Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HoUSEBIL[No..    289
Introduced by: Hon.  Keith  Micah ``Atry.  Mike" D.L. Tan
AN ACT
PROVIDING    FOR   A   MANDATORY   IMMUNIZATION    PROGRAM,   REPEALING    FOIL   THE
PURPOSE FLEPUBLIC ACT NO.  10152, OTHERWISE KNOWN AS THE "MANDATORY INFANTS
AND CHILDREN HEALTH IMMUNIZATION ACT OF 2011"
EXPLANATORY NOTE
Republic  Act  No.   10152  or  the  ``Mandatory  Infants  and  Children  Health  Immunization  Act  of
2011" was  primarily enacted  to  protect infants and children  against common  and vaccine-preventable
diseases.
In  particular,  it  seeks  to  address  newborns  and  children  infected  with  hepatitis-B  virus  and
mandated  immunization  for  tuberculosis;  diphtheria,  tetanus  and  pertussis;   poliomyelitis;   measles;
mumps;  rubella or German measles;  hepatitis-B; and H. Influenza type 8 (HIB).
The  landmark  law  also  empowered  the  Secretary  of  the  Department  of  Health   (DOH)  to
determine  such   other  types  of  vaccine-preventable  diseases   in   a  department .circular.   To   put  it
otherwise,  R.A.  10152 gives the Secretary of Health unfettered discretion to expand the list of vaccine-
preventable diseases.
The   Oengi4j}Lrfa  controversy   has   placed   under  the   spotlight  the   government's  vaccination
program, bringing to the fore.the policy of empowering the Secretary of Health to overrule reservations
of the Formulary Executive Council (FEC), a panel of top Filipino experts tasked to identify the diseases
for  which  medicines  need  to  be  included  in  the  formulary  based  on  a  continuing  review  Of  disease
statistics from public and private hospitals and other health facilities.
In this light,  this  bill  proposes to limit the power of the Secretary of Health to determine other
types of vaccine-preventable diseases  by requiring  the  recommendation  of the  National  Immunization
Technical  and Advisory Group  (NITAG)  and  after a  separate  or joint  public  hearing  conducted  by the
Committee on  Health and  Demography of the Senate of the  Philippines and the Committee on  Health
of the House of Representatives.  However,  when there  is a  pandemic and when  the Congress.of the
Philippines is not in session, the said public hearings need not be conducted.
This proposal, which was approved by the House and transmitted to the Senate during the 18th
Congress, also seeks to include rotavirus, Japanese encephalitis,  pneumococcal conjugate vaccine, and
human  papilloma  virus  in  the  list of vaccine-preventable  diseases  and  requires  the  submission  of an
annual report to ensure the efficient, economical, and effective implementation of the law.
In view of the foregoing, the passage of this measure is earnestly sought.
EEC-
I(eith M ah"A3/:ike" D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOuSEBILLNo.       289
Introduced by:  Hon.  Keith  Micah ``Arty.  Mike" D.L. Tan
AN ACT
PROVIDING   FOR   A   MANDATORY   IMMUNIZATION    PROGIIAM,    REPEALING    FOR   THE
puRpOsE REpuBLlc Aor No. ioi52, oTHERwlsE KNOwN As THE "MANDATORy INFANTs
AND CHILDREN HEALTH IMMUNIZATION ACT OF 2011"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION  1.  rf.#€. -This Act shall be known as the "Mandatory Immunization Program Act''.
SEC.  2.  Declaration  of. Poliey.  - In accordance with Article 11,  Section  15 of the Constitution,  it
is  hereby declared the  poliey of the  State to take a  proactive  role  in the  preventive  health  care of all
Filipinos.   Towards  this  end,   the  State  shall   adopt  a   comprehensive,   mandatory  and   sustainable
immunization program for vaccine-preventable diseases.
SEC. 3.  Waf/oma//mmun/2af/on Pyiogram. -There is hereby established a National Immunization
Program  under the  Department of  Health  (DOH),  which  shall  ensure that the  population  is  equitably
protected from vaccine-preventable diseases that can  cause disability or death through  an  integrated
and comprehensive immunization program for all life stages, in accordance with this Act.
SEC.  4.   Coi4erag€,  -  The  mandatory  immunization  provided  under  this  Act  shall  cover  the
following vaccine-preventable diseases:
(a) Tuberculosis;
(b) Diphtheria, Tetanus, and Pertussis;
(c)  Poliomyelitis;
(d)  Measles;
(e)  Mumps;
(f)  Rubella or German measles;
(9) Hepatitis-B;
(h) H. Influenza type 8 (HIB);
(i)   Rotavirus;
0)  Japanese encephalitis;
(k)  Pneumococcal conjugate vaccine (PCV);
(I)   Human papilloma virus (HPV);
(in)  Booster for Measles,  Rubella, Tetanus, Diphtheria (MRTD); and


(n)   Such   other   types   as   may   be   determined   by   the   Secretary   of   Health   upon   the
recommendation  of  the  National   Immunization  Technical  and  Advisory  Group  (NITAG)  established
under Section 6 of this Act and after a separate or joint public hearing conducted  by the Committee on
Health and Demography of the Senate of the Philippines and the Committee on  Health of the House Of
Representatives:  Provided, That when there is a  pandemic and when the Congress of the Philippines is
not in session, the said public hearings need not be conducted.
The    Philippine    Health    Insurance    Corporation    (PhilHealth)    shall    include    the    mandatory
immunization services specified under this Act in  its benefit package.  However, such other types under
Section  4  (n) shall  undergo evaluation  by the  Health Technology Assessment Council  pursuant to  R.A
11223, otherwise known as the ``Universal Health Care Act'',  before its inclusion in the benefit package.
SEC.   5.   Ac/in/„/5fraf/a/7  of  I/accy.wcs.   -  The  vaccines  shall   be  administered  for  free  in  any
government hospital or health facility, and in any public school or community under its school-based or
community-based  immunization  program,  and  in  any  private  health  facility  if  such  is  included  in  the
PhilHealth benefit package.
The  DOH,  in  collaboration  with  the  Department  of  Education  and  the  Department  of  Interior
and  Local  Government,  shall  undertake a  school-based  and  community-based  immunization  program.
The DOH shall determine the vaccines suitable for the various age groups from the list enumerated  in
Section 4 under this Act.
Hepatitis-B  vaccine  shall  be  administered  by  any  duly  licensed  physician,  nurse  or  midwife  to
infants  born  in  hospitals,  health  infirmaries,  health  centers  or  lying-in  centers  with  obstetrical  and
pediatric  services,   whether  public  or  private,   within  twenty-four  (24)   hours  after  birth:   Provided,
however,  That  in  cases  of  infants  born  in  places  other  than  the  a.bove,  any  duly  licensed  physician,
nurse  or  midwife  who  delivers  or  assists  in  the  delivery  of  the  newborn,  shall  be  responsible  for
administering the vaccine to the latter:  Provided, further, That for deliveries assisted  by persons other
than  the  health  professionals  mentioned  above,  the  infant should  be  brought to  any available  health
care facility to be immunized against Hepatitis-B within twenty-four (24) hours but not later than seven
(7)  days  after  birth:   Provided,  finally,  That  subsequent  doses  of  the  Hepatitis-B  vaccine  shall  be
completed according to the  recommended schedule of Hepatitis-B immunization to  be provided  in the
rules and regulations to be issued by the DOH to implement this Act.
¥HF:.,  6._Cr€at.lop  Of  Pf .ryational  Immunization  Technical  and  Advisory  Group.  -  A Nflid+oridul
Immunization  Technical  and  Advisory  Group  (NITAG)  shall  be  created  to  serve  as  a  technical  and
independent  multi-disciplinary advisory  body to  provide  evidence-based  poliey  and  program  decisions
on  immunization and vaccines to the DOH. The NITAG shall be composed of experts from the fields of
pediatrics, infectious diseases, epidemiology,  public health,  health economy and from affiliate agencies
such as the Formulary Executive Council,  Food and  Drug Administration,  Philippine Nurses Association,
Philippine Pharmacists Association, Inc., and the National Institutes of Health.
The NITAG shall have the following functions:
a).  To  advise  the  DOH  in  the  formulation  of  policies,  plan  and  strategies  for  research  and
development of the existing and new vaccines, and the vaccine deliv.ery technology;
b).  To  conduct  poliey  analysis,  review  of the  program  data  and  evidence in  order  to  provide
evidence-based   technical   advice   and   recommendations   for   the   development   of  appropriate   and
sustainable  immunization   policies,   guidelines,   strategies,   and   approaches   related  to   Immunization
Program and vaccine delivery technology; and
c).  To  review the  posi,tion  papers,  studies,  international  guidelines and  recommendations from
internationally  acknowledged  resources  for  possible  adoption   in  the  country  policies  and  plans  for
NITAG.
SEC.  7.  fi7ucaf/oo  and /nronmaf/an  Camf]g/9».  -  All  health  care  practitioners  or  health  care
workers who are administering  prenatal  care shall  educate all  pregnant mothers on the importance of


immunization  through  vaccination   in  safeguarding  infant  health  and  well-being  as  well  as  on  the
possible effects of immunization.
The DOH, other government agencies,  non-government organizations (NG0s), professional and
academic  societies,  and  local,  government  units  (LGUs)  shall  make  available  appropriate  information
materials and shall institute an efficient public information dissemination system to increase awareness
on the importance of immunization as a disease prevention strategy.
SEC.  8.   Ob/»fyB£7'ar  fz)  /nrorm.  -  Any  physician,  nurse,  midwife,  nursing  aide  or  skilled  birth
attendant, who delivers or assists in the delivery of a newborn shall, prior to delivery, inform parents or
legal guardian of the newborn of the availability, nature and benefits of immunization against Hepatitis-
8 and other vaccine-preventable diseases at birth.
i/F!C. ?.. Cqn_tinuing  E_ducation  and  Training  of  Health  Personnel.  -The Dan  sihaiIN, wiTNh the
assistance of the  LGUs,  academe,  professional  societies and  NGOs,  undertake continuing  information,
education  and  training  programs for all  health  personnel  on  the  rationale  and  benefits  Of,  as well  as
modern procedures for immunization of infants and children against vaccine-preventable diseases.
SEC.   10.   Annra/  Aaporf.   -  The   DOH   shall   submit  to  the  Office  of  the   President  of  the
Philippines,  the  Senate  Committee  on  Health  and  Demography,  and  the  House.of  Representatives
Committee on  Health on or before the end of December of every year, or upon the request of any of
the  aforesaid  committees  of  Congress,  a   report  giving  a   detailed  account  of  the  status  of  the
implementation of this Act.
SEC.  11.  Appnt]pr/a£/oms. -The amount necessary to carry out the implementation of this Act
shall  be  charged  against the 'current year's  appropriations for expanded  program  on  immunization  of
the  DOH.  Thereafter,  such  sums  as  may  be  necessary  for  the  continued  implementation  of this  Act
shall be included in the annual General Appropriations Act.
SEC.   12.   /mp/gmenfz.„g  Aw/es  and  Aleyw/a£7.ans.  -The  DOH  shall,  in  consultation  with  the
National  Immunization  Committee,  issue  the  implementing  rules  and  regulations  within  ninety  (90)
days after the approval of this Act.
SEC.  13.  Sepgrabw'//.fy C}/ause.  -If,  for  any  reason,  any  part or  provision  of this Act  shall  be
declared  unconstitutional  or  invalid,  the  remaining  provisions  hereof  which  are  not  affected  thereby
shall continue to be in full force and effect.
SEC.  14.  Aepea/x'ng  C/at/se.  -  Republic  Act  No.  10152,  otherwise  known  as  the  ``Mandatory
Infants  and  Children  Health  Immunization  Act  of  2011"  is  hereby  repealed.  All  other  laws,  decrees,
executive orders,  rules and regulations or parts thereof which are inconsistent with.this Act are hereby
repealed, amended or modified accordingly.
SEC.  15,  fl7act7.v+tfy.  -This  Act  shall  take  effect  fifteen  (15)  days  after  its  publication  in  the
Official Gazette or in a newspaper of general circulation.
Approved,