Title I of the Americans with Disabilities Act of 1990 (“ADA”) is a civil rights law that protects people with depression, post-traumatic stress disorder (“PTSD”) and other mental illnesses in the workplace. It prohibits employers with 15 or more employees from terminating, refusing to hire or taking other adverse action against an applicant or employee because of a real or perceived mental illness. [1] It also strictly limits the circumstances in which an employer may request information about health conditions, including mental illness, and sets out confidentiality requirements for any medical information in its possession. [2] [3] “Mental health care” includes the analysis and diagnosis of a person`s mental state and the treatment, care and rehabilitation of a mental illness or suspected mental illness; 3. The patient and advocate may, at each hearing, request and provide an independent mental health report and all other oral, written and other reports and evidence that are relevant and admissible. The law provides for “free, prior and informed consent” or “informed consent,” which refers to a service user`s voluntary consent to a treatment plan. A patient must “give prior informed consent prior to treatment or treatment, including the right to withdraw such consent.” “All people. they are presumed to have legal capacity within the meaning of this or any other applicable law, regardless of the nature or impact of their mental health or disability.” 2. The determination of mental illness should never be made on the basis of political, economic or social status, membership in a cultural, racial or religious group, or for any other reason that does not directly affect mental health status. 11.
The physical restraint or involuntary isolation of a patient may only be used in accordance with the officially approved procedures of the psychiatric facility and only if it is the only means available to prevent immediate or imminent harm to the patient or others. It may not be extended beyond the period strictly necessary for this purpose. All cases of physical restraint or involuntary isolation, the reasons for it, and their nature and extent should be recorded in the patient`s medical record. A confined or withdrawn patient must be kept in humane conditions and under the close and regular care and supervision of qualified personnel. A personal representative, if available and relevant, should be immediately informed of any physical restraint or involuntary isolation of the patient. 5. Everyone with mental illness has the right to enjoy all civil, political, economic, social and cultural rights set forth in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant instruments such as the Declaration on the Rights of Persons with Disabilities and the Principle concerning the Protection of All Persons in the life of man. are recognized in any form whatsoever. imprisonment or imprisonment. 1. Every patient has the right to health care and social services adapted to his or her health needs and is entitled to the same care and treatment according to the same standards as other patients. Although the Philippine National Mental Health Policy was enacted in 2001, mental health remains a under-resourced health care sector in the Philippines.
Only 3-5 per cent of the total health budget is spent on mental health, and the majority of this amount is spent on the operation and maintenance of psychiatric hospitals (WHO and Ministry of Health, 2006). In the Philippines, the ratio of psychiatric personnel to population is low, at 2-3 per 100,000 population (WHO-AIMS report; WHO and Ministry of Health, 2006), with just over 500 psychiatrists in practice. The majority of psychiatrists work in for-profit departments or private practices, primarily in large urban areas, particularly in the Metro Manila metropolitan area (Samaniego, 2017). (a) there is a substantial likelihood of immediate or imminent harm to that person or any other person as a result of such mental illness; or 9. When treatment is authorised without informed consent, every effort is made to inform the patient of the nature of the treatment and possible alternatives and to involve the patient as much as possible in the development of the treatment plan. `personal representative` means a person appointed by law to represent the interests of a patient in a particular respect or to exercise certain rights on behalf of the patient, including the parents or legal guardian of a minor, unless otherwise provided for in national law; (c) the independent authority is satisfied that the proposed treatment plan best meets the patient`s health needs; Everyone with mental illness has the right to live and work in the community as much as possible. 3. Psychiatric care shall always be provided in accordance with the ethical standards applicable to psychiatrists, including internationally recognised standards such as the Principles of Medical Ethics adopted by the General Assembly of the United Nations. Mental health knowledge and skills should never be misused. These principles apply to all persons admitted to a psychiatric institution. 8.
The decision resulting from the oral procedure shall state the reasons on which it is based. Copies are given to the patient, his personal representative and his legal counsel. In deciding whether to publish the decision in whole or in part, full account shall be taken of the patient`s wishes, the need to respect the patient`s privacy and that of others, the public interest in a transparent administration of justice, and the need to prevent serious harm to health or not to endanger the safety of others.
