Philippine Health Security and Emergency Act

• Senate 'Office of the eiretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session DEC -3 P1:29 SENATE RECEIVED BY: S.B. No. 1570 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT STRENGTHENING PHILIPPINE HEALTH SECURITY AND EMERGENCY PREPAREDNESS, READINESS AND RESPONSE AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE The pandemic solidified the weaknesses in the public health system and social safety nets. The healthcare infrastructure that is already distraught by a shortage of physicians and unequal resource distribution, was thinly spread, forcing the postponement of essential, non-COVID health services. This disruption resulted in significant backlogs across all routine and preventative care, creating secondary health crises whose impacts will play out over the coming years. Therefore, a whole-of-government and whole-of-society approach to public health emergency response is needed. It would require enhanced national-local and multi-stakeholder coordination mechanisms. At the same time, as a State party to the International Health Regulations (IHR), the Philippine government is required to develop minimum core capacities to detect, assess, report, and respond to acute public health events and emergencies. To assess and build our IHR core capacities, the World Health Organization (WHO) and the Department of Health (DOH) engaged in its second Joint External Evaluation (JEE) in November 2024 with experts from countries including Singapore, Jamaica, New Zealand, Tonga, China, and Japan. The Overarching Recommendations from the 2024 JEE focused on establishing and empowering a National IHR Authority; developing and implementing a fully costed National Action Plan for Health Security (NAPHS); developing and implementing a Unified, Multisectoral Workforce Strategic Plan; and developing, implementing, and exercising multisectoral standard operating procedures.

It is high time to adhere to the overarching recommendations contributed by experts to enable our health sector to lead in the realization and implementation of our IHR commitments with an end view of saving more lives and preventing social disruption in time of public health security and emergencies. In light of this, the immediate passage of this bill is earnestly sought. tracheroe - saraguee RISA HONTIVEROS Senator

office of the Anotectary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 DEC -3 P1:29 SENATE RECEIVED BY: S.B. No. 1570 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT STRENGTHENING PHILIPPINE HEALTH SECURITY AND EMERGENCY PREPAREDNESS, READINESS AND RESPONSE AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION. 1. Short Title. - This Act shall be known as the "Philippine Health

2 Security and Emergency Act".

Sec. 2. Declaration of Policy. - The 1987 Constitution (Article II, Section 15)

declares that the State shall protect and promote the right to health of the people and 5 instill health consciousness among them. As a State Party to the International Health Regulations (IHR), the Philippines is required to build its core capacities to detect, assess, report and respond to public health 8 events and emergencies. In light of a more coordinated implementation of the IHR, the State shall Invest in preparedness, readiness and response to prevent and protect its people against the spread of diseases and other health hazards, as part of broader efforts to move towards universal health care.

Sec. 3. General Objectives. -

a. Establish an overarching national action plan for health security and emergency which will harmonize the implementation of the IR. b. Create a high-level and health-sector led inter-agency body that will develop and ensure the implementation of the national action plan for health security and emergency.

c. Foster the institutional capacity of the health sector to lead the prevention, detection and response in the event of a public health emergency resulting from an outbreak of a contagious and/or infectious disease, and biological, chemical, or nuclear attack.

Sec. 4. Definition of Terms - For purposes of this Act, the following terms are

herein defined: a. Biological Attack - refers to an attack against the population with the use of weapons employing biological agents. b. Chemical Attack - refers to an attack against the population with the use of weapons employing chemical agents. c. Contagious disease - refers to a disease that can be transmitted from person to person, animal to person, or insect to person. d. Health Security - refers to the activities required to minimize the danger and impact of acute public health events that endanger the collective health of the population; e. Infectious disease - refers to a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person. f. International Health Regulations - refer to a legally binding instrument of international law that aims to assist countries to work together to save lives and livelihoods endangered by the international spread of diseases and other health risks and avoid unnecessary interference with international trade and travel; g. National Action Plan for Health Security - refers to a country owned, multi-year, planning process that can accelerate the implementation of IHR core capacities and is based on with One Health and whole-of government approach for all hazards. It captures national priorities for health security, brings sectors together, identifies partners and allocates resources for health security capacity development. The NAPHS also provides an overarching process to capture all ongoing preparedness initiatives in a country along with a country's governance mechanism for emergency and disaster risk management;

h. National IHR Focal Point - refers to the national center, which shall be accessible at all times for communications with the World Health Organization (WHO) International Health Regulations (IHR) contact points in the WHO regional offices; i. Nuclear Attack - refers to an attack against the population with the use of weapons employing nuclear agents. j. Public Health Emergency - refers to the occurrence or imminent risk of an illness or health condition that may be caused by epidemic or pandemic disease, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, and serious socio-economic impact. k. Public Health Risk - refers to an event that: a. might adversely affect the health of human populations; and b. satisfies any one or more of the following conditions: i. the health effects of the event might spread within the Philippines; ii. the health effects of the event might spread between the Philippines and another country; ill. the health effects of the event might spread between two (2) other countries; iv. the event might present a serious and direct danger.

Sec. 5. Formulation of the Philippine National Action Plan for Health Security

and Emergency (PNAPHSE) - There shall be created a Philippine National Action Plan for Health Security and Emergency (PNAPHSE), which shall include the following: a. Holistic government-wide review and assessment of domestic legislation and policies, its funding, implementation and impact, to inform possible development and amendments where needed to ensure compliance with the IHR. b. Identification and prioritization of activities based on risk assessment, monitoring and evaluation, detailed costing of activities, and mapping resources. c. Creation of a multi-hazard emergency response plan with:

a. Existence of a coordination mechanism, incident management systems, and public health emergency operation center; b. Existence of public health emergency operation centers maintaining trained, functioning, multi-sectoral rapid response teams; and c. Existence of a coordinated emergency response team capable of activating a coordinated emergency response within 120 minutes of the identification of an emergency.

Sec. 6. Technical Priority Areas of PNAPHSE. - The PNAPHSE shall act on the

following: a. Antimicrobial resistance. - Strengthen infection prevention and control at all health care facilities and animal husbandry; b. Zoonotic Disease. - Ensure that the activities of the Philippine Inter Agency Committee on Zoonoses are conducted and its national zoonoses control plans are reviewed regularly; c. Food safety. - Conduct risk-based food inspection and food monitoring to strengthen the capacity to response in foodborne disease outbreaks; d. Biosafety and Biosecurity. - Expand the inventories of dangerous pathogens in all sectors through registration, licensing and inspection; e. Immunization. - Ensure a nationwide vaccine delivery system that is able to respond to new disease threats, has effective distribution and accessible to marginalized populations; f. National Laboratory System. - Surveillance with a national laboratory system, with effective modern point of care, and laboratory-based diagnostics, that will include all relevant sectors; g. Chemical Events. - Develop a multi-sectoral and integrated chemical incident preparedness and recovery plan, incorporating an updated national chemical profile and hazard map; h. Radiation Emergencies. - Surveillance and response capacity for radiological emergencies and nuclear accidents; and i. Other priority areas identified based on the guidelines by the WHO.

Sec. 7. Creation of the Philippine National Health Security and Emergency

Council 21 (PNHSEC). - There is hereby created the Philippine National Health Security

1 Council (PHSEC), which will lead and coordinate the planning, implementation, monitoring and evaluation of PNAPHSAE.

Sec. 8. Powers and Functions of the PNHSEC. - The Council shall perform the

following functions: a. Develop the PNAPHSE, in collaboration with relevant government agencies, local government units (LGUs), private sectors, civil society organizations (CSOs), and other stakeholders; b. Ensure the operationalization and implementation of the PNAPHSE; c. Strengthen the collaboration between government agencies, local governments, private sector and civil society organizations involved in the implementation of the PNAPHSE; d. Form committees, task forces, and/or working groups necessary to aid in the performance of the duties of the PNHSEC and implementation of PNAPHSE and this Act; e. Develop and ensure the implementation of the guidelines and policies provided in this Act, including other policies that may be necessary to implement the PNAPHSE; f. Enhance data quality, timeliness and completeness to improve indicator based and event-based surveillance performance; g. Ensure that there are skilled and competent health personnel for sustainable and functional public health surveillance and response at all levels of the health system and the effective implementation of IHR; h. Establish preparedness and ensure efficient government response to assess, monitor, contain, control, and prevent the spread of any potential epidemic in the Philippines; i. Designate and maintain core capacities at international airports and ports that implement specific public health measures required to manage a variety of public health risks; j. Institute efficient mechanisms to address concerns over cybersecurity of medical devices and hospital networks and prevention of cybersecurity breaches that affect the operation of medical device;

k. Monitor the progress of the commitment of the country to the International Health Regulations (IHR) of the World Health Organization (WHO); I. Monitor the implementation of the PNAPHSE, undertake regular assessments and evaluate its impact; m. Mobilize sources of funds for the PNAPHSE; n. Mobilize its members to conduct monitoring and evaluation of programs, policies, and services within their mandate; o. Coordinate, organize, and work in partnership with foreign and international organizations regarding funding, data collection, research, and ensure foreign funded programs are aligned to the national response; p. Advocate for policy reforms to Congress and other government agencies to strengthen the country's health security and emergency preparedness, readiness and response; q. Submit an annual report to the Office of the President, Congress, and the members of the Council; r. Provide the public with daily updates, news bulletins or briefings on the progress of the management and containment of the public health emergency and shall endeavor to prevent or stop the spread of misinformation; s. Identify the gaps in the national response on the part of government agencies and its partners from civil society and international organizations, in order to develop and implement initial interventions required in health security situations; t. Enhance the accountability and stewardship of Local Government Units (LGUs) for IHR related goals through enhancing their awareness and capacity on IHR; u. Recommend policies and programs that will institutionalize or continue the Interventions required in addressing the gaps identified in the national response to health security; v. Facilitate and support health security initiatives and activities at the local 14 level; and

w. In addition to the powers and functions enumerated under the preceding paragraph, the members of the PNHSEC shall also develop and implement individual action plans, which shall be anchored to and integrated in the PNAPHSE. Such action plans shall be based on the duties, powers, and functions of the Individual 20 agencies as identified under Section 8 of this Act.

Sec. 9. Membership and Composition of PNHSEC- The PNHSEC shall be

composed of the following: a. Chairperson: • The Secretary of Health b. Permanent Members • The Executive Secretary • The Secretary of National Defense • The Secretary of Justice • The Secretary of Foreign Affairs • The Secretary of Budget and Management • The Secretary of Finance • The Secretary of Socio-Economic Planning • The Secretary of Interior and Local Governments • The Secretary of Trade and Industry • The Secretary of Agriculture • The Secretary of Environment and Natural Resources • The Secretary of Social Welfare and Development • The Secretary of Education • The Secretary of Labor and Employment • The President or Secretary General of League of Provinces of the Philippines • The President or Secretary General of League of Cities of the Philippines; • The President or Secretary General of League of Municipalities of the Philippines • The President or Secretary General of the Liga ng mga Barangay

• Four (4) Representatives from Civil Society Organizations • Four (4) Representatives from the Private Sector • Two (2) Representatives from Medical Societies and Associations C. Ex-Officio Members: • The Secretary of Tourism • The Secretary of Transportation • The Secretary of Information and Communications Technology • The Press Secretary • The Chairperson of the Commission on Higher Education • The Chief of Staff of the Armed Forces of the Philippines • The Chief of the Philippine National Police • The Director of the National Bureau of Investigation • The National Security Adviser • The Director General of the National Intelligence Coordinating Agency • The Executive Director General of the Technical Education and Skills Development Authority • The Executive Director of the Philippine Council for Health Research and Development • The President of the Philippine Health Insurance Corporation • The Director General of the Food and Drug Administration • The Director of the Research Institute for Tropical Medicine • The Director of the Bureau of Quarantine • The Director of the Epidemiology Bureau • The Director of the Disease Prevention and Control Bureau • The Director of the Disease Emergency Management Bureau • The Chairperson of the Committee on Health and Demography of the Senate of the Philippines • The Chairperson of the Committee on Health of the House of Representatives • The President or Secretary General of the Union of Local Authorities of the Philippines

The Secretary of Health shall be the permanent Chairperson of the PNHSEC. 2 There 8 shall be a Vice Chairperson to be designated by the permanent members of the PNHSEC. Members of the PNHSEC representing the civil society, private sector and medical societies shall be selected from among their respective ranks based on the criteria and mechanisms to be set by the PNHSEC. The President shall appoint representatives from these sectors and shall serve for a term of three (3) years, renewable upon the recommendation of the PNHSEC for a maximum of two (2) consecutive terms. They may receive honorarium and allowances in accordance with existing laws, rules, and regulations and in line with the performance of their duties and responsibilities as members of the PNHSEC. The PNHSEC shall meet at least once every quarter. The presence of the Chairperson of the PNHSEC and at least 14 permanent members shall constitute a quorum to do business and a majority vote of those present shall be sufficient to pass resolutions and render decisions. The head of government agencies may be represented by a designated official whose rank shall not be lower than Undersecretary for permanent members and Assistant Secretary for ex-officio members or its equivalent. The PNHSEC shall be fully constituted not later than sixty (60) days after the enactment of this Act.

Sec. 10. The PNHSEC Secretariat - the secretariat, headed by an official

designated as Executive Director with a rank of Assistant Secretary, shall provide technical and administrative support to the PNHSEC. The Secretariat will be under the Office of the Secretary of Health. Within three months from the effectivity of this Act, the PNHSEC will initially be supported by the Disease Emergency Management Bureau until the Secretary of Health finalizes the organizational and operational plan of the PNHSEC.

Sec. 11. Organization at the Regional and Local Government Levels - For the

purposes of harmonizing and integrating health security and emergency preparedness, readiness and response policies, plans and programs, a regional, provincial, and city level health security and emergency council shall be formed.

The Regional Health Security and Emergency Council shall be under the Regional Development Council, headed by the Regional Director of the Department of Health, with its office as Council's Secretariat, and whose membership shall be based on the regional counterparts of the permanent members of the PHSEC and tasked to adopt and adapt the PNAPHSE based on the regional context. In the case of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), the Chief Minister shall have the power and duties to establish its own Health Security and Emergency Council and Plans pursuant to RA 11054 or the BARMM 9 Organic Law in coordination with the PNHSEC. Health Security and Emergency Councils (HSECs) shall be formed in the provinces and cities in line with the integrated health system wide approach as mandated by RA 11223 or the Universal Healthcare Law. The Provincial and City SECS shall be under the offices of Provincial Governor and/or City Mayors, headed by their respective health officers, with members coming from local counterparts of the permanent members of PNHSEC, and tasked to adopt and adapt the national and regional policies, plans and programs based on the provincial and city level Inter- municipality or inter-barangay health security and emergency risk assessments and preparedness, readiness and response. Provided further that nothing in this Act shall be construed as diminishing the powers and autonomies granted to local government units under RA 7160 or the Local Government Code and their primary responsibility of first responders.

Sec. 12. Authority of the PNHSEC Chairperson - The Chairperson of the PNHSC

may call upon any department, bureau, office, agency, or instrumentality of the government, including Government-Owned or Controlled Corporations (GOCCS), government financial institutions (GFIs), LGUs, non-government organizations (NGOs) and the private sector for assistance in terms of the use of their facilities and resources for the protection and preservation of life in the whole range of health security or as the circumstances and exigencies may require.

Sec. 13. Promulgation and Enforcement by the Chairperson of the PNHSEC -

The Chairperson of the PNHSEC is authorized to make and enforce such regulations as may be necessary to prevent the introduction, transmission, or spread of 32 communicable diseases from foreign countries into the Philippines.

For purposes of carrying out and enforcing such regulations, the Chairperson of the PNHSEC may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings and other measures.

Sec. 14. Declaration of State of Public Health Security and Emergency - The

PNHSEC, through the Secretary of Health, shall recommend to the President of the Republic of the Philippines the declaration of State of Public Health Security and 9 Emergency based on sufficient scientific evidences and technical investigations. The declaration shall authorize the President to mobilize governmental and nongovernmental agencies to respond to the threat, to warrant international humanitarian assistance, and to exercise powers granted under Republic Act No. 10121 when a State of Calamity exists.

Sec. 15. Coordination During Public Health Emergencies and State of Calamity

- In time of public health emergencies and of state of calamity, the Chairpersons, Vice Chairpersons, and Executive Directors of PNHSEC and the National Disaster Risk Reduction and Management Council (NDRMMC) shall constitute the Joint National Public Response Taskforce (JNPRT) to take the lead in the preparation, response and recovery from the effects of the public health security and emergency and the state of calamity. Members of the JNPRT shall immediately convene to set the criteria, policies, guidelines and mechanisms for coordination and operation during public health emergencies and state of calamity from the national, regional and local government levels.

Sec. 16. Funding Sources - As lead agency to carry out the provisions of this

Act, the DOH shall be allocated a budget of five billion pesos (Php5,000,000,000.00) revolving fund starting from the effectivity of this Act. The member-agencies of the PNHSEC are authorized to charge against their current appropriations such amounts as may be necessary for the implementation of this Act. Subsequent funding requirements shall be incorporated in the annual budget proposals of the respective member-agencies through the General Appropriations Act.

The local governments are authorized to charge against their Local Disaster Risk Reduction and Management Fund (LDRRMF) as provided by RA 10121 and Special Health Fund (SHF) provided under RA 11223 such amounts as may be necessary for the implementation of this Act subject to the guidelines to be developed by the DOH in consultation with the DBM and the LGUs. Additional funds and possible fund sources as may be necessary for the 7 implementation of this Act shall be identified and provided for by the Department of Budget and Management.

Sec. 17. Systematic Review and Evaluation - Within three (3) years after the

effectivity of this Act or as the need arises, the PHSEC, in coordination with the WHO, shall conduct joint external evaluation of the accomplishment and impact of this Act as well as the performance and organizational structure of the implementing agencies to determine the capacities and progress in the technical priorities under the IHR and the preparedness and readiness to respond to public health security threat and emergencies.

Sec. 18. Implementing Rules and Regulations (IRR) - The Secretary of Health,

in consultation with key stakeholders, shall issue the IR for the effective implementation of this Act within ninety (90) days after approval of this Act.

Sec. 19. Separability Clause - If any part, section or provision of this Act is held

invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect.

Sec. 20. Repealing Clause. - All other laws, decrees, orders, issuances, rules

and regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 21. Effectivity - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any newspaper of general circulation. Approved,