Title
Supreme Court
Philippine Mental Health Act of 2018
Law
Republic Act No. 11036
Decision Date
Jun 20, 2018
The Mental Health Act in the Philippines aims to enhance mental health services, protect the rights of individuals seeking mental health care, and promote the well-being and inclusion of those affected by mental health conditions.

Law Summary

Objectives

  • Strengthen leadership and governance in mental health.
  • Develop and establish an integrated mental health care system.
  • Protect rights and freedoms of persons with psychiatric, neurologic, and psychosocial needs.
  • Enhance research, information systems, and integration of mental health care in basic health services and communities.

Definitions

  • Defines key terms such as addiction, carer, confidentiality, deinstitutionalization, discrimination, drug rehabilitation, impairment of decision-making capacity, informed consent, legal representative, mental health, service users, and more.
  • Emphasizes holistic and rights-based approaches.

Rights of Service Users

  • Guarantees freedom from discrimination, equality in exercising rights, access to evidence-based affordable care, humane treatment, confidentiality, informed consent, participation in treatment planning and advocacy, legal assistance, and privacy.

Rights of Family Members, Carers and Legal Representatives

  • Rights to psychosocial support, participation in treatment plan formulation with consent, application for release or transfer, and involvement in advocacy and policy.

Rights of Mental Health Professionals

  • Rights to a safe work environment, professional development, participation in planning and evaluation, and advocacy for service users.

Treatment and Consent

  • Requires informed consent prior to treatment, with exceptions during emergencies or loss of capacity.
  • Recognizes advance directives and appointment of legal representatives.
  • Establishes supported decision making.
  • Mandates creation of Internal Review Boards in mental health facilities to review and investigate involuntary treatment or restraint.

Mental Health Services

  • Services must be evidence-based, culturally appropriate, least restrictive, age-appropriate, and accountable.
  • Primary mental health services integrated at community level with appropriate standards and coordination.
  • Establishment of community-based mental health care facilities adequately staffed and equipped.
  • Regional, provincial, and tertiary hospitals must provide psychiatric and neurologic services including inpatient, outpatient, home care, and referral systems.
  • Facilities must ensure informed consent, respect rights, and maintain treatment records.
  • Drug screening and suicide prevention mechanisms including 24/7 hotlines.
  • Nationwide public awareness campaigns on mental health.

Education and Promotion in Institutions and Workplace

  • Integration of mental health education at all levels.
  • Development of policies and programs in educational institutions and workplaces to raise awareness, reduce stigma, identify risks, and facilitate access to care.
  • Requirement for presence of mental health professionals in educational institutions.

Capacity Building, Research, and Development

  • Training and reorientation of mental health workers emphasizing community health and human rights.
  • Training of barangay health workers supported by DOH.
  • Research collaborations promoting culturally relevant mental health programs.
  • The National Center for Mental Health to expand research capacity.

Duties and Responsibilities of Government Agencies

  • DOH to develop mental health programs, regulate facilities, integrate data, support research, protect patient rights, and ensure insurance coverage.
  • CHR to investigate abuses, inspect facilities, and appoint a focal commissioner for mental health rights.
  • DOJ to assist in complaint investigation.
  • Education agencies to integrate mental health in curricula and promote mental health in institutions.
  • DOLE and CSC to develop workplace mental health policies.
  • DSWD to provide referrals, support services, and psychosocial programs.
  • LGUs to enact ordinances, provide integrated mental health services, promote deinstitutionalization, establish facilities, facilitate housing and skills training, and coordinate multisectoral networks.
  • LGUs tasked to upgrade facilities and ensure equitable access, with national government support.

The Philippine Council for Mental Health

  • Established as a policy making, planning, coordinating, and advisory body under the DOH.
  • Duties include developing and updating a national strategic mental health plan, monitoring implementation, coordinating with agencies, and engaging international collaboration.
  • Composition includes key government secretaries and representatives from academia, health organizations, and NGOs.
  • Supported by the Mental Health Division within the DOH.

Mental Health for Drug Dependents

  • Persons voluntarily submitting to confinement or charged under drug laws must be examined and covered under this Act if diagnosed with mental health conditions.

Penalties

  • Imposes imprisonment, fines, or both for failure to secure informed consent, breach of confidentiality, discrimination, and inhumane treatment.
  • Applies penalties to responsible persons in juridical entities and mandates deportation of alien offenders.

Appropriations

  • Initial funding from the 2018 DOH budget for the national mental health program and facilities.
  • Subsequent funding aligned with strategic plans and included in the national budget.

Implementing Rules and Regulations

  • Secretary of Health, in coordination with relevant agencies and stakeholders, to issue necessary rules within 120 days.

Other Provisions

  • Separability clause for invalid provisions.
  • Repeals inconsistent laws and issuances.
  • Effectivity set fifteen days after publication.

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