NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 1989
of tijc TflitQ}
23 mar 13 P3:17 
\
RECEIVED 3V
Introduced by Senator MANUEL "LITO" M. LAPID
AN ACT
PROVIDING FOR A NATIONAL POLICY AND REGULATORY FRAMEWORK 
FOR THE PHILIPPINE TELEMEDICINE INDUSTRY, PROMOTING THE 
DELIVERY OF HEALTH SERVICES USING INFORMATION AND 
COMMUNICATIONS TECHNOLOGIES, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The COVID-19 epidemic put the public health system to the ultimate test. It 
highlighted weaknesses in desperate need of reforms and action in the health sector. 
One such area is remote health care delivery. While our traditional health resources 
were consumed with pandemic treatment and management, most other medical 
needs, both critical and optional, were overlooked.
During the pandemic, in order to reduce viral transmission, healthcare systems 
in the Philippines were obliged to adapt to remote delivery. It has also proved difficult 
to accommodate both COVID-19 and COVID-19-free patients. Telemedicine has grown 
In popularity in the Philippines as access to information and communication technology 
has improved.1 Because of the pandemic, teleconsultations can now be done through 
COVID-19 hotlines, websites, and mobile apps launched by several agencies and 
businesses.2
1The Role of Telehealth in the COVID-19 Pandemic, 20211
2 Breaking Barriers Amid the Pandemic: The Status of Telehealth in Southeast Asia and its Potential as a Mode 
of Healthcare Delivery in the Philippines, 2021


Many studies suggest that telehealth has improved healthcare provision during 
the COVID-19 pandemic and recommend it for public safety.3 These studies also 
discuss how telemedicine can contain the pandemic and preserve personal protective 
equipment. Telemedicine has also improved the management of chronic diseases and 
has proven to save travel time and money.4
Telemedicine, Is one method of enhancing the country's healthcare system. By 
investing in telemedicine, the government can enhance healthcare delivery, labor 
productivity, and, eventually, economic success. The ultimate advantages that 
telemedicine brings to the public are convenience, security, and a safer healthcare 
alternative during the pandemic.
Ang suHranin sa kalusugan ngayong makabagong panahon ay nangangailangan 
ng makabagong solusyon. Sa ating panukalang batasf naisnating lunasan ang mataga! 
nang suHranin sa kawalan ng Hgtas at disenteng serbisyong pangkalusugan dahi! sa 
kakulangan ng mga doktor at iba pang manggagawa sa sektor ng kalusugan, lalu na 
sa pinakamalalayong lugar. Sa pamamagitan ng "telemedicine"maari nang magbigay 
ng serbisyong pangkalusugan ang ating mga doctor sa ating mga kababayan sa 
maiaiayong iugar na hindi kinakaiiangan iumisan sa kaniiang iugar na 
pinagtatrabahuhan.
This measure seeks to institutionalize a national telemedicine system and 
provide development and regulatory framework for the telemedicine industry.
In view of the foregoing, immediate approval of this bill is earnestivsought.
LITO" M. LAPID
Senator
3 Nguyen et al., 2008; Monaghesh and Hajizadeh, 2020; Somsiri et al., 2020; Bagayoko et alv 2014
4 https://www.ncbi.nim.nih.gOv/pmc/articles/PMC8606793/#B21
2


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 1989
t t.vj-pi
of tli? iB-. I i
23 MAR 13 P 3 *17
RHCEIVTD 3Y.
Introduced by Senator Manuel "Lito" M. Lapid
1 
AN ACT
2 
PROVIDING FOR A NATIONAL POLICY AND REGULATORY FRAMEWORK
3 
FOR THE PHILIPPINE TELEMEDICINE INDUSTRY, PROMOTING THE
4 
DELIVERY OF HEALTH SERVICES USING INFORMATION AND
5 
COMMUNICATIONS TECHNOLOGIES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
6 
SECTION 1. me. — T SECTION 1. Title. — This Act shall be known as the
7 
"Telemedicine Development Act of 2023"
8 
SECTION 2. Declaration of Policy. — The State recognizes the universal and
9 
inalienable right of the Filipino people to health, including access to health services,
10 
especially in times of a pandemic, where the new normal sets to maintain the state
11 
of physical distancing and the public's limitation to travel and movement.
12 
Towards this end, the State shall promote the use of electronic modes of
13 
delivery of basic health services as a means of expanding access to primary health
14 
care. It shall develop and regulate, the practice of telemedicine in the Philippines. It
15 
shall recognize its practice as a legitimate means by which a patient may receive
16 
medical services from a licensed physician without physical contact.
17 
SECTION 3. Objectives. — This Act provides for and shall govern the:


1 
a. Provision of access to health services in medically underserved rural
2 
and urban area;
3 
b. Standardization, upgrading, and maintenance of the distinct domain
4 
of telemedicine;
5 
c. Set mechanisms for policymaking, monitoring, 
and compliance,
6 
including the formulation of required policies, guidelines, and
7 
compliance mechanisms to support the attainment of the quality and
8 
acceptable eHealth systems and services;
9 
d. Upholding of competence, values, and profession ethic of physicians
10 
who will engage with the telemedicine practice;
11 
e. Develop 
infrastructure for information and communications
12 
technology (ICT) for health to promote equitable, affordable, and
13 
universal access to health services; and
14 
f. Facilitate the exchange and access to secured personal health
15 
information, including health providers sharing and use health and
16 
medical information to improve care as well as public access to
17 
relevant information for the promotion of their own personal health.
18 
SECTION 4. Definition of Terms. — As used in this act, the following terms
19 
shall mean:
20 
a. Practice of Medicine - refers to acts constituting practice of medicine. A person
21 
shall be considered as engaged in the practice of medicine when he or she (a)
22 
shall, for compensation, fee, salary or reward in any form paid to him directly
23 
or through another, or even without the same, physically or remotely examine
24 
any person, and diagnose, treat, operate, or prescribe any remedy for human
25 
disease, injury, deformity, physical, mental or psychical condition, or any
26 
ailment, real or imaginary, regardless of the nature of the remedy or treatment
27 
administered, prescribed or recommended; or (b) shall by means of signs,
28 
cards, advertisements written or printed matter, or through the radio and
29 
television, either offer or undertake by any means or method to diagnose, treat,
30 
operate, or prescribe any remedy for any human disease. Injury, deformity,
31 
mental or physical condition; or, (c) uses the title of M.D. after his name.
2


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
b. Telemedicine - as defined by the World Medical Association, refers to the 
practice of medicine over a distance, in which interventions, diagnostics, and 
treatment decisions and recommendations are based on data, documents, and 
other information transmitted through telecommunication systems.
c. Teieheaith - refers to the delivery of health-related services and information 
via telecommunication technology. It encompasses preventive, promotive, 
curative, and palliative aspects.
d. Physician - refers to a professional duly-licensed to practice medicine, or 
otherwise permitted to engage in the practice of medicine by the Medical Act 
of 1959.
e. Patient - refers to any person receiving medical treatment Domain refers to a 
specified field of knowledge or activity.
f. Domain - refers to a specified field of knowledge or activity.
g. Telecommunication systems - referXo a collection of nodes and links, including 
devices and technology used, to enable telecommunication.
h. Information and Communications Technology- Includes but is not limited to:
1. Compressed digital Interactive video, audio, or data transmission;
2. Real-time synchronous video or web-conferencing communications 
technology;
3. Secure web-based communication;
4. Still image capture or asynchronous store and forward; and
5. Modern smart medical device used for diagnosis and health care 
services.
SECTION 5. Coverage. — This law shall apply to all existing telemedicine 
practitioner, institution, entities, services and related application system in both 
public and private. It shall not alter the scope of practice of any health care provider 
or authorize delivery of health care services in a setting or in a manner not
3


1 
authorized by law. It shall cover all other eHealth solutions and services including
2 
relevant standard equipment in the field of health and ancillary services that uses
3 
ICT and are complementary to existing minimum modalities or standards of health
4 
care and other access to information.
5 
SECTION 6. Enforcement — The Department of Health (DOH) shall regulate
6 
and supervise the telemedicine practice in the Philippines and shall be permitted to
7 
create an attached agency intended for this purpose.
8 
SECTION 7. Persons allowed to Diagnose through Telemedicine. — Only
9 
licensed physicians or those licensed by the Professional Regulatory Board of Medicine
10 
are allowed to diagnose and provide physician consultation services through
11 
telecommunication systems.
12 
SECTION 8. Privacy and Consent of Patients. — The following general
13 
conditions shall be observed and complied with by the parties to telemedicine service:
14 
a. Prior to the rendering of health services through telemedicine, the physician
15 
who has the authority over the primary diagnosis shall obtain written informed
16 
consent duly signed by the patient. The consent procedure shall ensure that
17 
the following information is given and explained to the patient:
18
19 
1. The individual retains the option to withhold or withdraw
20 
consent, at any time, without affecting the right to access to
21 
care or treatment which the individual would otherwise be
22 
entitled;
23 
2. A clear explanation of the potential risks, consequences, and
24 
benefits of telemedicine;
25 
3. All existing laws and stipulations on confidentiality shall apply;
26 
4. The patient shall have access to all medical information transmitted
27 
during a telemedicine consultation, and copies of this information shall
28 
be made available to the patient;


1 
5. Dissemination of any patient's identifiable images or information from
2 
the telemedicine consultation to other third parties shall not be made
3 
without the consent of the patient; and,
4 
6. The patient understands the written information provided pursuant to
5 
subdivision and that this information has been discussed with the
6 
physician, or his or her representative or assignee.
7
8 
b. The written consent statement signed by the patient shall become part of the
9 
patient's medical record.
10
11 
c. The failure of the physician to comply with this section shall be penalized under
12 
this Act.
13 
d. Where the patient is a minor or is incapacitated or incompetent, such that he
14 
or she is unable to give informed consent, the patient's legal guardian shall
15 
sign in behalf of the patient.
16 
e. The physician or persons engaged in telemedicine, including hospitals or
17 
establishments which offer this service through its licensed physicians, shall
18 
have the obligations of a data controller under the Data Privacy Act of 2012.
19 
f. The patient shall have all the rights of a data subject under the Data Privacy
20 
Act of 2012.
21 
g. This section does not apply in an emergency situation In which a patient is
22 
unable to give informed consent and the representative of that patient is not
23 
available.
24 
SECTION 9. Establishment of physician-patient relationship. — Upon
25 
compliance to the preceding paragraph, the physician and patient interacting through
26 
telecommunication services, for purposes of telemedicine practice shall be considered
27 
to have established a physician-patient relationship, and all pertinent laws governing
28 
and related to the said relationship shall likewise apply.


1 
SECTION 10. Telehealth and Telemedicine Services —- Telehealth is an
2 
approach of providing health care services and public health with the use of ICT to
3 
enable the diagnosis, consultation, treatment, education, care management, and self-
4 
management of patients at a distance from health care providers. However, it shall
5 
not be understood to modify the scope of medical practice or any health care provider
6 
or authorize the delivery of health care service in a setting or manner not otherwise
7 
authorize by the law.
8 
SECTION 11. Electronic Medical/Health Record (EMR/EHR) — All data in
9 
EMR/EHR shall be considered protected health data and shall be governed by
10 
established rules for access, authentications, storage and auditing, and transmittal.
11 
a. Disclosure — Disclosure of and accessibility to protected data in EMR/EHR shall
12 
be limited and standardized following International and local rules and
13 
regulation. Patients may secure a copy of their EMR/EHR upon request and
14 
shall provide informed consent if their EMR/EHR is shared with third parties
15 
except when these are processed to produce aggregate health statistics, for
16 
social health Insurance claims based on established guidelines, for public
17 
health emergency concerns and national security.
18 
b. Covered Entities — covered entities may disclose protected health
19 
information to law enforcement officials performing their official duties and
20 
responsibilities as required by existing national and local laws and with proper
21 
order from duly concerned bodies.
22 
SECTION 12. Standards of Care — The Standards of Care to be provided
23 
shall be based on established clinical or service guidelines and services given must
24 
be the same regardless of whether a healthcare provider provides healthcare services
25 
in person or electronically. The primary accountable for the healthcare delivery shall
26 
be the attending physician.
27 
Telemedicine shall not replace health care providers providing services in
28 
person or relegate them to less important role in the delivery of healthcare. The
29 
fundamental healthcare provider-patient relationship is not only to be preserved but
30 
also augmented and enhanced.


1 
SECTION 13. Secure Health Information Exchange (HIE) — The DOH,
2 
Department of Information and Communications Technology (DICQ, Department of
3 
Science and Technology (DOST), and Philippine Health Insurance Corporation.
4 
(PhilHealth) shall establish a secured health Information exchange using a common
5 
trust framework and a common set of rules which serves as the foundation for
6 
electronic information exchange across geographical and health-sector boundaries.
7 
The HIE includes the physical infrastructure, standards, core services, and
8 
applications that will strengthen the national eHealth environment.
9 
SECTION 14. Compliance required. — Hospitals, establishments, or persons
10 
allowed under this Act, to offer the delivery of medical services through
11 
telecommunication systems, or otherwise regarded as telemedicine practice, shall
12 
meet the following requirements:
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
a. All persons and facilities including but not limited to clinics, hospitals, and 
medical establishments, which will undertake telemedicine practice shall be 
registered with the DOH as facilities rendering telemedicine;
b. All personnel employed by, whether regular or contractual, the above-stated 
facilities, intended to handle all the data and telecommunication systems under 
this Act shall be licensed or certified by their respective board or agency, where 
licensure is required by law;
c. All equipment and telecommunication systems intended to be used in carrying 
out telemedicine shall be duly declared upon registration with the DOH and 
the operating personnel for the equipment or system shall be licensed or 
certified, as required by law;
d. All telemedicine services shall be available, at reasonable times, to all persons 
intending to avail such services. To the extent feasible, the facility shall make 
all services accessible to all;


1 
e. Software platform that connects existing or new medical devices and
2 
gateways shall be defined and regulated to ensure seamless data transfers
3 
based on established industry and national standards, and standardization
4 
of EHR/EMR; and
5
6 
f. The required ICT infrastructure to implement eHealth systems and services
7 
shall conform to the national ICT infrastructure plan and standards.
8
9 
SECTION 15. Implementing Rules and Reputations. — Within ninety (90)
10 
days after the approval of this Act, the DOH, Department of Information and
11 
Communications Technology, in consultation and coordination with appropriate
12 
government agencies, representatives from the private sector, and other
13 
stakeholders, shall promulgate the necessary Implementing rules and regulations for
14 
the effective implementation of this Act.
15 
SECTION 16. Separability Clause. — In the event that any part, section or
16 
provision of this Act shall be declared unconstitutional or Invalid by a competent court,
17 
the remaining provisions thereby shall remain valid and in full force and effect as if
18 
the sections or provisions so annulled or voided had never been incorporated herein.
19 
SECTION 17. Repealing Clause. — All laws, decrees, executive orders,
20 
issuances, rules and regulations, or parts thereof not consistent with the provisions of
21 
this Act are hereby repealed or modified and/or superseded as case may be by this
22 
Act accordingly.
23 
SECTION 18. Effectivity. — This Act shall take effect fifteen (15) days after its
24 
complete publication in the Official Gazette or in at least two (2) newspapers of general
25 
circulation, whichever comes earlier.
26 
Approved,