State Universities and Colleges (Sucs) Mental Health Services Act

E01110 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -5 P2:22 SENATE RECEE: 2O S. No. 912 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE MENTAL HEALTH SERVICES OF STATE UNIVERSITIES AND COLLEGES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Philippine Constitution, Article II, Section 15 declares that "The State shall protect and promote the right to health of the people and instill health consciousness among them." A study conducted by the University of the Philippines Population Institute (UPPI) published on October 10, 2022 revealed that Filipino youth is in worse mental shape today, with close to one in five persons aged 15-24 have ever considered ending their life.1 Ironically, the country does not have enough mental health professionals to provide support and assistance to the youth in need. Data from the World Health Organization states that "for every 200,000 Filipinos, there are only two mental health professionals (one psychologist and one psychiatrist). In the Department of Health's data, however, there are three mental health professionals (one psychologist, one psychiatrist, and one nurse) for every 100,000 FIlipinos. What's more alarming is that there is only one guidance counselor for every 14,000 students."2 1 Pinoy youth in worse mental shape today, nationwide survey indicates | UP Population Institute 2 Mental health concerns are rising among Filipino youth

These facts emphasize the need to establish Mental Health Offices (MHOs) in all our SUCs, and to strengthen our already existing campus MHOs to ensure easy access to mental health care for the well-being not only of our vulnerable youth population, but of the faculty, teaching and non-teaching staff and other personnel in the campuses of our SUCs all throughout the country. The "State Universities and Colleges (SUCs) Mental Health Services Act"intends to uphold the basic right of every Filipino to sound mental health and wellness and ensure access to appropriate support, therapy, and treatment as needed down at the level of our campuses, as early intervention strategy. In this light, the immediate passage of this bill is highly recommended. JINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session AUS -5 P2:22 SENATE RECENTO BY S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE MENTAL HEALTH SERVICES OF STATE UNIVERSITIES AND COLLEGES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

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

2 Colleges (SUCs) 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 in the 8 campuses of SUCs through, among others, the establishment of a Mental Health Office 9 in all SUCs, and recruitment, deployment and training of additional SUC-based mental 10 health service personnel. All SUCs shall ensure the provision of proper and adequate mental health 12 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 and provide services to assist in the resolution of emotional, behavioral, and psychosocial issues and to foster an enabling environment for knowledge acquisition 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 and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and the Professional Regulation Commission (PRC) in accordance with Republic Act No. 9258, otherwise known as the "Guidance and Counseling Act of 2004", and, by virtue of specialized training, performs the functions of guidance and counseling for a fee, 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 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; and (f) SUC-Based Mental Health Service Personnel 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 All SUC Campuses. - All SUCs

shall be mandated to establish a Mental Health Office in their respective campuses to be operated by trained mental health professionals serving as the mental health service personnel of the 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 the Commission on Higher Education (CHED), Department of Budget and Management (DBM) and Civil Service Commission (CSC). The Mental Health Offices in SUCs shall perform the following duties and functions: (a) Implement mental health programs and projects designed to promote mental health and well-being of students, faculty, teaching and non- teaching staff, and other personnel employed in SUC campuses; (b) Set up twenty-four seven (24/7) campus hotline numbers attended by dedicated and trained guidance counselors to provide assistance to the whole SUC Community, with special attention paid to the needs of students, individuals with history of mental health problems or conditions, and those who have higher risk factors 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 the Department of Social Welfare and Development (DSWD); and (f) Perform other duties and functions in relation to mental health awareness and promotion as may be identified by CHED

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

6 in SUC Campuses. - Within five (5) years from the effectivity of this Act, the SUCs 7 shall ensure that their respective mental health offices are staffed with mental health professionals. For this purpose, the SUCs shall, in coordination with CHED and subject to evaluation and approval of the DBM, formulate the appropriate 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: Provided, That the services rendered such individuals shall be performed under the supervision of qualified mental health professionals: Provided, further, That the 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 other personnel employed in SUC campuses: Provided, finally, That individuals recruited without the required licenses or certification under this Act shall, within three (3) years from the date of recruitment, secure such licenses and certification required in the performance of the responsibilities as mental health professionals.

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

Health Professionals. - In accordance with the provisions of Republic Act No. 10912, otherwise known as the "Continuing Professional Development Act of 2016", the 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 the 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 SUCs are commensurate with other related plantilla items under the provisions of Republic Act No. 6758, otherwise known as the "Compensation and Position 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 known as the "Philippine Qualifications Framework Act"; (d) Review the organizational structure of the SUCs to ensure the availability of competent and professional personnel that can supervise and provide technical 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 on 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

1 authorized to engage the services of mental health professionals under a contract-of- 2 service and other similar work arrangements, whether full-time or part-time basis, 3 subject to existing laws, rules and regulations.

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

5 Offices of the SUCs shall enjoy the rights, privileges, and other benefits provided in 6 Republic Act No. 7305, otherwise known as the "Magna Carta of Public Health 7 Workers", Republic Act No. 11036, otherwise known as the "Mental Health Act", and 8 other pertinent laws.

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

10 this Act shall be included in the Annual General Appropriations Act or sourced from 11 the internally-generated income of the SUCs.

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

the effectivity of this Act, the CHED shall, in coordination with the DBM, PRC, DOH, Philippine Association of State Universities and Colleges, and other stakeholders 15 concerned, promulgate the rules and regulations to effectively implement the provisions of this Act.

Sec. 12. Suppletory Application. - The applicable provisions of Republic Act No.

18 11036, otherwise known as the "Mental Health Act", insofar as such provisions are not 19 inconsistent with the provisions and objectives of this Act, shall apply suppletorily.

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

unconstitutional, the remainder of this Act or any provision not affected thereby shall 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,