APRESS

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2310

Introduced by Honorable Wes Gatchalian

AN ACT CREATING
THE NATIONAL CANCER CONTROL COMMITTEE,
INSTITUTIONALIZING THE PHILIPPINE CANCER PREVENTION
AND CONTROL PROGRAM,
AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF

EXPLANATORY NOTE

In the Philippines, cancer is the third leading cause of
morbidity and mortality in the country after diseases of the heart
and the vascular system (Philippine Health Statistics 2011.) In the
WHO Globocan 2012: Estimated Cancer Incidence, Mortality and
Prevalence Worldwide in 2012 report, the estimated incidence of
cancer in the Philippines for both men and women (excluding
melanoma skin cancer) reached more than 43,000 and will increase
by 64% within 5 years. About 3,500 new cases of cancer will be
diagnosed in children every year — the equivalent of almost 10
children every day (Philippine Children's Medical Center).

These daunting statistics demand action on our part. We cannot
go on affirming our commitment to public health in the constitution
while at the same time not take a more active role in improving cancel

health and management in the Philippines.

In 2016 the DOH promulgated AO 2016-0001, Revised Policy on


Philippine Cancer Prevention and Control updating AO 89-A
promulgated in 1990. This bill seeks to build on the AO 2016-0001 by

establishing institutions that will enforce the policies laid down.

One of the core principles of this bill is the regulation of the
practice of oncology. As a specialization, Oncology is one of the most
technical and sophisticated fields in medicine. This is of course
apropos as cancer is a very complicated disease requiring nothing less
than years of training and experience on the part of the physician if
the patient is going to have any chance of survival.

One of the negative externalities in this current unregulated
paradigm is that there are several instances where a physician of
different specialization takes on the case of treating a cancer patient.
The result is that a patient ends up spending thousands upon
thousands of their hard earned money with the result that in the end
they are worse of as they were not accorded the proper treatment. A
physician swears to do no harm, and for the most part we pay tribute
to the many men and women who practice their vocation with the
most noble of animus. The government must however provide for
mechanisms to hold liable those who do cause harm.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2310
HOUSE BILL NO.

Coenen nn TEESE
Introduced by Honorable Wes Gatchalian
EN

AN ACT CREATING
THE NATIONAL CANCER CONTROL COMMITTEE,
INSTITUTIONALIZING THE PHILIPPINE CANCER PREVENTION
AND CONTROL PROGRAM,
AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF

SECTION 1. Title. This Act shall be known as the “Philippine

Cancer Prevention and Control Act of 2017”

SEC. 2. Statement of Policy.

(A) General - This Act is aimed to set overall policy directions
and identify the roles and functions of DOH, its offices and partner
agencies in reducing the impact of cancer and improve the well-being
of Filipino people with cancer and their families by providing holistic
services from cancer prevention, screening, diagnosis, palliative care

and treatment, until recovery and end-of-life or hospice care.

(B) Specific:

1) To reduce mortality and improve overall survival and quality
of life of people with various cancer types through early diagnosis and
prompt treatment;

2) To reduce the incidence of prioritized cancers associated with
the most common avoidable risk factors;

3) To ensure that prioritized cancer control services are provided

in an equitable and sustainable way at all levels of care;


4) To increase and expand the coverage of cancer treatment,
including but not limited to the use of innovative drugs and
psychosocial support in the preventive, treatment, and survivorship
stage of the patient and family, if necessary;

5) To set regulatory and accreditation standards for cancer
institute / center, as an integral part of DOH and government
hospitals including private hospitals as applicable, that follows a
multi-disciplinary and interdisciplinary team approach to cancer
management;

6) To develop and update regularly a compendium of guidelines
or standards for prioritized cancers including childhood cancer; and

7) To promote a multi-disciplinary approach by prescribing
guidelines and penalties for violations thereof;

SEC. 3. Scope - This Act shall apply to all stakeholders of cancer
control — bureaus, national centers, services and attached agencies of
the Department of Health and other key government agencies; local
government units (LGUs); government-owned and -controlled
corporations (GOCCs); health professionals and other health care
providers, both public and private; anti-cancer health product
providers; professional organizations and societies, civil society
organizations (CSOs); non-government organizations (NGOs), research

and development partners; academe; patients and patients' groups.

SEC. 4. Definition of terms.

A. Cancer is a generic term for a large group of diseases that
can affect any part of the body. Other terms used are malignant
tumors and neoplasms. One defining feature of cancer is the rapid
creation of abnormal cells that grow beyond their usual boundaries,
and which can then invade adjoining parts of the body and spread to
other organs, the latter process is referred to as metastasizing.
Metastases are the major cause of death from cancer.

B Cancer Control aims to reduce the incidence, morbidity


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and mortality of cancer and to improve the quality of life of cancer
patients in a defined population, through the systemic implementation
of evidence-based interventions for prevention, early detection,
diagnosis, treatment, and palliative care.

C. Cancer Diagnosis comprises the various techniques and
procedures used to detect or confirm the presence of cancer.
Diagnosis typically involves evaluation of the patient's history, clinical
examinations, review of laboratory test results and radiological data,
and microscopic examination of tissue samples obtained by biopsy or
fine-needle aspiration.

D. Cancer Prevention refers to measures and interventions
that will decrease the likelihood or risk of an individual of acquiring
cancer.

E. Cancer Survivorship starts at the time of disease diagnosis
and continues throughout the rest of the patient's life. Family
caregivers and friends are also considered survivors. It has three
distinct phases: living through, with and beyond cancer.

F. Cancer Treatment is the series of interventions, including
psychosocial and nutritional support, surgery, radiotherapy,
chemotherapy and hormone therapy, that is aimed at curing the
disease or prolonging the patient's life considerably (for several years)
while improving the patient's quality of life. Some people with cancer
will have only one treatment. But most people have a combination of
treatments, such as surgery with chemotherapy and/or radiation
therapy. Patients may also have immunotherapy, targeted therapy, or
hormone therapy. Source: National Cancer Institute

G. Hospice care is end-of-life care provided by health
professionals and volunteers. They give medical, psychological and
spiritual support. The goal of the care is to help people who are dying
to have peace, comfort and dignity.

H. Oncology refers to the study and treatment of tumors.

I Interdisciplinary refers to integrating knowledge and

methods from different disciplines, using a real synthesis of


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approaches, e.g. oncologist — nurse —social worker — caregiver.
Multidisciplinary refers to people from different disciplines working
together, each drawing on their disciplinary knowledge, e.g. oncologist
— surgeon — radiologist. The cancer care team may include not only
the surgeon, radiation oncologists, and medical oncologists but also
the expert in diagnostic imaging, the pathologist, the genetic
counselor, the oncology nurse, the physical therapist, the hospital
pharmacist, and others. Well-coordinated multi- and interdisciplinary
care is the current standard, where patients can obtain consults and
see specialists who all practice in one central location.

J. Palliative Care is treatment to relieve, rather than cure,
symptoms caused by cancer. It can help people live more comfortably.
Relief from physical, psychosocial and spiritual problems can be
achieved in over 90% of advanced cancer patients through palliative
care.

K. Patient Navigation refers to individualized assistance
offered to patients, families, and caregivers to help overcome health
care system barriers and facilitate timely access to quality medical
and psychosocial care. Cancer patient navigation works with a patient

from pre-diagnosis through all phases of the cancer experience.

SEC. 8. Framework.

1. The National Cancer Control Committee (NCCC) shall lead in
the implementation of National Cancer Control Program.

2. The DOH-Regional Office shall adopt the national policies and
standards and oversee their implementation at the regional level.

3. The Experts Group shall formulate and update protocols and
standards on cancer screening, diagnosis, and treatment.

4. The NCCC shall come up with a compendium of all updated
protocols and standards on cancer prevention, screening, diagnosis,
treatment, and palliative care.

5. The NCCC shall develop the Comprehensive Cancer

Management Guidelines for hospitals and community-based facilities.


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6. The NCCC shall develop the Implementing Guidelines on

Cancer Patient Navigation.

SEC. 6. The National Cancer Control Committee

The National Cancer Control Committee shall be created to lead
in the implementation of the Philippine Cancer Prevention and Control
Program (PCPCP).

The Committee shall be composed as follows:

a. The Department of Health Secretary shall be the ex officio
Chairman;

b. The Director-General of Food and Drug Administration (FDA) as
an ex officio member;

c. The CEO of the PhilHealth as an ex officio member;

d. The Chairman of the Professional Regulation Commission (PRC)
as an ex officio member;

e. A Member from each of the Disciplines of Oncology as later
determined in the Implementing Rules of this law, to be
appointed by the president on the recommendation of the
Secretary of Health, who shall serve for a term of 2-years.

f. A Member from Patient Organizations to be appointed by the
president on the recommendation of the Secretary of Health,
who shall serve for a term of 2-years.

g. A Member from the Academe to be appointed by the president
on the recommendation of the Secretary of Health, who shall

serve for a term of 2-years.

SEC. 7. The Functions of the NCCC.
In addition to those specified in Article 5 of this Act, the NCCC
shall perform the following functions:

a) Shall set the roadmap of Philippine Cancer Prevention and
Control Program (PCPCP);


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b) Shall plan, establish and implement policies, guidelines and
standards throughout the continuum of holistic health care
(preventive, promotive, curative, rehabilitative and palliative)
thru multidisciplinary and interdisciplinary team and patient-
centered approach. For this purpose, it shall have the power to
convene an Experts Group;

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Shall advise or recommend upgrading of existing cancer

management facilities in the country;

d) Shall be the coordinating body for all cancer works in the

country;

e) Shall ensure the implementation of PCPCP down to the local

government units;

f) Shall establish and carry out an effective nationwide cancer
education program and its dissemination;

g) Shall provide technical and financial support on cancer
prevention, early detection, palliative care, treatment and
hospice care;

h)

Shall establish and carry out effective training program. For this
purpose, it shall accredit a Training Institution upon evaluation
that it has the capacity to provide training in line with the
Standards set by the Committee. The Committee shall also
accredit physicians who have successfully completed their
trainings in line with their specified disciplines.

i) Shall ensure the collection and analysis of data from registry
and surveillance. For this purpose, it shall coordinate a
national research program;

j) Shall implement, monitor and evaluate the PCPCP regularly

through implementation review and impact evaluation;
k)

Shall empower and engage all the stakeholders to actively work
on and participate in on various areas of PCPCP;

1) Shall endorse support for researchers in the clinical,
epidemiological, public health and knowledge management

areas and in collaboration with international institutes;


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m) Shall provide other forms of assistance as may be
identified and approved by the Secretary of Health;

n)

Shall have exclusive appellate jurisdiction over cases decided by
the Regional Cancer Control Committee for violations of this
Act. For this purpose, a simple majority vote by all the members
of the committee shall be sufficient to affirm the decision of the
DOH-Regional Office;

SEC. 8. DOH-Regional Office.

The DOH-Regional office shall be charged with the
implementation of the policies and programs related to cancer
prevention and control as determined by the NCCC.

The Director of the regional office shall hear and decide cases
involving violations of this Act as defined in the next succeeding

section.

SEC. 9. Ilegal Practice of Oncology.

Any person, who, not having the proper training and
accreditation as provided in Section 7 of this Act, engages in the
practice of Oncology as regards a discipline to which he is not
accredited in, shall be subject to a fine of not less than one-hundred
thousand pesos (P 100 000.00), and depending on the circumstance of
each case, to the suspension or cancellation of his accreditation.

The decision of the Regional Director shall become final and
executory upon the lapse of ten (10) days from notice to the person
accused of illegal practice of oncology if no appeal is taken therefrom.

SEC. 10. Implementing Rules and Regulation. - Within thirty
(30) days from the effectivity of this Act, the Secretary of Health, in
consultation with appropriate government agencies and other
stakeholders, shall promulgate the necessary rules and regulations to
implement this Act.


SEC. 11. Appropriation. - Funding for the National Cancer
Control Committee (NCCC) and the implementation of the Philippine
Cancer Prevention and Control Program (PCPCP) shall be part of the
budget of the Department of Health in the General Appropriation Act.

SEC. 12. Repealing Clause. - All laws, presidential decress,
executive orders, rules and regulations or part thereof, contrary to or
inconsistent with the provisions of this Act, are hereby repealed or

modified accordingly.

SEC. 13. Separability Clause. - If any section or provision of
this Act is held unconstitutional or invalid, all other sections or

provisions shall remain in full force and effect.
SEC. 14. Effectivity Clause. - This Act shall take effect fifteen
(15) days after its complete publication in any two (2) newspapers of

general circulation.

Approved,