Republic of the Philinvines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

1748
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The word autism can be traced to "autos", meaning salt The word was coined to
describe individuals who have "withdrawn within themselves" In medicine, autism, or
autism spectrum disorder, refers to a range of conditions characterized by challenges
with social skills, repetitive behaviors, speech and non-verbal communication, as well
as unique strengths and differences. The disorder includes a wide spectrum, which
encompasses individuals who remain nonverbal all their lives, as well as those who
manage to enter school and get formal education. At the end of the day, all persons
with autism require special attention and expert healthcare.

Rough estimates published by private autism support and focus groups report one
million cases of autism in the country, or double its 2008 figures. The sharp spike may
be attributed to improved detection, increase in population, or simply, an increase in
cases due to environmental and genetic factors. Being a highly variable neuro-
developmental disorder, it is not yet full researched or understood in this jurisdiction
due to financial constraints.

While there had been several attempts to provide government support to affected
individuals and their families, we have yet to establish measures for a truly consistent
and comprehensive legislative framework and operational plan to address autism in
the country.


It is high time that the State address autism disorder in the country and to
institutionalize support for it. First, the bill proposes the creation of a national
voluntary registry of children and adults with autism. The voluntary registry will
support autism research and public advocacy by providing a rich source of
information about families affected by autism, their health and quality of life, as well
as their access to services. Second, the bill shall mandate the regular conduct of
relevant surveys to determine the extent and total incidence and prevalence of
persons with autism in the country in order for the government to provide all the
necessary support.

The bill will also address the significant lack of healthcare professionals and experts
who are experienced and knowledgeable in the field, consequently reducing the
financial burden upon the families who are in need of professional assistance.

An Autism Council of the Philippines, under the Department of Health, is hereby
proposed to serve as an inter-agency and multi-sectoral mechanism tasked to

promote the implementation of this National Autism Program.

In light of the foregoing, the approval of this bill is earnestly sought.

LUIS RA IND Y” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL not 748

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

ee

AN ACT
INSTITUTING A COMPREHENSIVE PROGRAM FOR THE PREVENTION, EARLY
DETECTION, DIAGNOSIS, AND TREATMENT OF PERSONS WITH AUTISM
SPECTRUM DISORDERS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as "Autism Care Act of 2018"

SEC. 2. Declaration of Principles. — It is hereby declared the policy of the State to
protect and promote the right to health of the people, including the rights of persons.
with autism to full, healthy and holistic development. As such, the State shall promote
an environment conducive to the development of autistic persons to become, to the
best of their potentials, independent, self-reliant and productive members of society.

Towards this end, the State commits itself to the establishment of institutional
and social mechanisms to support children and adult persons with autism and their
families. In this light, the State shall institutionalize a holistic program for persons with
autism in the country that will be sensitive to their needs for purposes of empowering
and providing them quality of life.

SEC. 3. Definition of Terms. —As used in this Act, the following terms shall mean:


a) "Autism or Autism Spectrum Disorder" refers to a range of conditions
characterized by challenges with social skills, repetitive behaviors, speech and
nonverbal communication, as well as by unique strengths and differences. It
includes autism disorder, Asperger syndrome, Rett's syndrome, and pervasive
developmental disorders not otherwise specified,

b) "Diagnosis" refers to medically necessary assessments, evaluations including
neuropsychological evaluations, genetic testing or other tests to diagnose
whether an individual has one of the autism spectrum disorders.

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"Treatment" refers to those that are medically necessary, appropriate, effective
or efficient and shall include evaluation and assessment services; behavior
training and management and applied behavior analysis; habilitative or
rehabilitative care, including occupational, physical or speech therapy;

pharmacy care and medication; psychiatric care; psychological care; and
therapeutic care.

SEC. 4. Epidemiological Surveillance Programs. — The National Institute of Health
(NIH) is hereby mandated to conduct an annual epidemiological survey to determine
the extent and total incidence and prevalence of persons with autism in the country in
order for the government to provide the necessary and appropriate interventions to
address the needs faced by persons with autism.

The NIH is further mandated, in coordination with the Department of Health
(DOH), to strengthen its research focus on autism; to renew its investment into basic
and clinical research; to expand its research into the link between environmental
factors and autism; and to continue investigations into causation, diagnosis, early
detection, and treatment of autism spectrum disorders. Such factors that will be studied
shall include, among others, infection and immune function, hormonal and

reproductive factors, genetic factors, gastro-intestinal factors, and sociodemographic
factors.

SEC. 5. Prevention of Conflict of Interest in the Research Process. — Within six
(6) months from the date of effectivity of this Act, the DOH shall issue the necessary

standards, guidelines, and regulations in order to ensure that there is no conflict of
interest, whatsoever, between the research agenda of the researchers and the drug
manufacturers or government agencies promoting the use of a particular vaccine or
medicine for the treatment and rehabilitation of persons with autism. The DOH shall


ensure the timely publication and dissemination of information of these guidelines and
regulations in order to ensure that the various health providers and stakeholders all
over the country are adequately informed.

SEC. 6. Autism Council of the Philippines. — There is hereby created an Autism
Council of the Philippines ("Council") under the DOH shall serve as an inter-agency
and multi-sectoral mechanism tasked to promote the implementation of the National
Autism Program of the government. The Council shall endeavor:

a) to promote public awareness, education, and information on issues concerning
autism;

b) to establish sustainable networks of support groups for families of children and
adults with autism;

€) to provide referral services to patients with autism and identify the appropriate
educational and medical expertise and facilities suited to their needs;

d) to combat the spectrum of disorders related to autism through screening,
education, early intervention, prompt referrals for treatment and services;

€) to undertake research andlor collaborate with other entities on research
activities regarding autism in the Philippines;

f) to coordinate with schools in formulating individualized programs for school
children and young students with autism;

8) to receive donations and grants from intemational donor institutions,
foundations, and multilateral and bilateral foreign donor agencies involved in the
Prevention, cure and rehabilitation of persons with autism;

h) to promote the advocacy against bias and stereotyping against persons with
autism thereby eliminating discrimination and/or misconceptions of the notion of
being autistic with the need in being autistic with the need in view of opening
the doors of productive economic opportunities to persons with autism;

to provide the avenue for exchange for exchange of information, exchange
programs and sharing of best practices on issues relating to the early
detection, prevention, cure, treatment, and rehabilitation of persons diagnosed
with autism;

j) to network with other organizations, institutions, and professionals working for
the promotion of legislation and public programs for persons diagnosed with
autism; and

k) to assist in the creation of appropriate programs for individuals diagnosed with
autism.


SEC. 7. Composition of the Autism Council of the Philippines. — The Council shall be

headed by the Secretary of Health as the Chairperson. It shall be composed of the
following members:

a) The Secretary of Social Welfare and Development;

b) The Secretary of Education;
c) The Chairperson of the Council for the Welfare of Children (CWC);

d) The Chairperson of the National Council of Disability Affairs (NCDA);

) The Head of the NIH;

f) The Head of the Philippine Information Agency (PIA);

8) One (1) representative from the duly accredited association of caregivers in the
Philippines; h) One (1) representative from the duly accredited association of
caregivers in the Philippines;

i) One (1) representative from the duly accredited association of nurses in the
Philippines;

j) One (1) representative from the duiy accredited association of medical doctors
in the Philippines;

k)

One (1) representative from the non-governmental organizations (NGOs)
involved in the advocacy for the prevention, cure and rehabilitation of persons
with autism; and

One (1) representative from Local Government Units (LGUs) through Union of
Local Authorities of the Philippines (ULAP)

The five (5) members of the Council coming from the representatives of the drug
and vaccine manufacturers and distributors; caregivers; nurses; medical doctors and
non-governmental organizations shall be appointed by the President of the Philippines,
from a list of three (3) nominees from each sector, who shall serve for a term of three
(8) years, and renewabie for another term: Provided, That the person appointed shall
be of good moral characters, of unquestionable integrity, and with expertise and
experience of at least six (6) years in the field of autism, mental health, and other
related fields: Provided, further, That in the event of a vacancy, the successor
appointed to fill the same shall serve only the unexpired portion of the term of the
member he/she succeeds to.

The members of the Council from the government agencies and institutions ay
designate their permanent representatives who shall have a rank not lower than an
assistant secretary or its equivalent to attend meetings.


The members of the Council shall receive emoluments as may be determined
by the Council, in accordance with existing budget and accounting rules and
regulations.

SEC. 8. Meetings. — The Council shall meet at least once a month upon a three-day
notice signed by the Chairperson or as often as necessary upon the written request
signed by two-thirds (2/3) of its members. The presence of a majority of the members
of the Council shall constitute a quorum in order for it to conduct its business.

‘SEC. 9. Programs and Services of the Autism Council. — The programs and services
that will be provided by the Council shall include, among others, the following:

a) Orientation and counselling services for families of newly diagnosed with
autism;

b) Establishment of Family Support Networks and Sibling Program for families of
persons with autism to seek psycho-social support for the various problems they
face;

Establishment of National and Regional Referral Services wherein the Council
will update a list of professionals and child care institutions concerned with the
case and development of persons with autism;

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d

Publication of reading materials, manuals, and easily readable instruction

materials for autism early detection, prevention, rehabilitation, and care;

e) The conduct of continuing education, formation, and training programs and
lectures on the proper handling of persons with autism:

f

The establishment of a databank and information and monitoring system (IMS)
‘on the demographic, socio-economic, and incidence and prevalence of persons
with autism in the country;

g) The publication of a newsletter on current developments, resources and
research on autism; and

h) The conduct of continuing education/training of families, teachers, therapists

and caregivers of persons with autism through seminars, conventions and other
forms of tri-media educational tools,

SEC. 10. Early identification and Intervention for Children with Autism. — The Council
is hereby mandated to establish a program for early identification, screening, and
detection of autism, and to provide the appropriate services to children and toddlers
with developmental delays associated with autism. The Council is tasked to monitor


and update the list of children diagnosed with autism in the country in its central registry

so that such persons may be referred to programs of the government, should the same
become available.

SEC. 11. Treatment as Persons with Disabilities. — All persons with autism shall be
treated persons with disability as defined under Republic Act No. 7277, as amended.
As such, they shall be entitled to all the rights, privileges and benefits provided for
persons with disabilities and existing laws.

SEC. 12, Mandatory PhilHealth Coverage. — All persons with autism shall be covered
by the National Health Insurance Program of the Philippine Health Insurance
Corporation (PHIC). Funds necessary to ensure the enrolment of all persons with
autism who are not currently covered under any existing category shall be sourced from
the National Health Insurance Fund of PHIC earmarked from the proceeds of tax
collections as provided for in Republic Act No. 10351. It shall likewise include the cost
Of early detection and screening programs as one of the available benefits of its
members.

SEC. 13. Continuing Education and Training of Health Personnel and Service
Providers on Autism. — Ali DOH, DSWD, CWC, NCDA officers and their staf in charge
Of providing various developmental and welfare services to persons with autism are
mandated to undergo a mandatory continuing education and training program to

sensitize and empower service providers to become effective frontliners in the delivery
of health services to persons with autism.

SEC. 14. Protection against Forcible Use of Cures and Vaccines. —The DOH shall
formulate the necessary guidelines, standards and procedures against the forcible use
of cures, vaccines, and therapies to persons diagnosed with autism in order to uphold
the right of every individual to give informed consent to medical treatment administered
to them as well as to protect their right to determine for themselves the medical
treatment to which they shall be subjected.

The DOH shall promulgate guidelines and standards to ensure that the interventions
and programs being provided by the government for persons diagnosed with autism do

Not violate their basic human rights, particularly as regards their rights to determine
their own decisions.


SEC. 15, Protection against Discrimination in Schools. — The Department of
Education (DepEd), in coordination with the DOH, Department of Social Welfare and
Development (DSWD), and CWC, and the NIH, shall formulate the necessary
implementing rules and regulations to ensure that all educational institutions shall be
free from policies and regulations discriminatory to school children and young students
suffering from autism. Towards this end, the DepEd shall conduct an annual staff to
empower them to effectively handle school children and young students suffering from
autism

SEC. 16. Non-Discrimination of Adults Suffering from Autism. — Within six (6) months
from the date of effectivity of this Act, the Council shall formulate the necessary
guidelines, standards, and regulations in order to ensure that adults with autism are not
discriminated against due to their condition. The Council shall ensure the timely
Publication and dissemination of information of these guidelines and regulations in
order to ensure that the various stakeholders all over the country in the early detection,
prevention, rehabilitation, and care of persons with autism are adequately informed.

SEC. 17. Confidentiality of Medical Information for Persons with Autism. — To ensure
that the early detection, screening tests, vaccination, medical treatment, and
rehabilitation of persons suffering from autism are implemented, the DOH, in
consultation with the Department of Justice(DOJ), shall formulate the pertinent
implementing rules and regulations to ensure the confidentiality of the medical records
Of persons suffering from autism in order to protect the unwarranted intrusion into the
Privacy of the person, particularly in relation to the medical condition of the patient.

SEC. 18. Appropriation. — The amount necessary to carry out the provisions of this
Act shall be included and incorporated in the annual general appropriations of DOH.

SEC. 19. Implementing Rules and Regulations. — Within six (6) months from the
effectivity of this Act, the DOH, in coordination with the DSWD, DepEd, CWC, NIH,
NCDA and PIA, shall promulgate the necessary implementing rules and regulations to
implement the provisions of this Act.

SEC. 20. Separability Clause. — If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.


SEC. 21. Repealing Clause. — All laws, Presidential decrees, executive orders and
tules and regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

Approved,