FIFTEENTH CONGRESS OF mE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
"lE-
S. NO. .;) --:l £1 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
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JUl -6 P 1 :,)7 
The 1987 Constitution under Article II, Section 15 mandates that the State shall protect 
and promote the right to health of the people and instill health consciousness among 
them. Further, under Article XIII, Section 11 mandates that State shall adopt an 
integrated and comprehensive approach to health development 
One aspect of our health which has not been given much priority by the government is 
mental health. Issues on mental health not only include problems on commonly known 
mental disorders such as depression, bipolar disorder (manic-depressive illness), 
attention-deficit/ hyperactivity disorder, anxiety disorders and conduct disorder, but more 
importantly the effects on one's mind of the risks brought about by extreme life 
experiences as well as the psycohosocial concerns of daily living. Extreme life 
experiences such as disasters and armed conflicts as well as large-scale exodus of our 
skilled workers for jobs overseas contribute to mental disorder problems. In 2007, 
according to the Philippine Psychiatric Association, up to 20% of adults suffer from 
mental disorders. Given this dilemma, services for mental health must be available within 
the public health as well as the hospital system of the country. 
This bill seeks to provide a unified, accountable, comprehensive adult mental health 
service system in the country in accordance with the provisions of the Constitution in 
promoting the right to health of everyone. The proposed measure seeks to promote the 
independence and safety of adults with mental illness, and eliminate the abuses done to 
them by providing appropriate quality service that is consistent with contemporary 
professional standards in the field of mental health. 
In view ofthe foregoing, immediate:approval of this measure is earnestly sought. 
1s;.~ "s<~l:, ~. TRTLIANF$ IV 
Senator 
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, 
.. 
FIFTEENTH CONGRESS OF THE 
) 
C",,~FE'f n", j> 
';.:r';r:"r>t,:(\1 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 JUL-6 Pi:'j8 
SENATE 
S.NO. 354 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
ESTABLISHING 
A 
COMPREHENSIVE 
ADULT 
MENTAL 
HEALTH 
PROGRAM IN THE COUNTRY, APPROPRIATING FUNDS THEREFOR AND 
FOR OTHER PURPOSES 
' 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled. 
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SECTION 1. Title. - This Act shall be known as the "Comprehensive Adult 
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Mental Health Act of201O." 
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SEC. 2. Statement oj Policy. - It shall be the policy of the State to protect and 
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promote the right to health of the people and instill health consciousness among them. To 
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this end, the State shall create and ensure a unified, accountable, comprehensive adult 
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mental health service system that: 
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(1) recognizes the right of adults with mental illness to control their own lives 
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as fully as possible; 
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(2) promotes the independence and safety of adults with mental illness; 
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(3) reduces chronicity of mental illness; 
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(4) eliminates abuse of adults with mental illness; 
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(5) provides services designed to: 
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(a) increase the level offurlctioning of adults with mental illness or restore 
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them to a previously held higher level of functioning; 
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(b) stabilize adults with mental illness; 
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( c) prevent the development and deepening of mental illness; 
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(d) support and assist adults in resolving mental health problems that 
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impede their functioning; 
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(e) promote higher and more satisfYing levels of emotional functioning; 
and 
(f) promote sound mental health; and 
(6) provides a quality of service that is effective, efficient, appropriate, and 
consistent with contemporary professional standards in the field of mental 
health. 
SEC. 3. Definition of Terms. - As used in this Act, the term-
(1) 
"Acute care hospital inpatient treatment" means short-term medical, 
nursing, and psychosocial services provided in an acute care hospital. 
(2) 
"Case management services" means activities that are coordinated 
with the community support services program as defined in number 6 and are 
designed to help adults with serious and persistent mental illness in gaining access 
to needed medical, social, educational, vocational, and other necessary services as 
they relate to the client's mental health needs. Case management services include 
developing a functional assessment, an individual community support plan, 
referring and assisting the person to obtain needed mental health and other services, 
ensuring coordination of services, and monitoring the delivery of services. 
(3) 
"Case management service provider" means a case manager or case 
manager associate employed by the local mental health authority or other entity 
authorized by the local mental health authority to provide case management services. 
(a) A case manager must: 
(i) be skilled in the process of identifying and assessing a wide 
range of client needs; 
(ii) be knowledgeable about local community resources and how 
to use those resources for the benefit of the client; 
(iii)have a bachelor's degree in one of the behavioral sciences or 
related fields including, but not limited to, social work, 
psychology, or nursing from an accredited college or 
university or meet the requirements of paragraph (3) (b); and 
(iv) meet the supervision and continuing education requirements 
described in paragraphs (3) (c), (d), and (e), as applicable. 
(b) Case managers without a bachelor's degree must meet one of the 
requirements in clauses (i) to (iii): 
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(i) have three or four years of experience as a case manager 
associate as defined in this section; 
(ii) be a registered nurse without a bachelor's degree and have a 
combination of specialized training in psychiatry and work 
expenence 
consisting 
of 
community 
interaction 
and 
involvement 'or community discharge planning in a mental 
health setting totaling three years; or 
(c) A case manager witi1. at least 2,000 hours of supervised experience in 
the delivery of services to aduits with mental iiiness must receive 
regular ongoing supervision and clinical supervision totaling 38 
hours per year of which at least one hour per month must be clinical 
supervision regarding individual service delivery with a case 
management supervisor. The remaining 26 hours of supervision may 
be provided by a case manager with two years of experience. Group 
supervision may not constitute more than one-half of the required 
supervision hours. Clinical supervision must be documented in the 
client record. 
(d) A case manager without 2,000 hours of supervised experience in the 
delivery of services to adults with mental illness must: 
(i) receive clinical supervision regarding individual service 
delivery from a mental heaith professional at least one hour 
per week until the requirement of 2,000 hours of experience is 
met; and 
(ii) complete 40 hours of training approved by the commissioner 
in case management skills and the characteristics and needs of 
adults with serious and persistent mental illness. 
(e) A case manager who is not licensed, registered, or certified by a 
health-related licensing board must receive 30 hours of continuing 
education and training in mental illness and mental health services 
every two years. 
(f) A case manager associate (CMA) must: 
(i) 
work under the direction of a case manager or case 
management supervisor; 
(ii) be at least 21 years of age; 
(iii) have at least a high school diploma or its equivalent; and 
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(iv) meet one of the following criteria: 
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(aa) have an ~ssociate of arts degree in one of the behavioral 
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sciences or human services; 
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(hb) within the previous ten years, have three years of life 
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experience with serious and persistent mental illness as 
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defined in section (3) (20); or as a child had severe 
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emotional disturbance as defined in section (3) (6); or have 
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three years life experience as a primary caregiver to an 
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aduit with serious and persistent mental iiiness within the 
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previous ten years; 
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(cc) have 6,000 hours work experience as a non-de greed state 
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hospital technician; or 
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(dd) be a mental health practitioner as defined in section (3) 
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(15-b). 
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Individuals meeting one of the criteria in items (aa) to (cc), may qualify as a . 
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case manager after four years of supervised work experience as a case manager 
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associate. Individuals meeting the criteria in item (dd), may qualify as a case 
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manager after three years of supervised experience as a case manager associate. 
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(g) A case management, associate must meet the following supervision, 
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mentoring, and continuing education requirements: 
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(i) have 40 hours of pre-service training; 
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(ii) receive at least 40 hours of continuing education in mental 
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illness and mental health services annually; and 
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(iii) receive at least five hours of mentoring per week from a 
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case management mentor. 
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(iv) A case management supervisor must meet the criteria for 
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mental heaith professionals, as specified in section (3) (18). 
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(h) An immigrant who does not have the qualifications specified in this 
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subdivision may provide case management services to adult 
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immigrants with serious and persistent mental illness who are 
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members of the same ethnic group as the case manager if the person: 
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(i) is currently enrolled in and is actively pursuing credits toward 
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the completion of a bachelor's degree in one of the behavioral 
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sciences or a related field including, but not limited to, social 
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work, psychology, or nursing from an accredited college or 
university; 
(ii) completes 40 hours of training as specified in this subdivision; 
and 
(iii) receives clinical supervision at least once a week until the 
requirements' of this subdivision are met. 
(4) 
"Case management mentor" means a qualified, practicing case 
manager or case management supervisor who teaches or advises and provides 
intensive training and clinical supervision to one or more case manager associates. 
Mentoring may occur while providing direct services to consumers in the office or 
in the field and may be provided to individuals or groups of case manager 
associates. At least two mentoring' hours per week must be individual and face-to-
face. 
(5) 
"Commissioner" means the commissioner of human services. 
(6) 
"Community support services program" means services, other than 
inpatient or residential treatment services, provided or coordinated by an identified 
program and staff under the clinical supervision of a mental health professional 
designed to help adults with serious and persistent mental illness to function and 
remain in the community. A community support services program includes: 
(a) client outreach; 
(b) medication monitoring; 
(c) assistance in independent living skills; 
(d) development of employability and work-related opportunities; 
(e) crisis assistance; 
(f) psychosocial rehabilitation; 
(g) help in applying for government benefits; and, 
(h) housing support services, 
(7) 
"Day treatment," "day treatment services," or "day treatment 
program" means a structured program of treatment and care provided to an adult. 
Day treatment consists of group psychotherapy and other intensive therapeutic 
services that are provided at least one day a week by a multidisciplinary staff under 
the clinical supervision of a mental health professional. Day treatment may include 
education and consultation provided to families and other individuals as part of the 
treatment process. The services are aimed at stabilizing the adult's mental health 
status, providing mental health services, and developing and improving the adult's 
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independent living and socialization skills. The goal of day treatment is to reduce 
or relieve mental illness and to enable the adult to live in the community. Day 
treatment services are not a part of inpatient or residential treatment services. Day 
treatment services are distinguished from day care by their structured therapeutic 
program of psychotherapy services. 
(8) 
"Diagnostic assessment" means a written summary of the history, 
diagnosis, strengths, vulnerabilities, and general service needs of an adult with a 
mental illness using diagnostic, interview, and other relevant mental health 
techniques provided by a mental heaith professional used in developing an 
individual treatment plan or individual community support plan. 
(9) 
"Education and prevention services" means services designed to 
educate the general public or special high-risk target populations about mental 
illness, to increase the understanding and acceptance of problems associated with 
mental illness, to increase people's awareness of the availability of resources and 
services, and to improve people's skilis in dealing with high-risk situations known 
to affect people's mental health and functioning. The services include the 
distribution of information to individuals and agencies identified by the county 
board and the local mental health advisory council, on predictors and symptoms of 
mental disorders, where mental health services are available in the county, and how 
to access the services. 
(10) 
"Emergency services" means an immediate response service available 
on a 24-hour, seven-day-a-week l;>asis for persons having a psychiatric crisis, a 
mental health crisis, or emergency. 
(i I) 
"Functional assessment" means an assessment by the case manager of 
the adult's: 
(a) mental health symptoms as presented in the adult's diagnostic 
assessment; 
(b) mental health needs as presented in the adult's diagnostic assessment; 
(c) use of drugs and alcohol; 
(d) vocational and educational functioning; 
(e) social functioning, including the use ofleisure time; 
(f) interpersonal functioning, including relationships with the adult's 
family; 
(g) self-care and independent living capacity; 
(h) medical and dental health; 
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(i) financial assistance needs; 
U) housing and transportation needs; and 
(k) other needs and problems. 
(11) 
"Individual community support plan" means a written plan developed 
by a case manager on the basis of a diagnostic assessment and functional 
assessment. The plan identifies specific services needed by an adult with serious 
and persistent mental illness to develop independence or improved functioning in 
daily living, health and medication management, social functioning, interpersonal 
relationships, financial management, housing, transportation, and employment. 
(12) 
"Individual placement agreement" means a written agreement or 
supplement to a service contract entered into between the county board and a 
service provider on behalf of an individual adult to provide residential treatment 
services. 
(13) 
"Individual treatment plan" means a written plan of intervention, 
treatment, and services for an adult with mental iiiness that is developed by a 
service provider under the clinical supervision of a mental health professional on 
the basis of a diagnostic assessment. The plan identifies goals and objectives of 
treatment, treatment strategy, a schedule for accomplishing treatment goals and 
objectives, and the individual responsible for providing treatment to the adult with 
mental illness. 
(14) 
"Mental health crisis services" means cnSIS assessment, CrISIS 
intervention, and crisis stabilization services. 
(15) 
"Mental health practitioner" means a person providing services to 
persons with mental illness who is .qualified in at least one of the following ways: 
(a) holds a bachelor's degree in one of the behavioral sciences or related 
fields from an accredited college or university and: 
(i) has at least 2,000 hours of supervised experience in the delivery of 
, 
services to persons with mental illness; or 
(ii) is fluent in the non-English language of the ethnic group to which 
at least 50 percent of the practitioner'S clients belong, completes 
40 hours of training in the delivery of services to persons with 
mental illness, and receives clinical supervision from a mental 
health professional at least once a week until the requirement of 
2,000 hours of supervised experience is met; 
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(b) has at least 6,000 hours of supervised experience in the delivery of 
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services to persons with mental illness; 
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(c) is a graduate student in one of the behavioral SCIences or related 
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fields and is formally assigned by an accredited college or university 
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to an agency or facility for clinical training; or 
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(d) holds a master's or other graduate degree in one of the behavioral 
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sciences or related fields from an accredited college or university and 
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has less than 4,000 hours post-master's experience in the treatment of 
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mental ii1ness. 
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(16) 
"Mental health professional" means a person providing clinical 
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services in the treatment of mental illness who is qualified in at least one of the 
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following ways: 
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(a) in psychiatric nursing: a registered nurse; and: 
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(i) who is certified as a clinical specialist or as a nurse practitioner in 
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adult or family psychiatric and mental health nursing by a 
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national nurse certification organization; or 
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(ii) who has a master's degree in nursing or one of the behavioral 
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sciences or related fields from an accredited coiiege or university 
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or its equivalent, with at least 4,000 hours of post-master's 
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supervised experience in the delivery of clinical services in the 
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treatment of mental illness; 
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(b) in clinical social work: a person licensed as an independent clinical 
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social worker, or a person with a master's degree in social work from 
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an accredited college or university, with at least 4,000 hours of post-
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master's supervised experience in the delivery of clinical services in 
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the treatment of mental illness; 
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(c) in psychology: a licensed individual who IS competent In the 
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diagnosis and treatment of mental illness; 
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(d) in psychiatry: a duly licensed physician or eligible for board 
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certification in psychiatry; 
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(e) in marriage and family therapy: the mental health professional must 
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be an eligible marriage and family therapist with at least two years of 
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post-master's supervised experience in the delivery of ciinical 
services in the treatment of mental illness; or 
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(t) in allied fields: a person with a master's degree from an accredited 
college or university in one of the behavioral sciences or related 
fieids, with at least 4,000 hours of post-master's supervised 
experience in the delivery of clinical services in the treatment of 
mental illness. 
(17) 
"Mental health services" means aii of the treatment services and case 
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management activities that are provided to adults with mental illness and are 
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described in this Act. 
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(is) 
"Mental illness" means an organic disorder of the brain or a clinicaiiy 
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signitlcant disorder of thought, mood, perception, orientation, memory, or behavior 
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that seriously limits a person's capacity to function in primary aspects of daily 
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living such as personai relations, living arrangements, work, and recreation. 
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(19) 
"Adult with acute mental illness" means an adult who has a mental 
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illness that is serious enough to require prompt intervention. 
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(20) 
For purposes of case management and community support services, a 
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"person with serious and persistent mental illness" means an adult who has a 
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mental illness and meets at least one of the following criteria: 
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(a) the aduit has undergone two or more episodes of inpatient care for a 
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mental illness within the preceding 24 months; 
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(b) the adult has experienced a continuous psychiatric hospitalization or 
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residential treatment exceeding six months' duration within the 
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preceding 12 months; 
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(c) the adult has been treated by a crisis team two or more times within 
, 
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the preceding 24 months; 
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(d) the adult: 
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(i) has a diagnosis of schizophrenia, bipolar disorder, maJor 
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depression, or borderline personality disorder; 
(ii) indicates a significant impairment in functioning; and 
(iii) has a written opinion from a mental health professional, in 
the iast three years, stating that the adult is reasonabiy likely 
to have future episodes requiring inpatient or residential 
treatment, of it frequency described in clause (a) or (b), unless 
ongoing case management or community support services are 
provided; 
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(e) the adult has, in the'last three years, been committed by a court as a 
person who is mentally ill or the adult's commitment has been stayed 
or continued; or 
Cf) the adult [1] was eligible under clauses (a) to (e), but the specified 
time period has, expired or the adult was eligible. as a child~ and [2] 
has a written opinion from a mental health professional, in the last 
thre,e (3) years, stating that the adult is reasonably likely to have 
future episodes requiring inpatient or residential treatment, of a 
frequency described in clause (a) or (b), unless ongOing case 
management or community support services are provided. 
(21) 
"Outpatient services" means mental health services, excluding day 
treatment and community support services programs, provided by or under the 
clinical supervision of a mental health professional to adults with mental illness 
who live outside a hospital. Outpatient services include clinical activities such as 
individual, group, and family therapy; individual treatment planning; diagnostic 
a~~e~~ments; medication manage1nent; and psychological testing. 
(22) 
"Regional treatment'center inpatient services" means the 24-hour-a-
day comprehensive medical, nursing, or psychosocial services provided in a 
regional treatment center operated by the government. 
(23) 
"Residential treatment" means a 24-hour-a-day program under the 
clinical supervision of a mental health professional, in a community residential 
setting other than an acute care hospital or regional treatment center inpatient unit, 
that must be licensed as a residential treatment program for adults with mental 
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illness . 
(24) 
"Service provider" means either a county board or an individual or 
agency including a regional treatment center under contract with the county board 
that provides adult mental health services funded by sections. 
(25) 
"Significant impairment in functioning" means a condition, including 
significant suicidal ideation or thoughts of harming self or others, which harmfully 
affects, recurrently or consistently, a person's activities of daily living in 
employment, housing, family and social relationships, or education. 
SEC. 4. Planning/or a Mental Health System -
(1) 
Planning effort - Starting on the effective date of this Act, the Secretary 
of the Department of Health and the local mental health authorities shall plan for the 
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development of a unified, accountable, and comprehensive statewide mental health 
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system. The system must be planned and developed by stages until it is operating at full 
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capacity. 
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(2) 
Technical assistance - The DOH Secretary shall provide ongomg 
technical assistance to local mental health authorities to improve system capacity and 
quality. They shaH also exchange information as needed about the numbers of aduits with 
mental illness residing in the county and extent of existing treatment components locally 
available to serve the needs of those persons. Local mental health authorities shall 
cooperate with the DOH SecretaI)' in obtaining necessal)' planning information upon 
request. 
(3) 
Report on increase in community-based residential programs - The 
DOH SecretaI)' and other concerned'agencies shail study and submit to the legislature by 
six (6) months after the passage of this Act, a report and recommendations regarding (1) 
plans and fiscal projections for increasing the number of community-based beds, small 
community-based residential programs, and support services for persons 'with mental 
illness, including persons for whom nursing home services are inappropriate, to serve all 
persons in need of those programs; and (2) the pr()jected fiscal impact of maximizing the 
availability of medical assistance coverage for persons with mental iiiness. 
(4) 
Review of funding ,- The commissioner shall complete a review of 
funding for mental health services and make recommendations for any changes needed. 
The commissioner shail submit a report on the review and recommendations to the 
legislature five (5) months after the passage of this Act. 
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SEC. 5. Coordination of Mental Healti, System. -
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(1) 
Coordination - The ~ommissioner shall supervise the development and 
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coordination of locally available adult mental health services by the county boards in a 
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manner consistent with sections of this Act. The commissioner shaH coordinate 10caiiy 
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available services with those services' available from the regional treatment center serving 
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the area including state-operated services offered at sites outside of the regional treatment 
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centers. The commissioner shail provide technical assistance to county boards in 
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developing and maintaining locally available mental health services. The commissioner 
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shall monitor the county board's progress in developing its full system capacity and 
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quaiity through ongoing review of the county board's adult mental health component of 
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the community social services plan and other information as required by under this Act. 
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(2) 
Priorities - Six months after the enactment of this Act, the commissioner 
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shall require that each of the treatment services and management activities described in 
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sections 10 to 20 are developed for aduits with mental iiiness within available resources 
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based on the following ranked priorities: 
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(a) the provision oflocally available emergency services; 
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(b) the provision of locany available services to an adults with serious 
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and persistent mental illness and all adults with acute mental illness; 
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(c) the provision of specialized services regionally available to meet the 
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special needs of ail adults with serious and persistent mental iiiness 
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and all adults with acute mental illness; 
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(d) the provision of locally available services to adults with other mental 
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illness; and 
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(e) the provision of education and preventive mental health servICes 
targeted at high-risk populations. 
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(3) 
Pubiic-priYate partnerships - The DOH may establish a mechanism by 
16 
which local mental health authorities, hospitals, health plans, consumers, providers, and 
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others may enter into agreements that allow for capacity building and oversight of any 
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agreed-upon entity that is developed through these partnerships. The purpose of these 
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partnerships is the development and provision of mental health services which would be 
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more effective, efficient, and accessible than services that might be provided separately 
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by each partner. 
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SEC. 6. Duties of Local Mental Health Authorities. -
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(1) 
Use of mental health funds - The local mental health authorities shail 
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use its share of mental health funds allocated by the DOH according to the mental health 
26 
plan approved by the Secretary. The local mental health authorities must: 
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(a) develop and coordinate a system of affordable and locaily available 
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adult mental health services in accordance with the provisions of this 
29 
Act; 
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(b) with the involvement of the local adult mental heaith advisory 
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councilor the adult menta:! health subcommittee of an existing 
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advisory council, develop a biennial adult mental health plan which 
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considers the assessment of unmet needs in the locality as reported 
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by the local adult mental health advisory council under section 7 
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clause 5, clause (3). The local mental health authorities shall provide, 
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(2) 
upon request of the local adult mental health advisory council, 
readily available data to assist in the determination of unmet needs; 
(c) provide for case management services to aduits with serious and 
persistent mental illness in accordance with sections section 3 clause 
3 and 4; 
(d) provide for screemng of aduits specified in section 15 upon 
admission to a residential treatment facility or acute care hospital 
inpatient, or informal admission to a regional treatment center; 
(e) prudently administer grants and purchase-of-service contracts that the 
local mental health authority board determines are necessary to fulfill 
its responsibilities under this Act; and 
(f) assure that mental health professionals, meIltal heaith practitioners, 
and case managers employed by or under contract with the county to 
provide mental health services have experience and training in 
working with aduits ,with mental i1iness, 
Responsibility not duplicated - For individuals who have health care 
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coverage, the county board is not responsible for providing mental health services which 
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are within the limits of the individual's health care coverage, 
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SEC. 7. Local Service Delivery System-
21 
(1) 
Development oi services - The local mental heaith authority board in 
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each locality is responsible for using all available resources to develop and coordinate a 
23 
system of locally available and affordable adult mental health services, The local mental 
24 
health authority board may provide some or aii of the mental heaith services and 
25 
activities specified in paragraph 2 directly through a local mental health authority or 
26 
under contracts with other individuals or agencies, A local mental health authority or 
27 
local mental health authorities may enter into an agreement with a regional treatment 
28 
center or with any state facility or program, to enable the local mental health authority or 
29 
local mental health authorities to provide the treatment services in paragraph 2, Services 
30 
provided through an agreement between a local mental health authority and a regionai 
31 
treatment center must meet the same requirements as services from other service 
32 
providers, 
33 
(2) 
Aduit mentai heaith services - The adult mental health service system 
34 
developed by each county board must include the following services: 
35 
(a) education and prevention services in accordance with section 9; 
13 


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2 
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4 
5 
6 
7 
8 
9 
10 
11 
(b) emergency services in accordance with section 10; 
(c) outpatient services in accordance with section 11; 
(d) case management in accordance with in accordance with the 
definition of case management service; 
(e) residential treatment services in accordance with section 12; 
(f) acute care hospital inpatient treatment services in accordance with 
section 13; 
(g) regional treatment center inpatient servIces III accordance with 
section 14; and 
(h) screening in accordance with section 16. 
(3) 
Local contracts - Effective January 1, 2010, the local mental health 
12 
authority board shaH review aH proposed iocal mental health authority agreements, 
13 
grants, or other contracts related to mental health services for funding from any local, or 
14 
state sources. Contracts with service providers must: 
15 
(a) name the commissioner as a third party beneficiary; 
16 
(b) identify monitoring and evaluation procedures which are necessary to 
17 
ensure effective delivery of quality services; 
18 
(c) include a provision that makes payments conditional on compliance 
19 
by the contractor and all subcontractors with this Act and all other 
20 
applicable laws, rules, and standards; and 
2i 
(d) require financial controls and auditing procedures. 
22 
(4) 
Joint local mental health authority mental health agreements - In 
23 
order to provide efficiently the services required by this Act, local mental health 
24 
authorities are encouraged to join with one or more local mental heaith authority boards 
25 
to establish or enter multi-local mental health agreements. Participating local mental 
26 
health authority boards shall establi~h acceptable ways of apportioning the cost of the 
27 
sefYlces. 
28 
(5) 
Local advisory conncil - The local mental health authority board, 
29 
individually or in cOl1iunction with other local mental health authority boards, shall 
30 
establish a local adult mental heaith advisory councilor mental health subcommittee of 
31 
an existing advisory council. The council's members must reflect a broad range of 
32 
community interests. They must include at least one consumer, one family member of an 
33 
adult with mental inness, one mental heaith professional, and one community support 
34 
services program representative. The local adult mental health advisory councilor mental 
35 
health subcommittee of an existing advisory council shall meet at least quarterly to 
14 


· " 
1 
review, evaluate, and make recommendations regarding the local mental health system, 
2 
Annually, the local adult mental health advisory councilor mental health subcommittee 
3 
of an existing advisory council shaH: 
4 
(a) arrange for input from the regional treatment center's mental illness 
5 
program unit regarding coordination of care between the regional 
6 
treatment center and community-based services; 
7 
(b) identify for the county board the individuals, providers, agencies, and 
8 
associations as specified in section 3 paragraph 9; 
9 
(c) provide to the county board a report of unmet mental heaith needs of 
10 
adults residing in the county to be included in the county's mental 
11 
health plan, and participate in developing the mental health plan; and 
12 
(d) coordinate its review, evaluation, and recommendations regarding the 
13 
local mental health system with the state advisory council on mental 
14 
health, 
15 
The county board shaH consider the advice of its local mentai heaith 
16 
advisory council or mental health subcommittee of an existing advisory council in 
17 
carrying out its authorities and responsibilities, 
i8 
(6) 
Other iocai authority - The local mental heaith authority board may 
19 
establish procedures and policies that are not contrary to those of the DOH or this Act 
20 
regarding local adult mental health services and facilities, The county board shall perform 
2 j 
other acts necessary to carry out the provisions of this Act. 
22 
(7) 
IMD downsizing flexibility - If a local mental health authority presents 
23 
a budget-neutral plan for a net reduction in the number of institution for mental disease 
24 
(IMO) beds funded under group residential housing, the commissioner may transfer the 
25 
net savings from group residential housing and general assistance medical care to medical 
26 
assistance and mental health grants to provide appropriate services in non-IMD settings, 
27 
For the purposes of this subdivision, "a budget neutral plan" means a plan that does not 
28 
increase the state share of costs. 
29 
30 
SEC. 8. Quality of Services. - , 
31 
(1) 
Criteria - Mental health services required by this chapter must be: 
32 
(a) based, when feasible, on research findings; 
33 
(b) based on individual ciinicai needs, cultural and ethnic needs, and 
34 
other special needs of individuals being served; 
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(2) 
( c) provided in the most appropriate, least restrictive setting available to 
the local mental health authority; 
(d) accessible to aU age groups; 
(e) delivered in a manner that provides accountability; 
(f) provided by qualified individuals as required in this chapter; 
(g) coordinated with mental health services offered by other providers; 
and 
(h) provided under conditions which protect the rights and dignity of the 
individuals being served. 
Diagnostic assessment - All providers of residential, acute care hospital 
11 
inpatient, and regional treatment centers must complete a diagnostic assessment for each 
12 
of their clients within five days of admission. Providers of outpatient and day treatment 
13 
services must complete a diagnostic assessment within five days after the adult's second 
14 
visit or within 30 days after intake, whichever occurs first. In cases where a diagnostic 
15 
assessment is available and has been completed within 180 days preceding admission, 
16 
only updating is necessary. "Updating" means a written summary by a mental health 
17 
professional of the adult's current mental health status and service needs. If the adult's 
18 
mental health status has changed markedly since the aduit's most recent diagnostic 
19 
assessment, a new diagnostic assessment is required. 
20 
(3) 
Individual treatment plans - All providers of outpatient services, day 
2 I 
treatment services, residential treatment, acute care hospital inpatient treatment, and ail 
22 
regional treatment centers must develop an individual treatment plan for each of their 
23 
adult clients. The individual treatment plan must be based on a diagnostic assessment. To 
24 
the extent possible, the adult client shall be involved in aU phases of developing and 
25 
implementing the individual treatment plan. Providers of residential treatment and acute 
26 
care hospital inpatient treatment, and all regional treatment centers must develop the 
27 
individual treatment plan ,vithin ten days of client intake and must review the individual 
28 
treatment plan every 90 days after intake. Providers of day treatment services must 
29 
develop the individual treatment plan before the completion of five working days in 
30 
which service is provided or within 30 days after the diagnostic assessment is completed 
31 
or obtained, whichever occurs first. Providers of outpatient services must develop the 
32 
individual treatment plan within 30 days after the diagnostic assessment is completed or 
33 
obtained or by the end of the second session of an outpatient service, not including the 
34 
session in which the diagnostic assessment was provided, whichever occurs first. 
16 


I 
Outpatient and day treatment services providers must review the individual treatment 
2 
plan every 90 days after intake. 
3 
(4) 
Referrai for case management - Each provider of emergency services, 
4 
day treatment services, outpatient treatment, community support services, residential 
5 
treatment, acute care hospital inpatient treatment, or regional treatment center inpatient 
6 
treatment must inform each of its dients with serious and persistent mental iHness of the 
7 
availability and potential benefits to the client of case management. If the client consents, 
8 
the provider must refer the client by notifying the county employee designated by the 
9 
county board to coordinate case management activities of the dient's name and address 
10 
and by infotrning the client of whom to contact to request case management. The 
II 
provider must document compliance with this subdivision in the client's record. 
12 
(5) 
Information for hiiiing - Each provider of outpatient treatment, 
13 
community support services, day treatment services, emergency services, residential 
14 
treatment, or acute care hospital inpatient treatment must include the name and home 
15 
address of each client for whom services are included on a biH submitted to a county, if 
16 
the client has consented to the release of that infotrnation and if the county requests the 
17 
infotrnation. Each provider shall attempt to obtain each client's consent and must explain 
18 
to the client that the information can only be released with the client's consent and may 
19 
be used only for purposes of payment and maintaining provider accountability. The 
20 
provider shall document the attempt in the client's record. 
21 
(6) 
Restricted access to data - The local mental health board shaH establish 
22 
procedures to ensure that the names and addresses of persons receiving mental health 
23 
services are disclosed only to: 
24 
(a) local mental heaith employees who are specificaiiy responsible for 
25 
determining the local financial responsibility or making payments to 
26 
providers; and 
27 
(b) staff who provide treatment services or case management and their 
28 
clinical supervisors. 
29 
Release of mental health data on individuals other than those specified in 
30 
this subdivision, or use of this data for purposes other than those stated above may 
31 
result in civil or criminal liability under this Act. 
32 
33 
SEC. 9. Education and Prevention Sen-lees. - By January 1,2010, local mental 
34 
health boards must provide or contract for education and prevention services to adults 
35 
residing in the locality. Education and prevention services must be designed to: 
17 


1 
(1) convey information regarding mental illness and treatment resources 
2 
to the general public' and special high-risk target groups; 
3 
(2) increase understanding and acceptance of problems associated with 
4 
mental illness; 
5 
(3) improve people's skills in dealing with high-risk situations known to 
6 
have an impact on adults' mental health functioning; 
7 
(4) prevent development or deepening of mental illness; and 
8 
(5) refer adults with additional mental health needs to appropriate mental 
9 
heaith services. 
10 
11 
SEC. 10. Emergency Services. -
12 
(1) 
A,'aiiability of emergency services - By January i, 2010, local mental 
13 
health boards must provide or contract for enough emergency services within the locality 
14 
to meet the needs of adults in their locality who are experiencing an emotional crisis or 
15 
mental illness. Clients may be required to pay a fee according to section 17 of this Act. 
16 
Emergency services must include assessment, crisis intervention, and appropriate case 
17 
disposition. Emergency services must: 
18 
(a) promote the safety and emotional stability of adults with mental 
19 
20 
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22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
illness or emotional crises; 
(b) minimize further deterioration of adults with mental illness or 
emotional crises; 
(c) help adults with mental illness or emotional crises to obtain ongoing 
care and treatment; and 
(d) prevent placement in settings that are more intensive, costiy, or 
restrictive than necessary and appropriate to meet client needs. 
(2) 
Specific requirements -
(a) The local heaith board shaH require that ail service providers of 
emergency services to adults with mental illness provide immediate 
direct access to a mental health professional during regular business 
hours. For evenings, weekends, and holidays, the service may be by 
direct toll free telephone access to a mental health professional, a 
mental health practitioner, or a designated person with training in 
human services who receives clinicai supervision from a mental 
health professional. 
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34 
(b) The DOH Secretary may waive the requirement in paragraph (a) that 
the evening, weekend, and holiday service be provided by a mental 
health professional or mental health practitioner if the local mental 
health authority doclfments that: 
(i) mental health professionals or mental health practitioners are 
unavailable to provide this service; 
(ii) services are provided by a designated person with training in 
human services who receives clinical supervision from a mental 
health professional; and 
(iii) the service provider is not also the provider of fire and public 
safety emergency services. 
(c) The DOH Secretary may waive the requirement in paragraph (b), 
clause (iii), that the evening, weekend, and holiday servic~ not be 
provided by the provider of fire and public safety emergency services 
if: 
(i) every person who will be providing the first telephone contact 
has received at least eight hours of training on emergency 
mental health services reviewed by the local mental health 
advisory council on mental health and then approved by the 
DOH Secretary; 
(ii) every person who wiii be providing the first telephone contact 
will annually receive at least four hours of continued training on 
emergency mental health services reviewed by the local mental 
health advisory council on mental health and then approved by 
the DOH; 
(iii) the local social service agency has provided public education 
about available emergency mental health services and can 
assure potential users of emergency services that their calls will 
be handled appropriately; 
(iv) the local social service agency agrees to provide the DOH with 
accurate data on the number of emergency mental health service 
calls received; 
(v) the local social service agency agrees to monitor the frequency 
and quality of emergency services; and 
19 


· 
, 
I 
(vi) the local social service agency describes how it will comply 
2 
with paragraph (iv), 
3 
(d) Whenever emergency service during non-business hours is provided 
4 
by anyone other than a mental health professional, a mental health 
5 
professional must be available on call for an emergency assessment 
6 
and crisis intervention services, and must be available for at least 
7 
telephone consultation within 30 minutes, 
8 
9 
SEC. Ii. Outpatient Services.-
10 
(1) 
Availability of outpatient services. 
II 
(a) Local mental health boards must provide or contract for enough 
12 
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16 
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20 
21 
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26 
27 
28 
29 
30 
31 
32 
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34 
outpatient services within the locality to meet the needs of aduits 
with mental illness r'esiding in that locality, Services may be provided 
directly by the local mental health authority through locally-operated 
mental health center,s or mental health ciinics approved by the DOH 
Secretary under section 10; by contract with privately operated 
mental health centers or mental health clinics approved by the DOH 
Secretary under section 10; by contract with hospital mental heaith 
outpatient programs; or by contract with a licensed mental health 
professional as defined in section 3, Clients may be required to pay a 
fee according to section 17. Outpatient services inciude: 
(i) conducting diagnostic assessments; 
(ii) conducting psychological testing; 
(iii) developing or modifying individual treatment plans; 
(iv) making referrals and recommending placements as appropriate; 
(v) treating an adult's mental health needs through therapy; 
(vi) prescribing and managing medication and evaluating the 
effectiveness of prescribed medication; and 
(vii) preventing placement in settings that are more intensive, 
costly, or restrictive than necessary and appropriate to meet 
client needs, 
(b) Local mental health boards may request a waiver allowing outpatient 
services to be provided in a nearby trade area if it is determined that 
the client can best be served outside the locality, 
20 


• 
I 
(2) 
Specific requirements - The local mental health board shall require that 
2 
all service providers of outpatient services: 
3 
(a) meet the professionai qualifications contained of this Act; 
4 
(b) use a multidisciplinary mental health professional staff including at a 
5 
minimum, arrangements for 
psychiatric consultation, licensed 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
psychoiogist consultation, and other necessary muitidisciplinary 
mental health professionals; 
(c) develop individual treatment plans; 
(d) provide initial appointments within three weeks, except 
III 
emergencies where there must be immediate access as described in 
section 10; and 
(e) establish fee schedules approved by the local mental heaith board that 
are based on a client's ability to pay. 
SEC. 12. Residentiai Treatment Services. -
(1) 
Availability of residential treatment services - By January I, 2010, 
17 
local mental health boards must provide or contract for enough residential treatment 
18 
services to meet the needs of ali adults with mentai iiiness residing in the locaiity and 
19 
needing this level of care. Residential treatment services include both intensive and 
20 
structured residential treatment with length of stay based on client residential treatment 
2 I 
need. Services must be as close to the locality as possible. Residential treatment must be 
22 
designed to: 
23 
(a) prevent placement in settings that are more intensive, costly, or 
24 
restrictive than necessary and appropriate to meet client needs; 
25 
(b) help clients achieve the highest level of independent living; 
26 
(c) help clients gain the, necessary skills to function in a less structured 
27 
setting; and 
28 
(d) stabilize crisis admissions. 
29 
(2) 
Specific requirements - Providers of residential services must be 
30 
licensed under applicable rules adopted by the DOH Secretary and other concerned 
31 
agencies, and must be clinically supervised by a mental health professional. 
32 
(3) 
Transition to community - Residential treatment programs must plan 
33 
for and assist clients in making a transition from residentiai treatment faciiities to other 
34 
community-based services. In coordination with the client's case manager, if any, 
35 
residential treatment facilities must .also arrange for appropriate follow-up care in the 
21 


· 
, 
1 
community during the transition period. Before a client is discharged, the residential 
2 
treatment facility must notify the client's case manager, so that the case manager can 
3 
monitor and coordinate the transition and arrangements for the client's appropriate 
4 
follow-up care in the community. 
5 
(4) 
Admission, continued stay, and discharge criteria - No later than 
6 
January 1, 2011, the local mental health board shall ensure that placement decisions for 
7 
residential services are based on the clinical needs of the adult. The local mental health 
8 
board shall ensure that each entity under contract with the locality to provide residential 
9 
treatment services has admission, continued stay, discharge criteria and discharge 
10 
planning criteria as part of the contract. Contracts shall specify specific responsibilities 
11 
between the county and service providers to ensure comprehensive planning and 
12 
continuity of care between needed services according to data privacy requirements. All 
13 
contracts for the provision of residential services must include provisions guaranteeing 
14 
clients the right to appeal under section 16 and to be advised of their appeal rights. 
15 
16 
SEC. 13. Acute Care Hospital Inpatient Services. -
17 
(1) 
Availability of acute care inpatient services - By January 1,2010, 
18 
local mental health boards must make available through contract or direct provision 
19 
enough acute care hospital inpatient treatment services as close to the locality as possible 
20 
for adults with mental illness residing in that locality. Acute care hospital inpatient 
21 
treatment services must be designed to: 
22 
(a) stabilize the medIcal and mental health condition for which 
23 
admission is required; 
24 
(b) improve functioning to the point where discharge to residential 
25 
treatment or community-based mental health services is possible; and 
26 
(c) facilitate appropriate referrals for follow-up mental health care in the 
27 
community. 
28 
(2) 
Specific requiremeuts - Providers of acute care hospital inpatient 
29 
services must meet applicable standards established by the commissioners of health and 
30 
human services. 
31 
(3) 
Admission, continued stay, and discharge criteria - No later than 
32 
January 1, 2011, the county board shall ensure that placement decisions for acute care 
33 
inpatient services are based on the clinical needs of the adult. The county board shall 
34 
ensure that each entity under contract with the county to provide acute care hospital 
35 
treatment services has admission, continued stay, discharge criteria and discharge 
22 


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2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
planning criteria as part of the contract. Contracts shall specify specific responsibilities 
between the county and service providers to ensure comprehensive planning and 
continuity of care between needed services according to data privacy requirements. All 
contracts for the provision of acute care hospital inpatient treatment services must include 
provisions guaranteeing clients the right to appeal under section 16 and to be advised of 
their appeal rights. 
(4) 
Individual placement agreement - The local mental health board shall 
enter into an individual placement agreement with a provider of acute care hospital 
inpatient treatment services to an adult eligible for services under this section. The 
agreement must specify the payment rate and the terms and conditions of local mental 
health authority payment for the placement. 
13 
SEC. 14. - Regional Treatment Center Inpatient Services. -
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(1) 
Availability of regional treatment center inpatient services - By 
January 1, 2011, the commissioner shall make sufficient regional treatment center 
inpatient services available to adults with mental illness throughout the country who need 
this level of care. Inpatient services may be provided either on the regional treatment 
center campus or at any local facility. Services must be as close to the patient's locality of 
residence as possible. Regional treatment centers are responsible to: 
(a) provide acute care inpatient hospitalization; 
(b) stabilize the medical and mental health condition of the adult 
requiring the admission; 
(c) improve functioning to the point where discharge to community-
based mental health services is possible; 
(d) strengthen family and community support; and 
(e) facilitate appropriate discharge and referrals for follow-up mental 
health care in the community. 
(2) 
Quality of service - The DOH Secretary with the help of other concerned 
agencies shall biennially determine the needs of all adults with mental illness who are 
served by regional treatment centers or at any local facility or program by administering a 
client-based evaluation system. The client-based evaluation system must include at least 
the following independent measurements: 
behavioral 
development assessment; 
habilitation program assessment; medical needs assessment; maladaptive behavioral 
assessment; and vocational behavior assessment. The DOH Secretary shall propose staff 
ratios to the legislature for the mental health and support units in regional treatment 
23 


1 
centers as indicated by the results of the client-based evaluation system and the types of 
2 
locally-operated services needed. The proposed staffing ratios shall include professional, 
3 
nursing, direct care, medical, clerical, and support staff based on the client-based 
4 
evaluation system. The DOH Secretary and other concerned agencies shall re-compute 
5 
staffing ratios and recommendations on a biennial basis. 
6 
(3) 
Transition to community - Regional treatment centers must plan for 
7 
and assist clients in making a transition from regional treatment centers and other 
8 
inpatient facilities or programs to other community-based services. In coordination with 
, 
9 
the client's case manager, if any, regional treatment centers must also arrange for 
10 
appropriate follow-up care in the community during the transition period. Before a client 
11 
is discharged, the regional treatment center must notifY the client's case manager, so that 
12 
the case manager can monitor and coordinate the transition and arrangements for the 
13 
client's appropriate follow-up care in the community. 
14 
(4) 
Staff safety training - The DOH Secretary shall require all staff in 
15 
mental health and support units at regional treatment centers who have contact with 
16 
persons with mental illness or severe emotional disturbance to be appropriately trained in 
17 
violence reduction and violence prevention and shall establish criteria for such training. 
18 
Training programs shall be developed with input from consumer advocacy organizations 
19 
and shall employ violence prevention techniques as preferable to physical interaction. 
20 
21 
SEC. 15. Screening for Inpatient and Residential Treatment. - The DOH 
22 
Secretary shall review the statutory preadmission screening requirements for 
23 
psychiatric hospitalization, both in the regional treatment centers and other 
24 
hospitals, to determine if changes in preadmission screening are needed. The 
25 
commissioner shall deliver a report of the review to the legislature by January 31, 
26 
2012. 
27 
28 
SEC. 16. Appeals. - Any adult who requests mental health services under 
29 
this Act must be advised of services available and the right to appeal at the time of 
30 
the request and each time the individual community support plan or individual 
31 
treatment plan is reviewed. Any .adult whose request for mental health services 
32 
under this Act is denied, not acted upon with reasonable promptness, or whose 
33 
services are suspended, reduced, or terminated by action or inaction for which the 
34 
local mental health board is respo:nsible under this Act may contest that action or 
24 


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" 
1 
SEC. 17. Fees for Mental Health Services. - A client or, in the case of a child, 
2 
the child or the child's parent may be required to pay a fee for mental health 
3 
services provided under this Act. The fee must be based on the person's ability to 
4 
pay according to the fee schedule adopted by the local mental health board. In 
5 
adopting the fee schedule for mental health services, the local mental health board 
6 
may adopt the fee schedule provided by the DOH Secretary or adopt a fee schedule 
7 
recommended by the local mental health board and approved by the DOH 
8 
Secretary. Agencies or individuals under contract with a local mental health board 
9 
to provide mental health services under this Act must not charge clients whose 
10 
mental health services are paid wholly or in part from public funds fees which 
11 
exceed the local mental health board's adopted fee schedule. 
12 
13 
SEC. 18. Reporting and Evaluation. -
14 
(1) 
Reports - The DOH Secretary shall specity requirements for reports, 
15 
including quarterly fiscal reports. 
16 
(2) 
Fiscal reports - The DOH Secretary shall develop a unified format for 
17 
quarterly fiscal reports that will include information that the DOH Secretary determines 
18 
necessary to carry out this Act. The: local mental health board shaH submit a completed 
19 
fiscal report in the required format no later than 30 days after the end of each quarter. 
20 
(3) 
Program reports - The DOH Secretary shall develop unified formats for 
21 
reporting, which wiil include information that the DOH Secretary determines necessary 
22 
to carry out the provisions of this Act. The local mental health board shall submit 
23 
completed program reports in the required format according to the reporting schedule 
24 
developed by the DOH Secretary. 
25 
(4) 
Provider reports - The DOH Secretary may develop formats and 
26 
procedures for direct reporting from providers to the DOH Secretary to include 
27 
information that the Secretary determines necessary to carry out the provisions of this 
28 
Act. In particular, the provider reports must include aggregate information by local 
29 
mental health authorities of residence about mental health services paid for by funding 
30 
sources other than that of the local mental health authorities. 
31 
(5) 
DOH Secretary's consolidated reporting recommendations - The 
32 
Secretary's reports required under this Act shall include recommended measures to 
33 
provide coordinated, interdepartmental efforts to ensure early identification and 
34 
intervention for children with, or at risk of developing, emotional disturbance, to improve 
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35 
the efficiency of the mental health funding mechanisms, and to standardize and 
consolidate fiscal and program reporting. The recommended measures must provide that 
client needs are met in an eftective and accountable manner and that the local 
government resources are used as et1lciently as possible. 
(6) 
Inaccurate or inco~plete reports - The DOH Secretary shall promptly 
notiiY a local mental health authority or provider if a required report is clearly inaccurate 
or incomplete. The Secretary may delay all or part of a mental health fund payment if an 
appropriately completed report is not received as required by this section. 
(7) 
Statewide evaluation - The DOH Secreta!)' shaH use the local mental 
health and provider reports required, by this section to complete the nationwide report 
required in this Act. 
SEC. 19. Termination or Retilrn of an Allocation. -
(1) 
Funds not properly used - If the commissioner determines that a local 
mental health authority is not meeting the requirements of this Act, Of that funds are not 
being used according to the approved mental health plan, all or part of the mental health 
funds may be terminated upon 30 days' notice to the local mental health board. The DOH 
Secretary may require repayment of any funds not used according to the approved mental 
health plan. The 30-day period begins when the local mental health board receives the 
DOH Secretary's notice by certified mail. 
(2) 
Use of returned funds - The DOH Secreta!)' may reailocate the funds 
returned. 
(3) 
Delayed payments - If the DOH Secretary finds that a local mental 
health board or its contractors are not in compliance with the approved mental health plan 
or sections of this Act, the Secretary may delay payment of all or part of the quarterly 
mental health funds until the local mental health board and its contractors meet the 
requirements. The Secreta!)' shail nqt delay a payment longer than three months without 
tirst issuing a notice under paragraph 2 that all or part of the allocation will be terminated 
or required to be repaid. After this notice is issued, the commissioner may continue to 
delay the payment until completion dfthe requirements specified in paragraph 2. 
(4) 
State assumption of responsibility - If the DOH Secretary determines 
that services required by sections of this Act will not be provided by the local mental 
heaith authority in the manner or to the extent required by the provisions of this Act, the 
Secretary shall contract directly with providers to ensure that clients receive appropriate 
services. In this case, the Secretary shall use the local mental health authority'S mental 
26 


1 
Secretary shall contract directly with providers to ensure that clients receive appropriate 
2 
services. In this case, the Secretary shall use the local mental health authority's mental 
3 
health funds to the extent necessary to carry out the local mental health authority'S 
4 
responsibilities under this Act. The Secretary shall work with the local mental health 
5 
board to allow for a return of authority and responsibility to the local mental health board 
6 
as soon as compliance with this Act can be assured. 
7 
8 
SEC. 20. Implementing Rules and Regulations - The Department of Health, the 
9 
Depmtment of Interior and Local Government, and other agencies concerned with mental 
10 
health, shall jointly formulate the necessary rules and regulations for the effective 
II 
implementation of this Act. 
12 
13 
SEC. 21. Report. - By July 15,2011, or six (6) months after the Implementing 
14 
Rules and Regulations of this Act was adopted, and armually after, DOH Secretary shall 
15 
report to the legislature on all steps taken and recommendations for full implementation 
16 
of this Act and on additional resources needed to further implement those sections. 
17 
18 
SEC. 22. Housing for Adult Mental Health Patients. - The government shall 
19 
ensure that the housing services provided as part of a comprehensive mental health 
20 
service system: 
21 
(1) allow all persons with me~tal illness to live in stable, affordable housing, in 
22 
settings that maximize community integration and opportunities for acceptance; 
23 
(2) allow persons with mental illness to actively participate in the selection of 
24 
their housing from those living environments available to the general public; and, 
25 
(3) provide necessary support regardless of where persons with mental illness 
26 
choose to live. 
27 
28 
SEC. 23. Appropriation. - The amount necessary for the implementation of this 
29 
Act shall be charged against the appropriations of the DOH and shall be included in the 
30 
General Appropriations Act hereinafter. 
31 
32 
SEC. 24. Separability Clause. - If any provisions or part hereof, is held invalid 
33 
or unconstitutional, the remainder of the law of the provision not otherwise affected shall 
34 
remain valid and subsisting. 
27 


, 
1 
SEC. 25. Repealing Clause. - All laws, decrees, executive orders, rules and 
2 
regulations inconsistent with this Act, are hereby repealed, amended or modified 
:} 
accordingly. 
4 
5 
SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (IS) days 
6 
following its complete publication in the Official Gazette or in two (2) national 
7 
newspapers of general circulation. 
Approved, 
28