Integrated National Mental Health Policy Act

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Republic Act No. 11036: Integrated National Mental Health Policy Act

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Title Source: Supreme Court: Integrated National Mental Health Policy Act

Law: Republic Act No. 11036

Decision Date: Jun 20, 2018

Republic Act No. 11036 establishes a national mental health policy aimed at enhancing integrated mental health services, protecting the rights of individuals with mental health conditions, and ensuring access to quality care while promoting their well-being and social inclusion.

Law Summary

Declaration of Policy\n- Upholds the basic right to mental health for all Filipinos.\n- Promotes mental health well-being with accessible, affordable, and culturally-appropriate care.\n- Ensures mental health services are free from coercion and respect human rights.\n- Prohibits stigmatization and discrimination in society and workplace.\n- Commits to international human rights obligations.\n- Recognizes applicability of Magna Carta for Disabled Persons to mental health.\n\n### Objectives\n- Strengthen leadership and governance in mental health.\n- Establish an integrated and efficient mental health care system.\n- Protect rights of persons with psychiatric, neurologic, and psychosocial needs.\n- Improve information systems and research.\n- Integrate mental health care in basic health services.\n- Promote mental health strategies in education, workplace, and communities.\n\n### Definitions\n- Clearly defines key terms such as Addiction, Carer, Confidentiality, Deinstitutionalization, Discrimination, Drug Rehabilitation, Impairment of decision-making capacity, Informed consent, Legal representative, Mental health, Mental health condition, Mental health facility, Mental health services and providers, Psychiatric emergencies, Recovery-based approach, Service user, Support, and Supported decision-making.\n\n### Rights of Service Users\n- Equal rights without discrimination including civil, economic, social, cultural, and political rights.\n- Right to access evidence-based, affordable, and comprehensive mental health services at all care levels.\n- Humane treatment free from torture or degrading procedures.\n- Confidentiality of health information with limited exceptions.\n- Right to informed consent and participation in treatment planning.\n- Ability to file complaints and access legal services.\n\n### Rights of Family Members, Carers, and Legal Representatives\n- Right to psychosocial support and participation in treatment planning with service user's consent.\n- Ability to apply for release and transfer of service users.\n- Participation in mental health advocacy and policy.\n\n### Rights of Mental Health Professionals\n- Safe and supportive work environment.\n- Participation in continuous professional development.\n- Engagement in mental health planning and service evaluation.\n- Manage practice except in emergencies.\n- Advocate for service users' rights.\n\n### Treatment and Consent\n- Informed written consent required before treatment except in emergencies or impaired decision capacity.\n- Presumption of legal capacity for all, including minors and persons with disabilities.\n- Advance directives permitted for treatment preferences.\n- Legal representatives may be designated to support or decide if capacity impaired.\n- Supported decision-making allowed with assistance from up to three supporters.\n- Establishment of internal review boards in health facilities to review treatment and confinement cases.\n- Strict safeguards for involuntary treatment during emergencies.\n\n### Mental Health Services\n- Services must be evidence-based, culturally appropriate, gender-sensitive, least restrictive, and age-appropriate.\n- Integration and strengthening of mental health services at community, local, and hospital levels.\n- Community-based facilities to be established with adequate staffing and resources.\n- Reporting requirements for local government units on mental health service data.\n- Provision for emergency, inpatient, outpatient, partial hospitalization, home care, and rehabilitation services.\n- Special provisions for drug screening and suicide prevention including 24/7 hotlines.\n- Nationwide mental health awareness campaigns mandated.\n\n### Education and Workplace Promotion\n- Age-appropriate mental health content integrated into all educational curricula.\n- Psychiatry and neurology required subjects in medical and allied health programs.\n- Educational institutions and workplaces must adopt mental health policies to raise awareness, reduce stigma, and provide support.\n- Mandate for mental health professionals in educational institutions.\n\n### Capacity Building and Research\n- Training and reorientation programs for mental health professionals and workers for evidence-based, human rights focused care.\n- Training for Barangay Health Workers in mental health promotion and care.\n- Research to produce culturally relevant mental health programs incorporating indigenous practices with ethical safeguards.\n- Expansion of the National Center for Mental Health as a training and research hub.\n\n### Government Agencies' Duties\n- The DOH shall formulate national mental health programs, regulate facilities, integrate data systems, support research, and coordinate policies.\n- CHR to investigate abuses, inspect facilities, and protect human rights of service users.\n- DOJ to assist in investigations of mental health care abuses.\n- Education agencies to integrate mental health content and support mental health professionals.\n- Labor agencies to develop workplace mental health standards and policies.\n- Social welfare agency to provide referral, housing, livelihood, and psychosocial support.\n- LGUs to establish regulations, integrate services locally, train providers, promote deinstitutionalization, provide facilities, and create stakeholder networks.\n- LGUs to upgrade hospitals and ensure equal access to mental health services.\n\n### Philippine Council for Mental Health\n- Established as the primary governing body for mental health policy, planning and coordination attached to DOH.\n- Develops strategic plans, monitors implementation, coordinates stakeholders, and manages budgets.\n- Composed of key government secretaries, CHR, academe, medical and NGO representatives.\n- Secretariat functions performed by a Mental Health Division in DOH.\n\n### Mental Health for Drug Dependents\n- Persons voluntarily submitting for drug treatment or charged under the Dangerous Drugs Act who have mental health conditions are covered under this Act.\n\n### Penalties\n- Penalties of imprisonment or fines for failure to secure informed consent, breach of confidentiality, discrimination, and administering inhumane or non-scientific treatment.\n- Penalties apply to individuals and corporations; deportation for alien offenders.\n- Does not exclude administrative or civil liabilities.\n\n### Appropriations and Implementing Rules\n- Initial funding provided through DOH allocations; future budgets integrated through coordinated strategic planning.\n- Secretary of Health to issue implementing rules within 120 days in coordination with relevant agencies and stakeholders.\n\n### Miscellaneous Provisions\n- Separability clause preserving the remainder of the Act if parts are struck down.\n- Repeal of inconsistent laws and issuance of guidelines for effective implementation.\n- The Act takes effect 15 days after official publication.

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