State Universities and Colleges Mental Health Services Act

SBN-505 · 20th Congress · verbatim text↗ Official Senate PDF

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL 14 A11:12 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT STRENGTHENING THE MENTAL HEALTH SERVICES OF STATE UNIVERSITIES AND COLLEGES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Mental health and wellness, given its impact on academic success and personal development, have become one of the critical issues in the education sector today. Failure to timely detect mental health concerns and implement necessary interventions can adversely affect not only academic achievements and personal well-being, but at times could come at the cost of one's life. While many educational institutions, particularly state universities and colleges (SUCs), have begun to take steps toward supporting mental health and wellness through interventions such as counseling services and peer support initiatives, there remains a need for structure by which effective and accessible mental health intervention can be delivered, especially within public education institutions. This bill seeks to address this concern by requiring all SUCs to establish a Mental Health Office. The office shall be responsible for implementing mental health programs and projects, including the establishment and operation of a 24/7 Mental Health Hotline, among others. To ensure the recruitment and retention of competent and trained mental health professional, the bill require all SUC Mental Health Office to comply with relevant laws, including Republic Act Nos. 7305, 9258, 10029, 10912, and 11036; and to engage in other work arrangements such as contract-of-service or part- time employment when so required. It also directs the government to provide competitive remuneration and salary progression for mental health professionals employed by the SUCs, and the Commission on Higher Education to formulate continuing professional development and training programs for SUC mental health personnel. Ultimately, the establishment and operation of SUC Mental Health Offices is seen to protect and promote the mental health and wellness of students, faculty, teaching and non-teaching staff, and other SUC personnel.

In view of the foregoing, as well as the constitutional mandate to protect and promote the people's right to health, the swift passage of this measure is earnestly requested. FRANCIS G. ESCUDERO

Section 1. Short Title. — This Act shall be known as the "State Universities and

2 Colleges Mental Health Services Act."

Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State to

4 uphold the basic right of every Filipino to sound mental health and ensure access to 5 appropriate and needed interventions, therapy, and treatment. Pursuant to this 6 mandate, the State shall institute policies to promote the mental health and wellness 7 of students, faculty, teaching and non-teaching staff, and other personnel of state 8 universities and colleges (SUCs) through, among others, the establishment of a Mental 9 Health Office in all SUCs, and recruitment, deployment and training of additional SUC- 10 based mental health service personnel. All SUCs shall ensure the provision of proper and adequate mental health services to their respective students, faculty, non-teaching staff and other personnel. 13 In this regard, all SUCs, through their Mental Health Offices, shall design programs 14 and provide services to assist in the resolution of emotional, behavioral, and 15 psychosocial issues and to foster an enabling environment for knowledge acquisition 16 and intellectual development.

Sec. 3. Definition of Terms. - As used in this Act:

(a) Guidance Counselor shall refer to a natural person who has been registered 3 and issued a valid Certificate of Registration and a valid Professional Identification 4 Card by the Professional Regulatory Board of Guidance and Counseling and the 5 Professional Regulation Commission (PRC) in accordance with Republic Act No. 9258, 6 otherwise known as the "Guidance and Counseling Act of 2004," and, by virtue of 7 specialized training, performs the functions of guidance and counseling for a fee, 8 salary or other forms of compensation: Provided, That this definition shall be without prejudice to those registered as guidance counselor pursuant to Section 14 of Republic 10 Act No. 9258; (b) Mental Health shall refer to a state of well-being in which the individual realizes one's own abilities and potentials, copes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community; (c) Mental Health Professional shall refer to a medical doctor, nurse, guidance counselor, psychologist, or any other appropriately-trained and qualified person with specific skills relevant to, and necessary for, the provision of mental health services; (d) Mental Health Services shall refer to the psychosocial, psychiatric, or neurologic activities and programs along the whole range of mental health support services including promotion, prevention, treatment, and aftercare, which are provided by mental health facilities and mental health professionals; (e) Psychologist shall refer to a natural person who is duly registered and holds a valid certificate of registration and a valid professional identification card as a professional psychologist, issued by the Professional Regulatory Board of Psychology and the PRC pursuant to Republic Act No. 10029, otherwise known as the "Philippine Psychology Act of 2009," for the purpose of delivering different psychological services: Provided, That this definition shall be without prejudice to those registered as psychologists pursuant to Section 16 of Republic Act No. 10029; (f) State Universities and Colleges or SUCs shall refer to public higher education institutions established by law and managed by their respective independent and 31 separate governing boards; and

(g) SUC-Based Mental Health Service Personne/ shall refer to any mental health professional who is hired or deployed by, or has a contract with an SUC to render mental health services in its campus.

Sec. 4. Establishment of Mental Health Offices in Campuses of State Universities

5 and Colleges. - All SUCs shall be mandated to establish a Mental Health Office in their 6 respective campuses to be operated by trained mental health professionals serving as mental health service personnel of SUCs: Provided, That the establishment and operation of mental health offices in SUC campuses shall be subject to the policies, standards and guidelines issued by Commission on Higher Education (CHED), 10 Department of Budget and Management (DBM) and Civil Service Commission (CSC). The Mental Health Offices in SUCs shall perform the following duties and 12 functions: (a) Implement mental health programs and projects designed to promote 14 mental health and well-being of students, faculty, teaching and non-teaching staff, 15 and other personnel employed in SUC campuses; (b) Set up twenty-four seven (24/7) campus hotline numbers attended by 17 dedicated and trained guidance counselors to provide assistance to the whole SUC 18 community, with special attention paid to the needs of students, individuals with 19 history of mental health problems or conditions, and those who have high-risk factors 20 for self-harm or suicide; (c) Initiate and sustain a heightened campaign to raise the collective consciousness about mental health, with emphasis on preventing suicides, handling life stresses, promoting mental health and nutrition, and guidance and counseling; (d) Create a mechanism for crisis intervention and response, particularly for cases involving suicide and other immediate or life-threatening emergencies; (e) Establish systems to maximize the utilization of existing mental health services provided by other government agencies, such as, but not limited to, Department of Health (DOH) and Department of Social Welfare and Development (DSWD); and (f) Perform other duties and functions in relation to mental health awareness 31 and promotion as may be identified by CHED.

Sec. 5. Recruitment, Training and Deployment of Mental Health Professionals

2 in State Universities and Colleges. - Within five (5) years from the effectivity of this 3 Act, all SUCs shall ensure that their respective mental health offices are staffed with 4 mental health professionals. For this purpose, SUCs shall, in coordination with CHED 5 and subject to evaluation and approval of DBM, formulate the appropriate 6 organizational structure and staffing pattern for their respective mental health offices. Notwithstanding the provisions of Republic Act No. 9258, SUCs shall be authorized to recruit individuals with undergraduate degrees in psychology or other related disciplines but lack other requisites to qualify as mental health professionals: 10 Provided, That the services rendered such individuals shall be performed under the 11 supervision of qualified mental health professionals: Provided, further, That CHED and the SUC concerned shall provide for the appropriate training, instruction and assistance to enable them to develop the necessary skills to render counselling and other mental health services to students, faculty, teaching and non-teaching staff, and 15 other personnel employed in SUC campuses: Provided, finally, That individuals recruited without the required licenses or certification under this Act shall, within three 17 (3) years from the date of recruitment, secure such licenses and certification required 18 in the performance of the responsibilities as mental health professionals.

Sec. 6. Professional and Career Development Program for In-Campus Mental

20 Health Professionals. - In accordance with the provisions of Republic Act No. 10912, 21 otherwise known as the "Continuing Professional Development Act of 2016," CHED shall formulate continuing professional development and training programs for SUC mental health personnel and shall ensure the adoption of the appropriate mental health interventions for students, faculty, teaching and non-teaching staff, and other personnel employed in SUC campuses. The CHED shall, in coordination with DBM, CSC, DOH, and PRC, perform the following: (a) Prepare a uniform career and personnel development plan that includes provisions on personal wellness, merit promotion, performance evaluation, in-service training, graduate scholarships, research grants, and incentive award systems;

(b) Ensure that compensation of mental health professionals employed by 2 SUCs are commensurate with other related plantilla items under the provisions of 3 Republic Act No. 6758, otherwise known as the "Compensation and Position 4 Classification Act of 1989," as amended; (c) Align the qualifications and standards for the qualification outcomes of Mental Health Professionals to the provisions of Republic Act No. 10968, otherwise 7 known as the "Philippine Qualifications Framework Act;" (d) Review the organizational structure of all SUCs to ensure the availability of 9 competent and professional personnel that can supervise and provide technical 10 assistance to the guidance counselors; (e) Review, revise and develop the duties and responsibilities of mental health professionals in accordance with the laws governing their professions; (f) Prepare a performance evaluation plan geared towards the improvement of the efficiency and effectiveness of each mental health professional: Provided, That the employees shall be adequately informed by their immediate supervisor of the evaluation of their performance; and (g) Provide periodic training, aimed at retooling and upgrading the skills of mental health professionals.

Sec. 7. Salary Scale. - The career and salary scales of mental health

professionals in SUCs shall provide for a progression from a minimum to a maximum salary by means of salary adjustments and/or regular increments, to be given based on necessity, merit and competencies: Provided, That the entry level for qualified mental health professionals employed by SUCs shall not be lower than Salary Grade 16.

Sec. 8. Recruitment of Mental Health Personnel Under a Contract-of-Service

and Other Similar Work Arrangements. - In cases where SUCs are unable to engage the services of qualified personnel for regular appointment, the SUC concerned shall be authorized to engage the services of mental health professionals under a contract- of-service and other similar work arrangements, whether full-time or part-time basis, subject to existing laws, rules and regulations.

Sec. 9. Benefits. - All mental health professionals employed in SUC Mental

Health Offices shall enjoy the rights, privileges, and other benefits provided in Republic Act No. 7305, otherwise known as the "Magna Carta of Public Health Workers," Republic Act No. 11036, otherwise known as the "Mental Health Act," and other 5 pertinent laws.

Sec. 10. Appropriations. - The amount necessary to carry out the provisions of

7 this Act shall be included in the Annual General Appropriations Act or sourced from 8 the internally-generated income of SUCs.

Sec. 11. Implementing Rules and Regulations. - Within sixty (60) days from

10 the effectivity of this Act, CHED shall, in coordination with DBM, PRC, DOH, Philippine 11 Association of State Universities and Colleges, and other stakeholders concerned, 12 promulgate the rules and regulations to effectively implement the provisions of this 13 Act.

Sec. 12. Suppletory Application. - The applicable provisions of Republic Act

15 No. 11036 insofar as such provisions are not inconsistent with the provisions and 16 objectives of this Act, shall suppletorily apply.

Sec. 13. Separability Clause. - If any provision or part hereof is declared

18 unconstitutional, the remainder of this Act or any provision not affected thereby shall 19 remain in full force and effect.

Sec. 14. Repealing Clause. - All laws, acts, decrees, executive orders,

issuances, and rules and regulations or parts thereof which are contrary to and inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect immediately following its

publication in the Official Gazette or in a newspaper of general circulation. Approved,

Text extracted from the scanned Senate document via OCR — it may contain recognition errors. The official PDF is the authoritative version.