DEMENTIA MANAGEMENT ACT
Act No. 11013, Aug. 4, 2011
Amended by Act No. 13112, Jan. 28, 2015
Act No. 14896, Sep. 19, 2017
Act No. 15649, jun. 12, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to mitigate personal pain and damage 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 protection of and support for dementia patients, and research for the eradication of dementia. <Amended by Act No. 15649, Jun. 12, 2018>
The terms used in this Act shall be defined as follows: <Amended by Act No. 15649, Jun. 12, 2018>
| 1. | The term "dementia" means an acquired composite disorder that affects a person's daily life as a result of a degenerative brain disorder or cerebrovascular disease that deteriorates a person'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 with dementia by a physician or oriental medical doctor; |
| 3. | The term "dementia management" means the prevention of dementia, the protection of and support for 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. |
| (6) | Matters necessary for supporting dementia 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 12-3 (Support for Use of Adult Guardianship System) |
| (1) | The head of a local government may file a request with the Family Court for the commencement of adult guardianship or limited guardianship or for the adjudication of specific guardianship pursuant to the Civil Act for a dementia patient who is considered to be unable to appoint a guardian on his/her own though he/she requires the appointment of guardian on any of the following grounds: |
| 1. | Where there is a good reason to believe that he/she requires an agent or assistant to act on behalf of or assist him/her in decision-making due to inadequate or little capacity for his/her daily decision-making; |
| 2. | Where he/she has no family member to appropriately defend his/her rights; |
| 3. | Where it is very likely that his/her rights will be infringed unless a separate action is taken. |
| (2) | When filing a request for the commencement of adult guardianship or limited guardianship or for the adjudication of specific guardianship pursuant to paragraph (1), the head of the local government shall select an individual or a legal entity meeting the requirements prescribed by Presidential Decree as a guardianship candidate and request the Court to appoint the individual or legal entity as a guardian. |
| (3) | The head of a local government may commission the head of an institution, a legal entity or an organization related to the treatment, protection and management of dementia patients to recommend a guardianship candidate under paragraph (2). |
| (4) | The State or a local government may, within the budgetary limits, reimburse some of the expenses incurred by a guardian appointed pursuant to paragraph (1) or (2) in performing his/her guardianship services, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Matters necessary for the requirements for supporting the use of the guardianship system, the qualifications and recommendation procedures for guardianship candidates, and the reimbursement of expenses necessary for the performance of guardianship services by guardians pursuant to paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 14896, Sep. 19, 2017]
| 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: <Amended by Act No. 15649, Jun. 12, 2018> |
| 1. | Plans for dementia management projects; |
| 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 affairs; |
| 6. | Prevention of dementia, education and public relations regarding dementia for dementia patients and their families; |
| 7. | Public relations 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 municipal ordinance of the relevant local governments. |
[This Article Newly Inserted by Act No. 13112, Jan. 28, 2015]
| Article 16-3 (Establishment and Operation of Public Intermediate Care Hospitals) |
| (1) | A local government may establish and operate an intermediate care hospital pursuant to Article 3 (2) 3 (d) of the Medical Service Act (hereinafter referred to as “public intermediate care hospital”), as prescribed by Presidential Decree, to provide medical services for local residents with dementia or other aging-associated diseases. |
| (2) | The Minister of Health and Welfare shall assess operations of public intermediate care hospitals, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the Minister of Health and Welfare may entrust the assessment of operations to the head of each local government if deemed necessary. |
| (3) | The head of a local government may entrust the operation of a public intermediate care hospital to a legal entity, organization or individual prescribed by Ordinance of the Ministry of Health and Welfare if necessary to operate the hospital in a more specialized and efficient way. |
| (4) | Where it is intended to entrust the operation of a public intermediate care hospital pursuant to paragraph (3), it shall be publicly announced for general bidding: Provided, That when the operation of a public intermediate care hospital is entrusted to a person who has contributed property determined by Ordinance of the Ministry of Health and Welfare, such as a site or building required for the establishment and operation of the hospital, such entrustment may be made by a negotiated contract. |
| (5) | The period for which the operation of a public intermediate care hospital can be entrusted shall be five years from the date of entrustment, and the head of a local government may renew an entrustment contract on a five-year basis, taking into consideration the results of operational assessment pursuant to paragraph (2). |
| (6) | If a person entrusted with the operation of a public intermediate care hospital pursuant to paragraph (3) (hereinafter referred to as “entrusted person”) illegally or unjustly operates the public intermediate care hospital or violates the entrustment contract, the head of the relevant local government may request him/her to take corrective measures. |
| (7) | The head of a local government may terminate an entrustment contract if the entrusted person falls under any of the following cases: Provided, That if the entrusted person falls under subparagraph 1, the entrustment contract shall be terminated: |
| 1. | Where he/she has concluded the entrustment contract by fraud or other wrongful means; |
| 2. | Where it is deemed impracticable to operate the public intermediate care hospital by means of entrustment on grounds of dishonor, bankruptcy, dissolution, the suspension or revocation of a license for medical personnel, or the suspension or revocation of the medical service business license; |
| 3. | Where he/she has refused, interfered with, or evaded the operational assessment under paragraph (2) without good cause; |
| 4. | Where he/she has not complied with the request for correction by the head of the local government pursuant to paragraph (6) without good cause; |
| 5. | Where any grounds for contract termination have occurred as specified in the entrustment contract. |
| (8) | Prior to termination of an entrustment contract pursuant to paragraph (7), the head of the local government shall give the entrusted person an opportunity to state his/her opinion. |
[This Article Newly Inserted by Act No. 15649, Jun. 12, 2018]
| Article 16-4 (Designation of Dementia Care Hospitals) |
| (1) | The Minister of Health and Welfare may designate as a dementia care hospital a medical institution that is deemed to be or to be capable of being equipped with the personnel, facilities and equipment necessary to professionally and systematically provide dementia-related medical services, such as the diagnosis and treatment of dementia and the nursing of dementia patients. |
| (2) | A medical institution seeking to be designated as a dementia care hospital shall file an application therefor with the Minister of Health and Welfare. In such cases, if an application is filed by a public intermediate care hospital pursuant to Article 16-3 (1), the hospital may be preferentially considered in the designation as a dementia care hospital. |
| (3) | The State or a local government may reimburse all or some of the expenses incurred by a dementia care hospital designated pursuant to paragraph (1) in establishing and operating a specialized dementia ward or expanding facilities, personnel or equipment to provide dementia-related medical services. |
| (4) | A medical institution designated as a dementia care hospital shall establish a plan for providing appropriate dementia-related medical services as prescribed by Ordinance of the Ministry of Health and Welfare; and shall report the results of its implementation to the Minister of Health and Welfare. |
| (5) | Matters necessary for standards and procedures for designating dementia care hospitals shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 15649, Jun. 12, 2018]
| Article 17 (Establishment of Dementia Care Centers) |
| (1) | A dementia care center for dementia prevention and comprehensive support for dementia patients and their families (hereinafter referred to as “dementia care center”) shall be established within the public health clinics of each Si/Gun/Gu. |
| (2) | A dementia care center shall perform each of the following: |
| 1. | Dementia-related counseling and early examination of dementia; |
| 2. | Registration and management of dementia patients; |
| 3. | Assistance in the program for the registration and statistics of dementia; |
| 4. | Prevention of dementia, and education and public relations thereon; |
| 5. | Operation of short-term care homes for dementia patients; |
| 6. | Projects to support families of dementia patients; |
| 7. | Other work deemed by the head of a Si/Gun/Gu to be necessary for dementia management. |
| (3) | Standards for facilities and human resources of dementia care centers, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 15649, Jun. 12, 2018]
| 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 executes a dementia management program: <Amended by Act No. 13112, Jan. 28, 2015; Act No. 15649, Jun. 12, 2018> |
| 1. | Expenses incurred in relation to 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 the registration and statistics of 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, regional dementia centers, and dementia care centers pursuant to Articles 16, 16-2 and 17; |
| 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 regarding 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 education and public relations by a corporation or organization that executes 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 a Si/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. |
ADDENDUM <Act No. 13112, Jan. 28, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14896, Sep. 19, 2017>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 15649, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Public Intermediate Care Hospitals)
Article 3 (Transitional Measures concerning Entrustment of Operation of Public Intermediate Care Hospitals)
Where the operation of a public intermediate care hospital is entrusted by a local government as at the time this Act enters into force, the previous entrustment contract shall be deemed to be made in accordance with this Act, and the period of entrustment shall be deemed the remainder of the term of the previous entrustment contract.