Summary.
The bill proposes to expand Law 364 of 2023 to address grief, significant losses and trauma across health, education and community support systems. Its objectives include identifying physical, psychological, emotional and behavioral symptoms through health professionals; reviewing early intervention protocols; promoting cooperation across sectors; providing access to therapeutic settings; conducting awareness campaigns; and evaluating and following up with patients.
It adds definitions to Article 3 of that law covering community support, primary care, crises and crisis intervention, grief, loss and significant loss. It also defines emotions, psychological processes, psychoeducation, support networks, psychoemotional health, coping strategies, grief-related disorders, trauma and psychological trauma. Primary care encompasses early detection, initial management and referral to specialized services.
It amends Article 4 to recognize mental health as a right of every person under the Political Constitution of the Republic (Constitución Política de la República) and applicable international rules. It provides for programs and services throughout the country covering promotion, prevention, treatment and rehabilitation, while taking account of the effects of grief, loss and trauma during assessment, diagnosis and social reintegration. It provides for participation by family or a primary support network. The text also amends Article 5, setting out rights to information, care, confidential access to records, emergency treatment, consent and participation in decisions, among others. It adds protection against discrimination and employment leave, supported by medical certificates, to see mental health professionals, without prejudice to the Labor Code (Código Laboral). People experiencing grief, significant loss or trauma could request leave for part of a working day, subject to prior notice and subsequent verification; implementing rules would determine when it is paid.
The amendment to Article 8 expands state duties concerning comprehensive care, nationwide coverage, service availability, anti-stigma campaigns, psychoeducation, research and training for health, education and community personnel. It includes responsible reporting on deaths and traumatic events, support for community networks through municipal governments and community boards, reviews of programs and campaigns in community and health centers, and self-care workshops for professionals. New Article 9-A proposes teletherapy, self-care applications and follow-up systems, together with training and confidentiality protocols consistent with Law 81 of 2021.
A new chapter provides for interdisciplinary care in the public, social security and private sectors, without discrimination or a requirement for a prior diagnosis. It sets out duties for people receiving care and responsibilities for parents, guardians or custodians of minors. It provides for risk identification, immediate crisis intervention, facilities that safeguard confidentiality, access to medicines, support networks and psychotherapy following traumatic losses. It requires care and follow-up when the Public Prosecutor’s Office (Ministerio Público), the National Secretariat for Children, Adolescents and the Family (Secretaría Nacional de la Niñez, Adolescencia y Familia), the Ministry of Education (Ministerio de Educación), the Ministry of Women (Ministerio de la Mujer), the Ministry of Social Development (Ministerio de Desarrollo Social) or another institution learns of a case, until its final resolution. It also provides for psychoeducational materials and campaigns in public and private educational institutions. Finally, it proposes a consolidated text on mental health and commencement on the day after promulgation in the Official Gazette.
The public bodies named above, municipal governments and community boards are connected with the bill’s provisions. The health, social security, education, news media, employment, community services and support organization sectors could also be affected.
What it proposes.
- Care for grief, significant losses and trauma.
- Mental health rights and duties.
- Nationwide coverage, community support and psychoeducation.
- Digital tools and confidentiality of care data.
Who it would affect.
- People affected by grief, significant losses or trauma.
- Mental health professionals and service providers.
- Public institutions and public and private educational institutions.
- Employers of people requesting leave for psychological care.
Key points.
- It proposes to incorporate grief, significant losses and trauma into health, education and community care.Arts. 1-2
- It adds definitions covering primary care, community support, crises, grief, losses, coping and trauma.Art. 3
- It expands mental health service coverage and rights to care, and includes employment leave for psychological care.Art. 4
- It expands state duties concerning coverage, awareness, psychoeducation, training and community support.Art. 6
- It provides for teletherapy, self-care applications and follow-up systems governed by confidentiality protocols.Art. 7
- It creates a chapter on interdisciplinary care, duties of people receiving care and institutional follow-up of cases.Art. 8
- It proposes a consolidated text on mental health and sets commencement for the day after promulgation.Arts. 9-10