Key Benefits:
1616 OF 2013
(January 21)
Official Journal No. 48,680 of 21 January 2013
CONGRESS OF THE REPUBLIC
By means of which the Mental Health law is issued and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. OBJECT. The purpose of this law is to guarantee the full exercise of the Right to Mental Health to the Colombian population, prioritizing children, girls and adolescents, by promoting the health and prevention of mental disorder, Integral and Integrated Care in Mental Health in the field of the General System of Social Security in Health, in accordance with the provisions of Article 49 of the Constitution and with foundation in the promotional approach of Quality of life and the strategy and principles of the Care Primary in Health.
The policy criteria for the reformulation, implementation and evaluation of the National Public Health Policy of Mental Health, based on the rights, territorial and population approaches to the life cycle, are also established.
ARTICLE 2o. ABOTH OF APPLICATION. This law is applicable to the General System of Social Security in Health, specifically to the Ministry of Health and Social Protection, National Health Superintendence, Health Regulation Commission or the entity that does their times, the profit plan managers of the Health Services Institutions, the Social Enterprises of the State.
The national, departmental, district and municipal authorities of health, which will be in line with the relevant to comply with the law.
ARTICLE 3o. MENTAL HEALTH. Mental health is defined as a dynamic state that is expressed in everyday life through behavior and interaction in such a way that it allows individual and collective subjects to deploy their emotional resources, cognitive and mental to transition through daily life, to work, to establish meaningful relationships and to contribute to the community.
" Mental Health is of national interest and priority for the Republic of Colombia, it is a fundamental right, it is a priority topic of public health, it is a good of public interest and is an essential component of the general welfare and improvement of the Colombian and Colombian quality of life.
ARTICLE 4. MENTAL HEALTH GUARANTEE. The State through the General System of Social Security in Health will guarantee to the Colombian population, prioritizing children, girls and adolescents, the promotion of mental health and prevention of mental disorder, integrated and integrated care including diagnosis, treatment and rehabilitation in health for all mental disorders.
Ministry of Justice and Law, the National Penitentiary and Prison Institute, and the health service providers hired to care for the inmates, will adopt care programs for the mentally ill freedom and guarantee the rights referred to in the sixth article of this law; they will be able to concentrate this population for their due attention. The mentally ill will not be able to be isolated in the punishment cells for the duration of their treatment.
ARTICLE 5o. DEFINITIONS. For the application of this law, the following definitions shall be taken into account:
1. Promoting mental health. The promotion of mental health is an intersectoral strategy and a set of processes oriented towards the transformation of the determinants of Mental Health that affect the quality of life, in pursuit of the satisfaction of the needs and the means to maintain health, improve it and exercise control at individual and collective levels, taking into account the Colombian cultural framework.
2. Primary Prevention of Mental Disorder. The Prevention of Mental Disorder refers to interventions aimed at impacting risk factors related to the occurrence of mental disorders, emphasizing the early recognition of protective and risk factors, in the its self-management and is aimed at individuals, families and collectives.
3. Comprehensive and integrated mental health care. Comprehensive mental health care is the concurrency of human talent and sufficient and relevant resources in health to respond to the mental health needs of the population, including promotion, prevention, Secondary and tertiary education, early diagnosis, treatment, rehabilitation in health and social inclusion.
Integrated care refers to the combination of different levels of complexity, complementarity and continuity of care in mental health, according to the health needs of people.
4. Comprehensive and integrated mental health care. Comprehensive mental health care is the concurrency of human talent and sufficient and relevant health resources to respond to the mental health needs of the population, including promotion, prevention, early diagnosis, treatment, rehabilitation in health and social inclusion.
Integrated care refers to the combination of different levels of complexity, complementarity and continuity of care in mental health, according to the health needs of people.
5. Mental disorder. For the purposes of this law, mental disorder is understood as an alteration of the cognitive and affective processes of the development considered as normal with respect to the social reference group from which the individual comes. This alteration is manifested in disorders of reasoning, behavior, the ability to recognize reality and to adapt to the conditions of life.
6. Mental Disability. It is presented in a person who has mental or behavioral limitations; who does not allow him on multiple occasions to understand the scope of his actions, presents difficulty in executing actions or tasks, and to participate in vital situations. The mental disability of an individual can be presented on a temporary or permanent basis, which is defined under clinical criteria of the treating medical team.
7. Psychosocial problem. A psychosocial or environmental problem can be a negative life event, an environmental difficulty or deficiency, a situation of family or interpersonal stress, a lack of social support or personal resources, or another problem. related to the context in which changes experienced by a person have been developed.
8. Psychosocial Rehabilitation. It is a process that facilitates opportunity for individuals-who are impaired, disabled or affected by the handicap-or disadvantage-of a mental disorder-to achieve the highest level of independent functioning in the community. It involves both the improvement of individual competence and the introduction of changes in the environment to achieve a life of the best possible quality for people who have experienced a psychic disorder, or who suffer from a deterioration in their capacity mental that produces a certain level of disability. Psychosocial Rehabilitation aims to provide the optimal level of functioning of individuals and societies, and the minimization of disabilities, dysabilities and handicap, empowering individual choices on how to live satisfactorily. in the community.
RIGHTS OF PEOPLE IN THE FIELD OF MENTAL HEALTH.
ARTICLE 6o. RIGHTS OF PERSONS. In addition to the Rights enshrined in the Lisbon Declaration of the World Medical Association, the Convention on the Rights of Persons with Disabilities and other international instruments, Political Constitution, and The General Law on Social Security in Health are the rights of people in the field of Mental Health:
1. Right to receive comprehensive and integrated care and humanized by the human team and specialized mental health services.
2. Right to receive clear, timely, truthful and complete information about the circumstances related to your health, diagnosis, treatment and prognosis, including the purpose, method, probable duration and benefits expected, as well as your risks and the consequences, of the facts or situations causing their deterioration and of the circumstances related to their social security.
3. The right to receive specialized and interdisciplinary care and treatments with the best scientific evidence according to scientific advances in mental health.
4. The right to make interventions the least restrictive of individual freedoms according to the law in force.
5. The right to have a psychotherapeutic process, with the necessary times and sessions to ensure a dignified treatment to obtain results in terms of change, well-being and quality of life.
6. Right to receive psychoeducation on an individual and family level about your mental disorder and forms of self-care.
7. The right to receive incapacity for work, in the terms and conditions laid down by the treating health professional, guaranteeing recovery in the health of the person.
8. The right to exercise their civil rights and in the event of an inability to exercise these rights is determined by a judge in accordance with Law 1306 of 2009 and other legislation in force.
9. Right not to be discriminated against or stigmatized, because of their status as a person subject to mental health care.
10. The right to receive or reject spiritual or religious assistance according to your beliefs.
11. Right to access and maintain the link with the education system and employment, and not be excluded because of your mental disorder.
12. Right to receive the medication that is always required for therapeutic or diagnostic purposes.
13. Right to require that the informed consent to receive the treatment be taken into account.
14. Right not to be subjected to clinical trials or experimental treatments without their informed consent.
15. Right to the confidentiality of information related to your care process and respect the privacy of other patients.
16. Right to Reintegrate your family and community.
This catalogue of rights should be published in a visible and accessible place of the Institutions of Health Services that provide mental health care in the national territory. It must also comply with the terms set out by the Constitutional Court in Case T-760 of 2008 and other relevant case-law.
PROMOTING MENTAL HEALTH AND PREVENTION OF MENTAL ILLNESS.
ARTICLE 7o. THE PROMOTION OF MENTAL HEALTH AND PREVENTION OF MENTAL DISORDER. The Ministry of Health and Social Protection or the entity that does its times, will establish the actions in mental health promotion and prevention of mental disorder, which should included in the decennial and national plans for public health, territorial plans and plans of collective interventions, guaranteeing access to all citizens and citizens, these actions will be mandatory implementation by of the territorial authorities, Health Promoters, Institutions of the Health Services, Professional Risk Administrators, State Social Enterprises and will have monitoring and evaluation through indicators in their implementation.
Likewise, the Ministry will have the responsibility to promote and agree with other sectors those policies, plans, programs and projects necessary to guarantee the satisfaction of fundamental rights and the development and use of the mental capabilities for all citizens.
The Department for Social Prosperity with the advice of the Ministry of Health will have the responsibility in the population subject to care, to promote and prevent the occurrences of the mental disorder through interventions aimed at impacting risk factors related to the occurrence of the risk factors, emphasizing early recognition of protective and risk factors.
The Department of Social Prosperity with the advice of the Ministry of Health shall constitute and participate in association with persons of public or private law, associations, foundations or entities that support or promote programs for care, treatment, promotion and prevention of mental health diseases.
The National Health Superintendence shall exercise the inspection, surveillance and control actions in respect of the requirements of this article.
ARTICLE 8o. PROMOTION ACTIONS. The Ministry of Health and Social Protection will direct the actions of promotion in mental health to positively affect the determinants of mental health and involve: social inclusion, elimination of stigma and discrimination, good treatment and prevention of violence, practices of harassment, bullying or bullying, prevention of suicide prevention of the use of psychoactive substances, social participation and economic and food security, between other.
These actions include all stages of the life cycle in the different areas of everyday life, prioritizing children and adolescents and older people; and they will be articulated to the current public policies.
The Ministry of National Education, in conjunction with the Ministry of Health and Social Protection, will design cross-sectoral actions to encourage students to carry out their skills in the field of educational projects. Citizens respectful of themselves, of others and of the public, who exercise human rights and promote school coexistence by emphasizing the promotion of Mental Health.
The actions set out in this article will have follow-up and impact assessment that will allow action plans for continuous improvement as well as knowledge management, research and innovation.
ARTICLE 9o. PROMOTION OF MENTAL HEALTH AND PREVENTION OF MENTAL DISORDER IN THE WORKPLACE. Labor Risk Administrators within health promotion and prevention activities should generate strategies, programs, actions or services to promote mental health and mental disorder prevention, and must ensure that their affiliated companies include within their health and safety management system at work, permanent monitoring of the exposure to psychosocial risk factors at work to protect, improve and recover health mental of the workers.
The Ministry of Labor and the Ministry of Health will determine and update the technical guidelines for the design, formulation and implementation of strategies, programs, actions or services to promote mental health and the prevention of mental disorder in the workplace in a term no longer than six (6) months, as of the enactment of this law.
The Ministry of Labor and the Ministry of Health will periodically evaluate and adjust this technical guideline to address occupational risks in mental health.
According to the provisions of Law 1562 of 2012 the Ministry of Labour will exercise the functions of inspection, surveillance and control of the promotion and prevention actions ordered in the present Article.
COMPREHENSIVE AND INTEGRATED CARE. IN MENTAL HEALTH.
ARTICLE 10. RESPONSIBILITY FOR INTEGRAL AND INTEGRATED CARE IN MENTAL HEALTH. The Ministry of Health and Social Protection, will adopt in the framework of Primary Health Care the integrated and integrated care model, care protocols and guidelines comprehensive care in mental health with the participation of patients, their families and caregivers and other relevant actors in accordance with the national social participation policy in force.
Such protocols and guidelines will progressively include all problems and disorders as well as processes and procedures for their implementation. These protocols and guides shall be adjusted periodically every five years.
Will also prioritize the design and implementation of programs and complementary actions for care and protection for people with severe mental disorders and their families.
ARTICLE 11. COMPLEMENTARY ACTIONS FOR COMPREHENSIVE CARE. Comprehensive mental health care will include actions complementary to treatment such as family, social, labor, and educational integration.
To this end, the Ministry of Health and Social Protection will ensure the incorporation of the promotional approach of Quality of Life and the transectorial and intersectoral action necessary as fundamental elements in the design, implementation and assessment of complementary actions for comprehensive mental health care.
COMPREHENSIVE NETWORK OF MENTAL HEALTH SERVICE DELIVERY.
ARTICLE 12. COMPREHENSIVE NETWORK FOR THE PROVISION OF MENTAL HEALTH SERVICES. The Territorial Authorities, the Administrative Companies of Benefit Plans must have a comprehensive network of public and private mental health services, as part of the network of general health services.
This network will provide its services in the framework of the Primary Health Care strategy with a comprehensive care model that includes the provision of services at all levels of complexity that guarantee quality and warmth in the care of a timely, sufficient, continuous, relevant and easily accessible way to services of promotion, prevention, early detection, diagnosis, intervention, treatment and rehabilitation in mental health.
This network will be articulated and coordinated under a reference and counterreference system that will ensure the effective return of cases to the first level of care.
Territorial entities, benefit plan management companies, job risk managers, may be associated to provide these services, provided they guarantee quality, opportunity, complementarity and continuity in the the provision of mental health services to persons in each territory.
ARTICLE 13. COMPREHENSIVE AND INTEGRATED CARE MODALITIES AND SERVICES IN MENTAL HEALTH. The comprehensive mental health service delivery network must include the following modalities and services, integrated into the general health services of the Institutions of Health Services:
1. Outpatient Care.
2. Home Care.
3. Prehospital Care.
4. Focus on Drug Addiction and Drug Addiction Services.
5. Community Mental Health Center.
6. Patient and Family Support Groups.
7. Adult Day Hospital.
8. Day Hospital for Girls, Children and Adolescents.
9. Community Based Rehabilitation.
10. Mental Health Units.
11. Urgency of Psychiatry.
PARAGRAFO. The Ministry of Health and Social Protection under the mandatory Health Care Quality Assurance System will establish new modalities and services for integrated and integrated health care. Mental under the principles of progressiveness and not regressivity and continuous improvement of the network.
ARTICLE 14. SERVICE PROVIDERS. The Administrative Companies of Benefit Plans, the Social Enterprises of the State and the Institutions of Public and Private Health Services shall guarantee and provide their services in accordance with policies, plans, programs, model of care, guidelines, protocols and modalities of care defined by the Ministry of Health and Social Protection, so that the penalties provided for in the legislation in force are punishable.
For this purpose, the Ministry shall formulate, implement, evaluate and adjust such instruments in accordance with this law and other complementary legal provisions.
ARTICLE 15. GATEWAY TO THE NETWORK. The first level of care is the gateway to the system, which must ensure equitable access to essential services for the population, providing comprehensive care seeking to resolve most of the health needs and demands of the population over time and throughout the life cycle, as well as integrating individual, collective and targeted programs into specific mental health risks.
Actions at this level have entries from multiple scopes and instances at the local level such as homes, schools, workplaces, community.
ARTICLE 16. STANDARDIZATION OF PROCESSES AND PROCEDURES. The territorial authorities must define and standardize the mechanisms, processes and administrative procedures and priority assistance to access the services of the mental health network.
The Ministry of Health and Social Protection shall issue the guidelines for this purpose, in a term not greater than fourteen (14) months from the entry into force of this law.
ARTICLE 17. MONITORING AND EVALUATION MECHANISMS. Territorial entities shall establish mechanisms, spaces, instruments and indicators for monitoring and monitoring the functioning of the mental health service network in order to ensure their efficient development and timely adjustment. These mechanisms must have the participation of the citizenry and spaces of accountability.
The Ministry of Health and Social Protection shall issue the guidelines for this purpose, in a term not greater than fourteen (14) months after the enactment of this law.
ARTICLE 18. INTERDISCIPLINARY TEAM. The Institutions of Health Services in Public and Private Mental Health, must have an appropriate interdisciplinary team, relevant and sufficient for the satisfaction of the needs of the persons in the services of health promotion and prevention of mental disorder, early detection, evaluation, diagnosis, treatment and rehabilitation in health.
Interdisciplinary teams will be made up of Psychiatry, Psychology, Nursing, Social Work, Occupational Therapy, Psychosocial Therapy, General Medical, among other professionals, attending to the level of complexity and specialization required in each service in accordance with the standards set by the Ministry of Health and Social Protection for this purpose.
This interdisciplinary team will ensure comprehensive and integrated prevention and care in accordance with the model of care, guidelines and protocols in place to ensure respect for human dignity and human rights, families and groups that are subject to care, ensuring integrity and quality standards.
ARTICLE 19. TRAINING AND TRAINING OF BASIC HEALTH EQUIPMENT. In accordance with Article 15 of Law 1438 of 2011, the Ministry of Health and Social Protection and the territorial authorities will ensure training. and mental health training of basic health care teams, as well as their permanent updating.
The Ministry of Health and Social Protection and the territorial authorities will report annually on the compliance with the provisions of this article to the National Council of Human Talent in Health, for their competence.
ARTICLE 20. CONTINUOUS IMPROVEMENT OF HUMAN TALENT. Public and private health service providers should ensure the continuous updating of the human talent serving in mental health services in new methods, techniques and technologies. relevant and applicable in the promotion of mental health, prevention, treatment and psychosocial rehabilitation, without prejudice to the form of linkage to the provider.
The National Health Superintendence will monitor compliance with the provisions of this article and report it regularly to the Ministry of Health and Social Protection, and to the National Council of Human Talent in Health competence.
ARTICLE 21. SPECIAL PROTECTION FOR HUMAN TALENT WORKING IN MENTAL HEALTH. The Occupational Risk Administrators, in accordance with the level of risk identified, will provide advice and technical assistance to implement programs, campaigns, and services. and actions of education and prevention, intervention and control of psychosocial risk factors to mental health workers, whose work is related to direct care in external or hospital consultation, cases of fatal violence and not fatal and psychosocial care in emergency, emergency and disaster situations.
In any case, the Labor Risk Administrators must ensure that their affiliated companies include and comply with the development of the annual work plan within their health and safety management system at work.
The Ministry of Labor and the Ministry of Health will determine and update the technical guidelines for the design, formulation and implementation of strategies, programs, actions or services recorded in this article in a non- greater than six (6) months from the enactment of this law.
According to the provisions of Law 1562 of 2012, the Ministry of Labour shall exercise the functions of inspection, surveillance and control of the actions ordered in this article.
ARTICLE 22. HUMAN TALENT IN PRE-HOSPITAL CARE. People who are part of the pre-hospital care team in Mental Health will have to certify the title of Medicine, Psychiatry, Psychology, Nursing, or Prehospital Care.
In any case, health service providers must ensure that the human talent in pre-hospital care has the training and continuous strengthening of competencies in the area of Mental Health that allows them to guarantee a adequate, timely and effective care with the capabilities for crisis intervention and management of the patient with mental disorder.
This equipment must be in constant articulation with the departmental, district and municipal Regulatory Center as appropriate.
COMPREHENSIVE AND PREFERRED CARE IN MENTAL HEALTH FOR CHILDREN AND ADOLESCENTS.
ARTICLE 23. COMPREHENSIVE AND PREFERRED MENTAL HEALTH CARE. In accordance with the Children and Adolescence Code, Law 1098 of 2006 and articles 17, 18, 19, 20 , and 21 of Act 1438 of 2011, Children, Girls, and Adolescents are subject to comprehensive care and preferred in mental health.
ARTICLE 24. SCHOOL INTEGRATION. The State, family and community must promote the integration of children and adolescents with mental disorders by school integration.
The Ministries of Education and Social Protection, or the entity that does its time, must join efforts, designing strategies that favor integration into the regular classroom and acting on factors that may be affecting performance. school children, girls and adolescents with mental disorders.
Certified Territorial Entities in Education must adapt the means and conditions of education, prepare educators according to individual needs, with the support of an interdisciplinary team qualified in a center of education health care near the educational center.
ARTICLE 25. MENTAL HEALTH SERVICES FOR CHILDREN, GIRLS AND ADOLESCENTS. The territorial authorities, the companies administering benefit plans must have comprehensive services in mental health with specific modalities of care for children, Girls and adolescents ensuring timely, sufficient, continuous, relevant and easily accessible care for the services of promotion, prevention, early detection, diagnosis, intervention, care and psychosocial rehabilitation in mental health in the terms provided for in this Law and its Regulations.
TITLE V. .
ARTICLE 26. BENEFITS PLAN. The Health Regulation Commission or the entity that does its time, shall include in the updating of the benefit plans of all the regimes, the comprehensive mental health coverage including activities, procedures, interventions, inputs, medical devices, medicines and health technologies for the prevention, diagnosis, treatment and rehabilitation, which are required for the integrated and integrated mental health care of compliance with the provisions of Law 1438 2011, this law and other existing and complementary regulations.
SOCIAL PARTICIPATION.
ARTICLE 27. GUARANTEE OF PARTICIPATION. In the framework of the Political Constitution, the Law and the National Public Policy of Social Participation the Ministry of Health and Social Protection must guarantee the real, effective and binding participation of the individuals, families, caregivers, communities and social sectors for the exercise of active citizenship in the formulation, implementation evaluation and adjustment of the care model, guidelines, protocols, benefit plans, health plans public, the national public policy of Mental Health and others in the field of mental health.
ARTICLE 28. ASSOCIATIONS OF PERSONS WITH MENTAL DISORDERS, THEIR FAMILIES OR CARERS. Without prejudice to the exercise of freedom of association established in the Political Constitution, associations, corporations or foundations of persons with disabilities mental, their families or caregivers will be part of the networks or support groups for the promotion of mental health and mental illness prevention in accordance with the provisions of article 13 of the present law.
The Ministry of Social Protection will issue the technical guidelines for compliance with the provisions of this article, in a term not exceeding eight (8) months from the time of the law.
ARTICLE 29. NATIONAL MENTAL HEALTH COUNCIL. The specialized instance set up in Article 10 of Law 1566 of 2012 will be called the National Mental Health Council and will be the responsible instance of monitoring and evaluation of the orders entered in Law 1566 of 2012 and this law, National Policy of Mental Health, National Policy for the reduction of the consumption of narcotic or psychotropic substances and their Impact, National Public Policy on Prevention and Attention to Substance Addiction Psychoactive and the Decennial Plan for Public Health regarding mental health.
This Council will have consultative status under the coordination of the Ministry of Health and Social Protection through the Directorate of Public Health, which will exercise the technical secretariat of the Ministry and will convene at least two (2) times a year.
The Council is a mixed instance consisting of:
1. El-Minister-to Health and Social Protection or Deputy Minister Delegate, who will preside over it.
2. The Ombudsman-to the People or its delegate.
3. The Director-a de Salud Pública, who will exercise the technical secretariat in an inselectable manner.
4. One (1) representative of each of the following schools, professional councils or associations, Colombian Psychiatric Association, Colombian College of Psychologists, National Association of Nurses, National Council of Social Work, Federation Medical Colombia, Colombian Association of Professionals in Prehospital Care, Emergencies and Disasters, Colombian Association of Occupational Therapy.
5. Two (2) representatives of health service providers: One of the Colombian Association of Hospitals and Clinics; and one of the Colombian Association of State Social Enterprises and Public Hospitals ACESI.
6. Two (2) representatives of patient associations, their family members or caregivers of pathologies in Mental Health.
7. One (1) representative of the associations of Faculties of Health Sciences.
8. One (1) representative of the Faculty of Social Sciences.
9. One (1) representative of the social and community organisations.
In accordance with the provisions of Article 10 of Law 1566 of 2012, the functions of this council shall be supported by an interdisciplinary, adequate and sufficient functional team of public servants of the Ministry plant experts in the formulation, delivery, audit and quality of services in mental health and reduction of the consumption of psychoactive substances.
The representatives of the professional organizations, patients and others mentioned in this article will be chosen by them, and their designation will be officially communicated to the Technical Secretariat of the same.
PARAGRAFO. In each of the departments of the country, the Department of Mental Health will be formed, led by the Departmental Health Department, who will be responsible for shaping and convening the Council. which shall be composed of the respective secretaries of health or who does its times in the municipalities that make up the department and by the representatives of each association in the department mentioned in this article according to the existence of such partnerships in the Department.
These Departmental Councils will give an annual report in the terms of this article to the Ministry of Health.
ARTICLE 30. FUNCTIONS OF THE NATIONAL MENTAL HEALTH COUNCIL. These are Council functions:
1. Prepare and present relevant concepts and recommendations to the relevant entities and entities from the participatory and periodic monitoring and evaluation of the implementation and compliance of Law 1566 of 2012, This law, National Policy on Mental Health, National Policy for the reduction of the consumption of narcotic or psychotropic substances and their impact, National Public Policy of Prevention and Attention to the addiction of psychoactive substances, the care model, mental health guidelines and protocols, Conpes and the Decennial Plan for public health in relation to mental health.
2. Review the implementation of national and departmental action plans for compliance with the laws and instruments indicated in the previous number.
3. To raise inter-sectoral and cross-sectoral joint actions that impact prevention and comprehensive mental health care.
4. Recommend new administrative and technical processes that arise from research, monitoring and evaluation of the laws and instruments referred to in the numeral 1.
5. Submit and report annually a comprehensive report of management, evaluation, results and compliance with the laws, policies and plans outlined in the number 1 to the Attorney General's Office, Comptroller General of the Republic, People, National Superintendency of Health and Constitutional Septimate Committees of the Congress of the Republic for their competence.
CRITERIA FOR A PUBLIC MENTAL HEALTH POLICY.
ARTICLE 31. NATIONAL PUBLIC MENTAL HEALTH POLICY. The Ministry of Health and Social Protection has sixteen (16) months from the date of issue of this law to adjust and issue by administrative act the National Health Policy. Mental according to the normative changes and the current epidemiological profile of the country.
This policy should be formulated and implemented under a rights, intersectoral, co-responsible and equitable approach, in conjunction with other existing public policies, including among other elements: comprehensive care through the promotion of mental health, prevention of individual and collective mental health problems, as well as mental disorders through detection, timely referral, follow-up, comprehensive treatment and psychosocial rehabilitation, and continues in the community with direct support from local health authorities.
This policy should include a National Plan of Mental Health for each five-year period in line with the Decennial Plan for Public Health. The first plan will correspond to the actions recorded in the first Decennial Plan for Public Health.
ARTICLE 32. NATIONAL HEALTH OBSERVATORY. Without prejudice to the provisions of Articles 8or 9or Law 1438 of 2011, the I National Health Observatory will organize a key area of Mental Health and Psychoactive Substance Consumption work and specifically in this area should:
1. Organize a key work area in Mental Health and Psychoactive Substance Consumption.
2. Generate up-to-date, valid, reliable and timely information for policy formulation and guidance for interventions in the area of Mental Health and Psychoactive Substance Consumption.
3. To allow the diagnosis of the mental health situation of the Colombian population through the examination and evaluation of the trends and distribution of the indicators of Mental Health and its effects on the health and general development of the country.
4. Generate a technology platform for the continuous training of human talent in mental health, the recording of indicators and figures in real time, among other applications.
PARAGRAFO. The Mental Health and Psychoactive Substances Observatory of the Ministry of Health and Social Protection will pass on its integrity to be part of the National Health Observatory as an area of the of this Article within a period not exceeding six months from the date of validity of this law.
ARTICLE 33. CROSS-SECTORAL AND CROSS-SECTORAL ACTION. The Ministry of Social Protection or the entity that will do its times and the territorial health authorities will develop under the National Mental Health policy the transectorial action and intersectoral necessary and relevant to address the social determinants that condition the state of people's mental health.
PARAGRAFO. Among the cross-sectoral actions, we must promote, strengthen and manage what is necessary to guarantee citizenship their integration into the school, family, social and work environment, as a fundamental objective in the development of the autonomy of each of the subjects.
ARTICLE 34. POSITIVE MENTAL HEALTH. The Ministry of Social Protection or the entity that does its times, will prioritize in the National Public Policy of Mental Health, positive mental health, promoting the relationship between mental health, environment, activity physical, food security, and nutritional security as determining factors in the development of people's autonomy.
MENTAL HEALTH INFORMATION SYSTEM.
ARTICLE 35. EPIDEMIOLOGICAL SURVEILLANCE SYSTEM. The Ministry of Health and Social Protection, the departmental, district and municipal health departments through the National Health Observatory must implement surveillance systems. epidemiological events of interest in mental health including: violence, consumption of psychoactive substances, suicidal behavior, victims of armed conflict, among others, that allow the strengthening of existing systems such as the system Epidemiological surveillance in intra-family violence, sexual violence, child abuse and worse forms of child labour (Sivim), system of epidemiological surveillance on psychoactive substances (Vespa), external cause injury surveillance system (Sisvelse), and the Individual Register of the Prstation Health Services.
