Pandemic and Other Public Health Emergency Preparedness Act

3210 E other oil couttam TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG -4 P6:10 First Regular Session SENATE RECLINCO BY: S. No. 880 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A PANDEMIC AND OTHER PUBLIC HEALTH EMERGENCY PREPAREDNESS PLAN, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The vulnerabilities and structural flaws in the public health system of the Philippines have been brought to light by the COVID-19 epidemic. The country struggled with coordination, resource allocation, and prompt reaction despite the heroic efforts of our healthcare professionals and institutions. These difficulties highlight the necessity of an all-encompassing, institutionalized framework for managing and anticipating public health emergencies. The Philippines, as a developing nation, faced considerable challenges in managing the pandemic's multifaceted effects on public health, the economy, and society at large. The strain on healthcare facilities, the vulnerability of frontline workers, and the disruption of essential services revealed the urgent need for a comprehensive and institutionalized approach to public health emergencies. This bill seeks to establish a Pandemic and Other Public Health Emergency Preparedness Plan, aiming to fortify our nation's capacity to anticipate, respond to, and recover from public health crises.

By institutionalizing these measures, the bill aims to build a resilient public health infrastructure capable of mitigating the adverse effects of future pandemics and health emergencies. It emphasizes the importance of a coordinated, science- based approach that leverages the strengths of both national and local entities. A similar version of this measure was filed by Sen. Maria Lourdes Nancy S. Binay during the Nineteenth Congress and considering the lessons learned from the COVID-19 pandemic and the imperative to safeguard public health, the immediate passage of this bill is earnestly sought. figstat 1 SINGGOY EJERCITO ESTRADA

Sciate emer stile among TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -4 P6:10 First Regular Session SENATE RECEIVED BY: S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A PANDEMIC AND OTHER PUBLIC HEALTH EMERGENCY PREPAREDNESS PLAN, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. This Act shall be known as the "Pandemic and Other Public Health

2 Emergency Preparedness Act".

Sec. 2. Declaration of Policy. - The State shall endeavor to efficiently and

immediately address all potential and actual public health emergencies for the 5 protection of the health and safety of the people. While considering national sovereignty, territorial integrity, national interest 7 and the right to self-determination, paramount in its relations with other states, the 8 State shall, at all times, give utmost importance to the health of its citizens whether in the country or overseas, including Filipino migrant workers.

Sec. 3. Definition of Terms. - For the purposes of this Act, the following shall

mean: (a) Public Health Emergency refers to an occurrence or imminent threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease or a novel and highly infectious agent or biological toxin, that poses a substantial risk of a significant number of human facilities or incident or permanent or long-term disability;

(b) Pandemic refers to an epidemic occurring worldwide, or over a very wide area, crossing international boundaries, affecting a large number of people; (c) Quarantine refers to separation or restriction of movement of persons who are exposed or may be infected to protect the public from disease. Quarantine may be practiced by individuals in their homes; (d) Isolation refers to separation or restriction of movement of an ill person from healthy persons by way of seclusion in hospitals or designated health care facility; (e) Social distancing also called physical distancing in which space of at least two (2) meters is maintained between and among persons in a public place. It also refers to a prohibition of mass gatherings of fifty (50) persons or more and avoidance of crowded places; (f) Health Care Facility refers to any institution, building or agency or portion thereof that is used, operated or designated to provide health services, medical treatment, or nursing, rehabilitative or preventive care to any person or persons; (g) Health Care Provider refers to any person or entity providing health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, physician assistants, nurse practitioners, registered and other nurses, paramedics, medical and laboratory technicians, and ambulance and emergency medical workers; and (h) Frontline Worker refers to any worker who performs any task essential to keep vital services in motion during a public health emergency despite great risk to himself and his family.

Sec. 4. Pandemic Emergency Council. - The Pandemic and Other Health

Emergency Council (Council) is hereby established and composed of the following: the Secretary of Health, as ex-officio Chairman of the Council, with the Secretaries of the Interior and Local Government, Labor and Employment, Foreign Affairs, Justice, 30 Tourism, Transportation, Trade and Industry, Agriculture, and Budget and Management, Administrator of the Philippine Overseas Employment Association

1 (POEA), President of the Philippine Heaith Insurance Corporation (PhilHealth) as ex- 2 officio members, and three representatives from private and health sectors. The Council shall convene within thirty (30) days following the approval of the 4 Implementing Rules and Regulations of this Act. Upon organization of the Council, It 5 shall draw a National Pandemic and Other Health Emergency Plan. And conduct a 6 briefing for all local government units and health care workers In the government 7 sector. The Council shall recommend to the President of the Republic of the Philippines the declaration of a public health emergency in accordance with medical guidelines and protocols.

Sec. 5. Creation of the National Pandemic and Other Public Health Emergency

Plan. - The Council shall create a National Pandemic and Other Public Health Emergency Plan. This strategy shall provide for the integrated policy coordination and strategic direction with respect to all matters related to national public health and medical preparedness and execution and deployment of national response, guidelines and protocols before, during, and following a pandemic, epidemic, or public health emergency.

Sec. 6. Components of a National Pandemic and Other Public Health Emergency

Plan. - The National Pandemic and Other Public Health Emergency Plan shall include: (a) Provisions for increasing the preparedness, response capabilities, and surge capacity of ambulatory care facilities, dental health facilities, and critical care service systems; (b) Plans for optimizing a coordinated and flexible approach to the medical surge capacity of hospitals, other health care facilities, critical care, and trauma care and emergency medical systems; (c) Provisions taking into account the unique needs of individuals with disabilities in a pandemic or public health emergency; and (d) Strategic initiatives to advance counter measures to diagnose, mitigate, prevent or treat harm from any biological agent or toxin or any chemical, radiological or nuclear agents, whether naturally occurring, unintentional or deliberate.

Sec. 7. Health Care Facilities and Services. - The Council, in coordination with

2 local government units and concerned government agencies, shall set up health care facilities, testing offices and laboratories, quarantine sites and isolation centers which 4 shall undertake pandemic prevention and preparedness services and activities, and 5 shall respond to any public health emergency.

SEC. 8. Isolation or Quarantine of Individuals or Groups. - The Council may, in

cooperation with the concerned local chief executive, authorize the lockdown, isolation or quarantine of individuals or groups of individuals during a public health emergency, in accordance with existing rules and regulations. Restriction on the movement of persons in and out of the initially affected area 11 by the Council shall likewise be permitted under this Act. If evidence indicates amplified transmission or dispersion of the infection into the wider community, the Council shall be authorized to adapt social distancing measures, which may include the closing of schools or cancellation of mass gatherings.

Sec. 9. Privately-owned Health Care Facilities. - The Council may require

privately owned health care facilities to provide services of its facility in the event of a pandemic or public health emergency If government institutions are unable to cope with the pandemic or public health emergency.

Sec. 10. Control of Pharmaceutical Agents and Medical Supplies. - The Council

shall purchase, store or distribute sufficient quantity or anti-viral agents for respiratory diseases and other highly communicable diseases, anti-toxins, serums, vaccines and other pharmaceutical agents or medical supplies that it considers advisable in the 23 interest of preparing for or controlling pandemic or any kind of public health emergency.

Sec. 11. Monitoring Program. - A comprehensive pandemic or public health

emergency monitoring program shall be established by the Council to determine and monitor the presence, magnitude, and progression of any infection or a new strain thereof in the country, and for the purpose of evaluating the adequacy and efficacy of counter measures being employed.

Sec. 12. Reporting Procedures. - All hospitals, clinics, laboratories, and testing

centers for any infection or a new strain thereof shall adopt measures in assuring the reporting and confidentiality of any medical record, personal data, and other files. The

1 Council through its monitoring programs shall receive, collate, and evaluate all related 2 medical reports. The Council monitoring data base shall utilize a coding system that promotes anonymity.

Sec. 13. Vaccination of Healthcare Workers. - Healthcare workers involved in

5 the care of patients shall be vaccinated with the most recent vaccine for respiratory 6 diseases and other appropriate vaccines as may be determined by the Council.

Sec. 14. Wearing of Surgical Masks and Personal Protective Equipment (PPE).

- For their protection, healthcare workers and first responders shall be provided with N95 respiratory masks and well-fitting surgical masks and PPE. Patients are likewise 10 required to wear surgical masks.

Sec. 15. Surveillance and Monitoring of Healthcare and Frontline Workers. -

Healthcare workers shall be vigilant of the development of fever, respiratory systems and/or other symptoms after exposure to infected patients. Healthcare workers who become ill should seek medical care and should be quarantined for fourteen (14) days in accordance with existing protocols unless an alternative diagnosis is established, or diagnostic tests are negative for the strain subject of the pandemic or public health emergency.

Sec. 16. Hazard Pay for Healthcare and Frontline Workers. - In addition to

existing benefits provided for by law, healthcare and frontline workers who render actual service during a pandemic or public health emergency shall be given hazard pay to be determined by the Council.

Sec. 17. Creation of Task Force on Public Health Emergencies. - A task force

under the control of the Secretary of Health shall be established in order to conduct research necessary for the creation of National Pandemic and Other Public Health Emergency Plan. The Task Force shall be composed of representatives from: (1) The Department of Health (DOH); (2) The National Disaster Risk Reduction Management Council (3) The Department of Interior and Local Government (4) The National Security Adviser; and (5) The Philippine National Red Cross.

Sec. 18. Functions of the Task Force on Public Health Emergencies. - The Task

Force shall:

(a) Monitor emerging issues and concerns as they relate to medical and public health preparedness and response for at-risk individuals in the event of pandemic or public health emergency; (b) Identify and minimize gaps, duplication and other inefficiencies in medical and public health preparedness and response activities and the actions necessary to overcome these obstacles; (c) Disseminate and update novel and best practices of outreach to and care of at-risk individuals before, during, and following public health emergencies in as timely a manner as is practicable, including from the time a public health threat is identified; and (d) Ensure that public health and medical Information distributed by the government during a pandemic or public health emergency is delivered in a manner that takes into account the range of the communication needs of the intended recipients, including at-risk individuals.

Sec. 19. Creation of Medical Reserve Corps. - The Secretary of Health shall

establish a medical reserve corps composed of volunteer health professionals. The Medical Reserve Corps shall be called into duty if needed during a pandemic or public health emergency.

Sec. 20. Duty of Heads of Families, Persons-in-Charge of Places. - Where a

person living in a building used for human habitation is suffering from infection, the head of the family or the relatives shall immediately send notice of the same to the nearest city or municipal health office. If it is a child attending a school, orphanage or other such situation or a person residing in any hotel, boarding house or other such institution, the person in charge of such a place shall send notice of the infectious disease to the nearest city or municipal health officer and give the officer a list of students or residents together with their addresses.

Sec. 21. Duty of Medical Practitioners and other Healthcare Providers. - Every

medical practitioner who attends to a patient suffering from a respiratory illness shall send to the nearest city or municipal health office a report stating the name of the patient and the situation of the building.

Any medical practitioner who becomes aware, by post-mortems or other 2 means, that any person had died of an infectious disease shall immediately give to the nearest city or municipal health office a certificate of such disease and inform the head of the household, person in charge of school, orphanage, hotel and so on, on the 5 infectious nature of the disease and the precautions to be taken to prevent its 6 conveyance in others.

Sec. 22. Power of the City or Municipal Health Officers. - A city or municipal

health officer may at any time enter and inspect premises in which he has reason to 9 believe that someone is suffering from or had recently suffered from any infectious 10 disease. The city or municipal health officer may medically examine any person in such premises for the purpose of ascertaining whether such person is suffering or has recently suffered from any infectious disease. He may also order the confinement of infected individuals to prevent transmission or spread of suspected infectious disease.

Sec. 23. Duty of the City or Municipal Health Officers. - If a city or municipal

health officer is of the opinion that the cleansing and disinfecting of any building or any part of the building, and any articles in the building which are likely to retain infection or would tend to prevent or check infectious diseases, it shall be his/her duty to give notice in writing to the owner or occupant of the building specifying the steps 19 to be taken to cleanse and disinfect the building and articles within a specified time.

Sec. 24. Medical Examination and Treatment of Overseas Filipino Workers

(OFWs). - The Overseas Workers Welfare Administration (OWWA), in coordination with the PhilHealth, the Department of Foreign Affairs (DFA), and the Council, shall undertake the medical examination and treatment of returning OFWs in cases of a pandemic or similar event locally or abroad. All costs attendant to the medical examination and treatment of returning OFWs shall be borne by the Phil Health.

Sec. 25. Creation of Emergency Fund. - There is hereby created and established

an emergency fund for the medical examination and treatment of OFWs under the administration, control and supervision of the PhilHealth initially to consist of Fifty million pesos (P50,000,000.00) which shall be taken from the existing fund in trust by the PhilHealth for the benefit of OFWs.

Sec. 26. Authority of Overseas Workers Welfare Administration (OWWA). —

32 The functions and responsibilities of OWWA shall include the following:

(a) The formulation and implementation of measures and programs, in consultation with appropriate agencies, to safeguard the health of OFWs and their families abroad; and (b) The forging of memorandum of agreements with the POEA, the DOH, the DFA, the PhilHealth and other appropriate international organizations in connection with the purpose of this Act.

Sec. 27. Penalties. -

(a) Penalty for individuals who Refuse or Violate Isolation, Quarantine, Testing, Vaccination under Section 8. - Any person who refuses treatment, testing, examination for diagnosis or treatment or isolation and quarantine in accordance with existing laws, rules and regulations and to the detriment of general public shall suffer the penalty of imprisonment of not more than six (6) months or a fine of not more than One hundred thousand pesos (P100,000.00) or both upon the discretion of the court. (b) Penalty for Refusal to Provide Health Services under Section 9 of this Act. - The owner, manager or administrator of a private health care facility who refuses to give services or allow the use of its facility during a pandemic or public health emergency shall suffer the penalty of imprisonment of not more than one (1) year of a fine of not more than Two hundred thousand pesos (P200,000.00) or both upon the discretion of the court. (c) Penalty for Breach of Duty under Sections 20, 21, and 23 of this Act. - All persons, under a duty to inform the nearest city or municipal health office of the infectious disease, who fail to neglect to inform the same shall be sentenced to an imprisonment of not more than six (6) months or a fine of not more than One hundred thousand pesos (P100,000.00) or both upon the discretion of the court.

Sec. 28. Authorization of Appropriations. - To carry out the provisions of this

Act, an initial fund of One billion pesos (P1,000,000,000.00) shall be appropriated and such sums as may be necessary for the succeeding fiscal year.

Sec. 29. Implementing Rules and Regulations. — Within thirty (30) days from

promulgation of this Act, the DOH, in collaboration with OWWA, the POEA, PhilHealth,

1 Department of Justice, and the DFA and representatives from the private health sector 2 shall issue the necessary rules and regulations.

Sec. 30. Separability Clause. - Should any provision herein be declared

4 unconstitutional, the same shall not affect the validity of the other provisions of this 5 Act.

Sec. 31. Repealing Clause. - All laws, decrees, orders, and issuances, or

7 portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.

Sec. 32. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

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