Telemedicine Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JL 15 P2:16 First Regular Session SENATE S. No. - Introduced by Senator MARK A. VILLAR AN ACT INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM IN THE PHILIPPINES EXPLANATORY NOTE Telemedicine 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. Globally, telemedicine has been adopted especially when mobility restriction and lockdowns were enforced during the onset of the COVID-19 pandemic. Based on a study, telemedicine portrayed an unequivocal benefit as it provided continued services and accessibility to patients who need immediate medical response. Convenience, cost-effectiveness, decreased patient expenses, and time efficiency were also among the perceived benefits of telemedicine. Cancer patients are of the many people who reaped the benefits of this medical advancement. Telemedicine has its potential in bridging healthcare inequity. It will also increase access for vulnerable and disadvantaged populations and to the far-flung, and unreachable areas. There are, however, obstacles as to the nationwide adoption of telemedicine such as the poor broadband internet access and doctor shortage. Thus, this bill seeks to institutionalize the telemedicine system. It aims to create an innovative, unified, and comprehensive policy framework for the practice and development of telemedicine in the country. This bill likewise allows the use of information and communication technology in the delivery of healthcare services

especially in times of emergencies and disasters; to strengthen the health system and infrastructure of the country that will enable it to serve all Filipinos and withstand any unforeseen events. Human life is sacred. Thus, it is the duty of the State to ensure that everyone shall be given due care and medical support for them to live longer and healthier. Every Filipino, regardless of their status and location, deserves to be provided with proper and quality health care. Thus, in view of the foregoing, the approval of this bill is earnestly sought. MARK A. VILLAR ROC

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 15 P2:16 First Regular Session SENATE RECEI S. No. _ Introduced by Senator MARK 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 " 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 communication 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; ili. 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; (g) 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 of 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 Department which shall serve as the Secretariat for the Council. The Office for Telemedicine shall be headed by a Director.

Sec. 8. 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 to the establishment of a doctor- patient relationship.

Sec. 9. Emergency. - The Council shall establish special rules and systems for

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

Sec. 10. 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. 11. 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. 12. 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. 13. Appropriations. - The amount necessary for the initial implementation

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. - If any provision of this Act is declared invalid or

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

Sec. 15. 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. 16. 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,