Mental Health Act

Republic Act No. 11036

Summary of Republic Act No. 11036 (Mental Health Act)

Short Title and Declaration of Policy (Sections 1-2)
- The Act shall be known as the "Mental Health Act".
- The State affirms the basic right of all Filipinos to mental health and the rights of persons requiring mental health services.
- The State commits to promoting well-being by ensuring mental health is valued, conditions are treated and prevented, timely and affordable mental health care is available, services are free from coercion and accountable, and persons with mental health conditions can exercise rights and participate fully in society without stigma or discrimination.

Objectives (Section 3)
- Strengthen leadership and governance for mental health.
- Develop a comprehensive, integrated, effective, and efficient national mental health care system.
- Protect the rights and freedoms of persons with psychiatric, neurologic, and psychosocial needs.
- Strengthen information systems, evidence and research for mental health.
- Integrate mental health care in basic health services.
- Integrate strategies promoting mental health in educational institutions, the workplace, and communities.

Definitions (Section 4)
- Defines terms such as addiction, carer, confidentiality, deinstitutionalization, discrimination, drug rehabilitation, impairment or temporary loss of decision-making capacity, informed consent, legal representative, mental health, mental health condition, mental health facility, mental health professional, mental health service provider, mental health services, mental health worker, psychiatric or neurologic emergency, psychosocial problem, recovery-based approach, service user, and supported decision making.

Rights of Service Users and Other Stakeholders (Sections 5-7)
- Service users have rights such as freedom from discrimination, access to evidence-based treatment, affordable health services, mental health services at all levels, humane treatment, confidentiality, informed consent, participation in treatment planning, legal representation, supported decision making, and filing complaints (Section 5).
- Family members, carers, and legal representatives have rights such as receiving psychosocial support, participating in treatment planning, applying for release or transfer, and participating in advocacy (Section 6).
- Mental health professionals have rights such as a safe work environment, professional development, participation in planning and policy development, managing their practice, and advocating for service users (Section 7).

Treatment and Consent (Sections 8-12)
- Service users must provide informed consent for treatment, with presumption of legal capacity (Section 8).
- Service users can set preferences through advance directives (Section 9).
- Service users can designate legal representatives (Section 10).
- Service users can designate supporters for supported decision making (Section 11).
- Health facilities must establish internal review boards to review cases involving treatment, restraint or confinement of service users (Section 12).

Exceptions to Informed Consent (Section 13)
- During psychiatric or neurologic emergencies, or when there is impairment or temporary loss of decision-making capacity, treatment or restraint may be administered under certain safeguards and conditions.

Mental Health Services (Sections 14-22)
- Mental health services must be based on research, responsive to needs, appropriate, age-appropriate, and provided by accountable professionals (Section 14).
- Primary mental health services shall be integrated into basic health services at local levels (Section 15).
- The national government shall fund and assist in operating community-based mental health care facilities (Section 16).
- LGUs shall report data on mental health services quarterly (Section 17).
- Regional, provincial, and tertiary hospitals shall provide psychiatric, psychosocial, and neurologic services (Section 18).
- Duties and responsibilities of mental health facilities (Section 19).
- Local health care facilities must be capable of conducting drug screening (Section 20).
- Mental health services shall include suicide prevention mechanisms (Section 21).
- The DOH and LGUs shall initiate public awareness campaigns on mental health (Section 22).

Education, Promotion of Mental Health in Educational Institutions and Workplace (Sections 23-25)
- Mental health shall be integrated into the educational curriculum at all levels, and psychiatry and neurology shall be required subjects in medical and allied health courses (Section 23).
- Educational institutions shall develop policies and programs to raise awareness, identify and support individuals at risk, and facilitate access to treatment (Section 24).
- Employers shall develop policies and programs to raise awareness, address stigma, identify and support individuals at risk, and facilitate access to treatment (Section 25).

Capacity Building, Research and Development (Sections 26-29)
- Mental health professionals, workers, and service providers shall undergo capacity building, reorientation, and training (Section 26).
- The DOH shall be responsible for training barangay health workers on mental health promotion (Section 27).
- Research and development shall be undertaken to produce information and evidence for a culturally-relevant national mental health program (Section 28).
- The National Center for Mental Health shall expand its capacity for research and development (Section 29).

Duties and Responsibilities of Government Agencies (Sections 30-38)
- Outlines the duties and responsibilities of the DOH, CHR, DepED, CHED, TESDA, DOLE, CSC, DSWD, and LGUs in implementing the Act.

The Philippine Council for Mental Health (Sections 39-42)
- Establishes the Philippine Council for Mental Health as a policy-making, planning, coordinating and advisory body to oversee the implementation of the Act (Section 39).
- Outlines the duties and functions of the Council (Section 40).
- Specifies the composition of the Council (Section 41).
- Mandates the creation of a Mental Health Division in the DOH to serve as the secretariat of the Council (Section 42).

Mental Health for Drug Dependents (Section 43)
- Persons who voluntarily submit or are charged under the Comprehensive Dangerous Drugs Act shall undergo examination for mental health conditions and be covered by the provisions of this Act.

Miscellaneous Provisions (Sections 44-49)
- Specifies penalties for violations such as failure to secure informed consent, violation of confidentiality, discrimination, and administering inhumane treatment (Section 44).
- Appropriates funds for initial implementation from the 2018 DOH budget, and subsequent funding based on the strategic plan formulated by the Council (Section 45).
- Mandates the issuance of implementing rules and regulations within 120 days from effectivity (Section 46).
- Includes separability and repealing clauses (Sections 47-48).
- Specifies the effectivity date as 15 days after publication in the Official Gazette or newspapers (Section 49).