms of mental disorders caused by drug abuse. Additionally, procedures for bringing long-term drug addicts who are psychiatric patients into treatment should be implemented alongside drug rehabilitation. Section 23, paragraph two, should be amended to assign the responsibility of guardians to report to state officials to bring these patients in for treatment. Furthermore, Section 50/2 should be amended to impose penalties on those who fail to report the facts regarding bringing patients in for treatment.