Duterte inks mental health law

PRESIDENT Rodrigo Duterte has signed into law a measure providing a national mental health service in a bid to protect the rights and freedom of persons with psychiatric, neurologic, and psychological health needs.

Republic Act (RA) 11036, signed on June 20, seeks to develop and establish a "comprehensive, integrated, effective, and efficient" national mental health care system responsive to Filipinos' pshychiatric, neurologic, and psychological needs.

"The state affirms the basic rights of all Filipinos to mental health as well as the fundamental rights of people who require mental health services," the newly-signed law states.

The law creates the Philippine Council for Mental Health as the policy-making body attached to the Department of Health (DOH) to oversee the implementation of the law and develop and periodically update a national multi-sectoral strategic plan for mental health.

The council will be chaired by the Health Secretary. Members include Education, Labor, and Local Government secretaries; chairpersons of the Commission on Human Rights (CHR) and Commission on Higher Education; and one representative each from the academe, health, and nongovernment organizations.

To provide appropriate mental health care services and enhance the rights-based approach to mental health care, the DOH is delegated to fund the establishment and assist in the operation of community-based mental health care facilities in the provinces, cities and cluster of municipalities in the entire country.

The DOH is also tasked to determine the standards of mental health services at the community level.

The law provides that each community-based mental health care facility shall have a complement of mental health progessionals, allied professionals, support staff, trained village health workers, family members of patients or service users, basic equipments and supplies, and adequate stock of medicines appropriate at that level.

The law further states that mental health services shall also include mechanisms for suicide intervention, prevention, and response strategies, with particular attention to the youth's concerns.

RA 11036 also mandates the integration of mental health into the educational system.

Every local government unit and academic institution are delegated to create their own program in accordance with the general guidelines set by the Philippine Council for Mental Health Care.

Education facilities, such as schools, colleges, universities, and technical schools, are required to develop policies and programs for students, educators, and other employees designed to raise awareness of mental health issues.

They are also designated to identify and provide support and services for individuals at risk, as well as to facilitiate access, including referral mechanisms of individuals with mental health conditions to treatment and psychological support.

To promote mental health in the workplace, employers are instructed to develop policies and programs on mental health; raise awareness on mental health issues; correct the stigma and discrimination associated with mental health conditions; provide support for individuals at risk; and facilitate of access to treatment and psychosocial support.

The Labor department and the Civil Service Commission are also directed to develop guidelines on appropriate and evidence-based mental health programs for the work place.

The mental health law also tasks the CHR to establish mechanisms to address complaints of impropriety and abuse in the treatment and care; inspect mental health facilities; and investigate involuntary treatment.

Any individual who will violate the Mental Health Act may face imprisonment of not less than six months but not more than two years, or pay a fine of not less than P10,000 but not more than P200,000. (SunStar Philippines)

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