Ethical and legal considerations in regulating remote mental health services in Malaysia

In early 2020, the world was hit with an unprecedented pandemic that infected over 2 million and killed nearly 32,000 Malaysians. The pandemic has resulted in a series of movement control orders that enforces nationwide travel restrictions and lockdown on all non-essential economic sectors. While the primary intention of these efforts is to contain the virus from spreading, it inadvertently takes a toll on the mental health of the general population. Coupled with the economic downturn and lack of social interactions Malaysia is now also facing a mental health crisis amidst a pandemic. Adding salt to the injury, many in need of treatment has avoided seeking professional care altogether to avoid contracting the virus. To overcome this issue, the country has utilised information and communication technologies to deliver mental healthcare remotely. However, there are many ethical and legal concerns as there is no clear guidance on how to deliver remote mental healthcare effectively and safely. This dissertation (i) explores the existing guidelines and legislation on telemedicine and remote mental healthcare in Malaysia, (ii) highlights the ethical and legal concerns in the practice and (iii) at the end concludes with recommendations on what is the best approach in regulating the practice.