Medical Reserve Corps Act

Senate Hier of tie Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 DEC 17 P6:10 SENATE RECEIVED BY: S. No. 1636 Introduced by Senator MARK A. VILLAR AN ACT ESTABLISHING A MEDICAL RESERVE CORPS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The Constitution provides that the State protects and promotes the right to health of the people and to instill health consciousness among them. In line with this constitutional mandate, it is the policy of the State to maintain a strong and responsive healthcare system capable of addressing public health emergencies and health-related threats. An essential part of this policy is the establishment of a healthcare workforce that can be mobilized during crises to ensure adequate delivery of health services. However, the current healthcare system of the country has demonstrated significant limitations in capacity and efficiency, particularly during the COVID-19 pandemic, where hospitals and healthcare personnel were overwhelmed by the scale of the crisis. To address this, there is a need to establish a Medical Reserve Corps (MRC) composed of licensed medical professionals and trained volunteers. This reserve force will serve as an auxiliary to the existing healthcare workforce and can be deployed to meet demands during disasters and public health emergencies. This bill seeks to reduce the burden of current healthcare workers and strengthen the country's capacity to respond to public health needs. It aims to contribute to long-term national resilience by creating a permanent healthcare support system, therefore promoting public trust and ensuring the protection of general welfare.

In view of the foregoing, the approval of this bill is sought. MARK A. VILLAR

- Senate Allier of the abeertery TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25-- DEC 17 P$:10 SENATE 1636 RECEIVED BY: S. No. _ Introduced by Senator MARK A. VILLAR AN ACT ESTABLISHING A MEDICAL RESERVE CORPS, AND APPROPRIATING FUNDS THEREFOR 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 "Medical Reserve Corps

2 Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State

4 that it shall protect and promote the right to health of the people. Thus, the State 5 shall give utmost importance to the health of its people and shall swiftly and effectively 6 respond to public health emergencies. The State recognizes the need for a reserve force of highly skilled medically 8 trained professionals and volunteers who can be mobilized to maintain the capacity to 9 meet surges in the demand for the country's healthcare system and provide assistance 10 as may be needed in times of health crises. It is the policy of the State to maintain a strong, proactive and responsive healthcare system at all times, the workforce complements of which can be in times of public health emergency and health emergency and health threats. Towards this end, the State shall enhance the capacity of the nation to produce and call on the needed manpower and expand its human health resources in times of disasters and 16 public health emergencies through the mobilization of the Medical Reserve Corps.

Sec. 3. Medical Reserve Corps. - A Medical Reserve Corps (MRC) shall be

2 established whose primary mission is to support the country's health system in times 3 of public health emergencies or health threats, which shall be composed of the following: a) Licensed physicians including those who are retired and those who are no longer practicing in the hospital setting. The Department of Health (DOH) may coordinate and collaborate with the accredited integrated professional organization or accredited professional organization of physicians for the engagement of private practitioners; b) Medical students who have completed four (4) years of medical course, 11 graduates of medicine, and registered nurses who may be issued by the Secretary of 12 Health with a limited and special authorization to render medical service pursuant to 13 Republic Act No. 2382; and c) Licensed allied health professionals. The MRC shall be organized, trained, developed and maintained so as to ensure their readiness to immediately respond to the call to service.

Sec. 4. Organization. - The MRC shall be under the control and supervision of

the Health Emergency Management Bureau (HEMB) of the DOH. The DOH shall develop an effective and efficient MRC organization and structure that is responsive to national and local disasters and other public health emergencies, under such rules 21 and regulations as the Secretary of Health may prescribe.

Sec. 5. Registration and Training. - The DOH shall draft guidelines for the

recruitment, selection, compensation, and provision of incentives for joining and continued membership, and length of service of the MRC members. The DOH shall also prescribe a continuing training program for the MRC recruits and members, through written, practical and simulation activities on various aspects of health emergency management and response and on the different health emergency situations and scenarios, such as natural and man-made disasters, epidemics, pandemics, and other threats to public health. To this end, all recruits must undergo: a. Compulsory basic training for a period to be set by the DOH on disaster and health emergency response, the organization and structure of the MRC, and such other

1 areas as may be prescribed by the DOH. Recruits shall be given compensation for their 2 attendance thereto; and b. Continuing training and other activities to be conducted in coordination with 4 relevant and qualified agencies in the private and public sector, including the Armed Forces of the Philippines (AFP) and the National Disaster Risk Reduction and Management Council (NDRRMC), to improve and reinforce skills. All registered members shall undergo continuing training on a regular basis to upgrade their proficiency. Successful completion of the compulsory basic training shall be a requisite for admission into the MRC. Successful completion of activities in the continuing training 11 program shall be a requisite for promotion within the MRC.

Sec. 6. Registry and Accounting of Members of the MRC. - Registered members

of the MRC shall be issued individual serial numbers which will serve as their identification in case of deployment. The DOH shall maintain and update a registry or database containing the names of the members of the Corps, their serial numbers, address, contact details and such 17 other information as the DOH may determine, in accordance with applicable privacy 18 laws. For this purpose, all public and private colleges, universities and learning 19 institutions shall transmit annually their records of the graduates covered under this 20 Act to the DOH. An MRC Identification Card that describes the certification information of Corps members, as well as other necessary identifying information that may be determined by the DOH, shall also be issued. All graduates covered under this Act are required to update their addresses and contact details on file with the DOH as often as necessary. Orders of deployment sent to the addresses and/or through the contact details on file with the DOH shall be sufficient notice for purposes of deployment. In cases when a graduate has changed address immediately prior to deployment, the LGU shall immediately exert efforts to locate his known closest resident kin, who is then mandated to exert similar efforts. The use of digital communications and social media shall be encouraged in locating such graduates.

Sec. 7. Medical Reserve Corps Mobilization. - The prompt mobilization of the

MRC shall be carried out by authority of the Secretary of Health, upon the

1 recommendation of the Director of the HEMB or upon the request of national 2 government agencies or local government units (LGUs), in order to meet the needs of 3 the populace in times of public health emergencies, whether of local or national scale, and for such other purposes in response to threats to public health. The MRC may be mobilized partially or in full as may be necessary. The DOH 6 shall promulgate the mechanisms by which deployment is efficiently implemented, 7 including the organization of the Corps to be deployed, their territorial assignments, 8 how deployment orders are communicated to each member of the Corps and to which mobilization center they will report. As defined in Republic Act No. 11332, otherwise known as the "Mandatory 11 Reporting of Notifiable Diseases and Health Events of Public Health Concern Act," 12 public health emergency refers to an occurrence or imminent threat of an illness or health condition that: (1) Is caused by any of the following: (i) Bio terrorism; (ii) Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; (iTi) A natural disaster; (IV) A chemical attack or accidental release; (v) A nuclear attack or accident; or (vi) An attack or accidental release of radioactive materials; and (2) Poses a high probability of any of the following: (i) A large number of deaths in the affected population; (ii) A large number of serious injuries or long-term disabilities in the affected population; (iii) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population; (iv) International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of other countries; or (v) Trade and travel restrictions.

Sec. 8. Deployment Order. - The President of the Philippines, upon

2 recommendation of the DOH, may order the nationwide mobilization of the MRC to 3 complement the AFP Medical Corps in case of a declaration of a state of war, state of 4 lawless violence or state of calamity.

Sec. 9. Mobilization Centers. -There shall be established in each province as

6 many mobilization centers as needed to which members of the MRC shall report to 7 when mobilization is ordered. Mobilization centers may be any establishment or facility that can adequately 9 house the MRC members, and their equipment and supplies during the period of 10 deployment, including multi-purpose halls, gymnasiums, and other similar structures, based on other requirements that the DOH shall prescribe. The DOH shall, in consultation with the local executives, prescribe the location of the mobilization 13 centers. The local executives shall disseminate to the widest extent possible information to the public on the location of these centers.

Sec. 10. Mobilization Stock. - The minimum essential individual and

organizational and medical equipment and supplies shall be procured, stored, and maintained to enhance rapid transition to readiness required for employment in the 18 shortest possible time. The DOH shall ensure and maintain the necessary capacity to scale up the 20 procurement of these equipment and supplies as needed during the period of mobilization.

Sec. 11. Enlistment of the AFP. - The Secretary of Health may enlist the AFP to

provide expertise on the organization and structure of the MRC for efficient, effective and swift deployment, as well as for training of the MRC recruits on disaster and emergency response. The Secretary of Health may also recommend to the President the enlistment of the AFP to supplement the mobilized MRC for the purpose of providing logistics and manpower for large-scale operations in times of public health emergency, contact tracing and monitoring of suspected cases, enforcing-quarantine measures in specific areas or facilitating the transport of emerging infectious diseases patients, and for 31 such other related purposes.

Sec. 12. Protection to MRC Members. - All MRC members shall be accorded

protection as provided by existing labor laws and standards and other relevant 3 occupations, safety, environmental, and social legislation.

Sec. 13. Compensation and Benefits. - Members of the MRC who render

5 services shall receive all the pay and allowances, medical care, hospitalization, other privileges and benefits during the period of mobilization as prescribed by law or regulation. They shall also continue to receive all pay, allowances, and other privileges 8 and benefits from their regular employment during the mobilization period in accordance with law.

Sec. 14. Legal Liability and Malpractice Insurance. - No MRC member shall be

11 held liable for the death of or injury to any person or for the loss of or damage to the property of any person where such death, injury, loss, or damage was proximately caused by the circumstance of an actual public health emergency or its subsequent conditions, or the circumstances of the formal exercise or training if such formal exercise or training simulates conditions of an actual emergency. The Insurance Commission is mandated to develop public health emergency specific malpractice insurance policy or modify existing policies that would protect MRC professionals' efforts from any legal liability as provided for by this Section to allow 19 them to respond in good faith during public health emergencies. This Section shall not preclude liability for civil damages as a result of gross negligence, recklessness, or willful misconduct.

Sec. 15. Termination of Deployment. - Upon the expiration of the period of

deployment, without an extension having been requested and approved by the DOH, members of the MRC who are deployed pursuant to a public health emergency shall be discharged from the performance of their duties. The deployment may also be terminated earlier upon a determination by the DOH, in consultation with the requesting national government agency or LGU, that such deployment is no longer required in accordance with this Act.

Sec. 16. Annual Reports. - The DOH shall regularly publish an annual report

containing a list of the accomplishments, status of the operations, demographic profile of the membership of the MRC, an assessment of readiness for mobilization, and the incidence and details of each mobilization for the year concerned. The annual report

1 shall also include the results of the audit investigation on the spending of funds 2 appropriated, collected, or advanced for the implementation of the provisions of this 3 Act.

Sec. 17. Failure to Respond to Deployment. - Any member of the MRC who fails

to respond to the order of deployment without any justifiable reason despite due notice shall be required to reimburse the total expenses incurred by the government 7 in the member's recruitment, selection, training, and compensation, as may be 8 determined by the DOH.

Sec. 18. Appropriations. - The Secretary of Health shall immediately include in

10 the Department's Program the implementation of this Act, the funding of which shall 11 be included in the annual General Appropriations Act.

Sec. 19. Implementing Rules and Regulations. - Within ninety (90) days from

13 the effectivity of this Act, the DOH shall promulgate the necessary guidelines for the effective implementation of this Act.

Sec. 20. Separability Clause. - If any provision of this Act is declared

unconstitutional or otherwise invalid, the validity of the other provisions shall not be 17 affected thereby.

Sec. 21. Repealing Clause. - All laws, decrees, orders, rules and regulations,

other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

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