LODE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

AUS

NINETEENTH CONGRESS
First Regular Session

No, 2817

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
INSTITUTIONALIZING AN EMERGENCY MEDICAL SERVICES SYSTEM (EMSS),
CREATING FOR THE PURPOSE THE NATIONAL EMSS COUNCIL, AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Article XIII, Section 11 of the 1987 Constitution mandates that the State shall “adopt an
integrated and comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all the people...”

Along these lines, this bill seeks to establish an Emergency Medical Services System
that will provide the arrangement of personnel, facilities, equipment, and transportation for
effective, coordinated, and timely delivery of health and safety services to victims of sudden
illness or injury in the pre-hospital setting.

EMSS is relatively a new field of medical practice in the country but it is continuing to
grow and the linkages among its practitioners/providers have become established. It has
provided relevant life support services to patients with injuries and illness, or those in critical
condition. Its growing practice and relevance in the country's healthcare therefore calls for the
need to regulate the practice.

In view of the foregoing, the immediate passage of this measure is earnestly sought.

Jor

Micah “Atty. Mike” D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILL No._ 2817

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
INSTITUTIONALIZING AN EMERGENCY MEDICAL SERVICES SYSTEM (EMSS),
CREATING FOR THE PURPOSE THE NATIONAL EMSS COUNCIL, AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Emergency Medical Services
‘System (EMSS) Act’

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to protect
and promote the right to health of the people. Pursuant to this policy, the government shall
institutionalize a comprehensive, accessible, integrated and standardized system of
emergency medical services and provide an environment that will maximize the capability and
potential of emergency medical services personnel.

SEC. 3. Objectives. - This Act has the following objectives:

(a) To create a national Emergency Medical Services System Council;

(b) To develop and institutionalize an emergency medical services system at the
national, regional and local levels of government;

(c) To encourage and promote the active participation of the private sector in the
provision of emergency medical services;

(d) To establish a national standard for emergency medical services including, but not
limited to, accreditation of EMS institutions and/or training of EMS personnel, establishing
standards for design, accreditation and regulation of emergency medical vehicles;

{e) To institutionalize the use of 911 as the Nationwide Emergency Hotline Number;

(f) To adopt an emergency medical service protocol in times of natural and man-
made disasters;

(g) To promote public safety and accessible emergency medical services to the people
especially those in the under-served and unserved communities; and

(h) To establish and provide support services, both internal and external, to emergency
medical services.

SEC. 4. Definition of Terms. - As used this Act:


(a) _ Accredited training and assessment institutions refer to organizations, in good
‘standing with the Emergency Medical Service System Council (EMSSC), accredited to offer
training programs, courses, continuing education and competency-based assessment in
emergency medical services for EMS personnel that meet the standards established by the
EMSSC, hereinafter referred to as the Council created under this Act and, in case of uniformed
personnel, in coordination with the Philippine Public Safety College (PPSC).

(b) Ambulance/Emergency medical vehicle refers to a vehicle designed and equipped
for transporting sick or injured patients to, from, and between places of treatment by land,
water or air, affording safety and comfort to the patients and avoiding the aggravation of illness
or injury.

(c) Basic Life Support (BLS) refers to a group of actions and interventions used to
resuscitate and stabilize victims of cardiac and respiratory arrest. These BLS actions and
interventions includes the recognition of a cardiac or a respiratory emergency or stroke,
activation of the emergency response system, CPR and relief of foreign-body airway
obstruction.

(d) Competency-based assessment refers to the confirmation of an EMS personnels
capability and capacity to perform one’s duties and responsibilities, through the process of
collective evidence and judgment, in accordance with the standards and guidelines established
by the Council.

(e) Emergency Medical Dispatch refers to the immediate identification and prioritization
of emergency situations, the timely dispatch of appropriate resources, providing essential pre-
arrival medical instructions and full endorsement to the receiving hospital. Dispatch
encompasses all aspects of communication including request processing, coordination and
‘support, documentation and monitoring.

(f) Emergency medical services (EMS) refer to:

(1) Emergency care refers to the independent delivery of pre-hospital emergency
medical services by appropriately trained and certified EMS personnel, usually in a mobile or
community setting, in full accordance with the Emergency Medical Services Treatment
Protocols established by the Emergency Medical Services System Council (EMSSC),
hereinafter referred to as the Council, created under this Act.

(2) Advanee life support refers to a set of life saving protocols and skills that extend
beyond BLS to further support the circulation and provide an advanced airway and adequate
ventilation

(a) Advanced Cardiac Life Support (ACLS) refers to a group of interventions used to
treat and stabilize adult victims of life-threatening cardiorespiratory emergencies and to
resuscitate victims of cardiac arrest.

(b) Advanced Trauma Life Support (ATLS) refers to a group protocol for managing
trauma victims and designed to maximize management in the first hour after trauma and
ensure an optimal long-term outcome.

(c) Pediatric Advanced Life Support (PALS) refers to a system of critical care
procedures and facilities, such as intensive care nursery, for the basic and advanced treatment
of seriously ill or injured infants and children.

(d) Neonatal Advanced Life Support (NALS) refers to a group of interventions for the
basic and advanced treatment of injured and critically ill new born infants.


(g) Emergency Medical Services Personnel refers to a trained and certified personnel
engaged in the provision of emergency medical services during emergencies.

(h) Emergency Medical Services (EMS) System refers to the arrangement and
coordination of personnel, facilities, and equipment for the effective delivery of ems required in
the management of medical emergencies; for the management and prevention of further
incidents or accidents and the broad range of emergency care from emergency care to
transport in an intensive care setting.

(i) Emergency Medical Technician refers to the EMS personnel who provide basic
emergency medical care and transportation for critical and emergent patients who access
emergency medical system.

(j) Emergency Response and Care refers to the arrival of resources at the scene and
the timely initiation and provision of appropriate medical interventions.

(k) Emergency Transport refers to the transporting of a patient to the most appropriate
and definitive health facility with continued provision of care and appropriate interventions en
route to the appropriate health facility.

(|) Inter-Facility Referral and Transport refers to the transport of patient with medical
escort, from one referring facility or agency to another receiving facility or agency for definitive
care, as the patient requires, in an event that further appropriate services are not available in
the referring facility

(m) Medical Direction refers to the communication between an EMS personnel and a
physician from the field via radio or other means to obtain instruction on further care of a
patient

(n) Medical Emergency refers to any acute or life-threatening condition that requires
immediate intervention by competent medical personnel.

(0) National Emergency Medical Services Treatment Protocols refer to emergency
medical procedures outlining approved clinical practices and therapies to be observed by EMS
personnel, as established by the Council created under Section 5 hereof.

CHAPTER II

EMERGENCY MEDICAL SERVICES SYSTEMS COUNCIL
SEC. 5. Creation of the Emergency Medical Services Systems Council. - A body to be
known as the "Emergency Medical Services Systems Council (EMSSC)" is hereby created

under the Department of Interior and Local Government (DILG).

SEC. 6. Powers and Functions of the EMSSC. - The Council shall perform the following
functions:

(a) To formulate policies on EMS systems;

(b) To develop national standards of emergency medical services to include, among
others, the skills and competencies required for EMS personnel and the development of
mandatory national emergency medical services treatment protocols to be observed by EMS
personnel and such other entities as it may consider appropriate;

(c) To promulgate a Code of Ethics for EMS personnel;

(d) To develop appropriate standards of operation for EMS personnel;


(e) To develop standards and protocols for the design, accreditation, construction,
outfitting and operations of emergency medical vehicles; and

(f) To ensure the establishment of a system of networking and coordination among all
existing government health agencies, LGUs, and private and non-government medical
institutions for the effective implementation of this Act;

(g) To establish a Secretariat, pursuant to Section 9 of this Act, under an Executive
Director for the administrative and day-to-day operations of the Council;

(h) To create committees and other mechanisms to help expedite the implementation of
plans and strategies;

(i) To generate resources from local, national and international organizations/agencies,
whether government or private sector, for its operation; and receive and accept donations and
other conveyances including funds, materials and services by gratuitous title: Provided, That
not more than thirty percent (30%) of said funds shall be used for administrative expenses;

(j) To prepare an annual budget of the Council, through the Department of Interior and
Local Government (DILG), and submit the same to the President for inclusion in the annual
General Appropriations Act;

{k) To advise the President on matters pertaining to EMS;

(I) To investigate complaints of motu propio and impose penalties for the violation
against any of the provisions of this Act;

(m) To request any department, instrumentality, office, bureau or agency of the
government, including LGUs, to render such assistance as it may require in order to carry out,
enforce or implement the provisions of this Act:

(n) To regulate activities inimical to the delivery of emergency medical services; and

(0) To promulgate rules and regulations and policies and enforce the provisions of this
Act.

SEC. 7. Membership of the Council. - The members of the Council shall be composed
of the following:

(1) The Secretary of the DILG or duly authorized representative as Chairperson of the
Council;

(2) The Secretary of the Department of Health (DOH) or duly authorized representative
as Co-Chairperson;

(3) The Secretary of the Department of Information and Communications Technology
(DICT) or duly authorized representative;

(4) The Chairman of the Philippine National Red Cross (PNRC) or duly authorized
representative;

(5) The President of the Philippine Health Insurance Corporation (PhitHealth) or duly
+ authorized representative;

(6) The President of the Philippine College of Emergency Medicine (PCEM) or duly
authorized representative; and


(7) One (1) representative of a national organization or society of emergency medical
technicians (EMT's) who will undergo a nomination and selection process by the Council;

The Executive Director of the Emergency 911 Office, as created by Executive Order No.
56-2018, and the Director General of TESDA, shall be required to participate in all meetings of
the Council. Relevant stakeholders from the different government offices, private entities and
civil society organizations (CSOs) who are involved in the practice and implementation of
emergency medical services can be invited as resource persons or representatives in the
Council's meetings.

SEC. 8. Compensation and Remuneration. — The Secretaries of the DILG, DOH and
DICT shall perform their duties as such without compensation or remuneration, subject to
reasonable per diem allowances as approved by the Council and subject to existing rules and
regulations of the Department of Budget and Management (DBM). Members thereof who are
not government officials or employees shall be entitled to necessary traveling expenses, per
diem and representation allowances chargeable against funds of the DILG, as approved by the
Council, subject to existing rules and regulations of the DBM.

SEC. 9. The Secretariat. - The Bureau of Fire Protection (BFP), an attached agency of
the DILG, shall act as the Secretariat of the Council. The BFP shall be strengthened by
augmenting its additional manpower and budget for its operations

SEC. 10. Meetings. - The Council shall meet at feast once every quarter.

SEC. 11. Program Plans. - The Council shall within six (6) months after having been
Officially constituted and finally staffed, adopt and immediately cause to be implemented, in
coordination with medical and related agencies, a short-range program in support of relevant
existing projects and activities and, within one (1) year, a long-range five (5)-year development
program. This development program shall be developed and subjected to annual review and
revision by the Council, in coordination with relevant public and private medical agencies and
organizations.

SEC. 12. Accreditation. - The Council shall issue authorization for the following:

(a) Accreditation of training institutions for EMS personnel; and

(b) Accreditation of emergency medical vehicle providers.

CHAPTER Il
EMERGENCY MEDICAL SERVICES PERSONNEL

SEC. 13. Creation of Plantilla Positions for Emergency Medical Services Personnel.
There shall be created a minimum number of plantilla positions for EMS personnel in the
following government hospitals/health facilities within the next five (5) years upon approval of
this Act:

(a) Level 3 Hospitals - Five (5) EMS personnel and at least one (1) Ambulance
Assistant;

(b) Level 1 and 2 Hospitals — Three (3) EMS personnel and at least one (1) Ambulance
Assistant;

(c) Local Government Units: -

(1) Highly-urbanized city (HUC) - Ten (10) EMS personnel and at least one (1)


Ambulance Assistant;

(2) Component city — Eight (8) EMS personnel and at least one (1) Ambulance
Assistant;

(3) First to third class municipality — Four (4) EMS personnel and at least one (1)
Ambulance Assistant,

(4) Fourth to sixth class municipality - Two (2) EMS personnel and at least one (1)
Ambulance Assistant; and

(d) Other Health Facilities - as may be deemed necessary by the Council

Upon the approval of the necessary plantilla positions for EMS personnel, the Council
shall submit a proposed qualification standard for positions to the Civil Service Commission
(CSC) for its approval, pursuant to E.O. No. 292, entitled “The Revised Administrative Code of
1987 on the Civil Service Commission”. The annual financial requirements needed to pay for
the salaries of EMS personnel shall be included in the annual general appropriations of the
respective hospitals, health facilities and LGUs.

SEC. 14. Authorized Training Institution. - Training programs, courses and continuing
education for an EMS personnel shall be conducted by an institution that has been granted a
Certificate of Program Registration (COPR) by the TESDA, in case of technical non-degree
courses falling under the TESDA jurisdiction, and the Philippine Public Safety College (PPSC)
for uniformed personnel. The requirements prescribed by the Council shall serve as the
minimum requirement for program registration. The DOH can provide training programs for
EMS personnel: Provided, That these shall be in accordance with the standards set by the
Council.

CHAPTER IV
EMERGENCY MEDICAL SERVICES SYSTEM

SEC. 15. Emergency Medical Vehicles. - The Council shall develop minimum
requirements for the design, construction, performance, equipment, testing and appearance of
emergency medical vehicles. As such, only emergency medical vehicles shall be allowed to
display the word "Ambulance" and the universally-accepted "Star of Life” symbol. It shall also
provide for the operation protocols of said vehicles. The Council shall design a specification
and an accreditation systems and procedures, subject to the existing regulations of the DOH
on licensure3 of medical vehicles.

SEC. 16. Emergency Dispatch. - All local government units are mandated to establish
their dispatch centers where constituents can call for all cases of emergencies, with adequate
and qualified personnel. The dispatch centers shall follow the prescribed guidelines on
dispatch protocol as determined by the Council.

SEC. 17. Emergency Response, Care, and Transport. - All LGUs shall ensure the
availability of adequate emergency transport vehicles or ambulances with qualified EMS
personnel. All emergency transport vehicles and the procedures to be undertaken in
Tesponding and caring for patients shall follow the prescribed guidelines of the Council on
ambulance services and on emergency response and care.

SEC. 18. Inter-facility Referral and Transport. - The Council shall establish the
prescribed protocols / guidelines on inter-facility referral and transport, in accordance with
appropriate medical direction.


CHAPTER V
EMERGENCY COMMUNICATIONS

SEC. 19. Adoption of a Free National Emergency 911 Hotline Number. - There shall
only be one (1) free national emergency 911 hotline number to enable the public to access
emergency medical services. The operations of the national emergency 911 hotline number
shail be under the DILG, in coordination with the Council

SEC. 20. Compliance. - It shall be the duty of every telecommunication company to
provide its subscribers with access to the national emergency 911 hotline number in
accordance with the implementing rules and regulations to be adopted pursuant to this Act.

SEC. 21. Prohibited Acts and Penalties on Emergency Communications. -

(a) Any person making a telephone cail to an emergency hotline number who annoys,
abuses, threatens or harasses any person who is answering the telephone call shall be guilty
with the first offense and, subject to subsection (c) of this section, shall be compelled to attend
a seminar on the proper use of the nationwide emergency hotline number. Upon commission
of the offense for the second time, the offender shall, upon conviction, be imposed with a fine
of not less than Five hundred pesos (P500.00) but not more than One thousand pesos
(P 1,000.00). Upon commission of the offense for the third and succeeding times, the offender
shall, upon conviction, be imposed with a penalty of imprisonment of not less than one (1)
month but not more than six (6) months or a fine of not less than Two thousand pesos
(P2,000.00) but not more than Five thousand pesos (P5,000.00), or both, at the discretion of
the court.

(b) Any person making a telephone call to an emergency hotline number and, upon the
call being answered, making or soliciting any comment, request, suggestion, proposal or
sound which is obscene, lewd, lascivious, filthy or indecent, shall be mandated to attend a
seminar on the proper use of the nationwide emergency hotline number for the first offense.
Upon commission of the offense for the second time, the offender shall, upon conviction, be
imposed with a fine of not less than Five hundred pesos (P500.00) but not more than One
thousand pesos (P1,000.00). Upon commission of the offense for the third and succeeding
times, the offender shall, upon conviction, be imposed with a penalty of imprisonment of not
less than one (1) month but not more than six (6) months or a fine of not less than Two
thousand pesos (P2,000.00) but not more than Five thousand pesos (P5,000.00), or both, at
the discretion of the court.

(c) A person giving false report of a medical emergency or giving false information in
connection with a medical emergency, or making false alarm of a medical emergency, knowing
the report or information or alarm to be false; or making a false request for ambulance service
to an ambulance service provider, knowing the request to be false, shall be mandated to
attend a seminar on the proper use of the nationwide emergency hotline number for the first
offense. Upon commission of the offense for the second time, the offender shall, upon
conviction, be imposed with a fine of not less than Two thousand pesos (P2,000.00) but not
more than Five thousand pesos (P5,000.00) and payment of damages. Upon commission of
the offense for the third and succeeding times, the offender shall, upon conviction, be imposed
with a penalty of imprisonment of not less than one (1) year but not more than three (3) years
or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand
pesos (P10,000.00) and payment of damages, or both, at the discretion of the court.

CHAPTER VI
OTHER PROVISIONS

SEC. 22. Role of the LGUs. - The LGUs are hereby mandated to develop and
institutionalize an emergency medical service system within their area of jurisdiction. The
Council shall include in its programs, activities that will support and enable the LGUs to


accomplish such task. Non-compliance by public officials of the provisions of this Act shall be
subject to administrative sanctions under civil service regulations.

SEC. 23. Establishment of the EMSS Fund - There is hereby established an EMSS
Fund which may be sourced from fees, donations and grants, to be administered by the
Council, and subject to COA regulations. The amount collected shall be used to augment the
budget for the EMSS operations of LGUs, particularly for geographically isolated and
disadvantaged areas (GIDAs), and the Council's administrative functions, provided, that not
more than thirty percent (30%) of said funds shall be used for administrative expenses.

SEC. 24. Appropriations. - The amount needed for the implementation of this Act shall
be included in the annual General Appropriations Act.

SEC. 25. Implementing Rules and Regulations. - The DILG, in consultation with the
DOH, DICT, DOJ, and Philippine Red Cross, shall issue and promulgate the rules and
regulations to implement the provisions of this Act within one hundred twenty (120) days upon
constitution of the Council

SEC. 26. Separability Clause. - If any clause, sentence, paragraph or part of this Act
shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impact any other part of this Act

SEC. 27. Transitory Clause. — Pursuant to Sections 4 (a) and 14 of this Act, all existing
rules of TESDA pertaining to the accreditation of EMS personnel shall remain effective until
new sets of the rules are established

SEC. 28. Repealing Clause. - Any provision of laws, orders, agreements, rules or
regulations contrary to and inconsistent with this Act is hereby repealed, amended or modified
accordingly.

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation.

Approved,