Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EVENTEENTH CONGRESS
Regular Session

House bitt No, 4101

Introduced by Honorable Cristina “

ia uno

Explanatory Note
EXPLANATORY NOTE

The World Health Organization (WHO) recognized in a study conducted in 2003 that
mental health legislation is necessary for protecting the rights of people with mental health
disorders. While the Philippines presently has a National Mental Health Policy, there is no
comprehensive mental health legislation. In 2007, the Department of Health (DOH) and the
WHO jointly conducted a study and found that the elements necessary for pursuing an effective
mental heaith program in the Philippines are in place, although fragmented. The study
hightighted the need for a mental health law to institutionalize these programs in order for mental
health to be equally accessible to all sectors of society.

The bill not only focuses on the rights of the mentally ill and those being treated for
mental illnesses, it also seeks to recognize that everyone is entitled to basic mental health, Article
XV, Section 2 of the 1987 Constitution expressly provides that the State shall protect and
promote the right to health of the people and instill health consciousness among them. Indeed, an
important dimension of this right to health is the right to mental health.

Moreover, this bill recognizes that daily living conditions may favorably or adversely
affect mental health, and that mental illnesses may be attributed to extreme experiences, such as
drug abuse and addiction

In the interest of protecting the rights of mentally ill persons, it calls for the establishment
of the Philippine Mental Health Council which shall develop and implement a National Mental
Health Care Delivery System

In view of the foregoing, immediate passage of this bill is earnestly sought

ez, “CHIQUI” ROA-PUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

4101

HOUSE BILL NO,

roduced by Honorable Cristina “Chiqui” Roa-P.

AN ACT PROMOTING MENTAL HEALTH, PROMULGATING A NATIONAL
MENTAL HEALTH POLICY TOWARDS THE ENHANCEMENT OF INTEGRATED
MENTAL HEALTH SERVICES AND THE PROMOTION AND PROTECTION OF
PERSONS UTILIZING MENTAL HEALTH SERVICES, PROVIDING MENTAL
LTH TESTING FOR DRUG DEPENDENTS AND THE ESTABLISHMENT OF A
PHILIPPINE MENTAL HEALTH COUNCIL

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

CHAPTER |
GENERAL PROVISIONS

SECTION 1, Title. - This Act shall be known as the “Comprehensive Mental Health
Aci.”

SEC. 2. Declaration of Policy. ~ It is the policy of the State to protect and promote the
right to health of people and instill health consciousness among them. To this end, the State
shall, as a policy, create and ensure a unified, accountable, comprehensive mental health service
system, which shall:

4) Promote sound mental health by upholding the basic rights of all Filipinos to
mental health

b) Respect the fundamental rights of people who require mental health services to
enhance their significant contribution in the civil, political, economic, social and cultural spheres

©) Recognize that mental health include not only commonly known mental illnesses
and disorders but also the effect to one’s minds of the risk brought by extreme life experiences
such as disasters, armed conflict, domestic abuse, drug abuse and dependence, addiction, as well
as the psychosocial concerns of daily living,


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d) Reduce the chronicity of mental illness.

©) Make available best possible measures to promote mental well-being and to
prevent mental disorder

{) Provide equitable a
voluntary mental health

ess to quality, affordable, geographically accessible and

8) __ Provide effective mechanisms or measures to re-integrate into society individuals
who have fallen victim to mental health illnesses, including drug abuse and drug dependence,
through sustainable programs of treatment and rehabilitation,

SEC. 3. Objectives, — Pursuant to the above declaration, the State shall adopt the
following objectives:

a) Ensure a community of Filipinos who are mentally healthy, able to contribute to
the development of the country and attain a better quality of life through access to an integrated,
well-planned, effectively organized and efficiently delivered mental health care system that
responds to their mental health needs in equity with their physical health needs;

b) Promote mental health, protection of the rights and freedoms of persons with
mental health needs and the reduction of the burden and consequences of mental ill-health,
mental and brain disorders and disabilities; and

©) Provide the direction of a coherent, rational and unified response to the nation’s
mental health problems, concems and efforts.

SEC. 4, Definition of Terms. — For the purpose of this Act, the following terms shall be
defined as follows:

a) Allied professionals refer to any formally educated and trained non-mental health
professionals,
b) Board certification refers to the process of qualifying medical specialists through

requireemnts and examinations set by the Board of a particular medical specialty so appointed or
elected for that specific purpose by the registered members of the medical specialty association

©) Carer refers to the person who may or may not be the patient's next of kin or
relative who maintains a close personal relationship with the patient and manifests concern for
his welfare

d)  CHED means the Commission on Higher Education

e) CHR means the Commission on Human Rights


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£) Confidentiality refers to the relationship of trust and confidence created or
existing between service users and their mental health professionals, mental health workers and
allied professionals. It also applies to any person who, in any official capacity, has acquired or
may have acquired such confidential information

8) DepEd means the Department of Education,

h) Discrimination on the basis of disability means any distinction, exclusion or
restriction on the basis of disability which has the purpose or effect of impairing o nullifying the
Fecognition, enjoyment or exercise, on an equal basis with others, of all human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field, It
includes all forms of discrimination, including denial of reasonable accomodation. Special
measures solely to protect the rights, or secure the advancement, of persons with mental illness
shall not be deemed to be discriminatory.

i) DA means the Department of Agriculture.
J) DENR means the Department of Environment and Natural Resources,

k) —_ DILG means the Department of Interior and Loc:

Goverment.

1) DOH means the Department of Health

m) DOJ means the Department of Justice

n) DOLE means the Department of Labor and Employment.

0) DOST means the Department of Science and Technology.

p) DSWD means the Department of Social Work and Development.

4) DTLmeans the Department of Trade and Industry.

1) Legal representative refers to a substitute decision-maker charged by law with
the duty or representing a patient in any specified undertaking or of exercising, specified rights on
the patient's behalf. The legal representative may also be a person appointed in writing by the
patient (0 act on his/her behalf unless the patient lacks mental capacity, or otherwise fils to

appoint a legal representative in writing, in which case the legal representative shall be taken to
be in the following order

i.) the spouse, if any, unless permanently separated from the patient as
rendered by a Court of competent jurisdiction, or has deserted or has been
deserted by the patient for any period which has not come to an end; or

ji.) sons and daughters over the age of eighteen years:


iii.) cither parent by mutual consent; and
iv.) a person appointed by a decree of a Court to represent the patient
8) Mental disability refers to impairments, activity limitations and individual and

participatory restrictions denoting dysfunctional aspects of interaction between an individual and
his environment,

1) Mental health refers to a state of well being in which every individual realizes
his or her own potential, 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

u) Mental health facility refers to any establishment, or any unit of an
establishment, which has, as its primary function, mental health care or services.

v) Mental health professionals refers to a persons trained and Board certified to
practice psychiatry as well as licensed psychologists, guidance counselors and psychometricians

w) Mental health services refer to psychosocial, psychiatric or neurologic activities
and programs along with the whole range of the mental health support spectrum including
enhancement, prevention, treatment and aftercare, which are provided by mental health facilities
and mental health professionals

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

y) _ Mental illness refers to neurologic or psychiatric disorder characterized by the
existence of recognizable, clinically significant disturbances in an individual's cognition,
thoughts, emotion and general behaviour that reflects a dysfunction in the neurobiological,
Psychosocial or development processes underlying psychological, intellectual or social
dysfunction. Socially deviant behavior (e.g, political, religious or sexual) and conflicts primarily
between the individual and society are not mental disorders unless the deviance or conflict
results from a dysfunction in the individual, as described above, A person is said to suffer from
chronic mental illness if he suffers from a serious mental illness that causes him to be
significantly functionally impaired over an indefinite period of time.

2) Mental or psychological incapacity is the inability to
i.) Understand the information given concering the nature of the disorder;
ii) Understand the consequences that his/her decisions and actions have for

his/her own life or health and for the life and health of others, which may
be serious and irreversible;



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iii) — Understand that treatment might mitigate or remedy the condition and that
lack of treatment might aggravate it;

iv.) Understand the information about the nature of treatment proposed,
including the means of treatment, its direct effects and its possible side
effects; and

v.) Effectively communicate with others regarding his/her condition and
his/her consent to treatment or hospitalization

aa) NEDA means the National Economic and Development Authority.

bb) Patients refer to a person receiving/utilizing mental health care and treatment
from a mental health care facility or clinic.

cc) PhilHealth refers to Philippine Health Insurance Corporation.

dd) Psychiatric emergencies are conditions which may present a serious threat to a
person's well being and/or that of others requiring immediate psychiatric interventions such as in
cases of attempted suicide, acute intoxication, severe depression, acute psychosis or violent
behavior.

ee) Psychosocial problem refers to a condition that indicates the existence of
disturbances in the individual's behavior, thoughts and feclines brought about by sudden,
extreme or prolonged stressors in the physical or social environment

ff)  'TESDA refers to the Technical Education and Skills Development Authority

CHAPT

ul
BASIC MENTAL HEALTH RIGHTS

SEC. 5. Right to Mental Health. — Every person shall have the right to the best available
mental health care, which shall be part of the health and social care system

Ss c: 6. Right of Person with Mental Illnesses or who is being treated for a Mental
MIness. ~ Every person with a mental illness or who is being treated for a mental illness shall
have the following rights:

a) The right to be treated with humanity and respect for the inherent dignity of the
human person

b) The right to protection from economic, sexual and other forms of exploitation,
physical or other abuse and degrading treatment.


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c) The right against discrimnation on the ground of mental illness.

a) The right to exercise all civil, political, economic, social and cultural rights
respecting individual qualities, abilities and diverse backgrounds and without any disorimination
on grounds of physical disability, age, gender, sexual orientation, race, color, language, civil
status, religion or national or ethnic or social origin of the service user concemed as recognized
in the Universal Declaration of Human Rights, the International Covenant on Economic, Social
and Cultural Rights, the Intemational Convenant on Civil Declaration on the Rights of Disabled
Persons and the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment

e) The right to receive treatment of the same quality and standards as other
individuals in a safe and conducive environment

f) ‘The right to be adequately informed about the disorder and the services available
to cater to their needs and the treatment options available and to actively consent to, and
Participate in the formulation of, such services and treatment plans

2) The right to live and work, to the extent possible, in the community.

h) The right to confidentiality of all information, communication and records about
themselves, illness and treatment in whatever form stored, which information shall not be
revealed to third parties without their consent unless:

1. There is a law that requires disclosure;

2. It can be argued that the person has provided express or implied consent to
the disclosure; and

3. There is good reason to believe that specific persons or groups are place in
serious, credible threat of harm if such disclosure is not made

SEC. 7. Rights of Family Members, Carers and Legal Representatives. ~The family
members and duly-designated or appointed legal representative of the service user shall have the
right to:

a) Receive appropriate psychosocial suport from the relevant government agencies;

b) With the consent of the concemed service user, participate in the formulation,
development and implementation of the service user's individualized treatment plan;

c) Apply for relea
facility; and

se and transfer of the service user to an appropriate mental health


ewocawne

4) Participate in mental health advocacy, policy, planning,
provision, monitoring, research and evaluation.

legislation service

SEC. 8 Rights of Mental Health Professionals, — Mental health profe:
have the right to

jionals shall

a) A safe and supporting work environment;

b) Continuous education and training;

©) Participate in the planning, development and management of health services;

d) Except in emergency situations, manage and control all aspects of his or her

practice, including whether or not to accept or decline a service user for treatment,

©) Advocate for the right of a service user, in cases where the service user’s wishes
are at odds with those of his family or legal representative.

SEC. 9. Quality of Mental Health Services. ~ Mental health services provided pursuant
to this Act shall be:

a) Based, when feasible, on research findings.

b) Based on individual clinical needs, cultural and ethnic needs and other special
needs of individuals being served.

©) Most appropriate and least restrictive setting available to the local mental health
authority

d) Accessible to all age group.

e) Provided by qualified individuals and delivered in a manner that provides
accountability

SEC. 10. Mandatory Phithealth Coverage, — Notwithstanding Republic Act No. 7277,
all persons with mental disability or those diagnosed to have chronic mental illness shall be
covered by the National Insurance Program of Philhealth, Funds necessary to ensure the
enrollment of all persons with mental disability who are not currently covered under any existing
category shall be sourced from the National Health Insurance Fund of Philhealth earmarked from
the proceeds of sin tax collections provided for in Republic Act No. 10351

For the purpose of implementing this Section, PhilHealth and DSWD shall promulgate,
not later than thirty (30) days upon the effectivity of this Act, the necessary rules and regulation
for the proper and effective implementation


SEC, 11. Registration, Monitoring and Assessment of Medical Facilities and
Hospita It is the duty and responsibility of the DOH to license, monitor and assess all mental
health facilities and hospitals to ensure their compliance with the National Mental Health Care
Delivery System to be developed and enacted pursuant to this Act

SEC, 12, Complaint and Investigation, — The DOH, CHR and DOJ shall receive all
complaints of improprieties and abuses in mental health care, and shall initiate appropriate
investigation and action

Purther, the CHR shall inspect all places where psychiatric service users are held for
involuntary treatment or otherwise, to ensure full compliance with domestic and international
standards governing the legal basis for treatment and detention, quality of medical care and
living standards. The CHR may, motu proprio, file a complaint agains the erring mental health
care institutions should they find any non-compliance based on its investigations,

CHAPTER IIL

‘THE PHILIPPINE MENTAL HEALTH COUNC!

SEC. 13. Mandate. — The Philippine Mental Health Council herein referred to as the
Couneil, is hereby established as an attached agency under the DOH to provide for a coherent,
rational and unified response to mental health problems, concems and efforts thorugh the
formulation and implementation of the National Mental Health Care Delivery System

SEC. 14, Duties and Functions. ~ The Council shall exercise the following duties.

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

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

©) Conduct regular monitoring and evaluation in support of policy formation 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,
rams 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 by law,



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

3) 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 facilitate the implementation of studies and researches on mental
health, with special emphasis on studies that would serve as basis for developing appropriate and
culturally relevant mental health services in the community;

i) Create inter-agency committees, project task forces and other groups necessary to
implement the policy and program framework of this Act;

i) Perform other duties and functions necessary to carry out the purposes of this Act:
and

k) Collaborate with the following agencies, specifically:

i) The DOST and attached agencies like the Philippine Institute of Traditional
and Alternative Health Care (PITAHC) and the Philippine Council for
Health Research and Development (PCHRD) to advance research on basic
and clinical studies into mental illness and complementary and altemative
treatment.

ii.) The DepEd and the CHED, to develop school based mental health
promotion, screening and referral systems.

iii.) PhilHealth, to make sure that availability of insurance packages is in place
with parity to physical disorders with similar impact to the patient as
measured by Disability Adjusted Life Years or similar instrumentation

iv.) The TESDA, the DSWD, the DA, the DTI, the DENR, the DILG and other
agencies, to develop vocational opportunities via innovative modalities with
program design and planning in conjunction with psychiatrists and other
mental health specialist

v) The DOLE, to promote diversity and equal protection in the workplace
mandating companies to develop programs to enhance mental wellness of
all employees and to ensure work accomodations of mentally ill

vi.) The NEDA, to envision programs to promote the mental wealth of our
nation, including inclusive growth for the mentally ill.


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SEC. 15. Composition. ~ The Council shall be composed of the followin

vii.) The National Center for Health Promotion, to lead in the formulation of the
standard and development of mental health information, education and
communication and advocacy strategies to ensure the promotion of a totally
healthy and less stressfal lifestyle for the Filipinos

viii.) The National Epidemiological Center, to develop and update the
epidemiology of mental diseases and services available in the country in the
form of a census or a similar instrument. Research into epidemiology, risk
factors, treatment and management of mental disorders should be given a
priority, It shall ensure the development and enhancement of national
reporting and surveillance systems and methodologies and the generation,
availability, accessibility, sharing, exchange and distribution of information
and knowledge on mental health and the neurological cases

ix.) ‘The Philippine Statistical Authority, to formulate and integrate mental
health protective risk factors and other such data may help in the
formulation of policies towards mental wellness and prevention of mental
illness.

x,) The CHR, on matters pertaining to human rights issues, particularly, the
protections of persons utilizing mental health services and the prevention of
cruel, inhuman and degrading treatment in mental health care facilities.

xi.) Local govemment units, to formulate and integrate local concerns and
issused in the formulation of policies towards mental wellness, prevention
of mental illness and services for persons with mental illnesses.

‘The Secretary of Health, as ex-officio chairman;

The Executive Director, as vice chairman and Chief Executive Officer,
Two (2) representatives from the govemment health sector;

‘Two (2) representatives from the private health sector or consumer groups;
One (1) representative from the academe/research;

Two (2) representatives from the medical professional organization; and

Two (2) representatives from the allied non-government organizations involved in

mental health issues, as members.

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‘The President, from among the nominees of their respective organizations, shall appoint
the members of the Council

SEC. 16. Term of Office. ~ The members of the Council shall serve for three (3) years
In case a vacaney occurs in the Council, any person chosen to fill the vacancy shall serve only
for the unexpired term of the member whom he/she succeeded,

SEC. 17. 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 convened by the Chairman
or upon written request of at least three (3) of its memebers

SEC. 18. Quorum. ~ The presence of a majority of the members of the Council shall
constitute a quorum,

SEC. 19. Per Diem. — The members of the Council shall receive reasonable per diems
and transportation allowance subject to the existing rules and regulations of the Department of
Budget and Management.

SEC, 20. Executive Directors. — (a) The Council shall appoint an Executive Director
who shall serve fora term of three (3) years. The Executive Director shall be eligibile for one (1)
reappointment and shall not be removed from office except in accordance with existing laws

(b) the Executive Director shall have the following duties and functions

i. Act as chief executive officer of the Council and assume full responsibility
in implementing its purposes and objectives;

ii, Maintain a close and functional relationship with the DOH and other
government and private entities conceming mental health care;

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

iv, Execute and administer approved policies, programs and measures and
allocate appropriate resources for their implementation

v. Recommend to the Secretary of Health the appointment of personnel of the
Council including supervisory, technical, clerical and other personnel in
accordance with the staffing pattems and organizational structure approved
by the Council; and

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

u


SEC. 21, Salary. ~ The Executive Director shall receive a salary to be fixed by the
Council in accordance with the Salary Standardization Law,

SEC, 22. Bureau of Mental Health Development, ~'To ensure the proper and efficient
implementation of this Act, a Bureau of Mental Health Development is hereby created within the
DOH, which shall be primarily responsible for coordinating, all current mental health programs
being implemented with the National Mental Health Care Delivery System, and any amendments
thereto and likewise serve as the secretariat of the Council

The Bureau shall have the following functions:

a) Oversee the development of mental health measures for sub-programs and
components.

b) Integrate the various programs, project and activities from the various program
development and management groups for each sub-program,

¢) Manage the various sub-programs and components of the National Mental Health
Care Delivery System

d) Oversee the implementation of prevention and control measures for mental health
sues and concerns.

‘The Bureau shall be headed by the Executive Director, mentioned in this Act.

The Secretary of DOH, upon recommendation of the Executive Director, shall determine
the organizational structure of the Bureau and create new divisions or units as may be deemed
necessary and shall appoint officers and employees of the Bureau in accordance with the civil
service rules and regulations

SEC. 23. Appointment of Members. — Within thirty (30) days from the date of this Act,
the President of the Philippines shall appoint the members of the Council

SEC. 24, National Mental Health Care Delivery System. ~ Within six (6) months from
the effectivity of this Act and immediately after the appointment of all members of the Council,
the Council shall convene and develop 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, which shall include enhancement of integrated
mental health services, the promotion and protection of persons utilizing mental health services,
prescribing measures for prevention and control of mental disorders through the development of
efficient and effective structures, systems and mechanisms, effective delivery of mental health
care to all its stakeholders by qualified, competent, compassionate and ethical mental health
professionals and mental health workers. The National Mental Health Care Delivery System
shall also include and institute a nationwide mental health information and eduction program

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Among others, the National Mental Health Care Delivery System shall:

a.) Provide for an age-specific schedule of mental health iss uding commonly
known mental illnesses and disorders as well as risk factors that have been clinically determined
to affect one’s mental health

b.) Provide for standards and policies that will ensure conditions for a safe,
therapeutic and hygienic environment with sufficient privacy in mental health facilities

©) Provide for the duties and responsibilities of each government agency concerned
with mental health in the implementation of the National Mental Health Care Delivery System

d.) Provide the responsibilities of the service users, his or her family, carers, legal
representatives, mental health professionals and mental health facilities that will ensure
maximum effectivity of implemented mental health programs.

©) Provide for the standards applicable to licensing, monitoring and assessment of
‘mental health facilities

£) Develop alternatives to institutionalization, such as community-based treatment
with a view of receiving persons discharged from hospitals.

SEC. 25. Coordination with the Local Community - The DOH shall supervise the
development and coordination of locally avalable mental health services by the local government
units in a manner consistent with this Act

CHAPTER IV

MENTAL HEALTH SERVICE IN THE COMMUNITY

SEC, 26, Local Mental Health Service, ~ Mental health service of local communities
shall, within the general health care system and consistent with the National Mental Health Care
Delivery System, include the following,

a) Development, integration and implementation of mental health care at the primary
health care in the community;

b) Support services for families and co-workers of service users, carers, legal
representatives and mental health professionals; and

©) Advocacy and promotion of mental health awareness among the general
population in the community level

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SEC, 27. Local Budgetary Allocation to Mental Health ~ Local Health Boards of
municipalities, cities and provinces shall allocate at least ten percent (10%) of its annual buget
for mental health services and mental health facilities necessary for the effective implementation
of the provisions of this Act.

This allocation for mental health by local health boards shall be used to develop and
coordinate a system of affordable and locally available mental health services in accordance with
the provisions of this Act, including the following,

a) Education and prevention services;

b) Screening services, including screening of drug dependents who
voluntarily submit for treatment and rehabilitation;

°) :mergency services;
d) Outpatient services; and
e) Residential treatment services

SEC. 28 Local Health Care Facilities. — Each local goverment unit, upon its
determination of the necessity based on well-supported data provided by its local health office
shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified
personnel, equipment and supplies to be able to provide mental health services and to address
psychiatric emergencies; Provided, that people on geographically isolated or highly populated
and depressed areas shall have the same level of access and shall not be neglected by providing
other means such as home visits or mobile health care clinics, as needed. Provided, further, That
the national government shall provide additional and necessary finding and other necessary
assistance for the effective implementation of this provision.

BC, 29. Capacity to Conduct Drug Dependency Examination, ~ Pursuant to its duty to
provide mental health services and consistent with the policy of treating drug dependency as a
mental health issue, each local health care facility must be capable of conducting drug,
dependency examinations and for this purpose, must employ at least one (1) DOH accredited
physician who is licensed to conduct such examination.

SEC. 30. Capacity Building of Barangay Health Workers. ~The DOH, shall be
responsible for disseminating information and providing training programs to the LGUs, The
LGUs, with the technical assistance of the DOH, shall be responsible for the training of BHWs
and other barangay volunteers on the promotion of mental health. The DOH shall provide the
LGUs with medical supplies and equipment needed by BHWs to carry out their functions
effectively: Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of this
provision including the possible provision of additional honoraria for BHWs.

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SEC. 31, Public Awareness, — The DOH and the LGUs shall initiate and sustain a
heightended nationwide multimedia campaign to raise the level of public awareness on the
protection and promotion of mental health and rights including, but not limited to, mental health
and nutrition, stress handling, guidance and counseling and other elements of mental health

CHAPTER V

MENTAL HEALTH FOR DRUG DEPE! TS

. 32. Voluntary Submission of a Drug Dependent to Confinement, Treatment and
Rehabiliation. — \n addition to the voluntary submission program provided in Republic Act No
9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002, a drug dependent
may apply for treatment and rehabilitation of mental illness due to drug dependency and
addiction, by himself/herself or through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinty or affinity, under this Act through the baranggay. Upon
application, the barangay shall refer the applicant to a DOH accredited physician in the nearest
local mental health facility who shall examine the applicant and determine whether he or she is
mentally ill due to drug dependency and addiction. Should the DOH accredited physician find
the applicant mentally ill, he shall issue a certification to that effect with a recommendation as to
the treatment plan fit for the applicant, Should the DOH accredited physician find that applicant
is not mentally ill, he shall likewise issue a certification to that effect.

The certification of the DOH accredited physician shall be forwarded to the baranggay.
A certification finding the applicant to be mentally ill shall be forwarded by the baranggay to the
Council, which shall secure the necessary Court order approving the treatment and rehabilitation
of the applicant. A certification that applicant is not mentally ill shall be forwarded by the
baranggay to the Dangerous Drug Board for processing under Republic Act No. 9165

Upon completion of the Court approved treatment and rehabiliation pursuant to the
voluntary submission program under this Act, the head of the mental health facility or treatment
and rehabilitation center wherein the applicant was committed or treated shall apprise the Court
and the Council of the status of said drug dependent and determine whether further confinement
or treatment will be for the welfare of the drug dependent and his/her family or the community.
Any recommendation for after-care or continuation of treatment and confinement shall be subject
to the approval of the Court.

SEC. 33. Exemption from the Criminal Liability. ~ A drug dependent under the voluntary
submission program provided in Section 32 of this Act, who completes the prescribed treatment
plan and/or is finally discharged from confinement, shall be exempt from the criminal liability
under Section 15 of Republic Act No. 9165, subject to the following conditions

a) He/she has complied with the rules and regulations of the mental health facility, the
applicable rules and regulations of the Council;

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b) He/she has never been charged or convicted of any offense punishable under Republic
Act No. 9165, Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the
Revised Penal Code, as amended; or any special penal laws;

©) He/she has no record of escape from a mental health facility or any treatment and
rehabilitation centers for drug dependents referred to in Republic Act No. 9165
Provided, That had he/she escaped, he/she surrendered by himself/herself or through
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity ot
affinity, within one (1) week from the date of the said escape; and

d) Helshe poses no serious danger to himselffherself, his/her family or the community by
his/her exemption from criminal liability

A drug dependent who is discharged upon completion of the voluntary submission program,
but does not qualify for exemption from criminal liability under this Section, may be charged
under the provisions of Republic Act No, 9165, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion of the court, without
prejudice to the outcome of any pending case filed in court.

SEC, 34, Mandatory Mental Health Examination of Apprehended/Arrested Drug
Offenders. — Any person apprehended or arrested for the use of dangerous drugs in violation of
Section 15 of Republic Act No. 9165; or any person apprehended or arrested for violation of any
provisions of Republic Act No. 9165, who is confirmed to be under the influence of dangerous
drugs after the conduct of a screening laboratory examination or test pursuant to Section 38 of
said Act, shall likewise undergo a mandatory mental health examination to be conducted by a
DOH accredited physician to determine whether he or she has mental illness or disability. The
DOH accredited physician shall issue a certification stating the results of his/her findings and
his/her recommendation on a treatment and rehabilitation plan fit for the examined person, which
recommendation shall be submitted to the Court, for its proper consideration,

CHAPTER VI
EDUCATION, RESEARCH AND DEVELOPMENT
SEC. 35. Integration of Mental Health/Psychiatry in the Curricula, Mental
health/psychiatry shall be a required subject in all medical and allied health courses, including
postgraduate courses in health,
SEC. 36. 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

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CHAPTER VI
MISCELLANEOUS PROVISIONS

SEC. 37. Appropriation. — In order to provide the necessary funds required for the
organization and initial calendar year of operational expenditures of the Council, the amount of
One hundred million pesos (P100,000,000.0) from the National Treasury is hereby
appropriated, Thereafter, such amount necessary for the continued operation of the Council and
the implementation of the National Mental Health Care Delivery System shall be included in the
annual General Appropriations Act incorporatedsin the regular budget of the DOH.

SEC. 38. Implementing Rules and Regulations. ~ Within ninety (90) days from the
effectivity of this Act, the Secretary of Health shall, in coordination with the Council, formulate
the implementing rules and regulations necessary for the effective implementation of this Act

SEC, 39. Separability Clause. — If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisians not affected thereby shall remain in full force
and effect

SEC. 40, Repealing Clause. — Executive Order 470, s 1998 is hereby repealed. All
other laws, rules, regulations, orders, circulars, and other issuances or parts thereof, which are

inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 41. Effectivity Clause. — This ‘Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation

Approved,

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