Section 12Sec./Art. 12

Internal Review Board. - Public and private health facilities are mandated to create their respective internal review boards to expeditiously review all cases, disputes, and controversies involving the treatment, restraint or confinement of service users within their facilities.

(a) The Board shall be composed of the following:

(1) A representative from the Department of Health (DOH);

(2) A representative from the CHR;

(3) A person nominated by an organization representing service users and their families duly accredited by the Philippine Council for Mental Health; and

(4) Other designated members deemed necessary, to be determined under the implementing rules and regulations (IRR).

(b) Each internal review board shall have the following powers and functions:

(1) Conduct regular review, monitoring, and audit of all cases involving the treatment, confinement or restraint of service users within its jurisdiction;

(2) Inspect mental health facilities to ensure that service users therein are not being subjected to cruel, inhumane, or degrading conditions or treatment:

(3) Motu propio, or upon the receipt of a written complaint or petition filed by a service user or a service user's immediate family or legal representative, investigate cases, disputes, and controversies involving the involuntary treatment, confinement or restraint of a service user; and

(4) Take all necessary action to rectify or remedy violations of a service user's rights vis-à-vis treatment, confinement or restraint, including recommending that an administrative, civil or criminal case be filed by the appropriate government agency.