Employers will be obliged to introduce mental health services and a body will be created to control them - the Rada has approved the bill

In addition, another body will be created in Ukraine - the National Commission on Mental Health, which will be financed, among other things, from the budget, reports the Judicial and Legal Newspaper.

On November 21, the Verkhovna Rada adopted as a basis the draft law on the mental health care system in Ukraine No. 12030. The draft law was approved by the relevant committee of the Rada, headed by Mykhailo Radutskyi.

Thus, the Labor Code will stipulate that the employer shall establish a mental health service.

In addition, each employer must develop and approve a policy or plan to protect and promote mental health in the workplace.

Accordingly, the Labor Protection Law establishes that an employee has the right to psychosocial support in the workplace, for which the employer shall take measures specified by law, develop and implement a policy or plan for the protection and promotion of mental health in the workplace.

It is also established that an employer with 50 or more employees shall establish a mental health service.

At an enterprise with fewer than 50 employees, the functions of the mental health service may be performed on a part-time basis by persons with appropriate training.

At an enterprise with fewer than 20 employees, third-party specialists with appropriate training may be engaged on a contractual basis to perform the functions of the mental health service. The functions and powers of the mental health service and its standard regulations are approved by the Cabinet of Ministers.

In addition, the provision stating that in order to prevent harm to public health, the use of hypnosis, suggestion, and other methods of psychological and psychotherapeutic influence is allowed only in places and in accordance with the procedure established by the Ministry of Health is excluded from the Fundamentals of Healthcare Legislation.

To monitor compliance with the requirements, it is proposed to create a National Commission on Mental Health, which is supposed to function within the system of executive authorities and be funded from the budget and other non-prohibited sources.

The National Commission will be responsible, among other things, for the creation and maintenance of the State Register of Self-Regulatory Organizations in the field of mental health and the Register of Mental Health Service Providers; certification of mental health professionals, as well as the authority to control the quality and scope of mental health services provided, control and supervision of compliance with mental health legislation, state standards, criteria and requirements, norms and ethical principles, etc.

According to the MPEU, it can be concluded that the National Commission is vested with power within the system of executive authorities to resolve a certain share of public affairs on behalf of the state. That is, in fact, the National Commission has the characteristics of a central executive body, and therefore the procedure for its formation and operation, as well as the legal status of its employees, should be subject to the provisions of the Law of Ukraine "On Central Executive Bodies". However, a number of provisions of the draft law contain provisions that do not comply with the provisions of the said Law (e.g., the exercise of powers by the members of the National Commission "on a voluntary basis" and the absence of the status of civil servants for them and the employees of the Secretariat of the National Commission, the absence of a clear requirement for funding from the state budget).

"In addition, we would like to note that, in our opinion, this approach to regulating the activities of an entity with power contains corruption risks," the Main Scientific and Expert Department of the Parliament emphasized.

Author: Natalia Mamchenko