Republic of the Philippines G4 REPRESS
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HOUSE OF REPRESENTATIVES hi? pz
Quezon City fs RECEIVED 2
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TWENTIETH CONGRESS, a TIME 2000 PY yy
First Regular Session Ks. ect y
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HOUSE BILL NO. 1440

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

A Department of Health report stated that the Philippines has a huge human
reservoir of health personnel. However, these health personnel are unevenly
distributed in the country. Most of the trained Filipino health workers are concentrated
in urban areas such as in Metro Manila and other cities. As such, there is a need to
capacitate our health professionals to reach Filipinos in rural and far-flung areas. This
aim to provide our people with access to health services is a constitutional mandate.

With the advancement of technology, telemedicine came into being and such
innovation is seen as part of the solution in the delivery of health care services to far-
flung areas. 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.

This representation is filing the proposed bill herein to institutionalize a national
telemedicine system in the Philippines, through the use of information and
communications technologies. This proposed legislation likewise seeks to ensure that
those who will avail of telemedicine services will be aptly protected.

For the Filipino people, the approval of the foregoing bill is earnestly being
sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. J440)

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

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 Titie- This Act shall be known as the “Telemedicine Act”.

SECTION. 2. Dec/aration 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.

SECTION. 3. Objectives- 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 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 and infrastructure of the country that
will enable it to serve all Filipinos and withstand any unforeseen events.


SECTION 4. Definition of Terms. - For the purposes of this Act, the following
definitions shail 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, clagnosis, 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

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;
(iii) Still image capture or asynchronous store and forward;
(iv) Modern medical devices for patient care and diagnosis.
SECTION 5. National Telemedicine Council. - A National Telemedicine

Council, hereinafter referred to as "Council," is hereby established and composed of
the following:

(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

SECTION 6. Functions of the Council. - The Council, with regard to
telemedicine in the Philippines, 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
24 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.

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

SECTION 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 in the establishment of a
doctor-patient relationship.

SECTION 9. Emergency. - The Council shall establish special rules and
systems for the enhanced utilization of Telemedicine in times of emergencies and
calamities.

SECTION 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.

SECTION 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.

SECTION 12. Implementing Rules and Regulations. - The Council shall
promulgate the necessary rules and regulations for the effective implementation of
this Act within ninety (90) days from its effectivity.

SECTION 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.

SECTION 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.

SECTION 15. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts therect which are
Inconsistent with the provisions of this Act, are hereby repealed, amended, or modified
accordingly.

SECTION 16. Effectivity - This Act shall take effect fifteen (45) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,