FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

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

House Bill No._ 3390

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 daily living like preserving a sense of
well-being in these complicated times.

The World Health Organization defines mental health as “a state of
well-being in which the individual realizes his or her own abilities, can cope
with the normal stresses of life, can work productively and fruitfully, 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

RUFUS B. RIGUEZ

Vif

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

House Bill No. 3380

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 2010”,

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 modemize the existing mental health
facilities or institutions;

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

@ 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 well-being mental health
program of community based and hospital care and
treatment;

O) 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,


(g)

children, adolescents, elderly and those who are in need
or special protection like survivors of extreme life
experiences and violence, among other; and

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:

(@)

(b)

(c)

(9)

(O)

U)

(9)

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.

Mental illness 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;

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;

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

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;

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

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;

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

(d) 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;

G) 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;

@) 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 carry

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;

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

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

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

C) 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 shall 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;

© Formulate, develop, and implement, subject to the
approval of the Council measures that will effectively
carry out the policies laid down by the Council;

(@) 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

GC) 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 the Philippine shall appoint the
members of the Council

Sec. 16. Community Based Mental Health Care - The Mental Health Care
Delivery System shall evolve from a predominantly hospital based mental
health care system to a comprehensive community 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;

i Development and integration of mental health
care at the primary health care at the primary
health care in the community;

ii, 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.

ili. Continuous support services and intervention for
families and co-workers

iv. Advocacy and promotion of mental health
awareness among the general population.

b. 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.

c 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 iliness 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 shall include ample space to provide each patient with privacy and
appropriate diagnostic and therapeutic apparatus, regular and
comprehensive treatment and medications, every mental health facility 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 difficult personal and family
circumstances;

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

4 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

f 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
teason, 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 Million
(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,