Philippine Telemedicine Act

Sentate Office of the Sectar TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB -5 P2:53 SENATE RECEIVED BY: S. No. 1761 Introduced by Senator Camille A. Villar AN ACT INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM IN THE PHILIPPINES EXPLANATORY NOTE The Constitution, ARTICLE 2, Section 15 states that: "The State shall protect and promote the right to health of the people and instill health consciousness among them". The Constitution, ARTICLE 2, Section 16 provides that: "The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature". The Constitution, ARTICLE 14, Section 12 sets forth that: "The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit".

Aligned with constitutional mandates, the Philippine Congress enacted the Republic Act No. 11223, otherwise known as the Universal Health Care Act, which has optimized the Philippine healthcare infrastructure and services. However, there is still a lack of access to healthcare in the country. According to the DOH, around 40% of Filipinos live in rural areas, but only about 10% of healthcare providers serve these communities. The poor road networks, limited transportation, and slow telecommunication services discourage healthcare providers and primary care physicians to invest and work in these areas, respectively. The lack of access to healthcare, especially in rural areas and in times of emergencies and calamities, is a serious problem. The Philippine Statistics Authority provided that 48.5% of deaths were not attended by any healthcare professional, and that only 50% of Filipinos have access to Rural Health Units/Health Centers (RHU/HCs) within 30 minutes of travel time. Using the above figures as the baseline, Filipinos in need of medical services cannot readily access healthcare facilities at their convenience due to the distance of their area. Hence, there is a need to capacitate healthcare professionals to reach medically underserved Filipinos and to provide them with access to health services. This bill, therefore, seeks to institutionalize a national telemedicine system in the Philippines through the use of information and communications technologies. As such, approval of this measure is urgently sought. Amele cran CAMILLE A. VILLAR

Senate Difice of the recog TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB -5 P2:53 SENATE 1761 RECEIVED BY: S. No. _ Introduced by Senator Camille A. Villar AN ACT INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM IN THE PHILIPPINES 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

Telemedicine Act .

Sec. 2. Declaration of Policy. - The State shall protect and promote the right

to health of the people and instill health consciousness among them. Hence, it is the policy of the State to continuously search for, develop, and utilize innovative ways and systems to fully protect the health of all Filipinos, from the dense populations of urban centers to the far-flung and unreachable rural and remote areas. It shall likewise be the policy of the State to encourage and strengthen initiatives for promoting health in times of emergencies and calamities through the use of information and communications technology.

Sec. 3. Objective. - The objectives of this Act are:

a) To create an innovative, unified, and comprehensive policy framework for the practice and development of telemedicine in the country;

b) To provide healthcare services, including consultation, diagnosis, treatment, and prescription of medicines especially in areas that have inadequate and/or are far from traditional healthcare institutions and professionals; c) To allow the use of information and communication technology in the delivery of healthcare services especially in times of emergencies and disasters; and d) To strengthen the health system of the country that will enable it to serve all Filipinos and withstand any unforeseen events.

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

definitions shall apply: a) "Telemedicine" also referred to as telehealth or electronic healthcare, is a system of delivering healthcare services through the use of information and communications technology as a complement to traditional healthcare systems. It includes the total management of a patient's health care from consultation, diagnosis, and treatment to prescription of medicine and record-keeping. It likewise includes the education and training of health personnel to capacitate them to use telemedicine systems as well as the development of applications and programs for the furtherance of health; b) "Information and Communications Technology" includes but is not limited to: i. Digital interactive video, audio, and/or data transmission; ii. Video or web-conferencing technology; ill. Still image capture or asynchronous store and forward; or iv. Modern medical devices for patient care and diagnosis.

Sec. 5. National Telemedicine Council. - A National Telemedicine Council,

hereinafter referred to as "Council", is hereby established and shall be composed of the following members: a) Secretary of Health, who shall serve as Chairperson; b) Secretary of Information and Communication Technology; c) Secretary of Science and Technology;

d) Secretary of the Interior and Local Government; e) President of the Philippine Health Insurance Corporation; f) Director-General of the Food and Drug Administration; 9) Presidents of healthcare professional associations such as the Philippine Medical Association, Philippine Nurses Association, and the Philippine Pharmacists Association; and h) Director of the Office for Telemedicine.

Sec. 6. Functions of the Council. — The Council shall:

a) Establish guidelines and regulations on the practice and provision of services; b) Create a national roadmap for the achievement and furtherance of the objectives of this Act; c) Establish and provide for a mechanism of accreditation for electronic healthcare providers; d) Establish a national integrated database system for medical information; e) Establish a system for electronic prescription of medicine; f) Spearhead and promote research and development activities; g) Capacitate and train existing and new healthcare professionals on the provision of health services; and h) Set quality standards for systems, professionals and services. The Council shall convene as frequently as necessary to perform its mandated functions.

Sec. 7. Implementing Agency and Secretariat. - The Department of Health

(DOH) shall be the lead agency in implementing this Act. For this purpose, an Office for Telemedicine shall be created under the DOH which shall serve as the Secretariat for the Council. The Office for Telemedicine shall be headed by a Director.

Sec. 8. Partner Agency. — The DOH shall be in full cooperation with the

Department of Information and Communications Technology (DICT), vice versa, for the inclusion of all Telemedicine services and ensure access to all Telemedicine

mobile applications and websites in the e-Government Philippines, a mobile one- stop shop application for all national and local government services.

Sec. 9. Practice of Medicine. - The provision of Telemedicine services shall

be limited only to registered physicians. Telemedicine services shall be deemed as acts constituting practice of medicine and shall result in the establishment of a doctor-patient relationship.

Sec. 10. Emergency. - The Council shall establish special rules and systems

for the enhanced utilization of Telemedicine in times of emergencies and calamities.

Sec. 11. Privacy. - All medical records generated, including records

maintained via video, audio, electronic, or other means acquired through Telemedicine must conform to the laws regarding the confidentiality of healthcare information of the patient, rights to medical information, and recordkeeping requirements. Any violation of this provision shall be penalized to the maximum extent under the law.

Sec. 12. Standard of Care. - The standard of care shall be the same as the

standard of care required in traditional or non-Telemedicine healthcare services.

Sec. 13. Implementing Rules and Regulations. - The DOH shall promulgate

the necessary rules and regulations for the effective implementation of this Act within ninety (90) days from its effectivity.

Sec. 14. Appropriations. - The amount necessary for the initial

implementation of this Act shall be taken from the current appropriations of the DOH. Thereafter, the amount needed for the continued implementation of this Act shall be included in the annual appropriations of the DOH as a distinct and separate item.

Sec. 15. Separability Clause. - If any provision of this Act is declared invalid

or unconstitutional, the remaining provisions shall continue to be in full force and effect.

Sec. 16. Repealing Clause. - All laws, decrees, executive orders,

proclamations, rules and regulations, and issuances, or parts thereof which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

Sec. 17. Effectivity. - This Act shall take effect after fifteen (15) days

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