SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH EVALUATIONS OF SERVICE MEMBERS - THE BRANDON ACT:

CLASSIFICATION: UNCLASSIFIED//

ROUTINE

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NAVADMIN 166/23

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SUBJ/SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH EVALUATIONS OF SERVICE 
MEMBERS - THE BRANDON ACT//

REF/A/DOC/DOD/05MAY23//
REF/B/MSG/SECNAV WASHINGTON DC/111916ZJUL23//
REF/C/DOC/OPNAV N17/JUL23//
REF/D/MSG/SECNAV WASHINGTON DC/222101ZFEB23//
REF/E/DOC/DOD/17AUG11//
REF/F/DOC/DOD/13JUL22//
REF/G/DOC/DOD/28MAR13//

NARR/REF A IS DIRECTIVE-TYPE MEMORANDUM 23-005, SELF-INITIATED REFERRAL 
PROCESS FOR MENTAL HEALTH EVALUATIONS OF SERVICE MEMBERS.
REF B IS ALNAV 054/23, IMPLEMENTATION OF BRANDON ACT.  
REF C IS THE MENTAL HEALTH PLAYBOOK VERSION 1.1.  
REF D IS ALNAV 015/23, INDIVIDUAL MEDICAL READINESS ELEMENTS, GOALS, AND 
METRICS POLICY UPDATE.  
REF E IS DEPARTMENT OF DEFENSE INSTRUCTION 6490.08, COMMAND NOTIFICATION 
REQUIREMENTS TO DISPEL STIGMA IN PROVIDING MENTAL HEALTH CARE TO SERVICE 
MEMBERS.  
REF F IS DEPARTMENT OF DEFENSE INSTRUCTION 6490.04, MENTAL HEALTH EVALUATIONS 
OF MEMBERS OF THE MILITARY SERVICES.  
REF G IS DEPARTMENT OF DEFENSE INSTRUCTION 6495.02, VOLUME 1, SEXUAL ASSAULT 
PREVENTION AND RESPONSE:  PROGRAM PROCEDURES.//

RMKS/1.  This NAVADMIN sets forth the self-initiated referral process for the 
mental health evaluation of Service Members as directed in references (a) and 
(b), commonly referred to as the Brandon Act.  This NAVADMIN applies to 
Service Members serving on Active Duty assigned to Navy commands.  This 
NAVADMIN ensures prompt implementation of reference (a) for Service Members 
serving on Active Duty with Navy commands.  For Service Members not serving 
on Active Duty, command plans and arrangements for referral requests will be 
established as soon as practicable.

2.  Seeking Help Overview
    a.  Said simply, mental health is health, and the health of our people is 
critical to being ready to fight and win.  For most Sailors, mentorship, 
support, and problem-solving skills will give them what they need to stay in 
the fight.  In addition, command programs such as Warrior Toughness and 
Expanded Operational Stress Control are designed to help provide additional 
skills and coping mechanisms for managing the stress that accompanies 
military service.
     b.  However, there are times when our people need additional help, and 
seeking this help is a sign of strength.  As a result, Navy commanders, 
leaders, supervisors, and civilian and military managers at all levels must 
continue to normalize talking about mental health issues, destigmatize 
seeking mental health care, and strongly encourage Service Members to make 
use of health and mental wellness resources throughout their careers.
    c.  To make it easier for commands and Service Members to navigate the 
care options available, Navy produced the Mental Health Playbook, which has 
been updated to support this NAVADMIN.
Reference (c) includes an abundance of helping options including, but not 
limited to, Chaplains, Military and Family Life Counseling, Military 
OneSource, embedded mental health counselors, Fleet and Family Support 
Centers, Military OneSource, and the Veterans Crisis Line.  As a best 
practice, Service Members should download the Mental Health Points of Contact 
or Mental Health Resources Roadmap fillable PDFs to record local contact 
information for the relevant resources before they are needed.  Files can be 
downloaded at the following website:  https://www.mynavyhr.navy.mil/Support-
Services/Culture-Resilience/Leaders-Toolkit/Mental-Health-Playbook.
    d.  Service Members serving on Active Duty may directly schedule an 
appointment through the military health system for mental health care without 
a referral from their Primary Care Manager (PCM).
This direct route is the most straightforward option and the specific steps 
will depend on the local resources available.  This option is currently 
unavailable for Selected Reserves (SELRES) and Individual Ready Reserve (IRR) 
Service Members.  Guidance for SELRES and IRR Service Members will be 
published in phase two in line with reference (a).
        (1) For Service Members in commands with an assigned embedded mental 
health provider (e.g., aircraft carriers, NECC, submarines), the embedded 
mental health provider is the primary source for mental health care.
        (2) For Service Members in units without an embedded mental health 
provider, Service Members may contact their local military mental health 
clinic or closest military treatment facility (MTF) to schedule an initial 
appointment with a behavioral health provider.
Service Members may also schedule an appointment by reporting directly to a 
MTF.
        (3) Service Members experiencing suicidal ideation constitutes an 
emergency.  Suicidal ideations are defined by thinking about, considering, or 
planning for suicide.
            (a) Service Members within the Continental United States
(CONUS) experiencing suicidal ideation should call the Veterans Crisis Line 
at 988 and press 1, or go directly to the nearest emergency room.
            (b) Service Members outside the Continental United States 
(OCONUS) experiencing suicidal ideation should call Europe:
00800 1273 8255 or DSN 118, Korea:  080-855-5118 or DSN 118,
Philippines:  Dial #MYVA or 02-8550-3888 and press 7.  For all other 
locations reach out via the Veterans Crisis Line by following the country 
code dialing procedures to call the CONUS 800 number (1-800-
273-8225 and press 1).  Alternatively, Service Members can open a chat at 
https://www.veteranscrisisline.net/get-help-now/chat/ and request a phone 
call from the crisis line responder who will call them at any OCONUS location 
or follow local procedures to access emergency care.

3. The Brandon Act does not change existing referral processes for network 
care. Military Service Members cannot be seen for specialty care including 
mental health care in the civilian healthcare network without a referral.  
Referrals to the network are made by the Service Member's PCM or Mental 
health professional (MHP) at the local MTF.

4.  Self-Initiated Referral for a Mental Health Evaluation
    a.  Service Members:
        (1) Service Members who prefer to have their chain of command 
involved with scheduling a mental health care appointment through the 
military health system, in line with reference (a), can receive assistance 
from the commanding officer (CO) or from a supervisor in paygrade E-6 and 
above by specifically requesting a self-initiated referral for mental health 
evaluation (MHE).
        (2) A self-initiated referral may be requested for any reason or on 
any basis including, but not limited to, personal distress, personal 
concerns, trouble performing duties, and functioning in daily activities that 
may be attributable to possible changes in mental health.  Service Members 
are not required to provide a reason or basis to request and receive a 
referral.  This process is considered a voluntary, self-initiated referral 
and is not the same process directed for a command-directed MHE.
        (3) Service Members serving on Active Duty may request a self-
initiated referral at any time and in any environment including, but not 
limited to:
            (a) Assigned to CONUS locations.
            (b) Assigned to OCONUS locations.
            (c) In a deployed setting.
            (d) Assigned to a temporary duty station.
            (e) On leave.
       (4) Mental health issues that may affect Service Members'
readiness to deploy, ability to perform their assigned mission, or fitness 
for retention in military service are reportable medical issues in line with 
reference (d).  Service Members have a responsibility to report mental health 
issues that may impact their individual medical readiness status, such mental 
health issues must be reported to their command in line with reference (d).
    b.  A supervisor is defined by reference (a) as a member of the Armed 
Forces within or out of a Service Member's official chain of command who 
exercises supervisory authority over the Service Member and who is authorized 
in line with reference (a) to make a referral for a MHE.  Referral requests 
made to civilian supervisors will be forwarded to an appropriate uniformed 
member (as determined by the civilian supervisor and consistent with 
reference (a)) who exercises supervisory authority over the requesting 
Service Member.  COs or supervisors, as defined in reference (a), who are in 
the grade of E-
6 or above must:
        (1) Ensure measures are in place so Service Members under their 
leadership understand the procedures to request a self- initiated referral 
for a MHE.  Service Member requests for mental health support are 
opportunities for leaders to connect with their Service Members and further 
establish trust through use of active listening skills.  See reference (c), 
section 2 "Having Effective Conversations with People in Need" for guidance 
on active listening.
        (2) Refer the Service Member to a mental health provider for a MHE as 
soon as practicable.
            (a) In making the referral, the CO or supervisor must consider 
the unique circumstances of the timing of the self- initiated referral, 
including the accessibility of MTFs, clinics, and embedded mental health 
services, as well as the availability of mental health providers.  As 
applicable, COs or supervisors should use existing mental health resources 
and processes (e.g., embedded mental health) to connect Service Members with 
MHEs and care.
            (b) Supervisors may call the local mental health clinic or 
closest MTF to schedule the Service Member's initial MHE.
Supervisors may also accompany the Service Member to the clinic in person to 
schedule their appointment.
            (c) Supervisors will provide the Service Member with the date, 
time, and place of the scheduled MHE.  Supervisors are not entitled to 
information from a mental health provider regarding the results of the MHE 
except for information that may be disclosed to command in line with 
references (c) and (e).  Supervisors may call the clinic to confirm 
completion of the MHE and inquire on any duty limitations only.
            (d) For Service Members assigned to locations without a mental 
health provider, telehealth options will suffice.  If no telehealth option is 
available, schedule the Service Member with an appropriately privileged 
primary care provider.
            (e) If COs have concerns about Service Member behavior, 
significant changes in performance, or fitness for duty, please see reference 
(f) for command-directed MHE procedures.
        (3) If a Service Member voluntarily shares information indicating 
that they were the victim of a sexual assault, the CO, leadership team, or 
other member of the chain of command must comply with the requirements in 
reference (g) and all other applicable policy.  A Service Member's decision 
to share or not share such information does not affect their ability to make 
a restricted report pursuant to reference (g).
        (4) Reduce stigma by treating referrals for MHEs in a manner similar 
to referrals for other medical services, to the maximum extent practicable.
    c.  Mental Health Providers
        (1) Administer the mental health evaluation as soon as practicable.
        (2) Communicate with the CO or supervisor consistent with references 
(c) and (e).  Follow all appropriate guidance in line with requirements for 
the confidentiality of health information pursuant to the Health Insurance 
Portability and Accountability Act of 1996, applicable privacy laws, and 
associated Department of Defense guidance.  Disclosures to the command are 
limited to confirming that the MHE was provided pursuant to the referral, a 
disclosure authorized by reference (e), and any other disclosure for which 
the Service Member provided authorization.
        (3) Assess Service Member fitness for duty and document all MHEs in 
the medical record.

5.  Annual Training Requirement.  Upon release of developed training, COs, 
supervisors, and Service Members will receive annual training, on how to 
recognize personnel who may require a MHE, the process of how a Service 
Member may obtain a self-initiated referral for a MHE, and privacy 
protections.

6.  Questions about the self-initiated referral process for MHEs of Service 
Members should be directed to Ms. Leah Fletcher, Navy Culture & Force 
Resilience Office, e-mail Leah.M.Fletcher6.civ@us.navy.mil and Captain 
Melissa Lauby, Bureau of Medicine and Surgery, e-mail 
Melissa.D.Lauby.mil@health.mil.

7.  Released by Vice Admiral Richard J. Cheeseman, Jr., N1.//

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CLASSIFICATION: UNCLASSIFIED//