FIFTEENTII CONGRE!
OF THE REPUB! OF THE PHILIPPINES )
First Regular S )

HOUSE OF REPRESENTATIVES
House Bill No. 1419

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

the WHO defines mental health as
realize his or her own abilines to cope wit
and fruitfully, and is able to ¢

te of well being that enables a person to
the normal stresses of life, can work productively

ke contribution to bis or her community.”

In our county’s pursutt of development, mental health is very much important because
it mirrors how the society and its environment allow the individual to process and motivate
the person t act productively. Various external factors affect mental health, from the
cons ic esperiences «of disasters, natural phenomenon and
man-inade violence

AL pressures of Ite. to the 4

Meatal illness is nor a fatal disease, Even those who have been mentally ill for most of
their lives rarely die of mental illness. However, there is a growing concern for the increasing
trend of mortality rate from suicide and self-inflicted injusies which has reached a level of 1.8
deaths pee 10.000 population in 2000 (PHS). Uhe public health impact of mental illness lies
in the fact that can cause disabilt disability survey by the
National Stanstics Office m 200 ental illness is the third most common
form of disability afier visual and hearing impairments (NHO 2005-2010, DOH).

ve pentods, In

Because of this, our mental health prog:

the particular needs of our people. Presenth

multi-disciplinary and encompass
h centers are obviously in utter
nd secondarily because of the proper

ily because of lack of fund

desolate condinons prun:
paradigm with which 1 operate

Our vision for the national mental |

hy program includes its universal access, up-to-

fitted to our public health systems that reaches out to

those most deserving despite of their economic conditions. The program that this. bill
nediate passage of the bill is earnestly sought.

date knowledye and technol

envisions answers that need. \s such, im

SUSAN

Represeatanve, Secon of Tarlac


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FIFTEENTH CONGRESS )
* THE REPUBLIC OF THE PHILIPPINES )

HOUSE OF REPRESENTATIVES

idig

House Bill No.

Introduced by Representative Susan A. Yap

ACT

PROVIDING FOR A NATIONAL M . HEALTH CARE DELIVERY SYSTEM,
STABLISHING FOR 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, Shor Tite. - This Act shall be known as the “National Mental Health Act of
20.”

SLC. 2. Declaration of Policy, - eis v of the State to uphold the ight
th consciousness among them. ‘Towards this
rehensive approach 10 the development of the
jopeate services and interventions:
, weatmene and other essential services to those

of the people to mental health and insti
end, the State shall adopt an integrated and ce
Mental Health Care De
g provision of mental health protection, c
with mental illness or disability

SEC. 3. Objecties. The objectives of this Act are as follows: a) Promote a shift from a
hospital based system to a strengthened community based mental health care delivery system;
bb) Reorient and modernize the ex health facilities or instirutions;
ith care delivery system;
abilitate persons with mental

me

©) Integrate mental health care in the gener

4d) Prevent, treat and control men
disability,

©) Provide access t@ comprehensive health care and treatment which ensure a well balanced
mental health program of community based and hospital care and treatment;

{) Establish a nationwide muln-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, inclu ected by overseas employment, children,
adolescents, elderly and those who a rorecuion like survivors of extreme life

in nced of

experiences and violence, among other
uy) Protect and promote the f the people through a multi-disciplinary
approach that encompasses health, education, labor and emplorment, justice, and social welfare,

SECL4 Definition of Terns, As used in this

a Mental health refers to a stare of wel in which an

\dividual fulfills his/her own

ork and in relauonships, in order to cope with

ution 10 the community;

al or psychiatric disorder characterized by the existence of
fan individual brought about

potential in every stage of human devel

pment
the day 1 day stresses of life and make a positive cor

b, Mental itiness refers t© met
recognizable changes in the though

eral behaviour



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by neurobiological causes manifested by genetic or biochemical abnormalities and associated medical
conditions which include distress, personalin’ disorder, substance use dependence and mental
retardanens

«. Ppelsncial problem refers to a conditi
in the inchvidual’s hehavion

‘on that indicates the existence of recognizable changes
clings brought about and closely relared to sudden,

. thoughts and

2ctal environment:
mtanions and individual and participatory
restrictions denoting the neganve aspects of interacnon berween an indwidual and his environment.
ich as mental retardation, acquired lesions of the central

extreme and prolonged stresses in the physical or
Mental dinabiliny vefers to im

‘This results from organic syndromes.
nervous system, dementia and psychotic and non-psychotic disorder

© Patient refers to a person recerwing mental health care and treatment or psychosocial
inserveanion fran a mental health cate facili

1 Lage sopresentatiny refers to a person cb
in any specified undertaking or of exer

Menta’ health propessionals 0

zed by law with the duty of representing a patient
specified rights on the patient's behalf;
to those persons with formal education and training in
mental health and behavioural sciences, such as, but nor limited to, psychiatrist, psychologist,
psychiatric nurse or psychiatnie 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,

1. hed professionats refer to any trained or certified non-psychiawsic physician, social worker,
nurse, occupational therapist, recreational therapist, counselor, priest, minister, pastor, nun, trained
Or certified non psychiatne individual or non-physician.

SUC. 5. Philippine Council for Mental Health, - ‘Vhe Philippine Council for Mental
Health. herematier referred to as the Council, is hereby established as an attached agency under the
Deparment of Health (DOH). 10 provide for a coherent, rational 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
ffective delivery of mental health care to all its stakehdlders by qualified, competent, compassionate
and ethical mental health professionals and mental health workers.

SEC. 6. Dates anid. Pnctions. - Ve Council shall exercise the following duties and functions:

1. Review and formulate policies and guidelines on mental health issues and concerns;

b, Develop a comprehensive and imegrated national plan and program on mental health;

© Conduct regular monitoring and evaluation in support of policy formulation and planning
on mental health;

4d. Promote and facilitate collaboration among sectors and disciplines for the development
and implementation of mental health related programs within these sectors;

©. 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 this Act, through the review of mental
health services and the adoption of legal and other remedies provided be law;

© Plan and implerent the necessary and urgent capacity building, reorientation and training
programs for all mental health professionals, mental health workers and allied professionals as
articulated! in this Act

a Review all existing laws related to mental health and recommend legislation which will
susrain and strengthen programs, services and other meatal health initiatives:

bh. Conduct of cause to be conducted studies and researches on mental health, with special

emphasis on studies thar would serve as basis for developing appropriate and culturally relevant

mental health services in the communi

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i. Create such inter-agency comm
implement the poliey and program fi

ees, project task forces, and other groups necessary to
mewark ef th
net fi

Net and,
cosary co carry out the purposes of this Act.

} Perform such other di

tie

SUG. *. Gompasition, “The Council shall be composed of the following:

a) The Seeretary of H
b) The Executive Director, as view
&) Two (2) representatives from the gover
th One il) representative trom the private health sector or consumer groups;
© One (1) represcntanve from the acad
1) ‘Two 12) representatives from the

ent sector;

wolved in mental health
issues, as members,

Lhe members of the Council shall be appointed by the President from among the nominees
of their respective organizations

SECS. Tere of Offi. “Che members of the Council shall serve for three (3) years. In case a
Vacaney eceurs mm the Couneil, any person chosen to fill the vacaney shall serve only for the
unespired term of the member whom he succeeds

phi
transportanon allow

Par Diem “The members of the

cil shall recet
Al for any mec

© reasonable per diems and
ing actually attended.

nee as may be fixed by the Coun

SPC 10 Gorm, Ve presence of a sty of the members of the Couneil shall

constitute a quorum

SEC 11. Meetings. ~The Council shall meet at least once a month or as frequently as
necessary to disely and functions. ‘The Couneil shall be convoked by the Chairman or
on written request of at least three (3) of its members

SEC. 12. Pawauine Darton, ~ ‘Vhe Couneil shall appoint an Executive Director who. shall
serve for a term of three (3) years. The Executive Director shall be eligible for one (1)
yeqppommnent and shall not be removed from office except in accordance with existing laws,

SEC, 13. Duties and Functions, - The .Executive Director shall es

ise the following duties
and fun

a) Act as chief executwe officer of the Council and assume full responsibility in
implementing its purposes and objectives,

}) Mainvain a close and functional relavionship with the Department of Health and other
government and private cntiues concerning mental health care:
ulate, develop, and impl approval of the Council, measures that
will eflcctively carry out the policies laid

uubject 10 thi
down by she Council
@) PSecute and administer all approved polic
appropriate resources for their mplementanon;
e) Recommend tw the 5

, ptogiams and measures, and allocate

cary of Health the appointment of personnel of the Couneil
includine super sory, techmeal, clerical and other personnel im accordance to the staffing patterns
and organizational structure approved by the Council: and,

of its offi

Represent the Counes! m nu

actions or dealings and authorize legal

contracts, annual reports, financial! statements, corespondence and other documents,

SEC. 14. Sadan. ‘The Executive Director” shall receive a salary to be fixed by the Council in
avcurdance with the Salary Standardization Law.


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s from the date of the effectivity of

this Sei ihe nbers of the Council.

SEC. 16. Cononmnity Baseet Th

ye Mental‘Hlealth Care Delivery System shall
evalve from & predomin sed mental health care system to. a comprehensive
communi based mental health care system which shall consist of; a) mental health service
development; hy capacity building, reorientation and taming: and c} research and development.

ly hospital

1. loti! Heulth Semis Developrent. ~ Mental health service shall, within the general health care
system ah the community, include the following
Development and integration of mental healih care at che primary health care in the

h, Contiauation of prog

sey Dutkdny existing local mental health
workers so that they can undertake mental health care in the community and undertake training and
capacity building progam an close coordination with meneal or psychiatric hospitals or departments
of psychiainy in general or university hospitals,

iii, Continuous s and inte smilies and co-workers,

bs Advoeaey and promoton of mental health awareness among the general population,

ention far

b, Capacity Braiding, Reorientat “apaciry building, reorientation and taining
shall, in close conrdinanon with departments of psychiatry im general hospitals, university hospitals
oF mental fielities, be requized for those who are mental health professionals or workers whose
(ramung had not emphasized community mental health perspective.

previous edlucatiat

6, Reward ad Development, « Research and developn
with academic institutions, mental health asse
develop appropriate and culturally rele

ct shall be undertaken, in collaboration
ons and non government organizations, to
1 mental healtl: services in. the community

SBE, Piawnaln op testa To protect the nght for dignity, respect and justice of
Basse thovare suffering from:enemtat heal prablems, the Couineil shall promote an. integrated
approach to mental health ear | disorders through programs that strengthen the

basic eopir stress and advocacy to raise the value of mental

» preven

myechamism ot individuals an ce

health coutscioasness among, the people

SECIS. decens ta Eifetine cand High Onale Me
right to reeetve mental health
tn

tal Health Care, ~ Any person shall have the
spropsiate 10 kus needs and shall be entitled to care and
pe standards and accessibility as other sick individuals.

aument in accordance to the

\n amproved, effecnve and ¢

¥ access 1 me
shit lyon a predommnantly hospital based
provided.

al health care shall be made possible and a
h care to community based care shall be

C19, Poros vith Mental Uiess or Disability, The determination that a person has
‘or disability shall be 1

a mental illness
tionally accepted medical classifications and

ale according (© inter
standards

SEC. 20. Confidentiality, — AIL pa
aught to confdentatiny

nis or cl

with memal illness oF disability shall enjoy the

NEC. 2h. Patient's Treatment.

A pati

pt with mental illness or disability shall have the right to

reatment in the least resteicuve environment suited to the patients’ mental health needs

“The consent of the patient to be teated
ed frech,, without threats or improper

inducements, and with perbnent disclosure 10 the patient of adequate and understandable

pe admiied ara mental hea



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informanon ina form or

ge that is understood by the patient. When the patient, at the

relevant nme, lacks the capacity to give or withhold consent, lus next of kin or legal representative

shall give consent

SEC 23. Montel Hovth Pankey. ~ A menral health facility shall have adequate number of
mental health profe nd allied professionals which shall include ample space to
provide each panent with privacy and appropriate diagnosuic and therapeutic apparatus, regular and
comprehensive treament and medications. Pyer mental health faciliy shall be inspected frequently
by eoipetent authorities w guarantee that the weatment conditions and care of patients comply
with these extsting regulations

workers

SECM. Vahortay limisvion. - Vvery patient admined voluntarily shall have the right to
leave the faeiliy upon the recommendation of hus attending psychiatrist: Pronided, ‘That the patient
may be retained tor fusther treatment and eare in ease of following observations:
Uhere exists a sertous likelihood of danger of harming himself or others;

>. The severity of the panent’s mental illness 1s likely to lead a
condition; and,

©The appropriate treatment can only be’ done by admission to a mental health facility.

rious deterioration in his

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she © in Regional and Provincial hospitals. ~ \ psychiatric service shall be
establishiee yn every regional and provincial hospital which shall provide the following:

13h
psvebiatric ward:

b. Partial hospital care for those with psych
and family cireumstane

term in-paticnt hospital care for those with seute psychiatric symptoms in a small

ic symptoms or undergoing difficult personal

¢. Outpatient clinic in close collaboration with che mental health program at the primary
health centers in the area:
Ud. Litkage and possible supervision of home care services for those with special needs as a

consequence ot long. term hospitalization, anay

bie families, inadequate or noncompliance to
treatment

© Coordination with drug rehabilitation, centers on the care, teatment and rehabilitation of
persons suffering from drug or alcohol induced mental, emotional and behavioural disorder; and,

£ Refezral system with other health and social welfare programs, both government and non-
government, for programs in the prevention of mental illness, the management of those at risk for
mental health and psvchosocial problems and-mental illness Or disability.

SC. 26. -levess to Information, - Only patients or former patients shall be entided to have
access to theit personal mental health records. For justifiable reason, such confidential information
mav not be given fo the patient but instead be given to the patient's representative or counsel,

SEC. 27, dapiementing Rule
this Nery the Serenity of Health sh

regulutions necessary fon the etfveive

latia

Within ninety (0) days from the effectivity of
with the Council, formulae the rules and
acim at this. Vet

mou

SEC. 28, -ippmpriation. ~ The initial
hereby appropriated for the initial implemen
necessa

Act

cof Seventy Million (P70,000,000,00) Pesos is
jon of this Act, ‘Thereafter, any amount as may be
ns of this Act shall be included in the General Appropriations

to carry out the provisi

SUC 29. Repealing Cla

All laws, decrees, executive orders, proclamations, rules and
nil issuances, or parts thereof, which ate inconsistent with the provisions of this Act
ny repeated or amended according!

repulations,
are hi

SEC. 30, Eletinity. - This Act shall take effect fifte
Official Gazette or in two (2) national newspapers .of genet

n (15) days after publication in the
circulation.



Approved,

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