National Telemedicine Act

Senate A Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES APR 13 P3:41 First Regular Session RECEIVED BY: SENATE Senate Bill No. 2041 Introduced by Senator Erwin T. Tulfo AN ACT INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM IN THE PHILIPPINES EXPLANATORY NOTE Article XIII, Section 11 of the 1987 Constitution states that "The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost" Telemedicine refers to providing medical care from afar, where doctors use digital communication systems to review patient records and data to make diagnosis and provide treatment plans. The adoption of telemedicine has been shown to improve health outcomes while reducing costs. It minimize the need for frequent in- person visits, thereby easing the burden on both patients and healthcare facilities. Research indicates that patients are inclined to continue utilizing telemedicine services due to significant savings in time, transportation expenses, and other incidental costs for both themselves and their caregivers. For many Filipinos, especially those in geographically isolated and disadvantaged areas, telemedicine provides a practical and

immediate solution to longstanding barriers in accessing quality healthcare. This proposed measure seeks to broaden the use of telemedicine across the Philippines by establishing a coherent policy framework and strengthening coordination with key partners to ensure medical services are easier to reach. This is designed to provide Filipinos, particularly those in underserved communities, with a convenient, efficient, and reliable means of consulting healthcare professionals and receiving proper medical guidance for their health needs. In view of the foregoing, the immediate passage of this bill is earnestly sought. ERWIN T. TULFO

THE TWENTIETH CONGRESS OF THE PHILIP SO THE SECHEN REPUBLIC OF THE PHILIPPINES RECEIVED OFFICE DATAPR 1 3 20262 First Regular Session TIME: 3:41 BY: BILLS & INDEX SENATE Senate Bill No. 2041 Introduced by Senator Erwin T. Tulfo AN ACT INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM IN THE PHILIPPINES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

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

2 "National Telemedicine Act.."

SEC. 2. Declaration of Policy. - It is the policy of the State to

5 protect and promote the right to health of the people and instill health consciousness among them. The State shall adopt an integrated and 7 comprehensive approach to health development and make essential goods, health, and social services available to all people at affordable cost. Towards this end, the State shall: a) Utilize information and communications technology to improve access to quality healthcare services, particularly in geographically isolated and disadvantaged areas;

b) Ensure equitable, inclusive, and non-discriminatory access to telemedicine services, especially for the vulnerable and underserved populations; c) Strengthen the resilience of the health system during emergencies, disasters, and public health crises; and d) Promote innovation, research, and development in digital health systems.

SEC. 3. Definition of Terms. - For the purpose of this Act, the

following definitions shall apply: a) Telemedicine, also referred to as telehealth or electronic healthcare, refers to 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 (ICT) refers to all technical tools, devices, and networks used for the electronic capture, storage, processing, and transmission of medical information, including but not limited to: (i) Digital interactive video, audio, and/or data transmission; (ii) Video or web-conferencing technology; (iii) Still image capture or asynchronous store and forward; (iv) Modern medical devices for patient care and diagnosis.

SEC. 4. National Telemedicine Council. - A National

2 Telemedicine Council, hereinafter referred to as "Council", is hereby 3 established and composed of the following: a) The Secretary of Health, as Chairperson; b) The Secretary of Information and Communication Technology; c) The Secretary of Science and Technology; d) The Secretary of Interior and Local Government; e) The President of the Philippine Health Insurance Corporation; f) The Director-General of the Food and Drug Administration; g) Three (3) Representatives from accredited professional healthcare associations, such as the Philippine Medical Association, Philippine Nurses Association, and the Philippine Pharmacists Association; and h) The Director of the Office for Telemedicine.

SEC. 5. Powers and Functions of the Council. - The Council

shall: a) Formulate and adopt policies, standards, and guidelines governing the development, regulation, and delivery of telemedicine services consistent with existing laws on the delivery of health services, professional regulation, and data privacy: b) Develop a National Telemedicine Roadmap which shall include, among others, clear timelines, performance indicators, and phased targets for nationwide adoption; c) Establish and administer a system of accreditation, licensing, and regulation for telemedicine platforms, facilities, and service providers; d) Establish a national integrated database system for medical information and ensure its interoperability and integration with electronic health systems;

e) Develop and regulate a system for electronic prescription (e- prescription) of medicine; t) Spearhead, promote and coordinate research, development, and innovation in telemedicine and digital health technologies; g) implement programs for the training, capacity-building, and continuing professional development of healthcare providers and personnel in telemedicine; h) Establish and enforce quality assurance mechanisms, patient safety standards, and clinical governance frameworks for telemedicine services; and i) Exercise such other powers and perform such other functions as may be necessary to effectively carry out the provisions of this Act. The Council shall convene at least twice a year, or as frequently as necessary, to perform its mandated functions.

SEC. 6. Lead Agency and Secretariat. - The Department of

Health (DOH) shall serve as the lead agency in implementing this Act. For this purpose, an Office for Telemedicine is hereby created under the DOH to serve as the Secretariat for the Council. The Office for Telemedicine shall: a) Provide technical, administrative, and operational support to the Council; b) Coordinate with national government agencies, local government units, and private sector stakeholders for the implementation of telemedicine programs; c) Oversee the day-to-day implementation of policies, programs, and projects under this Act; and

d) Perform such other functions as may be assigned by the Council or the Secretary of Health. The Office for Telemedicine shall be headed by a Director, who shall be appointed in accordance with existing civil service laws, rules, and regulations.

SEC. 7. Establishment of Telemedicine Centers in Rural Local

Government Units (LGUs). - Telemedicine Centers shall be established in all provinces and prioritized in geographically isolated and 12 disadvantaged areas. These centers shall: a) Be equipped with necessary ICT infrastructure; b) Be staffed by trained healthcare personnel; c) Provide assisted teleconsultation services for digitally underserved populations; and d) Be integrated into existing primary healthcare facilities.

SEC. 8. Practice of Medicine. - Telemedicine services,

particularly those that involve the diagnosis, treatment, prescription or management of a patient's condition, shall be deemed as acts constituting practice of medicine, and shall be performed by duly- licensed physicians. Other duly licensed healthcare providers may participate in the delivery of telemedicine services within the limits of their respective scopes of practice, as defined under existing laws and regulations, and under the appropriate supervision of a licensed physician when required. A physician-patient relationship may be validly established through telemedicine: Provided, that the standard requirements of professional engagement, including proper identification of the patient, informed consent, adequate medical evaluation, and proper

documentation, are observed in accordance with prevailing laws, regulations, and ethical standards.

SEC. 9. Standard of Care. - The standard of care applicable to

telemedicine shall be equivalent to the standard of care required in in- person or traditional healthcare settings. Healthcare providers rendering telemedicine services shall exercise the same degree of skill, diligence, and competence as is ordinarily expected of members of their profession under similar circumstances. In all cases, the mode of service delivery shall not diminish the duty of care owed to the patient, and healthcare providers shall remain subject to applicable laws on professional accountability, civil liability, and administrative sanctions for any breach thereof.

SEC. 10. Data Privacy and Patient Rights. - All medical records

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

SEC. 11. Emergency Response. - The Council shall establish

protocols for the expanded utilization of telemedicine in times of emergencies, calamities, and public health crises to ensure continuity of care.

SEC. 12. Implementing Rules and Regulations. - Within ninety

(90) days from the effectivity of this Act, the Council shall promulgate the necessary rules and regulations for its effective implementation.

SEC. 13. 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. 14. Separability Clause. - Should any provision or part of

this Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 15. Repealing Clause. - All laws, decrees, orders,

7 proclamations, rules and regulations, or parts thereof, which are inconsistent with this Act are hereby repealed, amended, or modified 9 accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,