Law Summary

I. Background

This section outlines the context and rationale for the issuance of the Order based on previous directives and concerns regarding the mental health of Overseas Filipino Workers (OFWs).

• Presidential Directive: Initiated by President Gloria Macapagal Arroyo in 2008 to address repatriation issues of OFWs due to psychological disorders.
• Regulatory Actions: The DOH, through the Bureau of Health Facilities and Services (BHFS), enhanced inspection protocols at accredited medical clinics providing psychological evaluations.
• Technical Working Group: Established to review standards for psychological tests for OFWs.
• Alignment with RA 10029: The Order aligns with the Philippine Psychology Act of 2009 to professionalize psychological examinations for overseas applicants.

II. Objective

The primary goal of this Order is to standardize and update the procedures for conducting psychological examinations for individuals applying for overseas work.

• Standardization: Aims for uniformity in psychological evaluation practices across accredited clinics.

III. Scope of Application

The Order applies to all medical clinics accredited by the DOH that offer psychological services to overseas work applicants.

• Target Audience: All DOH accredited medical clinics involved in psychological evaluations for OFWs.

IV. Definition of Terms

This section provides definitions for key terms used throughout the Order, ensuring clarity and understanding.

• Accreditation: Formal authorization by DOH for medical facilities.
• Applicant: Individual applying for work abroad subject to PEME.
• Psychologist: Licensed professional psychologist per RA 10029.
• PEME: Pre-Employment Medical Examination assessing physical and mental fitness.

V. Policies

A. General Policies

• Operational Guidelines: Psychological examinations must be performed exclusively at DOH accredited clinics.
• Psychologist Responsibility: A full-time psychologist must oversee psychological screening, including specific tests.
• Notification Requirement: Clinics must inform BHFS of any significant changes within 15 days.
• Cost: Additional psychological tests beyond the minimum must not incur extra costs to applicants.

B. Specific Policies

• Standards: Clinics must adhere to documented policies ensuring quality psychological services.
• Validity of Results: Psychological test results are valid for 12-18 months, contingent on the applicant's life circumstances.
• Accreditation Revocation: Medical facilities may have their accreditation revoked for false statements or non-compliance with policies.

VI. Violation/Penalty

• Penalties: Non-compliance with RA 10029 or this Order can lead to penalties as outlined in AO No. 181, s. 2004.

VII. Repealing Clause

• Rescission: Previous inconsistent provisions are rescinded and modified to align with this Order.

VIII. Separability Clause

• Validity: If any provision of this Order is declared invalid, the remaining provisions shall still remain effective.

IX. Effectivity

• Implementation: The Order takes effect 15 days after publication and is subject to review three years post-implementation.

Key Takeaways

• The Order standardizes psychological examinations for overseas work applicants, mandating their conduct only in DOH accredited clinics.
• Full-time psychologists bear responsibility for evaluations, which include specific psychological tests.
• Compliance with the outlined policies is critical, with penalties for violations clearly stated.
• The Order aligns with the Philippine Psychology Act to enhance the professionalism of psychological assessments for OFWs.