SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES ) is RE CEIVED %

First Regular Session
9! (bare A MAR 2014

HOUSE OF REPRESENTATIVES o me 7

Introduced by Representative Rufus B, Rodriguez and\or , 7 i «
- Representative Maximo B. Rodriquez, Jr. Spey
4051 Sa

House Bill No.
EXPLANATORY NOTE

Mental health is a vital part of full and total health, Problems on mental health contain
not Just the traditional mental disorders but the issues of target populations susceptible to
psychosocial risks caused by extreme life experiences such as disaster, near-death
experiences, heinous and violent crimes, internal displacement brought about by religious
and civil unrest including the psychosocial matters of dally living lke preserving a sense of
well-being in these complicated times.

The World Health Organization defines mental health as “a state of wellbeing in
which the individual realizes his or her own abilities, can cope with the normal stresses of
life, can work productively and frultully, and is able to make a contribution to his or her
community.” It calls to attention that mental health is more than just the presence of
psychiatric disorder or sickness but, more importantly, also redounds to a positive condition
of one's mental well-being.

There is need for a comprehensive addition of Mental Health in the national system.
It is to render available, accessible, affordable and equitable quality mental health care
services to the Filipinos especially the poor, the undeserved and high risk populations. The
passage of this proposed law will go a long way in promoting mental health among the
general population.

Approval of this bill is earnestly requested

wns RODRIG:

wand daar, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4054

AN ACT
PROVIDING FOR A NATIONAL MENTAL HEALTH CARE DELIVERY SYSTEM,
ESTABLISHING OF THE PURPOSE THE PHILIPPINE COUNCIL FOR MENTAL HEALTH
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title — This Act shall be known as “National Mental Health Act of 2014”.

Sec. 2, Declaration of Policy — It is hereby declared the policy of the State to uphold the right
of the people to mental health and instill mental health consciousness among them. Towards
this end, the State shall adopt an integrated and comprehensive approach to the
development of the National Mental Health Care Delivery System to deliver appropriate
services and interventions including provision of mental health protection, care, treatment
and other essential services to those with mental illness or disability.

Sec. 3. Objectives - The objectives of this Act re as follows:

(a) Promote a shift from a hospital based system to a strengthened
community based mental health care delivery system;

(b) Reorient and modernize the existing mental health faclities or
institutions;

(c) Integrate mental health care in the general health delivery system;

(a) Prevent, treat and control mental illness at all levels and rehabilitate
persons with mental disability;

(e) Provide access to comprehensive health care and treatment which

ensure a wellbeing mental health program of community based and
hospital care and treatment;

() Establish a nationwide multi-sectoral collaborative network for the
identification and prevention of mental illness or disability and the
management of mental health problems among vulnerable groups in
the population which including those affected by overseas
employment, children, adolescents, elderly and those who are in need
or special protection like survivors of extreme life experiences and
violence, among other; and

(9) Protect and promote the mental health of the people through a multi-
disciplinary approach that encompasses health, education, labor and
employment, justice, and social welfare.

Sec. 4. Definition of Terms — As used in this Act
(a) Mental health refers to a state of well-being in which an individual fulfills
his/her own potential in every stage of human development, at work and in
relationships, in order to cope with the day to day stresses of life and make a

positive contribution to the community.


(b) Mental iliness refers to mental or psychiatric disorder characterized by the
existence of recognizable changes in the thoughts, feelings and general
behavior of an individual brought about by neurobiological causes manifested
by genetic or biochemical abnormalities and associated mental conditions
which include distress, personality disorder, substance use dependence and
mental retardation;

(c) Psychosocial problem refers to a condition that indicates the existence of
recognizable changes in the individual's behavior thoughts and feelings
brought about and closely related to sudden, extreme and prolonged
stressors in the physical or social environment;

(d) Mental disability refers to impairments, activity limitations and individual and
participatory restrictions denoting the negative aspects of interaction between
an individual and his environment. This results from organic syndromes such
as mental retardation, acquired lesions of the central nervous system,
dementia and psychotic and non-psychotic disorder;

(e) Patient refers to a person receiving mental health care and treatment or
psychosocial intervention from a mental health care facility or clinic;

(f) Legal representative refers to a person charged by law with the duty of
representing a patient in any specified undertaking or of exercising specified
rights on the patient's behalf;

(@) Mental health. professionals refer to those persons with formal education and
training in mental health and behavioral sciences, such as, but not limited to,
psychiatrist, psychologist, psychiatric nurse or psychiatric social worker;

(h) Mental health workers refer to trained volunteers and advocates engaged in
mental health promotion and services under the supervision of mental health
professionals; and

(i) Allied professionals refer to any trained or certified non-psychiatric physician,
social worker, nurse, occupational therapists, recreational therapist,
counselor, priest, minister, pastor, nun, trained or certified non-psychiatric
individual or non-physician

Sec. 5. Philippine Council for Mental Health - The Philippine Council for Mental Health,
hereinafter referred to as the Council, is hereby established as an attached agency under
‘the Department of Health (DOH), to provide for a coherent, national and unified response to
mental health problems, concerns and efforts through the formulation and implementation of
the National Mental Health Care Delivery System.

For purposes of this Act, the National Mental Health Care Delivery System shall
constitute a quality mental health care program, through the development of efficient and
effective structures, systems and mechanisms, that will ensure equitable accessible,
affordable, appropriate, efficient and effective delivery of mental health care to all its
stakeholders by qualified, competent, compassionate and ethical mental health professional
and mental health workers.

Sec. 6. Duties and Functions — The Council shall exercise the following duties and functions:

(a) Review and formulate policies and guidelines on mental health issues
and concerns;

(b) Develop a comprehensive and integrated national plan and program
on mental health;

(c) Conduct regular monitoring and evaluation in support of policy
formulation and planning on mental health;

(a) Promote and facilitate collaboration among sectors and disciplines for

the development and implementation of mental health related
programs within these sectors;

(e) Provide over-all technical supervision and ensure compliance with
policies, programs and projects within the comprehensive framework


of the National Mental Health Care Delivery System and other such
activities related to the implementation of the Act, through the review
of mental health services and the adoption of legal other remedies
provided by law;

(f) Plan and implement the necessary and urgent capacity building,
reorientation and training programs for all mental health professionals
mental health workers and allied professionals articulated in this Act;

(9) Review all existing laws related to mental health and recommend
legislation which will sustain and strengthen programs services and
other mental health initiatives;

(h) Conduct or cause to be conducted studies and researchers on mental
health services in community,

(0) Create such other duties and functions necessary to cay out the
purposes of this Act.

Sec. 7. Composition - The Council shall be composed of the following:

(a) The Secretary of Health, as ex officio chairman;

(b) The Executive Director, as vice chairman;

(c) Two (2) representatives from the government sector;

(d) One (1) representative from the private health sector or consumer
groups;

(e) ‘One (1) representative from the academe; and

(f) Two (2) representatives form the non-government organizations

involved in mental health issues, as members.

Sec, 8. Term of Office — The members of Council shall serve for three (3) years. In case a
vacancy occurs in the Council, any person chosen to fill the vacancy shalll serve only for the
unexpired term of the member whom he succeeds

Sec. 9. Per Diem — The members of the Council shall receive reasonable per diems and
transportation allowance as may be fixed by the Council for any meeting actually attended.

Sec. 10, Quorum — The presence majority of the members of the Council shall constitute a
quorum.

Sec. 11. Meetings - The Council shall meet at least once a month or as frequently as
necessary to discharge its duties and functions. The council shall be convoked by the
Chairman or upon written request of at least three (3) of its members.

Sec. 12. Executive Director - The Council shall appoint an Executive Director who shall
serve for a term of three (3) years. The Executive Director shall be eligible for one (1)
reappointment and shall not be removed from office except in accordance with existing laws.

Sec. 13. Duties and Functions — The Executive Director shall exercise the following duties
and functions:

(a) ‘Act as chief executive officer of the council and assume full
responsibility in implementing its purposes and objectives
(b) Maintain a close and functional relationship with the Department of

Health and other government and private entitles concerning
mental health care;
(c) Formulate, develop, and implement, subject to the approval of the
Council measures that will effectively carry out the policies laid
down by the Council;


(d)

(e)

(f)

Execute and administer all approved policies, programs and
measures, and allocate appropriate resources for their
implementations;

Recommend to the Secretary of Health the appointment of
personnel of the Council including Supervisory, technical, clerical
and other personnel in accordance to the staffing patterns and
organizational structure approved by the Council; and

Represent the Council in all of its official transactions or dealings
and authorize legal contracts, annual reports, financial statements,
correspondence and other documents.

Sec. 14. Salary - The Executive Director shall receive a salary to be fixed by the Council in
accordance with the Salary Standardization Law.

Sec. 15. Appointment of Members — Within thirty (30) days from the date of the effectivity of

this Act, the President of t

fhe Philippine shall appoint the members of the Council

Sec. 16. Community Based Mental Health Care - The Mental Health Care Delivery System

shall evolve from apr
comprehensive communi

‘edominantly hospital based mental health care system to a
ity based mental health care system which shall consist of: a)

mental health service development; b) capacity building reorientation and training, and c)
research and development.;

a.

Mental Health Service development — Mental health service shall,
within the general health care at the primary health care in the
community;
Development and integration of mental health care at the
primary health care at the primary health care in the
community;
Continuation of programs for capacity building among
existing local mental health workers so that they can
undertake metal health care in the community and undertake
training and capacity building programs in close coordination
with mental or psychiatric hospitals or departments of
psychiatry in general or university hospitals.
Continuous support services and intervention for families and
co-workers
‘Advocacy and promotion of mental health awareness among
the general population,
Capacity Building, Reorientation and Training - Capacity building,
reorientation and training shall, in close coordination with
departments of psychiatry in general hospitals, university
hospitals, or mental facilities, be required for those who are mental
health professionals or workers whose previous education and
training had not emphasized community mental health
perspectives.
Research and Development - research and development shall be
undertaken, in collaboration with academic institutions, mental
health associations and non-government organizations, to develop
appropriate and culturally relevant mental health services in the
community.

Sec. 17. Promotion of Mental Health — to protect the right for dignity, respect and justice of

those who are suffering

from mental health problems, the Council shall promote and

integrate approach to mental health care to prevent mental disorders through programs that


strengthen the basic coping mechanism of individuals in relation to stress and advocacy to
raise the value of mental health consciousness among the people.

Sec. 18. Access to Effective and High Quality Mental Health Care — Any person shall have
the right to receive mental health care appropriate to his needs and shall be entitled to care
and treatment in accordance to the same standards and accessibility as other sick
individuals

‘As improved effective and easy access to mental health care shall be made
possible and a shift from a predominantly hospital based mental health care to community
based care shall be provided

Sec. 19. Person with Mental Illness or Disability — The determination that a person has a
mental illness or disability shall be made according to internationally accepted medical
classifications and standards.

Sec. 20. Patient's Treatment — All patients or clients with mental illness or disability shall
enjoy the right to confidentiality

Sec. 21. Patient's Treatment — A patient with mental illness or disability shall have the right
to treatment in the least restrictive environment suited to the patient's mental health needs.

Sec. 22. Consent to care, Treatment or Rehabilitation - The consent of the patient to be
treated or admitted in a mental health facility shall be obtained freely, without threats or
improper inducements, and with pertinent disclosure to the patient of adequate and
understandable information in a form or language that is understood by patient. When the
patient, at the relevant time, lacks the capacity to give or withhold consent, his next of kin or
legal representative shall give consent.

Sec. 23. Mental Health Facility - A mental health facility shall have adequate number of
mental health professionals , workers and allied professionals which shalll include ample
space to provide each patient with privacy and appropriate diagnostic and therapeutic
apparatus, regular and comprehensive treatment and medications, every mental health
facllity shall be inspected frequently by competent authorities to guarantee that the treatment
conditions and care of patients comply with these existing regulations.

Sec. 24. Voluntary Admission - Every patient admitted voluntarily shall have the right to
leave the facility upon the recommendation of his attending psychiatrist: Provided, That the
patient may be retained for further treatment and care in case of following observations:
a There exists a serious likelihood danger is likely to lead a serious
deterioration in his condition; and

b. The severity of the patient's mental illness is likely to lead a
serious determination in his condition; and

c The appropriate treatment can only be done by admission to a
mental health facility

Sec. 25. Psychiatric Service in regional and Provincial hospitals — A psychiatric service shall
be established in every regional and provincial hospital which shall provide the following:

a Short term in-patient hospital care for those with acute psychiatric
symptoms in a small psychiatric ward;
b. Partial hospital care for those with psychiatric symptoms or

undergoing difficuit personal and family circumstances;


c. Outpatient clinic in close collaboration with the mental health
program at the primary health centers in the area;

d Linkage and possible supervision of home care service for those
with special needs as a consequence of long-term hospitalization,
unavailable families, inadequate or non-compliance to treatment,

e. Coordination with drug rehabilitation centers on the care, treatment
and rehabilitation of persons suffering from drug or alcohol
induced mental, emotional and behavioral disorder, and

t Referral system with the health and social welfare program, both
government and non-government, for program in the prevention of
mental illness, the management of those at risk for mental health
and psychosocial problems and mental illness or disability,

Sec. 26. Access to Information — Only patients or former patients shall be entitled to have
access to their personal mental health records. For justifiable reason, such confidential
information may not be given to the patient but instead be given to the patient's
representative or counsel

Sec. 27. Implementing Rules and Regulation — Within ninety (90) days from the effectivity of
this Act, the Secretary of Health shall, in coordination with the Council, formulate the rules
and regulations necessary or the effective implementation of this Act

Sec. 28. Appropriation — The initial amount of Seventy Miilion (Php70,000,000.00) pesos is
hereby appropriated for the initial implementation of this Act. Thereafter, any amount as may
be necessary to carry out the provisions of this Act shall be included in the General
Appropriations Act.

Sec. 29. Repealing Clause — All laws, decrees, executive orders, proclamations, rules and
regulations and issuances, or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed or amended accordingly.

Sec. 30. Effectivity - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in two (2) national newspaper of general circulation.

Approved,