Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6081

House Bill No.

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

This bill seeks to propose the establishment of a Council that shall be tasked to formulate
a Public Health Emergency plan that shall serve as the framework for the prevention, detection,
‘management, and containment of public health emergencies. It also defines vital policies necessary
to address such situations.

Time and again, our country is confronted by a situation that puts serious risk to the health
of our people. Deadly diseases such as the Human Immunodeficiency Virus/Acquired
Immunodefficiency Syndrome (HIV/AIDS), Severe Acute Respiratory Syndrome (SARS), Middle
Eastern Respiratory Syndrome and disease caused by Novel Corona Virus are some of the diseases
that have come up and put serious risk to the health of people. The ease of cross-border travel
offered by modern transportation and the new world order of globalization have also made it easier
for viruses to transfer from one country to another, and one continent to another.

It has been observed that the government more often than not, has responded to these
situations in a knee-jerk manner. There is lack of coordination among vital and concerned agencies
in order to affectively address a public health emergency. Moreover, the country lacks a cohesive
plan for the prevention, detection, management, and containment of public health emergencies.

All of these, exacerbates our nation’s vulnerability to such public health emergencies and
puts the health of our people in a very precarious situation. These risks, if not managed, may re
into disasters with very tragic results affecting our people.

In view of the foregoing, the early passage of this bill is earnestly sought.

ROZZ4NO He B. box

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. Seed

Introduced by HON. ROZZANO RUFINO B. BIAZON

AN ACT
ESTABLISHING THE PUBLIC HEALTH EMERGENCY COUNCIL,
PROVIDING ITS POWERS AND FOR OTHER PURPOSES

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

Section 1. Title. — This act shall be known as the “Public Health Emergency Act”.

SEC. 2. Declaration of Policy. — The State shall protect and promote the right of the
people and instill health consciousness among them.

In the light of new and emerging threats, including emergent and resurgent infectious
diseases and terrorist attacks involving the use of chemical, biological or nuclear agents, the
State shall focus on the prevention, detection, management, and containment of public health
‘emergencies.

The State shall endeavor to respond, immediately and effectively, to potential or actual
public health emergencies, and in responding, shall require the exercise of extraordinary
government functions, which may require the cooperation of the people

The exercise of emergency health powers shall only be for the promotion of the
common good.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are herein
defined:

(a) “Biological agent" means a microorganism, virus, infectious substance, naturally
occurring or bioengineered product, or other biological material that could cause
death, disease, or other harm to a human, an animal, a plant, or another living
organism.

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“Biological Attack” means an attack against the population with the use of
‘weapons employing biological agents.


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"Chemical agent" means a poisonous chemical agent that has the capacity to cause
death, disease, or other harm to a human, an animal, a plant, or another living
organism.

“Chemical Attack” means an attack against the population with the use of weapons
employing chemical agents.

"Contagious disease" is a disease that can be transmitted from person to person,
animal to person, or insect to person.

"Facility" means any real property, building, structure, or other improvement to
real property or any motor vehicle, rolling stock, aircraft, watercraft, or other
means of transportation.

"Health care facility” means any institution, building, or agency or portion thereof,
whether public or private (for-profit or nonprofit) that is used, operated, or
designed to provide health services, medical treatment, or nursing, rehabilitative,
or preventive care to any person or persons. This includes, but is not limited to,
ambulatory surgical facilities, health maintenance organizations, home health
agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney
treatment centers, long-term care facilities, medical assistance facilities, mental
health centers, outpatient facilities, public health centers, rehabilitation facilities,
residential treatment facilities, skilled nursing facilities, and adult daycare centers.
The term also includes, but is not limited to, the following related property when
used for or in connection with the foregoing: laboratories, research facilities,
pharmacies, laundry facilities, health personnel training and lodging facilities, and
patient, guest, and health personnel food service facilities, and offices and office
buildings for persons engaged in health care professions or services.

"Health care provider" means any person or entity who provides health care
services including, but not limited to, hospitals, medical clinics and offices, special
care facilities, medical laboratories, physicians, pharmacists, dentists, physician
assistants, nurse practitioners, registered and other nurses, paramedics, firefighters
who provide emergency medical care, emergency medical or laboratory
technicians, and ambulance and emergency medical workers.

"Infectious disease" is a disease caused by a living organism or virus. An infectious
disease may, or may not, be transmissible from person to person, animal to person,
or insect to person.

"solation” and "quarantine" mean the compulsory physical separation (including
the restriction of movement or confinement) of individuals and/or groups believed
to have been exposed to or known to have been infected with a contagious disease
from individuals who are believed not to have been exposed or infected, in order
to prevent or limit the transmission of the disease to others; if the context so
requires, "quarantine" means compulsory physical separation, including
restriction of movement, of populations or groups of healthy people who have been
potentially exposed to a contagious disease, or to efforts to segregate these persons
within specified geographic areas. "Isolation" means the separation and
confinement of individuals known or suspected (via signs, symptoms, or

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laboratory criteria) to be infected with a contagious disease to prevent them from
transmitting disease to others.

“Nuclear Agent” means radioactive material, element or byproducts thereof, that
could cause death, disease, or other harm to a human, an animal, a plant, or another
living organism.

“Nuclear Attack” means an attack against the population with the use of weapons
employing nuclear agents.

"Public health emergency” means the occurrence or imminent risk of an illness or
health condition that may be caused by terrorism, epidemic or pandemic disease,
or a novel infectious agent or biological or chemical agent and that poses a
substantial risk of a significant number of human fatalities, widespread illness, or
serious economic impact to the agricultural sector, including food supply.

"Radioactive material" means a nuclear or radioactive substance that has the
capacity to cause bodily injury or death to a human, an animal, a plant, or another
living organism.

“Terrorist Attack” means an attack against the general population with the intent
to deliberately cause death or harm to persons or damage to property using
weapons of mass destruction or mass disruption. Such weapons may be biological,
chemical or nuclear, or other conventional or improvised weapons.

"Tests" include, but are not limited to, any diagnostic or investigative analyses
necessary to prevent the spread of disease or protect the public's health, safety, and
welfare.

SEC 4. Public Health Emergency Council (PHEC). — The Public Health Emergency
Council (PHEC), hereinafter referred to as the Council, is hereby established composed of the

following:

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The Secretary of Health as Chairperson;
‘The Executive Secretary as Co-Chairperson;

The Secretary of National Defense as Member;

The Secretary of Interior and Local Government as Member;
The Secretary of Justice as Member;

The Secretary of Budget and Management as Member;

.. The Secretary of Trade and Industry as Member;
._ The Press Secretary as Member; and

The National Security Adviser as Member.

Other government agencies not under the authority or jurisdiction of the standing
members of the Council may be included should their inclusion be determined by the Council
as necessary.


The Council shall convene when a State of Public Health Emergency is declared or as
often as may be necessary, to advise the President on courses of action that may be taken in the
event that a public health emergency occurs and in order to perform its mandate.

SEC. 5. Public Health Emergency Plan. — A Public Health Emergency Plan (PHEP)
shall be formulated by the Council within six (6) months after the effectivity of this Act. The
PHEP shall serve as the framework for the government’s response to any public health
emergency. It shall set out goals and specific objectives to detect, prevent the spread, contain
and manage public health emergencies resulting from an outbreak of highly contagious and/or
infectious diseases, biological, chemical or nuclear attack.

SEC. 6. Declaration of State of Public Health Emergency. — The President, upon the
recommendation of the Secretary of Health, may declare a State of Public Health Emergency
and immediately convene the Council. The basis for such a declaration shall be made public
by the Council through the mass media and a written report shall be submitted to both Houses
of Congress.

The State of Public Health Emergency shall be for a period of sixty (60) days, unless
extended or terminated earlier by the Council.

SEC. 7. Health Care Facilities and Services During State of Public Health Emergency.
— During the period of the State of Public Health Emergency, the Council may, within
reasonable and necessary grounds for emergency response to a public health emergency,
require privately-owned health care facilities to provide services or the use of their facilities.

SEC. 8. Dangerous Facilities and Materials. ~ During the State of Public Health
Emergency, the Council may exercise, in coordination with national government agencies,
local governments, and other organizations responsible for the implementation of the PHEP,
the following powers over facilities or materials that may be considered dangerous due to
contamination or exposure to chemical, nuclear or biological agents or infectious disease
pathogens:

(a) To close, direct and compel the evacuation of, or to decontaminate or cause to be
decontaminated, any facility of which there is reasonable cause to believe that it
may endanger the public health; and

(b) To decontaminate or cause to be decontaminated, any material of which there is
reasonable cause to believe that it may endanger the public health.

SEC. 9. Control of Pharmaceutical Agents or Medical Supplies. — After the declaration
of a State of Public Health Emergency, the Council may authorize concerned agencies to
purchase, store or distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, and
other pharmaceutical agents or medical supplies that it considers advisable in the interest of
preparing for or controlling a public health emergency, with the right to take immediate
possession thereof.

If a State of Public Health Emergency results in a nationwide or regional shortage or
threatened shortage of any product covered by the preceding paragraph, the Council may
control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the
relevant product necessary to protect the health, safety, and welfare of the people. In making

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rationing or other supply and distribution decisions, the Council must give preference to health
care providers, disaster response personnel, and mortuary staff.

Nothing in this section shall be construed to allow the Council to obtain anti-toxins,
serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical
supplies for the primary purpose of hoarding such items or preventing their fair and equitable
distribution among the health care institutions and providers, both government and private.

SEC. 10. Control and Treatment of Infectious Disease. ~ During a State of Public
Health Emergency, the Council shall use every available means to prevent the transmission of
contagious and infectious diseases and to ensure that all cases of infectious disease are subject
to proper control and treatment.

SEC. 10. Physical Examinations or Tests; Isolation or Quarantine of Persons Refusing
Examination. - During a State of Public Health Emergency, the Council may perform voluntary
physical examinations or tests as necessary for the diagnosis or treatment of individuals.

The Council may isolate or quarantine any person whose refusal of physical
examination or testing results in uncertainty regarding whether he or she has been exposed to
or is infected with a contagious or possibly contagious disease or otherwise poses a danger to
public health.

Isolation and quarantine shall be mandatory for persons exhibiting any symptom of an
infectious disease causing the public health emergency or whose physical examination or test
results confirm an infection.

SEC. 11. Isolation and Quarantine of Individuals or Groups. — During a State of Public
Health Emergency, the Council may perform voluntary physical examinations or tests as
necessary for the diagnosis or treatment of individuals. It shall establish and maintain places of
isolation and quarantine, and set rules and make orders.

The Council may isolate or quarantine an individual or groups of individuals in order
to prevent or contain the transmission of contagious diseases. Isolation and quarantine shall be
mandatory for persons exhibiting any symptom of an infectious disease causing the public
health emergency or whose physical examination or test results confirm an infection.
Individuals who have not been vaccinated, treated, tested, or examined may also be subjected
to quarantine or isolation.

The Council shall adhere to the following conditions and principles when placing
individuals or groups of individuals under isolation or quarantine:

(a) Isolation and quarantine must be by the least restrictive means necessary to prevent
the spread of a contagious or possibly contagious disease to others and may include,
but are not limited to, confinement to private homes or other private and public
premises;

(b) Individuals isolated because of objective evidence of infection or contagious
disease must be confined separately from quarantined asymptomatic individuals;


(© The health status of isolated and quarantined individuals must be monitored
regularly to determine if they require isolation or quarantine;

(@ Ifa quarantined individual becomes infected or is reasonably believed to be infected
with a contagious or possibly contagious disease, he or she must be promptly
removed to isolation;

(€) Isolated and quarantined individuals must be immediately released when they pose
no substantial risk of transmitting a contagious or possibly contagious disease to
others;

(f) The needs of persons isolated and quarantined must be addressed in a systematic
and competent fashion including, but not limited to, providing adequate food,
clothing, shelter, means of communication with those in isolation or quarantine and
outside these settings, medication, and competent medical care;

(g) Premises used for isolation and quarantine must be maintained in a safe and
hygienic manner and be designed to minimize the likelihood of further transmission
of infection or other harms to persons isolated or quarantined; and

(h) Any person entering an isolation or quarantine premises with or without
authorization of the Council may be isolated or quarantined as provided for in this
Act.

SEC. 12. Safe Disposal of Human Remains. ~ To ensure the safe disposal of human
remains of suspected or known to be a victim of an infectious disease, the Council shall
coordinate with hospitals and funeral institutions for such period as the State of Public Health
Emergency exists, to:

(a) Take possession or control of any human remains which cannot be safely handled
otherwise;

(b) Order the disposal of human remains of a person who has died of an infectious
disease through burial or cremation within twenty-four hours after death; and

(c) Require any business or facility authorized to embalm, bury, cremate, inter, disinter,
transport, and dispose of human remains under existing laws to accept any human
remains or provide the use of its business or facility if these actions are reasonable
and necessary for emergency response.

All human remains prior to disposal must be clearly labeled with all available
information to identify the deceased and the circumstances of death. Any human remains of a
deceased person with an infectious disease must have an external, clearly visible tag indicating
that the human remains are infected and, if known, the infectious disease.

Every person in charge of disposing of any human remains must maintain a written

record of each set of human remains and all available information to identify the deceased and

the circumstances of death and disposal. If the human remains cannot be identified, prior to

disposal, a qualified person must, to the extent possible, take fingerprints and one or more

photographs of the human remains, and collect a DNA specimen. All information gathered
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under this paragraph must be promptly forwarded to the PHEC. Identification must be handled
by the agencies that have laboratories suitable for DNA identification.

SEC. 13. Centralized Information. — During the State of Public Health Emergency, the
PHEC, through the Press Secretary or a designated alternate, shall provide the public with daily
updates, news bulletins or briefings on the progress of the management and containment of the
public health emergency and shall endeavor to prevent or stop the spread of misinformation.

In this pursuit, the PHEC, through the Press Secretary, may request the mass media to
refrain from reporting or disseminating information about the public health emergency that has
not been cleared by the PHEC.

SEC. 14. Role of Local Government Units. - Within six (6) months after the adoption
of'a Public Health Emergency Plan, local government units shall draw up their respective Local
Public Health Emergency Plans (LPHPs) conforming to the Public Health Emergency Plan and
the provisions of this Act.

During a State of Public Health Emergency, local government officials are hereby
mandated to provide all the necessary support and cooperation to the national government in
order to address the situation.

Refusal of local government officials to provide support and cooperation shall
constitute an offense and shall be dealt with disciplinary action as provided for in the Local
Government Code.

SEC. 15. Prohibited Acts.

(a) Failure of person/persons placed in isolation or quarantine to comply with the
Council's rules and orders and who went beyond the isolation or quarantine
premises;

(b) Entering an isolation or quarantine premises without a written permission from the
Council's; and

(©) Facilitating, aiding or conspiring to violate the provisions of this Act.

‘SEC. 16. Penalty — Violation of any of the prohibited acts stated in the preceding section
shall be penalized with the imprisonment of not more than six (6) months or a fine of Ten
thousand Pesos (P10, 000).

SEC. 17. Implementing Rules and Regulations. ~ The Secretary of the Department of
Health shall promulgate the implementing rules and regulations, orders and other issuances as
may be necessary to implement and carry out the intent, objectives, purposes and provisions of
this Act.

SEC. 18. Separability Clause. — If any part, section or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in force and
effect.


SEC. 19. Repealing Clause. — All other laws, decrees, orders, issuances, rules and
regulations that are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

SEC. 20. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.

Approved.