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.