Questions and Answers
What is the primary characteristic of addiction as defined in this Act?
Who is considered a Carer according to this Act?
What is the purpose of deinstitutionalization?
What is NOT considered discriminatory according to this Act?
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What is the primary goal of drug rehabilitation?
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What is impairment or temporary loss of decision-making capacity?
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What is ensured through confidentiality?
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What is included in the drug rehabilitation process?
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Which of the following is NOT a criteria for assessing impairment or temporary loss of decision-making capacity?
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What is the primary function of a Mental Health Facility?
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Who can be considered a Legal Representative of a service user?
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What is the definition of Mental Health?
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What is a Mental Health Condition characterized by?
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Who can provide informed consent on behalf of a service user?
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What is required for a person to be considered a Mental Health Professional?
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What is the purpose of informed consent?
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What is the primary goal of a Recovery-Based Approach?
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Which of the following is NOT a type of support referred to in the Act?
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What is guaranteed to service users on an equal and nondiscriminatory basis?
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Who is considered a Mental Health Worker?
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What is included in the right to exercise all civil, political, economic, social, religious, educational, and cultural rights?
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What is a Psychosocial Problem?
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What is the standard and quality of treatment that service users have the right to access?
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What is the primary purpose of Supported Decision Making?
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What is the purpose of access to affordable essential health and social services?
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What is included in the comprehensive and coordinated treatment that service users have the right to access?
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What is a Psychiatric or Neurologic Emergency?
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Who is considered a Service User?
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What is the principle of psychosocial care and clinical treatment that service users have the right to access?
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What is the principle of humane treatment that service users have the right to access?
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What is included in the definition of Mental Health Services?
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What is the purpose of access to aftercare and rehabilitation?
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What is the role of a Mental Health Service Provider?
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What is the purpose of a Recovery-Based Approach in relation to a service user's treatment?
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What is required for the disclosure of information, communications, and records regarding a service user?
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What is a right of service users before receiving treatment or care?
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What right do service users have regarding their clinical records?
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What can a service user do if they cannot afford the services of a counsel?
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What is the purpose of an advance directive?
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Who can contest a decision to withhold clinical records from a service user?
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What is the time frame within which a service user must be informed of their rights?
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What is the maximum number of persons that a service user can designate as supporters for supported decision making?
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What is a requirement for an advance directive to be valid?
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Who can file a complaint against mental health professionals for alleged abuses?
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What is the purpose of informed consent in treatment?
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What is a requirement for a legal representative to be designated by a service user?
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What authority do supporters of service users have?
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What is the purpose of internal review boards in health facilities?
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What is the exception to informed consent during psychiatric or neurologic emergencies?
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What is the purpose of community-based mental health care facilities?
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What data must be included in the quarterly report of LGUs to the Philippine Council for Mental Health?
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What services must all regional, provincial, and tertiary hospitals provide?
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What is a duty of mental health facilities?
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What is required of each local health care facility?
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What is the purpose of the Philippine Council for Mental Health?
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What is the focus of mental health services at the community level?
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What happens to laws, decrees, executive orders, department or memorandum orders and other administrative issuances that are inconsistent with the provisions of this Act?
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How many days after its publication in the Official Gazette or in at least two newspapers of general circulation does this Act take effect?
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Who finally passed the Senate Bill No. 1354 and House Bill 6452 on February 12, 2018?
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Who approved the Act on June 20, 2018?
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What is the name of the Secretary of the Senate who certified the Act?
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How many days does the President of the Philippines have to appoint the members of the Council from the academe/research, private sector, and NGOs?
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What is the term of service for members representing the academe/research, private sector, and NGOs of the Council?
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Where is the Mental Health Division created under the DOH?
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What happens to an alien who commits an offense under this Act?
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What is the basis for the allocation of funds for mental health in the succeeding years?
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How many days does the Secretary of Health have to issue the Implementing Rules and Regulations (IRR)?
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What is the purpose of the Separability Clause?
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What happens to a person who avails of the voluntary submission provision?
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What is the purpose of Section 45?
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What is the primary function of the Mental Health Division?
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What is the main objective of the National Center for Mental Health (NCMH)?
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What is the primary responsibility of the Commission on Human Rights (CHR) under this Act?
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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) under this Act?
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What is the mandate of the Philippine Council for Mental Health?
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What is the purpose of upgrading local hospitals and health care facilities under this Act?
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What is the role of the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) under this Act?
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What is the primary responsibility of the Department of Social Welfare and Development (DSWD) under this Act?
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What is the role of the Local Government Units (LGUs) under this Act?
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What is the purpose of the investigation of complaints of improprieties and abuses in mental health care?
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What is the primary goal of the establishment of the Philippine Council for Mental Health?
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What is the short title of the act that affirms the basic right of all Filipinos to mental health?
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What is one of the fundamental rights of people who require mental health services, as stated in the Declaration of Policy?
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What is one of the objectives of this Act?
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What international convention is the State committed to complying with, according to the Declaration of Policy?
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What republic act is recognized as applicable to persons with mental health conditions?
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What is the purpose of this Act, as stated in the title?
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What is one of the fundamental principles of mental health services, as stated in the Declaration of Policy?
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When did the Seventeenth Congress begin, according to the content?
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What is the primary focus of the mechanisms for suicide intervention, prevention, and response strategies?
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What is the purpose of the 24/7 hotlines?
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What is the objective of the nationwide multimedia campaign initiated by the DOH and LGUs?
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What is the requirement for public and private educational institutions?
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What is the purpose of the capacity building, reorientation, and training programs for mental health professionals?
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Who is responsible for providing assistance to LGUs in terms of training programs for BHWs?
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What is the purpose of research and development in mental health?
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What is the requirement for research in mental health?
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What is the purpose of the training programs for BHWs?
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What is the objective of the integration of mental health into the educational system?
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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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Test your knowledge on the Republic Act No. 11036, a national mental health policy in the Philippines. This policy aims to enhance the delivery of integrated mental health services and promote the rights of individuals using psychosocial health services.