FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Third Regular Session 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Sections 13 and 15 provide: 
Section 13. The State recognizes the vital role of the youth in nation- 
building and shall promote and protect their physical, moral; spiritual, 
intellectual, and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
Section 15. The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Access to quality basic services in health remains a major challenge for Filipino children. 
Eight out of ten children do not have access to early childhood services. A large number of very 
young children in the country have iron deficiency anemia. Older children suffer from soil- 
transmitted parasitic worms that cause malnutrition and diseases. Moreover, one in five Filipino 
school children is underweight. 
This Act aims to provide school children access to quality health services through the 
public elementary and secondary schools. 


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UFF:,,t .;+ 
: 
, i i - i , C . ;  
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third Regular Session 
) 
9 JUL ill P;‘:32 
SENATE 
.- 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROMOTING THE HEALTH OF CHILDREN ATTENDING PUBLIC ELEMENTARY AND 
SECONDARY SCHOOLS 
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 “Public School Health Act of 
2009.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State: 
(a) 
To recognize the vital role of the youth in nation-building and promote and 
protect their physical, moral, spiritual, intellectual, and social well-being. 
(b) 
To recognize the right of the child to the enjoyment of the highest attainable 
standard of health and to facilities for the treatment of illness and rehabilitation of health. It is 
the duty of the State to ensure that no child is deprived of his or her right of access to such health 
care services. 
(c) 
To prioritize the delivery of basic social services in health and nutrition to 
children. 
SECTION 3. Definitions. -In this Act, the term - 
(a) 
“City school board” refers to the school board in a city, as established in Republic 
Act No. 7160, or the Local Government Code of 1991; 
(b) 
“Division officds” refers to the division offices of the Department of Education, 
as established in Republic Act No. 9155, or the Governance of Basic Education Act of2001; 
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(c) 
“Municipal school board” refers to the school board in a municipality, as 
established in RA No. 7160; 
(d) 
inRANo. 7160; 
(e) 
(f) 
RA No. 9155; and 
(8) 
“Provincial school board” refers to the school board in a province, as established 
“Regional director” refers to the head of a regional office of the DepEd; 
“Regional office/s” refers to the regional offices of the DepEd, as established in 
“Schools division superintendent” refers to the head of a division office of the 
DepEd. 
SECTION 4. Compliance with Public Health Statutes and Regulations. - Each division 
and regional office of the Department of Education shall maintain the facilities under its 
jurisdiction in accordance with the applicable public health statutes and rules and regulations 
issued by the Department of Health. 
SECTION 5. Guidelines on Physical Health Needs of Students. - (a) The Secretary of 
Education shall (1) develop guidelines for addressing the physical health needs of students in a 
comprehensive manner that coordinates services, and (2) make available to each division and 
regional office a copy of the guidelines. The Secretary shall develop the guidelines after public 
consultations. Division and regional offices of the Department of Education may establish and 
implement plans based on the guidelines established by the Secretary. 
(b) 
The guidelines shall include, but need not be limited to: 
(1) 
plans for engaging students in daily physical exercise during regular 
school hours and strategies for engaging students in daily physical 
exercise before and after regular school hours in coordination with the 
parks and recreation offices of local governments; 
strategies for coordinating school-based health education, programs, and 
services; 
(2) 
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(3) 
(4) 
procedures for assessing the need for community-based services such as 
services provided by school-based health clinics, local parks and 
recreation agencies, family resource centers, and after-school programs; 
procedures for maximizing monetary and other resources from local and 
national sources to address the physical health needs of students. 
SECTION 6. Required Immunizations. - Each schools division superintendent shall 
require each child to be protected by adequate immunization against diphtheria, pertussis, 
tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenza type B, and any other 
vaccine pursuant to guidelines established by the Secretary of Education, in consultation with the 
Secretary of Health, before being permitted to enroll in any program operated by a public school 
under its jurisdiction. Any such child who (1) presents a certificate from a physician or 
government health clinic or hospital stating that initial immunizations have been given to such 
child and additional immunizations are in process under the said guidelines and schedules 
specified by the Secretary of Education; or (2) presents a certificate from a physician stating that 
in the opinion of such physician, such immunization is medically contraindicated because of the 
physical condition of such child; or (3) presents a statement from the parents or guardian of such 
child that such immunization would be contrary lo the religious beliefs of such child; or (4) in 
the case of measles, mumps, or rubella, presents a certificate from a physician or from the health 
center in such child's present or previous town of residence, stating that the child has had a 
confirmed case of such disease; or (5) in the case of hemophilus influenzae type B has passed his 
or her fifth birthday; or (6) in the case of pertussis, has passed his or her sixth birthday, shall be 
exempt from the appropriate provisions of this section. The expenses of the immunizations shall 
be shouldered by the Department of Education from fmds to be appropriated for the purpose. 
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SECTION 7. Immunity from Liability. - No government health clinic or hospital or 
public official who causes an immunization required by law to be administered shall be liable for 
civil damages resulting from an adverse reaction to a nondefective vaccine. 
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SECTION 8. Appointment of School Medical Advisors. - Each schools division 
superintendent shall appoint one or more legally qualified practitioners of medicine as school 
medical advisors. The advisor or advisors shall be assigned to the public schools. The schools 
division superintendent shall provide such medical advisors with adequate facilities to conduct 
health examinations of individual pupils and to discharge such duties as the schools division 
superintendent may prescribe. In municipalities or cities in which the Department of Health 
and/or the local government is maintaining such service substantially as required in connection 
with the school program of health supervision and other duties performed by school medical 
advisors, the local government shall appoint and assign, with the consent of the schools division 
superintendent, such advisors. Each schools division superintendent shall prescribe the functions 
and duties of the school medical advisor in order that the program of health protection and health 
supervisioii shall be carried out. 
SECTION 9. Duties of Medicel Advisors. - (a) Each school medical advisor shall make a 
prompt examination of all pupils referred to such medical advisor by the school nurse, teacher, or 
principal, and shall interpret to such nurse, teacher, or principal, and to the parents of each such 
pupil, such medical advisor’s findings, with recommendations as to how the pupil should be 
cared for and what provisions, if any, should be made at the school for the care and welfare of 
such pupil. Each such school medical advisor shall also make examinations of teachers, janitors, 
and others in the employment of the school when requested to do so by the schools division 
supervisor or when, in such medical advisor’s opinion, such examinations are necessary for the 
protection of health, provided such medical advisor shall accept the report o f  an equivalent 
physical examination by any reputable physician chosen by such teacher, janitor, or other 
employee in lieu thereof. Such medical advisor shall make such sanitary inspection of school 
buildings as, in such medical advisor’s opinion, is necessary for the protection of the health of 
pupils. The school medical advisor shall take steps to preserve and improve the health of pupils 
in accordance with the statutes and rules and regulations by the Secretary of Health or the 
sanitary ordinances in force in such town or city. 
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the regional director. 
(b) 
With the approval of the regional director, the school medical advisor may 
establish a diagnostic and treatment program for health and dental services to pupils, provided no 
costs incurred for such health service shall be charged the regional office without the approval of 
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SECTION 10. Health Assessments. - (a) Each schools division superintendent shall 
require each pupil enrolled in the public schools to have health assessments pursuant to the 
provisions of this section. 
Such assessments shall be conducted by a legally qualified 
practitioner of medicine, an advanced practice registered nurse or registered nurse, or by the 
school medical advisor to ascertain whether such pupil is suffering from any physical disability 
tending to prevent such pupil from receiving the full benefit of school work and to ascertain 
whether such school work should be modified in order to prevent injury to the pupil or to secure 
for the pupil a suitable program of education. No health assessment shall be made of any child 
enrolled in the public schools unless such examination is made in the presence of the parent or 
guardian or in the presence of another school employee. The parent or guardian of such child 
shall receive prior written notice and shall have a reasonable opportunity to be present at such 
assessment or to provide for such assessment himself or herself. 
(b) 
Each schools division superintendent shall require each child to have a health 
assessment prior to public school enrolment. The assessment shall include: 
(1) 
a physical examination which shall include hematocrit or hemoglobin 
tests, height, weight, blood pressure, and chronic disease assessment; 
an updating of immunizations as required under section 6; 
vision, hearing, speech, and gross dental screenings; and 
such other information, including health and developmental history, as the 
physician feels is necessary and appropriate. 
(2) 
(3) 
(4) 
(c) 
The results of each assessment done pursuant to this section and the results of 
screenings done pursuant to section 21 shall be recorded on forms prescribed by the Secretary of 
Health. Such infoimation shall be included in the cumulative health record of each pupil and 
shall be kept on file in the school such pupil attends. If a pupil permanently leaves the school 
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district under the jurisdiction of the schools division superintendent, the pupil’s original 
cumulative health record shall be sent to the schools division superintendent of the school district 
to which such student moves. The schools division superintendent transmitting such health 
record shall retain a true copy. Each physician, advanced practice registered nurse, registered 
nurse, or physician assistant performing health assessments and screenings pursuant to this 
section and section 21 shall completely fill out and sign each form and any recommendations 
concerning the pupil shall be in writing. 
(d) 
Appropriate school health personnel shall review the results of each assessment 
and screening as recorded pursuant to subsection (c) of this section. When, in the judgment of 
such health personnel, a pupil is in need of further testing or treatment, the schools division 
superintendent shall give written notice to the parent or guardian of such pupil and shall make 
reasonable efforts to assure that such further testing or treatment is provided. Such reasonable 
efforts shall include a determination of whether or not the parent or guardian has obtained the 
necessary testing or treatment for the pupil, and, if not, advising the parent or guardian on how 
such testing or treatment may he obtained. The results of such further testing or treatment shall 
be recorded pursuant to subsection (c) of this section, and shall be reviewed by school health 
personnel pursuant to this subsection. 
SECTION 11. Tests for Lead Levels. - Each principal of a public school shall require 
each child attending the school to be tested for lead levels in the blood after consultation with the 
school medical advisor and the schools division superintendent that such tests are necessary. 
SECTION 12. Annual Report on Whether Pupil has Health Insurance. - Each schools 
division superintendent shall require each pupil enrolled in the schools under his or her 
jurisdiction to annually report whether the pupil has health insurance. 
The Insurance 
Commissioner shall provide information on government-sponsored health insurance programs 
for children, including application assistance for such programs. 
Each schools division 
superintendent shall provide such information to the parent or guardian of each pupil identified 
as uninsured. 
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SECTION 13. Exemption from Examination or Treatment. - No provision of this Act 
shall be construed to require any pupil to undergo a physical or medical examination or 
treatment, or to be compelled to receive medical instruction, if the parent or legal guardian of 
such pupil or the pupil, if such pupil is an emancipated minor or is eighteen years of age or older, 
in writing, notifies the teacher or principal or other person in charge of such pupil that such 
parent or guardian or pupil objects, on religious grounds, to such physical or medical 
examination or treatment or medical instruction. 
SECTION 14. Physical Activity of Student Restricted. - Each principal shall honor 
written notice submitted by a licensed practitioner which places physical restrictions upon any 
pupil enrolled in the public school. 
SECTION 15. Confidentiality of Records. - (a) No record of any medical examination 
made or filed pursuant to this Act, or of any psychological examination made under the 
supervision or at the request of a schools division superintendent, shall he open to public 
inspection. 
(b) 
Each health care provider who has provided immunizations or health assessments 
pursuant to this Act to a child who is seeking to enroll in a public school shall provide reports of 
such immunizations and health assessments to the designated representative of the school district 
governing the school in which the child seeks to enroll. Each schools division superintendent 
shall annually designate a representative to receive such reports from health care providers. 
SECTION 16. Notice of Disease to be Given Parent or Guardian. - Subject to the 
provisions of section 13 notice of any disease or defect from which any child is found by such 
school medical advisor to be suffering shall be given to the parent or guardian of such child, with 
such advice or order relating thereto as such medical advisor deems advisable, and such parent or 
guardian shall cause such child to be treated by a reputable physician for such disease or defects, 
When any child shows symptoms of any communicable disease, notice shall also be given to the 
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local health center and such child shall be excluded from attendance at such school and not 
permitted to return without a permit from the director of the local health center. 
SECTION 17. School Nurses. - (a) Each schools division superintendent shall appoint 
one or more school nurses. Such school nurses may also act as visiting nurses in the town or 
city, may visit the homes of pupils in the public schools, and shall assist in executing the orders 
of the school medical advisor, and perform such other duties as are required by the schools 
division superintendent. 
(b) 
School nurses appointed by the district or regional office and any nurse provided 
to a nonpublic school shall submit to a criminal history records check in accordance with 
appropriate rules and regulations. 
SECTION 18. Administration of Medications in Schools and at Athletic Events. - (a) A 
school nurse may administer, subject to the provisions under this section, medicinal preparations 
to any student at such school pursuant tu the written order of a licensed physician or dentist and 
the written authorization of a parent or guardian of such child. The administration of medicinal 
preparations by a principal, teacher, licensed physical or occupational therapist employed by a 
school district, or coach shall be under the general supervision of a school nurse. No such school 
nurse or principal, teacher, licensed physical or occupational therapist employed by a school 
district, or coach shall be liable to such student or a parent or guardian of such student for civil 
damages for any personal injuries that result from acts or omissions of such school nurse or 
principal, teacher, licensed physical or occupational therapist employed by a school district, or 
coach in administering such preparations that may constitute ordinary negligence. 
This 
immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. 
(b) 
Each schools division superintendent who. allows a school nurse or, in the absence 
of such nurse, the principal, any teacher, licensed physical or occupational therapist employed by 
a school district, or coach of intramural and interscholastic athletics of a school to administer 
medicine or who allows a student to self-administer medicine shall adopt written policies and 
procedures, in accordance with this section and the regulations adopted pursuant to this section, 
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The policies and procedures shall be adopted in consultation with the school medical advisor or 
other qualified licensed physician. 
(c) 
Each school wherein any controlled drug is administered under the provisions of 
this section shall keep such records thereof as are required o f  hospitals and shall store such drug 
in such manner as the statutes, rules, or regulations shall require. 
(d) 
Nothing in this section shall be construed to prohibit the administering of 
medications by parents or guardians to their own children on school grounds. 
SECTION 19. Policies Prohibiting the Recommendation of Psychotropic Drugs by 
School Personnel. - (a) For purposes of this section, “psychotropic drugs” means prescription 
medications for behavioral or social-emotional concerns, such as attentional deficits, impulsivity, 
anxiety, depression, and thought disorders, and includes, but is not limited to, stimulant 
medication and antidepressants. 
(b) 
Each schools division superintendent shall adopt and implement policies 
prohibiting any school personnel from recommending the use of psychotropic drugs for any 
child. Such policies shall set forth procedures (1) for communication between school health or 
mental health personnel and other school personnel about a child who may require a 
recommendation for a medical evaluation; (2) establishing the method in which school health or 
mental health personnel communicate a recommendation to a parent or guardian that such child 
be evaluated by an appropriate medical practitioner; and (3) for obtaining proper consent from a 
parent or guardian of a child for the school health or mental health personnel to communicate 
about such child with a medical practitioner outside the school who is not a school employee. 
The provisions of this section shall not prohibit (1) school health or mental health 
personnel from recommending that a child be evaluated by & appropriate medical practitioner; 
(2) school personnel from consulting with such practitioner with the consent of the parents or 
guardian of such child; (3) the planning and placement team from recommending a medical 
evaluation as part of an initial evaluation or reevaluation, as needed to determine a child’s (i) 
eligibility for special education and related services; or (ii) educational needs for an 
individualized education program. 
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SECTION 20. Life-threatening Food Allegies. - (a) The Secretary of Education, in 
consultation with the Secretary of Health, shall develop guidelines for the management of 
students with life-threatening food allergies. The guidelines shall include, but need not be 
limited to: (1) educational and training for school personnel on the management of students with 
life-threatening food allergies; (2) procedures for responding to life-threatening allergic reactions 
to food; (3) a process for the development of individualized health care and food allergy action 
plans for every student with a life-threatening food allergy; and (4) protocols to prevent exposure 
to food allergens. 
(b) 
Not later than ninety (90) days from the issuance of the guidelines developed 
pursuant to subsection (a) of this section, each division and regional office shall implement a 
plan based on said guidelines for the management of students with life-threatening food allergies 
enrolled in the schools under its jurisdiction. 
SECTION 21. Vision, Audiometric, and Postural Screenings. - (a) Each schools division 
superintendent shall provide annually to each pupil a vision screening. The school principal 
shall give written notice to the parent or guardian of each pupil who i s  found to have any defect 
of vision or disease of the eyes, with a brief statement describing such defect or disease. 
(b) 
Each schools division superintendent shall provide annually audiometric 
screening for hearing to each pupil. The school principal shall give written notice to the parent 
or guardian of each pupil found to have any impairment or defect of hearing, with a brief 
statement describing such impairment or defect. 
(c) 
Each schools division superintendent shall provide annual postural screenings for 
each pupil. The school principal shall give written notice to the parent or guardian of each pupil 
who evidences any postural problem, with a brief statement describing such evidence. 
(d) 
Test results or treatment provided as a result of the screenings pursuant to this 
section shall be recorded on forms pursuant to Section 10. 
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SECTION 22. Eye-protective Devices. - The Secretary of Education, in consultation with 
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the Secretary of Health, shall make regulations concerning the use of appliances and devices for 
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eye protection in the laboratories and workshops of all public and private elementary and 
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secondary schools, including vocational technical schools. Such regulations shall prescribe the 
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kind and construction of such appliances and devices and the times during which they shall be 
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used. The schools division superintendent shall be responsible for compliance with said 
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regulations. 
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SECTION 23. Health Services for Children in Private Nonprojit Schools. - Each school 
district which provides health services for children attending its public schools shall provide the 
same health services for children attending private nonprofit schools therein. 
SECTION 24. Lunches, Breayasts, and Other Feeding Programs for Public School 
Children and Employees. - (a) Any provincial, city, or municipal school board may establish and 
operate a school lunch program for public school children, may operate lunch services for school 
employees, may establish and operate a school breakfast program, or may establish and operate 
such other child feeding programs as it deems necessary. Charges for such lunches, breakfasts, 
or other such feeding may be fixed by such boards and shall not exceed the cost of food, wages, 
and other expenses directly incurred in providing such services. Such board is authorized to 
purchase the necessary equipment and supplies, to employ the necessary personnel, to utilize the 
services of volunteers, and to receive and expend any funds, equipment, and supplies which may 
become available to carry out the provisions of this section. The board may vote to designate 
any volunteer organization within the locality to provide a school lunch program, school 
breakfast program, or other child feeding program in accordance with the provisions of this 
section. 
(b) 
The provincial, city, or municipal school board is authorized to expend in each 
fiscal year funds to implement the feeding programs pursuant to this section. 
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SECTION 25. Nonpublic School and NonproJit Agency Participation in Feeding 
Programs. - Nonpublic schools and nonprofit agencies may participate in the school breakfast, 
lunch, and other feeding programs provided under this Act pursuant to such regulations as may 
be promulgated by the provincial, city, or municipal school board, except such schools and 
agencies shall not be eligible for public funding. 
SECTION 26. Regulations on Nutrition Standards for School Breakjiasts and Lunches. - 
The Secretary of Education, in consultation with the Secretary of Health, shall adopt regulations 
concerning nutrition standards for breakfasts and lunches provided to students by provincial, 
city, or municipal school boards. 
SECTION 27. Nutrition Standards for Food that is Not Part of Breayhst or Lunch 
Program. - The Secretary of Education, in consultation with the Secretary of Health, shall 
annually publish a set of nutrition standards for food items offered for sale to students at schools. 
SECTION 28. Certification that Food Meets Nutrition Standards. - Each schools 
division superintendent shall certify lo the provincial, city, or municipal school board in the 
annual application for school lunch funding whether, during the school year for which such 
application is submitted, all food items made available for sale to students in schools under his or 
her jurisdiction will meet the nutrition standards pursuant to sections 25 and 26. 
Such 
certification shall include food offered for sale to students at all times, and from all sources, 
including, but not limited to, school stores, vending machines, school cafeterias, and any activity 
on school premises, whether or not school sponsored. 
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SECTION 29. In-classroom School Brealfast Pilot Program. - (a) There is established 
an in-classroom school breakfast pilot program. The Department of Education shall maintain a 
competitive grant program for the purpose of assisting severe need schools, as defined by 
appropriate regulations, to establish in-classroom school breakfast programs. 
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(b) 
Applicants for grants provided pursuant to subsection (a) of this section shall 
apply annually to Secretary of Education at such time and in such manner as the Secretary 
prescribes. In determining whether to award an applicant a grant for an in-classroom school 
breakfast program, the Secretary shall consider, at a minimum, the following factors: (1) the 
specific objectives and description of the proposed program; (2) the cost of the proposed 
program; (3) the number of children who will benefit from the proposed program; and (4) 
whether the proposed program is likely to increase the number of students receiving nutritious 
breakfasts. 
SECTION 30. Rules and Regulations. -The Secretary of Education shall promulgate the 
implementing rules and regulations within ninety (90) days after the approval of this Act. 
SECTION 31. Separability Clause. - If for any reason, any portion or provision of this 
Act shall be declared unconstitutional, other parts or provisions hereof which are not affected 
thereby shall continue to be in full force and effect. 
SECTION 32. Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations, part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed 
or modified accordingly. 
SECTION 33. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
jab 100709 
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