Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. __43

Introduced by HONORABLE ERNESTO “ERNIX” M. "M. DIONISIO, JR.

ANACT
INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM
IN THE PHILIPPINES

EXPLANATORY NOTE

Considering the multitude of technological advancements in and for the medical
field, the need for a hybrid mode of consultation with physicians is heightened, and the
same becomes not just a convenience, but a cost-efficient avenue for medical concerns.
While some private hospitals have started this initiative, there is still a need to pool the
resources available to strengthen healthcare in this country.

Section 11, Article XIil of the 1987 Constitution states: “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”.

In line with this Constitutional mandate, this proposed bill seeks to introduce
measures to expand the reach of Telemedicine in the Philippines in coordination with
relevant stakeholders. This will allow Filipinos to reach and consult with health
professionals and receive proper instructions and advice on how to address their health

hy

A,
RNIX” M. DIONISIO, JR.
Representative

First Congressional District of Manila

highly sought.



Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 43

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

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 “Telemedicine Act.”

SECTION 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
declared policy of the State to formulate innovative ways and systems to fully protect and
uphold the right to health of all Filipinos. It shall likewise be the policy of the State to enact
measures for promoting health in times of emergencies and calamities through the use
of information and communication technology.

SECTION 3. 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;
ji, Video or web-conferencing technology;
iii, Still image capture or asynchronous store and forward;
iv. Modern medical devices for patient care and diagnosis.

SECTION 4. 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

(h) Philippine Medical Association, Philippine Nurses Association, and the
Philippine

() Pharmacists Association; and

() Director of the Office for Telemedicine.

SECTION 5. 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;

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.

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The Council shall convene as frequently as necessary to perform its mandated functions.

SECTION 6. 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 7. Establishment of Telemedicine Centers in Rural Local Government
Units (LGUs). - A Telemedicine Center shall be established in Rural LGUs which shall be
located and established in convenient locations to deliver community-based health care
services.

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 to 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 thereof 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 (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,