Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House BILL No. 4639

Introduced by Representative DAVID “JAY-JAY” C. SUAREZ

EXPLANATORY NOTE

Article 11, Section 15 of the 1987 Philippine Constitution provides “the State shall protect and
promote the right to health of the people and instill health consciousness among them”.

In the past two years we have witnessed thousands of health and medical emergencies brought
about by the COVID-19 pandemic. ‘This representation filed HB 06821 on May 26, 2020 entitled ‘An
‘Act Instituting the Medical Reserve Corps, Appropriating Funds ‘Therefor and For Other Pusposes” or
Medical Reserve Corps of 2020 with the end view to organize a group of professionally trained and
‘equipped medical and health related personnel for rapid deployment dusing public health emergencies
that require manpower support to reinforce the national agencies and local government units responders.

‘The Medical Reserve Corps can be called upon and mobilized by the President of the Republic
of the Philippines as needed in addressing the medical needs of the public with adequate medically-trained
personnel in times of emergencies.

‘The Medical Reserve Corps (MRC) under the Health Emergency Management Bureau of the
DOH shall consist of the following:

1), Licensed physicians
2). Graduate of medicine, registered nurse and other medical courses
3). Licensed allied health professionals.

‘This bill is the version as refined by the committee and the plenary in the 18" Congress. In view
of the amount of time and effort expended on it, and the number of stakeholders and resource persons
who have dedicated theie time and shared their insights, as well as the obvious importance of its
objectives, its immediate passage is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

4639

HOUSE BILL NO.

Introduced by Representative DAVID “Jay-Jay” C. SUAREZ

AN ACT
INSTITUTING THE MEDICAL RESERVE CORPS AND APPROPRIATING FUNDS
THEREFOR

Beit enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. Short Tide. - This Act shall be known as the “Medical Reserve Corps Act.”

SEC. 2. Declaration of Policy. — Asticle I, Section 15, of the Constitution enjoins the State to
protect and promote the right to health of the people and instill health consciousness among them.
Asticle XIII, Section 11 alsd provides for the adoption of an integrated and comprehensive approach to
health development. The State further reiterates its commitment to the Sustainable Development Goals
(SDGs), particularly SDG 3, which calls on the State to ensure healthy lives and promote well-being for
all at all ages.

‘The State recognizes the need for a reserve force of highly skilled and medically trained
professionals and volunteers who can be mobilized to maintain the capacity to meet susges in the demand
for the country’s healthcare system and provide assistance as may be needed in times of health crises.

Pursuant to this, it is the policy of the State to maintain a strong, proactive and responsive
healthcare system at all times, the workforce complement of which can be expanded rapidly by a well-
trained and well-equipped Medical Reserve Comps (MRC) in times of public health emexgency and health
threats. Towards this end, the State shall enhance the capacity of the nation to produce and call on the
needed manpower and expand its human health resources in times of disasters and public health
emergencies of both national and local scale through the mobilization of the MRC.


SEC. 3. Medical Reserve Corps Service. - ‘There is hereby established an MRC whose primary
mission is to support the country’s health system in times of public health emergencies or health threats,
and which shall be composed of the following:

a. Licensed physicians inchding those who are retired and those who are no longer practicing in
the hospital setting. The Department of Health (DOH) may coordinate and collaborate with
the accredited integrated professional organization or accredited professional organization of
physicians for the engagement of private practitioners;

b. Medical students who have completed four (4) years of medical course, graduates of medicine,
and registered nurses who may be issued by the Secretary of Health with a limited and special
authorization to render medical service pursuant to Republic Act No. 2382, otherwise known
as the Medical Act of 1959; and

¢. Licensed allied health professionals.

‘The MRC shall be organized, trained, developed and maintained so as to ensuse their readiness
to immediately respond to the call to service.

SEC. 4. Organization. - The MRC shall be under the control and supervision of the Health
Emergency Management Bureau (HEMB) of the DOH.

‘The DOH shall develop an effective and efficient MRC organization and structure that is
responsive to national and local disasters and other public health emergencies, under such rules and
regulations as the Secretary of Health may prescribe.

SEC. 5. Registration and Training. - The DOH shall draft guidelines for the receuitment,
selection, compensation, and provision of incentives for joining and continued membership, and length
of service of the MRC members.

The DOH shall also prescribe a continuing training program for the MRC recruits and members,
through written, practical ad simulation activities on various aspects of health emergency management
and response and on the different health emergency situations and scenarios, such as natural and man-
made disasters, epidemics, pandemics, and other threats to public health. To this end, all recruits must
undergo:

a. Compulsory basic training for a period to be set by the DOH on disaster and health emergency
response, the okganization and structure of the MRC, and such other areas as may be
prescribed by the DOH. Recruits shall be given compensation for their attendance thereto;
and !

b. Continuing training and other activities to be conducted in coordination with relevant and
qualified agencies in the private and public sector, including the Armed Korces of the
Philippines (AFP) and the National Disaster Risk Reduction and Management Council, to
improve and reinforce skills. All registered members shall undergo continuing training on a
regular basis to upgrade their proficiency.

Successful completion of the compulsory basic training shall be a requisite for admission into the


MRC. Successful completion of activities in the continuing training program shall be a requisite for
promotion within the MRC.

__ SEC. 6. Registry and Accounting of Members of the MRC. — Registered members of the
‘MRC shall be issued individual serial numbers which will serve as their identification in case of
deployment.

‘The DOH shall maintain and update a registry or database containing the names of the members
of the Corps, their serial numbers, address, contact details and such other information as the DOH may
determine, in accordance with applicable privacy laws. For this purpose, all public and private colleges,
universities and learning institutions shall transmit annually their records of the graduates covered under
this Act tothe DOH. |

An MRC Identification Card that describes the certification information of Corps members, as
well as other necessary identifying information that may be determined by the DOH, shall also be issued.

All graduates covered under this Act are required to update their addresses and contact details on
file with the DOH as oftenias necessary. Orders of deployment sent to the addresses and/or through the
contact details on file with the DOH shall be sufficient notice for purposes of deployment.

In cases when a griduate has changed addeess immediately prior to deployment, the LGU shall
immediately exert efforts to locate his known closest resident kin, who is then mandated to exert similar
efforts. The use of digital communications and social media shall be encouraged in locating such
graduates,

SEC. 7. Medical Reserve Corps Mobilization. — The prompt mobilization of the MRC shall
be carried out by authority of the Secretary of Health, upon the recommendation of the Director of the
HEMB or upon the request of national government agencies or local government units (LGUs), in order
to meet the needs of the populace in times of public health emergencies, whether of local or national
scale, and for such other purposes in response to threats to public health.

‘The MRC may be mobilized pastially or in full as may be necessary. The DOH shall promulgate
the mechanisms by which deployment is efficiently implemented, including the organization of the Comps
to be deployed, their territdrial assignments, how deployment orders are communicated to each membet
of the Corps and to which mobilization center they will report.

‘As defined in Republic Act No. 11332, otherwise known as the “Mandatory Reporting of
Notifiable Diseases and Health Events of Public Health Concern Act,” public health emergency refers
to an occurrence or imminent threat of an illness or health condition that:

(1) Is caused yay of the following:
@ Bio terracism;

@ Appearince of a novel or previously controlled or eradicated infectious agent or
biological toxin;

(ii) A natusil disaster,
(jv) A chemical attack or accidental release;
MA nuclear attack or accident; or


(vi) An attack ot accidental release of radioactive materials; aind

2) Poses a high pebbability of any of the following:

@ A large aumber of deaths in the affected population;
i) A large number of serious injusies or long-term disabilities in the affected population;

(ii) Widespread exposure to an infectious or toxic agent that poses a significant risk of
substantial harm to a lasge number of people in the affected population;

Gv) International exposure to an infectious or toxic agent that poses a significant risk to
the health of citizens of other countries; or

(© Trade and travel restrictions.

SEC. 8. Deployment Order. - The President of the Philippines, upon recommendation of the
DOH, may order the natiénwide mobilization of the MRC to complement the AFP Medical Corps in
case of a declaration of a state of war, state of lawless violence or state of calamity.

SEC. 9. Mobilization Centers. - There shall be established in each province as many
‘mobilization centers as néeded to which members of the MRC shall report to when mobilization is
ordered.

Mobilization centers may be any establishment or facility that can adequately house the MRC
members, and their equipment and supplies during the period of deployment, including multi-purpose
halls, gymnasiums, and other similar structures, based on other requirements that the DOH shall
prescribe. The DOH shall, in consultation with the local executives, prescribe the location of the
mobilization centers. The local executives shall disseminate to the widest extent possible information to
the public on the location of these centers.

SEC. 10. Mobilization Stock. - The minimum essential individual and Organizational and
‘medical equipment and supplies shall be procured, stored, and maintained to enhance rapid transition to
‘readiness required for employment in the shortest possible time.

‘The DOH shall ensure and maintain the necessary capacity to scale up the procurement of these
‘equipment and supplies as needed during the period of mobilization,

SEC. U1. Enlistment of the AFP. - The Secretary of Health may enlist the AFP to provide
expertise on the organization and structure of the MRC for efficient, effective and swift deployment, as
well as for training of the MRC recruits on disaster and emergency response.

‘The Secretary of Health may also recommend to the President the enlistment of the AFP to
supplement the mobilized|MRC for the purpose of providing logistics and manpower for large-scale
operations in times of public health emergency, contact tracing and monitoring of suspected cases,
enforcing-quarantine meaguses in specific areas or facilitating the transport of emerging infectious
diseases patients, and for such other related purposes.

SEC. 12. Protection to MRC Members. — All MRC members shall be accorded protection as
provided by existing labor laws and standards and other relevant occupations, safety, environmental, and


social legislation.

SEC. 13. Compensation and Benefits. — Members of the MRC who render service shall receive
all the pay and allowances, medical care, hospitalization, other privileges and benefits during the period
of mobilization as prescribed by law or regulation. They shall also continue to receive all pay, allowances,
and other privileges and benefits from their regular employment during the mobilization period in
accordance with law.

SEC. 14. Legal Liability and Malpractice Insurance. ~ No MRC member shall be held liable
for the death of or injury to any person or for the loss of, or damage to, the property of any person where
such death, injury, loss, or damage was proximately caused by the circumstance of an actual public health
‘emergency or its subsequent conditions, or the circumstances of the formal exercise or training if such
formal exercise or training simulates conditions of an actual emergency.

The Insurance Cothmission is mandated to develop public health emeigesicy-specific malpractice
insurance policy or modify existing policies that would protect MRC professionals’ efforts from any legal
liability as provided for by this Section to allow them to respond in good faith during public health
emergencies.

This Section shall not preclude liability for civil damages as a result of gross negligence,
recklessness, or willful misconduct.

SEC. 15. Termination of Deployment. — Upon the expiration of the period of deployment,
without an extension having been requested and approved by the DOH, members of the MRC who are
deployed pursuant to a public health emergency shall be discharged from the performance of their duties.
The deployment may also be tecminated earlier upon a determination by the DOH, in consultation with
the requesting national government agency or LGU, that such deployment is no longer required in
accordance with this Act.

SEC. 16, Annual Reports. — The DOH shall regulaely publish an annual report containing a
list of the accomplishments, status of the operations, demographic profile of the membership of the
MRC, an assessment of readiness for mobilization, and the incidence and details of each mobilization for
the year concemed. The annual report shall also include the results of the audit investigation on the
spending of funds appropaated, collected, or advanced for the implementation of the provisions of this
Act.

SEC. 17. Failure to Respond to Deployment. ~ Any member of the MRC who fails to respond
to the order of deployment without any justifiable reason despite due notice shall be required to reimburse
the total expenses incurred by the government in the member's receuitment, selection, training, and
compensation, as may be determined by the DOH.

SEC. 18. Appropriations. ~The Seccetary of Health shall immediately include in the
Department’s Program the implementation of this Act, the funding of which shall be included in the
annual General Appropriations Act.

SEC. 19. Implementing Rules and Regulations. - Within thity (30) days from the effectivity
of this Act, the DOH shall promulgate the necessary guidelines for the effective implementation of this
Act.


SEC. 20. Separabitity Clause. ~ If any provision of this Act is declared unconstitutional or
otherwise invalid, the validity of the other provisions shall not be affected thereby.

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

SEC. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in
the Oficial Gazete or in a newspaper of general circulation.

Anproved,