NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of ilK ;-rn^T
’22 JUL12 P2:01
SENATE
S. No. 400
RtCElVi-0 3V;
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM
IN THE PHILIPPINES
EXPLANATORY NOTE
The Constitution, Article II, Section 15 provides that "The State shall protect 
and promote the right to health of the people and Instill health consciousness among 
them." However, despite the commendable efforts of our health professionals, 
according to reports by the Department of Health (DOH), in 2016, more than 58% of 
recorded deaths in the country were unattended, which means patients were not 
given medical care at any point during the course of the illness which directly caused 
their death. This appeared to have caused the increase from 4.9% to 5.6% or a 
jump of 14% of the country's crude death or mortality rate.
The lack of access to healthcare is a serious problem in the country, especially 
for those living in rural areas. As a matter of fact, in a study from the University of 
Texas - School of Public Health of a selected town in the Philippines, only 15% of 
the inhabitants had undergone medical check-up despite the fact that 63% of them 
had reported a family history of chronic diseases.


According to the DOH report, the Philippines has a huge human reservoir of 
health personnel. However, they are unevenly distributed in the country and most 
are concentrated in urban areas such as in Metro Manila and other cities.
Hence, there is a need to capacitate our health professionals to reach 
medically underserved Filipinos and to provide our people with access to health 
services.
This bill, therefore, seeks to institutionalize a national telemedicine system in 
the Philippines through the use of information and communications technologies.
In view of the foregoing, the passage of this measure is earnestly sought.
TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 400
> s>cn.T.r
•22 JUL12 P2:01
RtCEIVED 8\:
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Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
INSTITUTIONALIZING A NATIONAL TELEMEDICINE SYSTEM
IN THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
SECTION. 1. Short Title. - This Act shall be known as the "Telemedicine
Act."
SEC. 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 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.
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It shall likewise be the policy of the State to encourage and strengthen
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initiatives for promoting health in times of emergencies and calamities through the
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use of information and communication technology.
SEC. 3. Objectives. - The objectives of this Act are:
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(a) Jo create an innovative, unified, and comprehensive policy framework
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for the practice and development of telemedicine in the country;
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(b) 
To provide healthcare services, including consultation, diagnosis,
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treatment, and prescription of medicines especially In areas that have inadequate or
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are far from traditional healthcare institutions and professionals;
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(c) 
To allow the use of information and communication technology in the
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delivery of healthcare services especially in times of emergencies and disasters; and
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(d) 
To strengthen the health system and infrastructure of the country that
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will enable it to serve all Filipinos and withstand any unforeseen events.
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SEC. 4. Definition of Terms.
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definitions shall apply:
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For the purposes of this Act, the following
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(a) Telemedicine - also referred to as telehealth or electronic healthcare, is
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a system of delivering healthcare services through the use of information
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and communications technology as a complement to traditional healthcare systems.
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It includes the total management of a patients health care from consultation,
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diagnosis, and treatment to prescription of medicine and record-keeping. It likewise
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includes the education and training of health personnel to capacitate them to use
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telemedicine systems as well as the development of applications and programs for
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the furtherance of health.
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(b) Information and Communications Technology - includes but is not
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limited to:
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Digital interactive video, audio, and/or data transmission;
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Video or web-conferencing technology;
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Still image capture or asynchronous store and forward;
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Modern medical devices for patient care and diagnosis.
SEC. 5. National Telemedicine Council. - A National Telemedicine 
Council, hereinafter referred to as "Council," is hereby established and composed of 
the following:


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(a) 
Secretary of Health, who shall serve as Chairperson;
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(b) 
Secretary of Information and Communication Technology;
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(c) 
Secretary of Science and Technology;
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(d) 
Secretary of the Interior and Local Government;
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(e) 
President of the Philippine Health Insurance Corporation;
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(f) 
Director-General of the Food and Drug Administration;
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(g) 
Presidents of healthcare professional associations such as the
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Philippine Medical Association, Philippine Nurses Association, and the Philippine
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Pharmacists Association; and
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(h) 
Director of the Office for Telemedicine.
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SEC. 6. Functions of the Council. - The Council, with regard to
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telemedicine in the Philippines, shall;
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(a) 
Establish guidelines and regulations on the practice and provision of
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services;
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(b) 
Create a national roadmap for the achievement and furtherance of the
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objectives of this act;
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(c) 
Establish and provide for a mechanism of accreditation for electronic
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healthcare providers;
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(d) 
Establish a national integrated database system for medical
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information;
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(e) 
Establish a system for electronic prescription of medicine;
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(f) 
Spearhead and promote research and development activities;
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(g) 
Capacitate and train existing and new healthcare professionals on the
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provision of health services; and
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(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
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functions.
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SEC. 7. Implementing Agency and Secretariat - The Department of
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Health shall be the lead agency in implementing this Act. For this purpose, an Office
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for Telemedicine shall be created under the Department which shall serve as the
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Secretariat for the Council. The Office for Telemedicine shall be headed by a
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Director.
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SEC. 8. Practice of Medicine. - The provision of Telemedicine services
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shall be limited only to registered physicians. Telemedicine services shall be deemed
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as acts constituting practice of medicine, and shall result to the establishment of a
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doctor-patient relationship.
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SEC. 9. Emergency. - The Council shall establish special rules and systems
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for the enhanced utilization of Telemedicine in times of emergencies and calamities.
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SEC. 10- Privacy. - All medical records generated, including records
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maintained via video, audio, electronic, or other means acquired through
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Telemedicine must conform to the laws regarding the confidentiality of healthcare
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information of the patient, rights to medical information, and recordkeeping
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requirements. Any violation of this provision shall be penalized to the maximum
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extent under the law.
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SEC. 11. Standard of Care. - The standard of care shall be the same as
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the standard of care required in traditional or non-Telemedicine healthcare services.
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SEC. 12. Implementing Rules and Regulations. - The Council shall
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promulgate the necessary rules and regulations for the effective implementation of
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this Act within ninety (90) days from its effectivity.
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SEC. 
13. Appropriations. - The amount necessary for the Initial
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implementation this Act shall be taken from the current appropriations of the DOH.
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Thereafter, the amount needed for the continued Implementation of this Act shall be
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included in the annual appropriations of the DOH as a distinct and separate item.


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SEC. 14. Separability Clause. - If any provision of this Act is declared
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invalid or unconstitutional, the remaining provisions shall continue to be in full force
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and effect.
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SEC. 15. Repealing Clause. - All laws, decrees, executive orders,
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proclamations, rules and regulations, and issuances, or parts thereof which are
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inconsistent with the provisions of this Act, are hereby repealed, amended, or
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modified accordingly.
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SEC. 16. Effectivity. — This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,