Reference For Mental Health Ordinance

References:
1. Philippine Constitution
2. REPUBLIC ACT No. 11036. An Act Establishing a National Mental Health Policy
for the Purpose of Enhancing the Delivery of Integrated Mental Health Services,
Promoting and Protecting the Rights of Persons Utilizing Psychosocial Health
Services, Appropriating Funds Therefor and Other Purposes;
3. Section 37. Duties and Responsibilities of the Local Government Units (LGUs). - The LGUs
shall: (a) Review, formulate, and develop the regulations and guidelines necessary to
implement an effective mental health care and wellness policy within the territorial jurisdiction
of each LGU, including the passage of a local ordinance on the subject of mental health,
consistent with existing relevant national policies and guidelines;
4. Republic Act No 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002
5. Section 28. Research and Development. - Research and development shall be undertaken,
in collaboration with academic institutions, psychiatric, neurologic, and related associations,
and nongovernment organizations, to produce the information, data, and evidence
necessary to formulate and develop a culturally relevant national mental health program
incorporating indigenous concepts and practices related to metal health.
6. CHAPTER IX. MENTAL HEALTH FOR DRUG DEPENDENTS. Section 43. Voluntary
Submission of a Drug Dependent to Confinement, treatment and Rehabilitation. - Persons
who avail of the voluntary submission provision and persons charged pursuant to Republic
Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", shall
undergo an examination for mental health conditions and. if found to have mental health
conditions, shall be covered by the provision of this Act.
7. Section 44. Penalty Clause. - Any person who commits any of the following acts shall, upon
conviction by final judgment, be punished by imprisonment of not less than six (6) months,
but not more than two (2) years, or a fine of not less than Ten thousand pesos (P10,000.00),
but not more than Two hundred thousand pesos (P200,000.00), or both, at the discretion of
the court:
(a) Failure to secure informed consent of the service user, unless it falls under the
exceptions provided under Section 18 of this Act;
(b) Violation of confidentiality of information, as defined under Section 4(c) of this Act;
(c) Discrimination against a person with mental-health condition, as defined under Section
4(e) of this Act; and
(d) Administering inhumane, cruel, degrading or harmful treatment not based on medical or
scientific evidence as indicated in Section 5(h) of this Act;
If the violation is committed by a juridical person, the penalty provided for in this Act shall be
imposed the directors, officers, employees or other officials or persons therein responsible
for the offense.
If the violation is committed by an alien, the alien offender shall be immediately deported
after service of sentence without need of further proceedings.
These penalties shall be without prejudice to the administrative or civil liability of the
offender, or the facility where such violation occurred.
8. Section 18. Psychiatric, Psychosocial, and Neurologic Services in Regional, Provincial, and
Tertiary Hospitals. - All regional, provincial, and tertiary hospitals, including private hospitals
rendering service to paying patients, shall provide the following psychiatric, psychosocial,
and neurologic services;
(a) Short-term, in-patient, hospital care in a small psychiatric or neurologic ward for service
users exhibiting acute psychiatric or neurologic symptoms;
(b) Partial hospital care for those exhibiting psychiatric symptoms or experiencing
difficulties vis-à-vis their personal and family circumstances;
(c) Out-patient in close collaboration with existing mental health programs at primary health
care centers in the same area;
(d) Home care services for services users with special needs as a result of, among others,
long-term hospitalization, noncompliances with or inadequacy of treatment, and absence of
immediate family;
(e) Coordination with drug rehabilitation center vis-a-vis the care, treatment, and
rehabilitation of persons suffering from addiction and other substance-induced mental health
conditions; and
(f) A referral system involving other public and private health and social welfare service
providers, for the purpose of expanding access to programs aimed at preventing mental
illness and managing the condition of persons at risk of developing mental, neurologic, and
psychosocial problems.
9.

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