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DEMENTIA MANAGEMENT ACT

Act No. 11013, Aug. 4, 2011

Amended by Act No. 13112, Jan. 28, 2015

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to mitigate personal suffering and harm from dementia and a burden to society, and to contribute to enhancing national health by establishing and implementing a comprehensive policy on the prevention of dementia, the medical treatment and nursing of dementia patients, and research for the eradication of dementia.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "dementia" means an acquired composite disorder that affects one's daily life as a result of a degenerative brain disorder or cerebrovascular disease that deteriorates one's faculties of memory, language, orientation, judgment, and performance;
2. The term "dementia patient" means a person who exhibits clinical signs of dementia and is diagnosed by a medical doctor or an herb doctor as one suffering from dementia;
3. The term "dementia management" means the prevention of dementia, the medical treatment and nursing of dementia patients, and survey and research on dementia.
 Article 3 (Duties of the State, etc.)
(1) The State and a local government shall actively endeavor to prevent dementia and provide dementia patients with adequate medical services by executing and supporting programs for dementia management (hereinafter referred to as "dementia management programs").
(2) The State and a local government shall endeavor to alleviate the burden of family tending dementia patients. <Newly Inserted by Act No. 13112, Jan. 28, 2015>
(3) The State and a local government shall prepare and implement basic policies, such as education and public relations, to raise people’s awareness of dementia and prevention thereof. <Newly Inserted by Act No. 13112, Jan. 28, 2015>
(4) Medical personnel, the heads of medical institutions, and workers engaged in providing medical services under the Medical Service Act shall actively cooperate in dementia management programs executed by the State and local governments.
 Article 4 (Relationship with other Acts)
The dementia management and support for dementia patients shall be governed by this Act, except as otherwise expressly provided for in other Acts.
 Article 5 (Overcome Dementia Day)
(1) In order to raise people's awareness of the importance of dementia management and to form a nationwide consensus to overcome dementia, the twenty-first day of September each year is declared as Overcome Dementia Day.
(2) The State and a local government shall hold events appropriate for the purposes of Overcome Dementia Day and shall conduct educational programs and public relations activities therefor.
CHAPTER II ESTABLISHMENT, EXECUTION, ETC. OF COMPREHENSIVE DEMENTIA MANAGEMENT PLANS
 Article 6 (Formulation, etc. of Comprehensive Dementia Management Plans)
(1) The Minister of Health and Welfare shall formulate a comprehensive plan for dementia management (hereinafter referred to as "comprehensive plan") every five years through deliberation by the National Dementia Management Committee established under Article 7. The same shall also apply where he/she intends to modify an important matter specified by Presidential Decree in the comprehensive plans.
(2) Comprehensive plans shall include the following matters: <Amended by Act No. 13112, Jan. 28, 2015>
1. Basic policies on the prevention and management of dementia;
2. A plan and method for executing programs for examination of dementia;
3. Medical treatment, protection, and management of dementia patients;
4. Public relations activities and education on dementia;
5. Surveys, research, and development with regard to dementia;
6. Training of professional human resources necessary for dementia management;
7. Support for families of dementia patients;
8. Other matters necessary for dementia management.
(3) The Minister of Health and Welfare shall notify the head of each related central administrative agency, a Special Metropolitan City Mayor, each Metropolitan City Mayor, each Do Governor, the Governor of each Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (Gu means an autonomous Gu; the same shall apply hereinafter) of the comprehensive plans finally formulated.
(4) The head of each related central administrative agency, each Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate, execute, and evaluate an implementation plan for dementia management (hereinafter referred to as "implementation plan") each year in accordance with the comprehensive plans.
(5) If necessary to formulate and execute the comprehensive plans or implementation plans, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request a related agency, organization, or facility to provide data and to cooperate in his/her work. In such cases, the related agency, etc. so requested shall comply with such request, except in extenuating circumstances.
(6) Matters necessary for the formulation of the comprehensive plans and the formulation, execution, and evaluation of the implementation plans shall be prescribed by Presidential Decree.
 Article 7 (National Dementia Management Committee)
The Minister of Health and Welfare shall have the National Dementia Management Committee (hereinafter referred to as the "Committee") under his/her jurisdiction to deliberate on important matters regarding the establishment of the comprehensive plans and dementia management.
 Article 8 (Composition of Committee)
(1) The Committee shall be comprised of not less than 15 members, including one chairperson.
(2) The Vice Minister of Health and Welfare shall serve as the committee chairperson.
(3) Committee members shall be appointed or commissioned by the Minister of Health and Welfare from among persons who have good knowledge on and experience in dementia.
(4) Other matters necessary for the composition, organization, and operation of the Committee shall be prescribed by Presidential Decree.
 Article 9 (Functions of Committee)
The Committee shall deliberate on the following matters:
1. Matters regarding the system and institution for national dementia management;
2. Matters regarding the establishment and evaluation of the comprehensive plans;
3. Matters regarding annual implementation plans;
4. Important matters regarding the budget for dementia management programs;
5. Other important matters the chairperson brings to the Committee for deliberation in regard to dementia management programs.
CHAPTER III DEMENTIA RESEARCH PROJECTS, ETC.
 Article 10 (Dementia Research Projects)
(1) To prevent dementia and develop technology for medical treatment, the Minister of Health and Welfare shall execute research and development projects on dementia (hereinafter referred to as "dementia research projects").
(2) Dementia research projects shall include the following matters:
1. Research on standard guidelines for the management of dementia patients;
2. Research on dementia-related medical and welfare services;
3. Other projects specified by Ordinance of the Ministry of Health and Welfare.
(3) In promoting dementia research projects, the Minister of Health and Welfare shall preferentially support joint research projects conducted in academic circles, or by research institutes and industrial firms.
(4) The Minister of Health and Welfare shall endeavor to enhance international cooperation in dementia research projects and shall prepare schemes for dispatching professional human resources overseas and inviting professional human resources to Korea to introduce advanced technology.
(5) The Minister of Health and Welfare may authorize a general hospital under Article 3 (2) of the Medical Service Act (hereinafter referred to as "general hospital"), a social welfare corporation under subparagraph 3 of Article 2 of the Social Welfare Services Act, or other organization engaged in providing health, medical, or welfare services to carry out a dementia research project.
(6) Matters necessary for supportingdementia research projects shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 11 (Dementia Examination Program)
(1) The Minister of Health and Welfare shall execute an examination program for early detection of dementia (hereinafter referred to as "dementia examination program") in accordance with the relevant comprehensive plan.
(2) Matters necessary for the scope, eligible persons, examination cycle of the dementia examination program shall be prescribed by Presidential Decree.
(3) Matters necessary for methods, procedures, etc. for examining dementia shall be prescribed by Ordinance of the Ministry for Health and Welfare.
(4) The State may subsidize beneficiaries of medical care assistance prescribed in the Medical Care Assistance Act and health insurance policy holders specified by Presidential Decree all or some expenses incurred in undergoing an examination of dementia, among persons who undergo an examination of dementia.
 Article 12 (Subsidization Program of Dementia Patients for Medical Expenses)
(1) The State or a local government may subsidize dementia patients for expenses incurred in the treatment and diagnosis of dementia from its budget, taking into consideration each dementia patient's capability to bear such expenses.
(2) Matters necessary for the eligibility, guidelines, and methods for the subsidization of medical expenses under paragraph (1) shall be prescribed by Presidential Decree.
 Article 12-2 (Programs for Supporting Families of Dementia Patients)
(1) The State and a local government shall develop and distribute counseling and education programs for families of dementia patients.
(2) The development, distribution, and support of counseling and education programs pursuant to paragraph (1), and other necessary matters shall be prescribed by the Ordinance of Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13112, Jan. 28, 2015]
 Article 13 (Program for Registering and Compiling Statistics on Dementia)
To compile statistics on dementia by continuously and systematically collecting and analyzing data about the occurrence and management of dementia, the Minister of Health and Welfare shall execute a registration, management, and survey program (hereinafter referred to as "program for the registration and statistics of dementia").
 Article 14 (Epidemiological Surveys)
(1) When the Minister of Health and Welfare deems it necessary to discover causes of dementia, he/she may conduct an epidemiological survey.
(2) Matters necessary for the time of conducting an epidemiological survey under paragraph (1) and the method and details of such survey shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 15 (Cooperation, etc. in Providing Data)
(1) The Minister of Health and Welfare may request medical personnel or a medical institution that examines and treats dementia patients, the National Health Insurance Corporation or the Health Insurance Review and Assessment Service established under the National Health Insurance Act, the head of a related central administrative agency, the head of a local government, the head of a public institution, or other corporation or organization engaged in dementia-related business to submit data necessary for the programs for the registration and statistics of dementia under Article 13 and epidemiological surveys under Article 14 or to present his/her opinion thereon, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person requested to submit data or present his/her opinion shall comply with such request, except in extenuating circumstances.
(2) Data the Minister of Health and Welfare may request pursuant to paragraph (1) shall be limited to those in a form by which no specific person can be identified.
 Article 16 (Establishment of Central Dementia Center)
(1) The Minister of Health and Welfare may establish and operate a Central Dementia Center to perform the following affairs: <Amended by Act No. 13112, Jan. 28, 2015>
1. Forecasting of the domestic and overseas trend of, and demand for dementia research projects:
2. Preparation of plans for dementia research projects;
3. Public invitation of, deliberation on, and selection of tasks for dementia research projects;
4. Evaluation and utilization of outcomes of dementia research projects;
5. Deleted; <by Act No. 13112, Jan. 28, 2015>
6. Education, training, and support in relation to programs for the management of home dementia patients;
7. Public relations activities for dementia management;
8. Collection, analysis, and provision of information and statistics on dementia;
9. Domestic and overseas cooperation in relation to dementia;
10. Development and distribution of new technology for the prevention, examination, and treatment of dementia;
11. Other affairs the Minster of Health and Welfare deems necessary regarding dementia.
(2) The Minster of Health and Welfare may entrust the establishment and operation of the Central Dementia Center pursuant to paragraph (1) to the hospital-level medical institution as referred to in Article 3 (2) 3 of the Medical Service Act, equipped with professional human resources and facilities necessary for performing the affairs thereof. <Newly Inserted by Act No. 13112, Jan. 28, 2015>
(3) Matters necessary for the establishment and operation of the Central Dementia Center under paragraph (1) and entrustment, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13112, Jan. 28, 2015>
 Article 16-2 (Establishment of Regional Dementia Centers)
(1) A Mayor/Do Governor may establish and operate a regional dementia center to perform the following affairs concerning dementia management, in consultation with the Minister of Health and Welfare:
1. Plan dementia management projects;
2. Research on dementia;
3. Technical support for dementia counseling centers and welfare facilities, etc. for the aged referred to in Article 31 of the Welfare of Older Persons Act;
4. Investigation of resources, such as facilities and infrastructure regarding dementia, and preparation of connection systems;
5. Education and training for human resource engaging in dementia;
6. Education and public relations activities regarding dementia for dementia patients and their families;
7. Public relations activities to improve understanding on dementia;
8. Other affairs regarding dementia designated by the Minister of Health and Welfare.
(2) A Mayor/Do Governor may entrust the establishment and operation of the regional dementia centers pursuant to paragraph (1) to the hospital-level medical institution as referred to in Article 3 (2) 3 of the Medical Service Act, equipped with professional human resources and facilities necessary for performing the affairs thereof.
(3) Matters necessary for the establishment and operation of the regional dementia centers pursuant to paragraph (1) and entrustment, etc. pursuant to paragraph (2) shall be prescribed by ordinance of the relevant local government.
[This Article Newly Inserted by Act No. 13112, Jan. 28, 2015]
 Article 17 (Establishment of Dementia Counseling Centers)
(1) A dementia counseling center for the prevention of dementia and the management of dementia patients (hereinafter referred to as "dementia counseling center") shall be established within the public health clinics in each Si/Gun/Gu.
(2) Dementia counseling centers shall carry out the following affairs:
1. Registration and management of dementia patients;
2. Assistance in the program for the registration and statistics of dementia;
3. Prevention of dementia, education and public relations activities thereon;
4. Management of dementia patients and their families by visiting;
5. Early examination of dementia;
6. Other affairs the head of the competent Si/Gun/Gu deemsnecessary for dementia management.
(3) Standards for human resources of a dementia counseling center and other necessary matters shall be prescribed by Ordinance of the Ministry for Health and Welfare.
 Article 17-2 (Establishment of Dementia Counseling Call Center)
(1) The Minster of Health and Welfare may establish a dementia counseling call center to provide professional and systemic counseling service about prevention of dementia, management of dementia patient, etc.
(2) The dementia counseling call center shall perform the following affairs:
1. Provision of information on dementia;
2. Provision of information on treatment, protection, and management of dementia patients;
3. Provision of information on support for dementia patients and their families;
4. Psychological counseling for families of dementia patients;
5. Provision of other dementia-related information and counseling deemed necessary by the Minster of Health and Welfare.
(3) The Minster of Health and Welfare may entrust the establishment and operation of the dementia counseling call center pursuant to paragraph (1) to the hospital-level medical institution as referred to in Article 3 (2) 3 of the Medical Service Act, a dementia-related specialized institution, corporation, organization, etc., equipped with professional human resources and facilities necessary for performing the affairs thereof.
(4) Matters necessary for the establishment and operation of the dementia counseling call center pursuant to paragraph (1) and entrustment, etc. pursuant to paragraph (3) shall be prescribe by the Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13112, Jan. 28, 2015]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 18 (Subsidization of Expenses)
(1) The State and a local government may fully or partially subsidize the following expenses incurred by a person who carries out a dementia management programs: <Amended by Act No. 13112, Jan. 28, 2015>
1. Expenses incurred in conducting a dementia research project under Article 10, the dementia examination program under Article 11, the program for supporting families of dementia patients pursuant to Article 12-2, the program for registering and compiling statistics on dementia under Article 13, or an epidemiological survey under Article 14;
1-2. Expenses incurred in relation to the establishment and operation of the Central Dementia Center pursuant to Article 16 and the regional dementia centers pursuant to Article 16-2;
1-3. Expenses incurred in relation to the establishment and operation of the dementia counseling call center pursuant to Article 17-2;
2. Expenses incurred in relation to education and public relations activities in regard to dementia management programs;
3. Expenses incurred in relation to the education and training of professional human resources necessary for dementia management programs;
4. Expenses incurred in relation to educational programs and public relations activities by a corporation or organization that carries out a dementia management program.
(2) Matters necessary for the guidelines, methods, and procedures for the subsidization of expenses under paragraph (1) shall be prescribed by Presidential Decree.
 Article 19 (Prohibition of Divulgence of Confidential Information)
No one who is or was engaged in a dementia management program under this Act shall divulge confidential information known to him/her in the course of performing his/her work.
 Article 20 (Delegation and Entrustment)
(1) The Minister of Health and Welfare or a Mayor/Do Governor may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of aSi/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust a corporation or organization capable of carrying out a dementia management program with part of his/her authority, as prescribed by Presidential Decree.
CHAPTER V PENAL PROVISIONS
 Article 21 (Penal Provisions)
A person who divulges confidential information in violation of Article 19 shall be punished by imprisonment with prison labor for not more than 2 years or by a fine not exceeding 20 million won.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Dementia Counseling Centers) A dementia counseling center established and operated pursuant to Article 29-2 of the Welfare of Older Persons Act shall be deemed a dementia counseling center established under this Act.
(3) Omitted.
ADDENDUM <Act No. 13112, Jan. 28, 2015>
This Act shall enter into force six months after the date of its promulgation.