Philippine Mental Health Act (R.A. 11036) PDF

Board Licensure Examination for Psychologists and Psychometricians Republic Act 11036 – Philippine Mental Health Act The State shall comply strictly with its obligations under th...

Board Licensure Examination for Psychologists and Psychometricians Republic Act 11036 – Philippine Mental Health Act The State shall comply strictly with its obligations under the GENERAL INFORMATION United Nations Declaration of Human Rights, the Convention ❖ May 2, 2017 – the senate version was passed. on the rights of Persons with Disabilities, and all other relevant ❖ November 20, 2017 – the house bill version was passed. international and regional human rights conventions and ❖ June 21, 2018 – it was formally signed into law. declarations. The applicability of Republic act No. 7277, as ❖ Author & Principal Sponsor – Senator Risa Hontiveros amended, otherwise known as the "Magna Carta for Disabled ❖ It is a 26-page document comprising 49 sections, which is Persons", to person with mental health conditions, as defined congregated into 10 main divisions. herein, is expressly recognized. Chapter Title The objectives of this Act are as follows: Strengthen effective leadership and governance for I General provisions mental health by, among others, formulating, II Rights of service users and other stakeholders developing, and implementing national policies, strategies, programs, and regulations relating to mental III Consent to treatment and safeguards health; IV Mental health services Develop and establish a comprehensive, integrated effective and efficient national mental health care V Education and promotion of mental health in system responsive to the psychiatric, neurologic, and educational institutions and in the workplace psychosocial needs of the Filipino people; VI Capacity building, research and development Protect the rights and freedoms of persons with psychiatric, neurologic, and psychosocial needs; Filipino VII Duties and responsibilities of government people; agencies Strengthen information systems, evidence and research VIII The PCMH for mental health; Integrated mental health care in the basic health IX Mental health for drug dependents services; and Integrate strategies promoting mental health in X Miscellaneous provisions educational institutions, the workplace, and in communities. General Provisions Rights of Service Users and Other Stakeholders The state commits itself to promoting the well-being of people by ensuring that: This includes the rights of our patients such as freedom from Mental health is valued, promoted and protected. discrimination and stigmatization; access to evidence-based, Mental health conditions are treated and prevented. affordable, and comprehensive treatments and mental health Timely, affordable, high quality, and services; access to psychosocial care in the least restrictive culturally-appropriate mental health case is made manner; treatment free from solitary confinement, torture, and available to the public. other forms of inhumane procedures; access to aftercare, Mental health service are free from coercion and community rehabilitation, and social reintegration; access to accountable to the service users. adequate information on multidisciplinary mental health Persons affected by mental health conditions are able to services; participation in mental health advocacy, policy exercise the full range of human rights, and participate planning, legislation, and research; and confidentiality of all fully in society and at work free from stigmatization and information except in certain circumstances as life-threatening discrimination. emergencies; among others. Samaniego RM. Mental health legislation in the Philippines: Its beginnings, highlights, and updates. Taiwan J Psychiatry 2022;36:51-8.  Board Licensure Examination for Psychologists and Psychometricians Republic Act 11036 – Philippine Mental Health Act Equally important, it also includes the often neglected rights Mental Health Services of family members, carers, and legal representatives, such as receiving the appropriate psychosocial support from The law covers the standards of psychiatric, psychosocial, relevant government agencies and even participating in the and neurologic services which need to be upheld in all development and implementation of the patient’s individualized regional, provincial, and tertiary hospitals, both government treatment plan. and private. Periodic review of such standards shall be ensured by the Philippine Council for Mental Health based on Last but not least are the rights of mental health reportorial requirements made and submitted by the local professionals, including having a safe working environment, government units through their respective health offices. It also ensuring continuous professional development, participating in requires all local government units and academic planning and development of our local mental health services institutions to create programs that encompass wellness and its review of standards, as well as participating in the promotion, prevention, and rehabilitation, in collaboration with development of mental health policies and guidelines. the related organizations engaged in mental health services at the community level. Consent to Treatment and Safeguards Furthermore, the duties and responsibilities of these This division expounds on matters such as informed consent community-based mental health care facilities should cover to treatment which may include both physical and chemical drug screening services; protocols for suicide restraints. It also denotes the rights of children to express intervention, response, and prevention strategies, with their views on treatments in accordance with their age and particular attention to the concerns of the youth; as well as maturity. Exceptions to informed consent are further covered public awareness through a nationwide multimedia campaign during psychiatric or neurologic emergencies. When there is on mental health and nutrition, stress management, guidance, impairment or temporary loss of decision-making capacity on and counseling, as well as promoting the rights on persons the part of the patient, the attending mental health professional with psychosocial disabilities. Such services should employ the may temporarily provide an order for involuntary treatment or minimal use of restrictive care and maintain a registry restraint. Subsequently, the internal review board of the mental containing information on all medical treatments and health facility concerned must reassess such orders 15 days procedures administered to the patients and compliant to the after and every 15 days henceforth while such treatment Data Privacy Act. continues. Most importantly, all treatment procedures should be in strict accordance with the guidelines approved by the Promotion of Mental Health in Educational Institutions appropriate mental health experts, should contain clear criteria and the Workplace for its application and termination, and should be fully The integration of mental health into the educational documented for regular external independent monitoring and system is also mandated by the law. Educational institutions audit. shall develop policies and programs for students, educators, This segment also elaborates on other matters such as and other employees, be designed to raise awareness on advance directives and the patient’s option to appoint a mental health issues, identify and provide support for legal representative or designated decision-makers and their individuals at risk, and facilitate access to treatment and respective functions. The law also mandates health facilities to psychosocial support. Moreover, inclusion of alternative create their respective internal review boards to be learning systems and schools for populations with special composed of representatives from the DOH and the needs shall be in place. All the materials to be incorporated Commission on Human Rights, a person nominated by an into the curricula shall be developed by the Department of organization representing service users and their families, as Education, the Commission on Higher Education, and the well as other suitable members as ad hoc consultants when a Technical Education and Skills Development Authority, in subject matter expertise is needed. coordination with mental health experts. Psychiatry and Samaniego RM. Mental health legislation in the Philippines: Its beginnings, highlights, and updates. Taiwan J Psychiatry 2022;36:51-8.  Board Licensure Examination for Psychologists and Psychometricians Republic Act 11036 – Philippine Mental Health Act neurology subjects will be required in all medical and allied to ensure that packages equivalent to those covering physical health courses, including postgraduate courses in health. disorders are also extended to mental health conditions. Simultaneously, mental health promotion and policies shall There are also the Commission on Human Rights, which is also be established in the workplace. Specifically, responsible for addressing issues of impropriety and abuse in employers shall develop policies and programs designed to the treatment of patients; the Department of Education, raise awareness, correct the stigma and discrimination which is to integrate age-appropriate mental health topics into associated with mental health conditions, provide support for the school curriculum, as well as implement programs which individuals at risk, and facilitate access to treatment and promote mental health and well-being; and the Department of psychosocial support. Labor and Employment and Civil Service Commission, which just like the Department of Education, is to develop Capacity Building, Research, and Development mental health programs in the workplace specifically geared toward addressing stigma and discrimination against the This expounds on the need for mental health professionals and working class with identified mental health conditions. other allied service providers to undergo capacity building, reorientation, and training to continuously develop their Finally, we have the Department of Social Welfare and ability to deliver evidence-based, gender-sensitive, culturally Development which shall assist patients and make the appropriate, and human rights-oriented mental health services. necessary referrals to mental health facilities and other service Such training is to be cascaded down to the barangay providers for the appropriate care that they need. They shall health workers. To note, a barangay, meaning “neighborhood” also facilitate access to livelihood training or other skills in Tagalog language, is considered as the basic unit in the development program which may include psychosocial skills Philippine government. training such as community resilience or psychosocial wellbeing during and after natural disasters and other With regard to research and development, it is mandated that calamities all academic institutions, as well as local psychiatric, neurologic, and other related specialty societies, The Philippine Council for Mental Health undertake the necessary research to come up with evidence-based data, from which a national mental health The Philippine Council for Mental Health is established as a program can be developed, and the one which is relevant to policymaking, planning, coordinating, and advisory body our local culture, for instance, the inclusion of indigenous attached to the DOH to oversee the implementation of the concepts and practices related to the local mental health law. It is to develop a strategic plan which will encompass the scene. establishment of a multi-agency, multi-sectoral mechanism to ensure the integrated participation of all the regions through Duties and Responsibilities of the Different Government their respective local mental health councils. Likewise, it is to Agencies coordinate a joint planning and budgeting of relevant agencies to ensure that funds for programs and projects are included in This division enumerates the duties and responsibilities of their annual budget. the concerned government agencies such as the DOH, including the development of a national mental health program; The Council is composed of secretary of the DOH as regulation, licensing, monitoring, and assessment of all mental chairperson, secretary of the Department of Education, health facilities; integration of mental health into the secretary of the Department of Labor and Employment, mainstream health information system; regular collation of data secretary of the Department of the Interior and Local geared toward improving mental health service delivery; Government, chairperson of the Commission on Human improving research capacity and academic collaboration; and Rights, chairperson of the Commission on Higher Education, coordination with the Philippine Health Insurance Corporation one representative from the academe and research, one representative from the medical professional organizations, Samaniego RM. Mental health legislation in the Philippines: Its beginnings, highlights, and updates. Taiwan J Psychiatry 2022;36:51-8.  Board Licensure Examination for Psychologists and Psychometricians Republic Act 11036 – Philippine Mental Health Act and one representative from the non government organizations involved in mental health issues. A Mental Health Division under the Disease Prevention and Control Bureau is also created within the DOH to implement the National Mental Health Program as well as serve as the secretariat of the Council. To ensure governance and performance accountability, the staff are ensured to have the functional training and competencies in compliance with the Civil Service Commission requirements. Mental Health for Drug Dependents This division is an offshoot of an earlier R.A. called the “Comprehensive Dangerous Drugs Act of 2002,” which declares that persons who have substance-related issues who voluntarily undergo the proper assessments shall be covered by the provisions of the said act, as well as the Philippine Mental Health Act. Miscellaneous Provisions The last division of the law touches on penalty clauses for those who violate the enumerated divisions and sections. It also states the government appropriations necessary for the initial execution of the act; the further issuance of the Implementing Rules and Regulations; and finally the effectivity of the law, which is supposed to ensue 15 days after its official publication. Access the Journal Here Mental Health Legislation in the Philippines: Its Beginnings, Highlights, and Updates Access the Full Document Here Republic Act No. 11036 Samaniego RM. Mental health legislation in the Philippines: Its beginnings, highlights, and updates. Taiwan J Psychiatry 2022;36:51-8.