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Questions and Answers
What is the short title of this Act?
What is the short title of this Act?
What is one of the objectives of this Act?
What is one of the objectives of this Act?
What international convention is explicitly mentioned in the Act?
What international convention is explicitly mentioned in the Act?
What is the purpose of the Mental Health Act?
What is the purpose of the Mental Health Act?
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What is the obligation of the State according to the Act?
What is the obligation of the State according to the Act?
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What is recognized in the Act?
What is recognized in the Act?
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What is one of the fundamental rights of people who require mental health services?
What is one of the fundamental rights of people who require mental health services?
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What is considered a primary chronic relapsing disease according to the Act?
What is considered a primary chronic relapsing disease according to the Act?
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What is the goal of the Act in terms of mental health care?
What is the goal of the Act in terms of mental health care?
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Who is considered a carer according to the Act?
Who is considered a carer according to the Act?
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What is the purpose of ensuring confidentiality according to the Act?
What is the purpose of ensuring confidentiality according to the Act?
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What is deinstitutionalization according to the Act?
What is deinstitutionalization according to the Act?
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What is discrimination according to the Act?
What is discrimination according to the Act?
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What is the focus of drug rehabilitation according to the Act?
What is the focus of drug rehabilitation according to the Act?
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What is impairment or temporary loss of decision-making capacity according to the Act?
What is impairment or temporary loss of decision-making capacity according to the Act?
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What is the purpose of special measures according to the Act?
What is the purpose of special measures according to the Act?
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What is the primary function of a Mental Health Facility?
What is the primary function of a Mental Health Facility?
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Who can determine a service user's impairment or temporary loss of decision-making capacity?
Who can determine a service user's impairment or temporary loss of decision-making capacity?
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What is required for a service user to give informed consent?
What is required for a service user to give informed consent?
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What is a Mental Health Condition characterized by?
What is a Mental Health Condition characterized by?
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Who can be a Legal Representative of a service user?
Who can be a Legal Representative of a service user?
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What is included in the definition of Mental Health?
What is included in the definition of Mental Health?
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What is the basis for determining neurologic and psychiatric conditions?
What is the basis for determining neurologic and psychiatric conditions?
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Who can be a Mental Health Professional?
Who can be a Mental Health Professional?
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What does a Mental Health Service Provider refer to?
What does a Mental Health Service Provider refer to?
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What is a Psychiatric or Neurologic Emergency?
What is a Psychiatric or Neurologic Emergency?
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What is a Mental Health Worker?
What is a Mental Health Worker?
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What is a Recovery-Based Approach?
What is a Recovery-Based Approach?
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Who is a Service User?
Who is a Service User?
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What is Support in the context of mental health?
What is Support in the context of mental health?
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What is Supported Decision Making?
What is Supported Decision Making?
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What is a Psychosocial Problem?
What is a Psychosocial Problem?
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What does Mental Health Service refer to?
What does Mental Health Service refer to?
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What is one of the rights of service users under the Act?
What is one of the rights of service users under the Act?
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What is the standard of treatment that service users have the right to access?
What is the standard of treatment that service users have the right to access?
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What is one of the circumstances under which confidentiality can be breached?
What is one of the circumstances under which confidentiality can be breached?
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What is one of the principles of mental health care under the Act?
What is one of the principles of mental health care under the Act?
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What is one of the rights of service users in relation to their treatment?
What is one of the rights of service users in relation to their treatment?
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What is one of the goals of mental health care under the Act?
What is one of the goals of mental health care under the Act?
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What is one of the rights of service users in relation to their information?
What is one of the rights of service users in relation to their information?
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What is one of the principles of access to mental health services under the Act?
What is one of the principles of access to mental health services under the Act?
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What is one of the rights of service users in relation to their participation?
What is one of the rights of service users in relation to their participation?
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What is one of the goals of mental health care under the Act?
What is one of the goals of mental health care under the Act?
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Who has the authority to access a service user's medical information?
Who has the authority to access a service user's medical information?
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What is the purpose of internal review boards in health facilities?
What is the purpose of internal review boards in health facilities?
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When can treatment or therapy be administered without informed consent?
When can treatment or therapy be administered without informed consent?
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What is the primary focus of mental health services at the community level?
What is the primary focus of mental health services at the community level?
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What is the role of the DOH in the establishment of community-based mental health care facilities?
What is the role of the DOH in the establishment of community-based mental health care facilities?
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What must LGUs include in their quarterly report to the Philippine Council for Mental Health?
What must LGUs include in their quarterly report to the Philippine Council for Mental Health?
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What is a focus of mental health services according to the Act?
What is a focus of mental health services according to the Act?
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What service must each local health care facility be capable of conducting?
What service must each local health care facility be capable of conducting?
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What is required in educational institutions according to the Act?
What is required in educational institutions according to the Act?
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What is the focus of psychiatric, psychosocial, and neurologic services in regional, provincial, and tertiary hospitals?
What is the focus of psychiatric, psychosocial, and neurologic services in regional, provincial, and tertiary hospitals?
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What is the goal of capacity building in the Act?
What is the goal of capacity building in the Act?
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What is the purpose of community-based mental health care facilities?
What is the purpose of community-based mental health care facilities?
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What is the responsibility of the DOH regarding Barangay Health Workers (BHWs)?
What is the responsibility of the DOH regarding Barangay Health Workers (BHWs)?
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What is the role of mental health facilities?
What is the role of mental health facilities?
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What is the purpose of informed consent in writing prior to treatment?
What is the purpose of informed consent in writing prior to treatment?
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What is a requirement for mental health research in the Act?
What is a requirement for mental health research in the Act?
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What is the purpose of the nationwide multimedia campaign?
What is the purpose of the nationwide multimedia campaign?
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Who can designate a person of legal age to act as their legal representative?
Who can designate a person of legal age to act as their legal representative?
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What is required in the workplace according to the Act?
What is required in the workplace according to the Act?
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What is the purpose of an advance directive?
What is the purpose of an advance directive?
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Who can access a service user's clinical records?
Who can access a service user's clinical records?
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What is the focus of mental health promotion in educational institutions?
What is the focus of mental health promotion in educational institutions?
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What is the purpose of supported decision making?
What is the purpose of supported decision making?
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What is the importance of research and development in the Act?
What is the importance of research and development in the Act?
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What is a responsibility of employers according to the Act?
What is a responsibility of employers according to the Act?
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When can a service user or their legal representative contest a decision to withhold clinical records?
When can a service user or their legal representative contest a decision to withhold clinical records?
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What is the right of a service user in relation to private communication?
What is the right of a service user in relation to private communication?
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Who can file complaints of improprieties, abuses in mental health care?
Who can file complaints of improprieties, abuses in mental health care?
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What is the right of a service user in relation to legal services?
What is the right of a service user in relation to legal services?
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When must a service user receive information about their rights?
When must a service user receive information about their rights?
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What is the role of the National Center for Mental Health (NCMH)?
What is the role of the National Center for Mental Health (NCMH)?
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What is the role of the Department of Health (DOH)?
What is the role of the Department of Health (DOH)?
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What is the role of the Commission on Human Rights (CHR)?
What is the role of the Commission on Human Rights (CHR)?
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What is the role of the Department of Education (DepED), Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA)?
What is the role of the Department of Education (DepED), Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA)?
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What is the role of the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC)?
What is the role of the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC)?
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What is the role of the Department of Social Welfare and Development (DSWD)?
What is the role of the Department of Social Welfare and Development (DSWD)?
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What is the role of the Local Government Units (LGUs)?
What is the role of the Local Government Units (LGUs)?
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What is the role of the Philippine Council for Mental Health?
What is the role of the Philippine Council for Mental Health?
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When will this Act take effect?
When will this Act take effect?
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What happens to laws or orders that are inconsistent with this Act?
What happens to laws or orders that are inconsistent with this Act?
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What is the role of the Commission on Human Rights (CHR) in relation to mental health care institutions?
What is the role of the Commission on Human Rights (CHR) in relation to mental health care institutions?
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What is the purpose of upgrading local hospitals and health care facilities?
What is the purpose of upgrading local hospitals and health care facilities?
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Who signed the Act on June 20, 2018?
Who signed the Act on June 20, 2018?
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What is the basis for the final passage of the Act?
What is the basis for the final passage of the Act?
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Who are the officials responsible for certifying the passage of the Act?
Who are the officials responsible for certifying the passage of the Act?
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How many days do the members of the Council have to be appointed by the President of the Philippines?
How many days do the members of the Council have to be appointed by the President of the Philippines?
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What is the term of office for members of the Council representing academe/research, private sector, and NGOs?
What is the term of office for members of the Council representing academe/research, private sector, and NGOs?
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Where is the Mental Health Division to be established?
Where is the Mental Health Division to be established?
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What is the purpose of the examination for mental health conditions for drug dependents?
What is the purpose of the examination for mental health conditions for drug dependents?
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What is the penalty for any person who commits acts in violation of this Act?
What is the penalty for any person who commits acts in violation of this Act?
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How many days does the Secretary of Health have to issue the Implementing Rules and Regulations?
How many days does the Secretary of Health have to issue the Implementing Rules and Regulations?
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What is the purpose of the strategic plan formulated by the Council?
What is the purpose of the strategic plan formulated by the Council?
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What happens if any provision of this Act is declared unconstitutional or invalid?
What happens if any provision of this Act is declared unconstitutional or invalid?
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What is the basis for allocating funds for mental health in the DOH budget?
What is the basis for allocating funds for mental health in the DOH budget?
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What is the purpose of the appropriation for the initial implementation of this Act?
What is the purpose of the appropriation for the initial implementation of this Act?
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Study Notes
Overview of the Mental Health Act
- The Mental Health Act aims to enhance the delivery of integrated mental health services, promote and protect the rights of persons utilizing psychosocial health services, and appropriate funds for these purposes.
Objectives of the Act
- The objectives of the Act are to:
- Value, promote, and protect mental health
- Prevent and treat mental health conditions
- Provide timely, affordable, high-quality, and culturally-appropriate mental health care
- Ensure mental health services are free from coercion and accountable to service users
- Enable persons affected by mental health conditions to exercise their human rights and participate fully in society
Definitions
- Key definitions under the Act include:
- Addiction: a primary, chronic, relapsing disease of brain reward, motivation, memory, and related circuitry
- Carer: a person who maintains a close personal relationship and manifests concern for the welfare of the patient
- Confidentiality: ensuring that information related to persons with psychiatric, neurologic, and psychological health needs is kept safe from unauthorized access, use, or disclosure
- Deinstitutionalization: transitioning service users from institutional to community-based settings that enable social participation, recovery-based approaches, and individualized care
- Discrimination: any distinction, exclusion, or restriction that nullifies the recognition, enjoyment, or exercise of human rights and fundamental freedoms
Rights of Service Users and Other Stakeholders
- Service users have the right to:
- Freedom from discrimination and stigmatization
- Access to evidence-based treatment of the same standard and quality, regardless of age, sex, socioeconomic status, race, ethnicity, or sexual orientation
- Access to affordable essential health and social services for achieving the highest attainable standard of mental health
- Participate in mental health advocacy, policy planning, legislation, service provision, monitoring, research, and evaluation
- Confidentiality of all information, communications, and records regarding their mental health
- Give informed consent before receiving treatment or care
- Participate in the development of their psychosocial care or clinical treatment plan
- Designate or appoint a person of legal age to act as their legal representative
- Family members, carers, and legal representatives have the right to:
- Be involved in the care and treatment of the service user
- Receive information about the service user's health and treatment
- Participate in decision-making processes
- Mental health professionals have the right to:
- Practice their profession with autonomy and independence
- Receive fair compensation for their services
- Participate in the development of mental health policies and programs
Treatment and Consent
- Service users must provide informed consent in writing prior to the implementation of any plan or program of therapy or treatment
- Advance directives may be executed by service users to express their preferences in relation to treatment
- Legal representatives may be designated by service users to act on their behalf
- Supported decision-making is allowed, where service users may designate up to three persons to assist them in making decisions
- Internal review boards shall be established in public and private health facilities to review cases, disputes, and controversies involving treatment, restraint, or confinement of service users
Mental Health Services
- Quality of mental health services shall be ensured through:
- Evidence-based practices
- Cultural sensitivity
- Respect for individual rights and dignity
- Involvement of service users and their families in decision-making processes
- Mental health services shall be developed and integrated as part of basic health services at the community level, particularly at the city, municipal, and barangay level
- Community-based mental health care facilities shall be established to provide responsive primary mental health services### Mental Health Care Facilities
- The national government, through the Department of Health (DOH), shall fund and assist in the operation of community-based mental health care facilities in provinces, cities, and clusters of municipalities.
- Each facility shall have a complement of mental health professionals, allied professionals, support staff, trained barangay health workers (BHWs), volunteer, family members of patients or service users, basic equipment and supplies, and adequate stock of medicines.
Reportorial Requirements
- Local government units (LGUs) through their health offices shall submit a quarterly report to the Philippine Council for Mental Health through the DOH.
- The report shall include data on the number of patients/service users attended to, types of mental illness or disability, duration and result of treatment, and patients/users' age, gender, educational attainment, and employment.
Psychiatric, Psychosocial, and Neurologic Services
- Regional, provincial, and tertiary hospitals, including private hospitals, shall provide psychiatric, psychosocial, and neurologic services.
- Services shall include mechanisms for suicide intervention, prevention, and response strategies, with particular attention to the concerns of the youth.
- 24/7 hotlines shall be set up to provide assistance to individuals with mental health conditions, especially those at risk of committing suicide.
Public Awareness
- The DOH and LGUs shall initiate and sustain a nationwide multimedia campaign to raise public awareness on the protection and promotion of mental health and rights.
- The campaign shall include information on mental health and nutrition, stress handling, guidance and counseling, and other elements of mental health.
Education and Promotion of Mental Health
- The state shall ensure the integration of mental health into the educational system.
- Educational institutions shall develop policies and programs to raise awareness on mental health issues, identify and provide support and services for individuals at risk, and facilitate access to treatment and psychosocial support.
- Employers shall develop policies and programs on mental health issues, correct stigma and discrimination, and identify and provide support for individuals with mental health conditions.
Capacity Building, Research, and Development
- Mental health professionals, workers, and other service providers shall undergo capacity building, reorientation, and training to develop their ability to deliver evidence-based, gender-sensitive, culturally appropriate, and human rights-oriented mental health services.
- Research and development shall be undertaken to produce information, data, and evidence necessary to formulate and develop a culturally relevant national mental health program.
- High ethical standards in mental health research shall be promoted to ensure that research is conducted with free and informed consent, without privileges, compensation, or remuneration, and with approval from an independent ethics committee.
National Center for Mental Health
- The National Center for Mental Health (NCMH) shall be the premier training and research center for the development of interventions on mental and neurological services in the country.
Duties and Responsibilities of Government Agencies
- The DOH shall achieve the policy and objectives of this Act, including providing mental health services, conducting research and development, and promoting public awareness.
- The Commission on Human Rights (CHR) shall receive complaints of human rights violations involving mental health, investigate, and initiate appropriate action.
- The Department of Education (DepED), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA) shall integrate mental health into the educational system.
- The Department of Labor and Employment (DOLE) and Civil Service Commission (CSC) shall develop policies and programs on mental health issues in the workplace.
- The Department of Social Welfare and Development (DSWD) shall provide support services for individuals with mental health conditions.
- Local government units (LGUs) shall establish or upgrade hospitals and facilities to provide mental health services, and shall provide funding and assistance for the effective implementation of this provision.
Philippine Council for Mental Health
- The Philippine Council for Mental Health shall oversee the implementation of this Act, particularly the protection of the rights and freedom of persons with psychiatric, neurologic, and psychosocial needs.
- The Council shall be composed of representatives from the government, academe/research, private sector, and non-government organizations.
- The Council shall exercise duties and functions, including policy-making, planning, coordinating, and advising on mental health issues.
Miscellaneous Provisions
- Any person who commits acts in violation of this Act shall be punished by imprisonment or a fine, or both, at the discretion of the court.
- The amount needed for the initial implementation of this Act shall be charged against the 2018 appropriations of the DOH.
- The Secretary of Health shall issue implementing rules and regulations (IRR) within 120 days from the effectivity of this Act.
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Description
This quiz covers the objectives and goals of the Mental Health Act, including promoting mental health, preventing and treating mental health conditions, and providing culturally-appropriate care.