©) RECEIVED
a y) 7 SUL 0
iw) f
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 1367

INTRODUCED BY REP. JOSE “BONG” J. TEVES, JR.

AN ACT
CREATING HEALTH EMERGENCY AUXILIARY REINFORCEMENT TEAM
UNDER THE DEPARTMENT OF HEALTH AND APPROPRIATING FUNDS
THEREFOR

EXPLANATORY NOTE

The onset of COVID-19 pandemic in 2020 has challenged the public health capabilities
of every country worldwide as their people contract the deadly virus while waiting for the
availability of the vaccines. This exposed the deficiencies in the health care system in

governments around the world to fight an unexpected contagious disease.

In the Philippines, with one hundred ten (110) million population, the pandemic
exposed the lack of health care workers in the country. Our Department of Health noted that
our country lacks health care workers to match with the World Health Organization's (WHO)
target ratio of ten (10) medical doctor per ten thousand (10,000) population’. On the average
the Philippines has 3.7 doctors per 10,000 population. The migration of our medical health care

force to other countries also contributed to this high deficiency.

* https://up.edu.ph/estimating-locat-healthcare-capacity-to-deal-with-covid-19-case-surge-analysis-and-
recommendations/


This proposed bill aims to create a Health Emergency Auxiliary Reinforcement Team
to augment the existing health care force in our country by organizing retired physicians,

medical students graduate, and other licensed allied health professionals to the team

The proposed measure is likewise in consonance with Section 15, Article [] of the 1987

Philippine Constitution which states: “The State shall protect and promote the right to health

of the people and instill health consciousness among them.”

This measure was also filed during the 19 Congress and was approved on third reading
by the House of Representatives and was transmitted to the Senate. However, the Senate failed

to act on the said piece of legislation which resulted to the refiling of this bill.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

HON. JOSK“BONG?” J. TEVES, JR.
Representative, TGP Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No._1367

INTRODUCED BY REP. JOSE “BONG” J. TEVES, JR.

AN ACT
CREATING HEALTH EMERGENCY AUXILIARY REINFORCEMENT TEAM
UNDER THE DEPARTMENT OF HEALTH AND APPROPRIATING FUNDS
THEREFOR

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 “Health Emergency
Auxiliary Reinforcement Team (HEART) Act”.

SEC. 2. Declaration of Policy. - Article II, Section 15 of the Constitution enjoins the
State to protect and promote the right to health of the people and instill health consciousness
among them. Article XIII, Section 11 also provides for the adoption of an integrated and
comprehensive approach to health development. The State further reiterates its commitment to
the Sustainable Development Goals (SDGs), particularly SDG 3, which calls on the State to
ensure healthy lives and promote the well-being of Filipinos at all ages.

The State recognizes the need for a reserve force of highly skilled and health-oriented
professionals and volunteers who can be mobilized to maintain the capacity to meet surges in
the demand for additional manpower in the country’s healthcare system and provide assistance

as needed in times of health crises.


Pursuant to this, it is the policy of the State to:

a. Prioritize the health of its citizens whether in the country or overseas by

maintaining a strong and resilient healthcare system at all times that will immediately,

efficiently, and effectively address all potential and actual public health emergencies;

and

b, Promote the spirit of “Bayanihan” and enhance the capacity of the nation to

expand its human health resources in times of disasters, public health emergencies and

health threats of both national and local scale through the mobilization of the Health

Emergency Auxiliary Reinforcement Team.

SEC. 3. Definition of Terms. — As used in this Act:

a.

Allied health professionals refer to professions who are involved with the
delivery of health or related services such as the identification, evaluation
and prevention of diseases and disorders, dietary and nutrition services, and
rehabilitation and health systems management. Allied health professionals,
shall include, among others, dental hygienists, diagnostic medical
sonographers, dietitians, medical technologists, occupational therapists,
physical therapists, radiographers, respiratory therapists, and speech
language pathologists;

Bayanihan refers to the value of communal unity through helping others to

achieve a certain goal without expecting anything in retum;

Deployment refers to the actual movement of workforce to the assigned area

within a prescribed period;

Health Emergency Auxiliary Reinforcement Team refers to a group of
individual volunteers who are in the field of medicine, nursing, medical
technology, and other allied health-related fields who are ready to be
deployed to complement the health workforce in the event of a public health

emergency and health threat;


Health threat refers to a condition, agent, or incident that greatly impacts the

health that leads to disease, accident, injury, and loss of life;

Mobilization refers to the process and procedures for activating, assembling,
and transporting the needed health workforce to respond to a public health

‘emergency and health threat;

Mobilization center refers to the establishment where the Health Emergency
Auxiliary Reinforcement Team shall report upon receipt of the order for
mobilization, coordinate their mission order and mobilization-related issues
and concerns, and submit their report upon receipt of the order for

demobilization;

Public health emergency refers to an occurrence that poses an imminent
threat of an illness or health condition as defined in Republic Act No. 11332,
otherwise known as Mandatory Reporting of Notifiable Diseases and Health
Events of Public Health Concern Act, that:
1. Is caused by any of the following:
i. Bio terrorism;
ii, Appearance of a novel or previously controlled or eradicated
infectious agent or biological toxin;

iii. A natural disaster;

iv. A chemical attack or accidental release;

v. A nuclear attack or accident; or

vi. An attack or accidental release of radioactive materials; and

2. Poses a high probability of any of the following:
i. A large number of deaths in the affected population;
ii. A large number of serious injuries or long-term disabilities in
the affected population;
iii. Widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial harm toa large number
of people in the affected population;


iv, Intemational exposure to an infectious or toxic agent that
poses a significant risk to the health of citizens; or
v, Trade and travel restrictions

i, Volunteers refer to those who freely register to be members of the HEART.

SEC. 4. Scope. — This Act provides for the organization of the Health Emergency

Auxiliary Reinforcement Team, hereinafter referred to as the HEART, the development of

policies, plans, guidelines, and the implementation of actions pertaining to the mobilization,

services, and protection of the HEART in times of disasters, public health emergencies and

health threats.

SEC. S. Health Emergency Auxiliary Reinforcement Team. - There is hereby

established a HEART under the Department of Health (DOH) to augment the health workforce

in times of disasters, public health emergencies and health threats. The HEART shall be

composed of the following individuals who shall voluntarily register with the DOH:

a

Licensed professionals in the fields of medicine, nursing, medical
technology, and other allied health fields including those who are retired
and those who are no longer practicing heir professions in a health facility
setting. All health and allied health professional organizations may be
tapped for the engagement of professionals who are not affiliated in any

healthcare faci

Graduates of medicine and allied health courses and medical students who
have completed a one-year medical intemship and who have not yet been
issued licenses to practice their respective professions, but due to the need
for their services may be issued a limited and special authorization to render
medical services during public health emergencies or health threats pursuant
to Republic Act No. 2382, otherwise known as the Medical Act of 1959 or
as may be amended hereafter; and

Other health support workforce, including barangay health workers, whose
services are necessary in times of disasters, public health emergencies and

health threats.


SEC. 6. The Health Emergency Auxiliary Reinforcement Team Promotion
Program. - There is hereby established the Health Emergency Auxiliary Reinforcement Team
Promotion Program, which shall refer to the comprehensive set of objectives, targets, strategies
and activities for the promotion, recruitment and selection of reserve force of highly skilled
and health-oriented professionals and volunteers.

It shall include, but not be limited to, the following areas of concern: the provision of
initiatives that shall underscore the importance of volunteerism to improve the health and safety
of communities; the utilization of medical reserves pool who want to donate their time and
expertise to prepare for and respond to emergencies and to support ongoing preparedness
initiatives; and the building of partnerships and ensuring the sustainability of the HEART with
the end goal of maintaining its capacity to meet surges in the demand for healthcare system
and provide assistance in times of public emergencies.

SEC. 7. Creation of the HEART Board. - A HEART Board, hereinafter referred to
t

as Board, is hereby created to ensure efficient and effective mobilization of the HEAR
shall be chaired by the Department of Health (DOH) and composed of representatives of the
following, as members:

a. Department of the Interior and Local Government (DILG);

b. Department of National Defense (DND);

c. Commission on Higher Education (CHED);

d. Professional Regulatory Commission (PRC);

e. Armed Forces of the Philippines (AFP);

f£. Office of Civil Defense (OCD); and

g.One representative from a non-governmental health _ professional

organization.

The members of the Board shall designate a representative, with a rank not lower than
Assistant Secretary or its equivalent, to represent their respective offices in the Board:
Provided, That the representative must be fully authorized to decide on behalf of the member-

agency.

The AFP shall designate a representative from the Office of the Surgeon General with

a rank not lower than Colonel as its Board representative.


The representative from a non-governmental health professional organization shall
have a two (2) -year term of office. The Board shall select the representative base on the
guidelines it shall promulgate: Provided, That, the non-governmental health organization is
national in scope and 21 has a good track record in providing emergency health services.

The Board shall establish close coordination with the National Disaster Risk Reduction

and Management Council and the Philippine National Volunteer Service Coordinating Agency.
It may call upon any government office or instrumentality, including government owned or
controlled corporations and local government units (LGUs), as necessary. The Board may
likewise closely coordinate and collaborate with non-governmental health organizations and
the private sector, especially those with actual programs in the delivery of emergency health

services.

SEC. 8. Powers and Functions of the Board. - The Board shall have the following

powers and functions:

a) Define and develop the organization, management, mobilization,
demobilization, and reporting mechanisms, policies, and guidelines for the HEART;

b) Oversee the effective and efficient functioning of the HEART in responding
to public health emergencies and health threats;

©) Coordinate with concerned national government agencies and other
stakeholders in responding to public health emergencies and health threats; and

4) Conduct regular meetings every quarter or as often as may be necessary in
times of disasters, during public health emergencies or in the occurrence of health

threats.

SEC. 9. Creation of a HEART Unit, — A HEART Unit shall be created by the DOH
which shall serve as the secretariat of the Board. It shall oversee program implementation,
including the maintenance of the database or information system of the HEART.

The DOH shall determine the organizational structure and staffing pattern of the
HEART unit subject to the evaluation and approval of the Department of Budget and

Management (DBM) and in accordance with the civil service laws, rules and regulations.


The regional counterparts of the HEART Unit shall likewise be allocated additional
staff and 3 personnel to ensure the grassroots implementation of this Act.

All LGUs shall ensure that a HEART Unit shall be operationalized under their
respective Local Disaster Risk Reduction and Management Office which shall act as

mobilization centers in times of disasters, public health emergencies or health threats.

SEC. 10. Registration and Training. ~ The Board shall prescribe a comprehensive
guideline for the recruitment and selection of a HEART volunteer.

The Board shall also prescribe a training program through written, practical, and
simulation activities on various aspects of health emergency management and response in
different health emergency scenarios. To this end, all volunteers must undergo:

(a)Basic training on disaster and health emergency response; and
(b)Skill enhancement activities with relevant agencies in the both public and
private sector.

Completion of the basic training or acceptable substitute or equivalent certification shall

be a requisite for admission to the HEART.

SEC. 11. Registry and Accounting of Members. — HEART Volunteers shall be issued
with individual registration numbers which shall serve as their identification during
deployment.

A registry or database that contains the names of the volunteers, their registration
numbers, address, contact details and other personal information as may be necessary, shall be
maintained and regularly updated in accordance with Republic Act No. 10173, otherwise
known as the Data Privacy Act.

‘The HEART registry or database shall be integrated or linked to existing registries such
as the National Health Workforce Registry pursuant to Republic Act No. 11223, otherwise
known as Universal Health Care Act, Section 25 (c).

All volunteers covered under this Act are required to update their addresses and contact,
details on file through the registry system or database as necessary,

SEC. 12. Mobilization. — The Board shall approve the prompt mobilization of the

HEART upon receipt of a request from municipal and city mayors and provincial governors in


connection with a public health emergency, threats to public health, or a disaster, whether of
local or national scale. The HEART may be mobilized partially or in full, as may be necessary.

The Board shall promulgate a mechanism that shall ensure efficient implementation of
deployment, assignment areas, deployment periods, how deployment orders are communicated
to each volunteer, and to which mobilization center the volunteers will report taking into
consideration Section 13 on “Accreditation, Mobilization, and Protection of Disaster
Volunteers and National Service Reserve Corps, CSOs, and the Private Sector” of Republic
Act No. 10121, otherwise known as the Philippine Disaster Risk Reduction and Management

Act of 2010.

SEC. 13. Deployment Order. — The President of the Philippines, upon the
recommendation of the HEART Board through a resolution, may order the nationwide
mobilization of the HEART to augment the health workforce in case of a declaration of a state
of public health emergency, state of calamity, and other threats to public health.

Orders of deployment sent to the volunteers’ addresses and through the contact details

on file in the registry system or database shall be sufficient notice for purposes of deployment.

SEC. 14. Mobilization Centers - Mobilization Centers shall be established in each
province as needed where volunteers shall report to once deployment is ordered.

A mobilization center may be any establishment that can adequately house the
volunteers, their equipment and supplies during the period of deployment, including a multi-
purpose hall, gymnasium, and other similar structures.

The Board shall, in consultation with the local executives, prescribe the location of the
mobilization centers. The concemed municipal and city mayors and provincial governors shall

disseminate information on the location of mobilization centers to the widest extent possible.

SEC. 15. Essential Emergency Commodities. - The Board shall ensure that the
minimum essential individual and organizational commodities and medical equipment and
supplies shall be procured, stored, and managed to enhance the rapid transition to readiness
required for deployment of HEART teams in the shortest possible time.

The Board shall ensure and maintain its capacity to scale up the procurement of these

‘equipment and supplies as needed during the period of deployment.


SEC. 16. Incentives. - In recognition and appreciation of the HEART volunteers’
service rendered during the period of actual mobilization, implementing agencies may provide
volunteers with an allowance as may be determined by the Department of Health (DOH), in
coordination with Department of Budget and Management, subject to availability of funds, and
other existing civil service, budgeting, accounting and auditing rules and regulations.
Notwithstanding the foregoing, nothing in this Act, shall be construed as creating an employer-

employee relationship between the government and HEART volunteers.

SEC. 17. Legal Liability. - No volunteer shall be held liable for the death or injury to
any person or for the loss of, or damage to the property of any person where such death, injury,

loss, or damage was proximately

used by the circumstance of an actual public health
emergency or its subsequent conditions.
This Section shall not preclude liability for civil damages because of gross negligence,

recklessness, or willful misconduct.

SEC. 18. Public Health Emergency Insurance. - The DOH is mandated to secure an
insurance policy that would insure HEART volunteers from injury, death, damage to, or loss
of property, and for any legal liability asserted against or incurred by the volunteer arising from

the lawful performance of his duty.

SEC. 19. Termination of Deployment or Demobilization. - Upon the declaration of
the President, or as determined by the Board that the need for the HEART is no longer
necessary, or upon the expiration of the deployment or end of mission there being no approved

extension thereof, volunteers who are deployed pursuant to the declaration of a public calamity,

a public health emergency or health threat shall be discharged from the performance of HEART
duties.

Upon order of the demobilization of the HEART, the deployed volunteers shall be
reverted to inactive status. Mobilization Centers shall ensure reports on the mission are duly
submitted and the certificate of services rendered pertaining to the deployment are promptly

issued.


SEC. 20, Annual Report. - The HEART Unit shall prepare and submit an annual report
to the Office of the President, through the DOH Secretary, containing the list of
accomplishments, status of the operations and program implementation of the HEART.

SEC. 21. Appropriations. - The funds necessary for the initial implementation of this
Act shall be charged against the available funds of the implementing agencies comprising the
HEART Board. Thereafter, the funding shall be included in the budget of the DOH under the

annual General Appropriations Act.

SEC. 22. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, the HEART Board shall, in consultation with other stakeholders,

promulgate the necessary guidelines for the effective implementation of this Act.

SEC, 23. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, 19 the validity of other provisions shall not be affected thereby.

SEC. 24. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or

modified accordingly.

SEC. 25. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in 26 the Official Gazette or in a newspaper of general circulation.

Approved,