ee
Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

2031

House Bill No.

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT CREATING THE PHILIPPINE CENTERS FOR DISEASE PREVENTION AND.
CONTROL, DEFINING THEIR POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

‘The COVID-19 pandemic exposed the gaps in the country's capabilities for public health emergency
preparedness. While national agencies like the Department of Health have longstanding policies and
procedures in relation to public health emergencies, many local government units had to adapt to the
evolving situation to the best of their capabilities.

To better prepare against future public health emergencies, the proposed measure seeks to establish the
Philippine Center for Disease Prevention and Control (CDC). The CDC shall be the technical authority
‘on all matters regarding disease prevention and control. Its functions include: policy and standards
development; capacity building and technical assistance; sectoral and local engagements; and
surveillance, Further, there shall be established Regional Centers for Disease Prevention and Control
(RCDCs) under the CDC. Through the RCDCs, public health emergency preparedness can be improved
across various levels of local government. The proposed measure also aims to strengthen public health
emergency preparedness by pursuing a modernization program and the establishment of a National
Reference Laboratory. The modernization program shall focus on the upgrading of technologies,
laboratories, facilities, equipment, and other relevant resources. Under the National Reference
Laboratory, subnational laboratories shall be established across the country to expand the capability of
conducting confirmatory testing for routine surveillance.

The passing of this bill in the 19 Congress further attests to its importance.

In view of the foregoing, immediate approval of this bill is requested.

District, Quirino


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

TWENTIETH CONGRESS
First Regular Session

House Bit! No. 2001

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT CREATING THE PHILIPPINE CENTERS FOR DISEASE PREVENTION AND
CONTROL, DEFINING THEIR POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR

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

ARTICLE 1
TITLE AND GUIDING PRINCIPLES

SECTION I. Short Tit!
and Control (CDC) Act.”

= This Act shall be known as the “Philippine Centers for Disease Prevention

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and promote
the right to health of all Filipinos and instill health consciousness among them. To this end, the State
shall adopt an integrated, comprehensive, and evidence-informed approach consistent with the direction
enunciated under Republic Act (RA) No. 11223, or the Universal Health Care (UHC) Act, and adopt a
framework that shall foster a whole-of-system, whole-of-government, and whole-of-society approach,
ensuring clear delineation of tasks between existing agencies and maximizing current mandates. The
State shall also allot the necessary support and institutional resources to provide for effective disease
prevention and control through a high-level public institution imbued with the capacity, competence,
and authority to confront global and local public health risks.

SEC. 3. Objectives. - The objectives of this Act are the following:
(a) Protect the Filipino people from the impact of all diseases of public health importance;

(b) Develop policies, plans, and protocols to improve on all identified areas in the International Health
Regulations (IHR) hazards;

(0) Clarify governance, decision-making, communication, and coordination processes and protocols
related to identifying, diagnosing, forecasting, preventing, controlling, eliminating and eradicating,
and monitoring diseases of public health importance;

(d) Ensure swift, coordinated, and data-driven surveillance and response through the Department of
Health (DOH), Epidemiology and Surveillance Units (ESUs), public health laboratory systems,
points of entry, and Disaster Risk Reduction and Management (DRRM) system;


(©) Provide the overall national framework and strategic direction for the establishment of a health
laboratory system;

(0 Maintain a pool of in-house experts that shall serve as the technical authority who shall provide
evidence-informed guidance on standards, technologies, and analytics for epidemiology, disease
control, prevention, elimination, eradication, health emergency preparedness and response; and

(g) Ensure the development and implementation of a shared risk and crisis communication plan with
the DOH and the Food and Drug Administration (FDA),

ARTICLE IL
DEFINITION OF TERMS

SEC. 4. Definition of Terms. — As used in this Act:

(a) Commodities for public health emergencies refer to health products necessary for the public health
emergency response. It may include vaccines, therapeutics, medical devices, and ancillary supplies;

(b) Disease refers to pathologic acute or rapidly developing and chronic or long-standing conditions
that cause harmful deviations from normal structure or function and may be duc to infectious agents
or their toxic products, which may be transmitted from a reservoir to a susceptible host, cither
directly from an infected person or animal or indirectly through the agency of an intermediate plant
or animal host, vector, or the inanimate environment, or coming from laboratories intentionally or
unintentionally, or may be the result of a combination of genetic, physiological, environmental, and
behavioral factors;

(©) Disease control refers to the reduction of disease incidence, prevalence, morbidity, or mortality to
a locally acceptable level as a result of deliberate efforts and continued intervention measures to
‘maintain the reduction;

(d) Disease surveillance refers to the ongoing systematic collection, analysis, interpretation, and
dissemination of outcome-specific data for use in the planning, implementation, and evaluation of
public health practice in terms of epidemics, emergencies, and disasters. A disease surveillance
system includes the functional capacity for data analysis as well as the timely dissemination of these
data to persons who can undertake effective prevention and control activities;

(©) Emerging or re-emerging infectious diseases refer to diseases that are characterized by the
following traits:

1, have not occurred in humans before;

2, have occurred previously but affected only small numbers of people in isolated areas;
3. are caused by previously undetected or unknown infectious agents;

4, are due to mutant or resistant strains of a causative organism; or

5. were once major health problems in the country, and then declined dramatically, but are again
becoming health problems for a significant proportion of the population.

(Epidemiological investigation refers to an inquiry to the incidence, prevalence, extent, source, mode
of transmission, causation of, and other information pertinent to a discase occurrence;

seek to provide timely and
3g, diagnosing, forecasting,

(g) Health research refers to research or research-related activities thi
quality evidence to address knowledge gaps on areas related to ident

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preventing, controlling, eliminating and eradicating, and monitoring diseases of public health
importance;

(b) International health regulations (THR) refer to an international agreement managed by the World
Health Organization (WHO) and focused on addressing serious public health threats that have the
potential to spread beyond a country's borders to other parts of the world and define the standards
that countries must meet to be able to prevent, detect, and respond to public health threats;

@

10}

Notifiable disease refers to a disease that, by legal requirements, must be reported to the public
health authorities;

Public health emergency refers to an occurrence or imminent threat of an illness or health condition
that:

Is caused by any of the following:

iv.

v.

vi.

Bioterrorism;

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

‘Natural disaster;
Chemical attack or accidental release;
‘Nuclear attack or accident; or

Attack that uses or is caused by an accidental release of radioactive materials; and

Poses a high probability of any of the following:

ii,

iii,

iv.

v.

Large number of deaths in the affected population;
Large number of serious injuries or long-term disabilities in the affected population;

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

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.

(k) Public health event refers to either a public health emergency or a public health threat due to
biological, chemical, radio-nuclear, and environmental agents;

o

Public health laboratories refer to facilities respon:

le for providing timely and reliable diagnostic

results primarily for improvement of patient outcomes, disease prevention, control, surveillance,
population-based interventions, and outbreak emergency response. They shall perform core public
health and environmental activities, including reference tests for diseases of public health
importance;

(m) Public health threat refers to any situation or factor that may present a danger to the health of the

people:


(n) Quarantine refers to the restriction of activities or separation from others of suspect persons who
are not ill, or of suspect baggage, containers, conveyances, or goods, in such a manner as to prevent
the possible spread of infection or contamination;

(©) Response refers to the implementation of specific activities to control the further spread of infection,
outbreaks, or epidemics and prevent reoccurrence. It includes verification, contact tracing, rapid
risk assessment, case measures, treatment of patients, risk communication, the conduct of
prevention activities, and rehabilitation,

ARTICLE III
CREATION AND FUNCTIONS OF THE PHILIPPINE CENTERS
FOR DISEASE PREVENTION AND CONTROL.

SEC. 5. Creation of the Philippine Centers for Disease Prevention and Control. — There is hereby

established an agency to be known as the Philippine Centers for Disease Prevention and Control,

hereinafter referred to as “CDC.” The CDC shall be an agency directly under the Office of the Secretary
of the DOH.

SEC. 6 Funetions of the CDC. - The CDC shall be the technical authority on forecasting, analysis,

strategy, and standards development for the prevention and control of all diseases of public health

importance and health security events, whether domestic or international in origin. The CDC shall
coordinate with global CDCs and act as the national focal point of the Philippines for IHR concerns.

The functions of the CDC include the following:

(a) Develop strategies, standards, and policies for disease prevention and control;

(b) Implement disease surveillance and field epidemiology activities;

() Perform data collection and analytics;

(@) Establish and strengthen public health laboratories;

(€) Set standards and policies for private laboratories;

(8) Recommend actions for public health threats to appropriate national government bodies;

(g) Lead public health and risk communications;

(h) Conduct and manage health research and evidence synthesis;

(i) Build local capacity for surveillance and health research;

() Promote scientific integrity by ensuring that all its products are technically accurate, scientifically
and ethically sound, and useful to the government and the intended population through the
institutionalization of appropriate mechanisms and bodies.

‘The CDC shall perform other functions as may be mandated by law or duly delegated by relevant

authorities, as well as those that may be necessary or expedient for the performance of its functions

under this Act.

‘The CDC shall submit annual detailed cost work plans relating to its functions to the Secretary of Health
(SOH) for approval.

SEC. 7. Structure of the CDC. -


(a) The CDC shall establish component centers that shall lead and coordinate the major functions of

the CDC and in this capacity, establish strategic linkages and partnerships to fulfill the stated
functions. In line with their functions, each of the following component centers shall be headed by
a Deputy Director General:

1. Center for Health Statistics (CHS). The CHS shall provide the national leadership data analytics
and health information systems management services in the conduct of non-epidemiologic
surveys in coordination with the Philippine Statistics Authority, and shall complement the roles
and responsibilities of the DOH related to sectoral policy and planning by providing relevant
health statistics. It shall likewise progressively develop and expand its methodological and
analytical capacity; its use of informatics, digital tools, innovations, among others; and expand
its portfolio of national health-related surveys to complement the national health surveys being
managed by other national agencies;

2. Center for Epidemiology and Surveillance (CES). The CES shall lead and execute a national
public health surveillance strategy and shall perform the functions and obligations of the
Epidemiology Burcau (EB) and the DOH under Sections 5, 6, and 8 of RA No. 11332,
otherwise known as the “Mandatory Reporting of Notifiable Diseases and Health Events of
Public Health Concern Act.” Further, it shall progressively enhance its epidemiology and
surveillance functions to further develop its overall analytical capacity; to expand the scope of
surveilled events and diseases; to set standards for and continually expand tools for data
management and surveillance systems; to expand the scope of data collected; to lead in the
development of epidemiology and surveillance capacities for all diseases and their causes,
including social determinants of health; to lead in implementing International Health
Surveillance and IHR processes; and to expand its technical expertise to include other and
emerging branches and types of epidemiology and relevant epidemiologically-related
approaches;

3. Center for Health Evidence (CHE). The CHE shall be established to lead evidence-informed
policy-making for the prevention and control of all diseases, through the synthesis of available
evidence, the conduct of high-quality health research, the development of evidence-informed
strategies and standards of care, the provision of scientific inputs to guide the development,
evaluation, and improvement of public health programs, and the development of science-
informed standards to address public health threats, in partnership with academe, professional
societies, research bodies, National Institutes of Health, and the Department of Science and
Technology (DOST);

4, Center for Health Laboratories (CHL). The CHL shall develop and provide the overall strategic
direction, policies, standards, and plans in the implementation of the Philippine Health
Laboratory System (PHLS) and the institutionalization of stand-alone CDC public health
laboratories, including national reference laboratories, subnational, and regional public health
laboratories (RPHLs), The Philippine Health Laboratory System shall be established by
streamlining all diagnostic tests and surveillance of diseases of public health importance into
stand-alone laboratories across the nation and by ensuring an effective and efficient quality
‘management system for all clinical and other health laboratories in partnership with the DOH.
Further, the CHL shall lead the country’s public health laboratory response for rapid detection
of emerging and re-emerging public health threats. It shall promote and develop innovative
science, technologies, and processes that support CDC's ability to protect the Philippines from
health, safety, and security threats, both foreign and local,

(b) The CDC shall also have three (3) offices directly under the Director General that shall provide

support to all Centers, namely:

1. Office for Health Economics;


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2. Office for Policy and Planning;
3. Office for Administration, Finance, and Legal Affairs
(©) Regional CDCs shall be established, consisting of counterparts of CHL, CHS, and CES.

(d) Additional offices may be created in accordance with the mandate of the CDC, upon the assessment
and recommendation of the Director General, approval of the SOH, availability of funds, and to
accordingly respond to the emerging needs of the health sector.

The establishment of regional CDCs and creation of additional offices shall be endorsed by the DOH.
to the Department of Budget and Management (DBM) for review and approval.

ARTICLE IV
OPERATIONAL STRUCTURE, MANAGEMENT, AND STAFF OF THE CERNTER

SEC. 8. Relationship with Existing Agencies and Offices. —

(a) Relationship between CDC and DOH Operations. The CDC shall be an agency under the Office of
the SOH. The DOH shall develop operational and intersectoral policies to support implementation
of strategies and standards developed by the CDC.

(b) Relationship between CDC and the DOH Bureau of Quarantine (BOQ). The CDC shall set the
standards for international health surveillance and surveillance at ports of entry and coordinate with
the BOQ for operational and stakeholder management.

(0) Relationship between Regional CDCs and DOH Regional Offices. The CDC shall have regional
counterparts of its CHL, CHS, and CES to form the Regional CDCs separately from DOH Regional
Offices. The DOH, through its regional offices, shall work closely with CDC, through its regional
CDC to support implementation of strategies and standards of the CDC.

(@) Relationship between CDC and local government units (LGUs). LGUs shall adopt and localize
standards and guidelines developed by the CDC, as operationalized by the DOH, in the performance
of activities related to disease prevention and control. Further, LGUs shall allocate funding for the
establishment of functional ESUs based on standards set by the DOH and as provided for by law,
including the creation of positions for the necessary Disease Surveillance Officers (DSOs) and field
epidemiologists and in line with the goal of building local capacity for health surveillance:
Provided, That LGUs that do not have the capacity to achieve these standards shall be eligible to
receive resource augmentation from the National Government.

SEC. 9, Transfer of Agencies. ~

(a) Restructuring of Affected Offices and Units. The following offices, including their administrative
units, shall be restructured to ensure that the CDC and DOH shall co-exist synergistically and
facilitate the smooth operation of the CDC.

1, The different units of the Research Institute for Tropical Medicine (RITM) shall be absorbed
in the different Centers of the CDC:

i, The RITM’s national reference laboratories shall be absorbed by the CHL;

ii. Its clinical research units, hospital ancillary services, and research laboratory departments
shall be absorbed by the CHE:



iii, Its biological research and manufacturing units shall be temporarily absorbed by the CHE
until an agency is finally tasked by the government to handle their role and functions.

The Health Laboratory Division, also referred to as the Office for Health Laboratories of the
Health Facility Development Bureau of the DOH and other identified national reference
laboratories shall be absorbed by the CHL.

The Epidemiology Bureau (EB) shall be transferred to the CHS and CES in phases. All previous
functions of the EB and all disease and public health surveillance functions assigned to the
DOH by law shall likewise be transferred to the CES. In line with this, all Regional
Epidemiology and Surveillance Units and Field Health Service Information System Units of
the DOH Regional Offices shall be transferred to and placed under the sole supervision and
control of the Regional CDCs upon the effective transfer of the EB to the CDC.

i, The Knowledge Management and Information Technology Service of the DOH shall
restructure and rationalize its functions to eliminate or minimize overlaps in and duplication
of the standards and sectoral policy function of the CHS.

ii, ‘The CES shall set the standards for intemational health surveillance and surveillance at
ports of entry and shall coordinate with the BOQ for operational and stakeholder
‘management. Further, the screening and quarantine processes for inbound and outbound
international travelers as provided for in Sections 4 and 5 of RA No. 9271 or the
“Quarantine Act of 2004” shall remain with BOQ, aligned to the standards promulgated by
pc.

The Disease Prevention and Control Bureau (DPCB) shall be transformed into the Public
Health Strategy and Management Bureau, and shall be responsible for developing operational
strategy and guidelines that are aligned with CDC's standards, setting up intersectoral
collaboration platforms, and ensuring strategic management of national health programs. The
DPCB's previous standards development function shall be transferred to the CDC’s CHE. The
DOH Undersecretary for Operations and the DOH Regional Offices shall continue to perform
their roles in operational planning, coordination, and performance management.

‘The Communications Office of the DOH shall be a shared service among all DOH offices,
including the FDA and CDC, and shall perform the following functions:

i, Develop strategic communication plans, including, but not limited to, corporate risk and
crisis communication plans;

ii, Manage and implement risk communication activities and initiatives, such as the
development and issuance of information and education communication materials, events,
stakeholder meetings, and other media engagement activities;

iii, Manage and activate crisis communication protocol for health risks and hazards, and
institutional reputational risks;

iv. Develop and implement corresponding capacity-building activities in relation to corporate
risk and crisis communications;

vy. Perform internal communication functions within the institution;

vi. Develop and facilitate the approval of communication materials and policies as aligned
with the approved communication plans;

vii. Manage different platforms of the institution for release of communication materials; and

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viii.Foster, maintain, and continuously build external partnerships and communication
networks with public and private health institutions.

(b) Transfer of Human Resource and Material. The offices affected by the transfer of agencies shall
also transfer human resource, applicable funds and appropriations, records, equipment, and property
to the CDC subject to a multi-year transition plan.

1. Asa result of the reorganization under this Act, the DOH shall evaluate the credentials, skills,
and work experience of all employees in affected offices/bureaus and shall conduct matching
to positions within the new offices/bureaus created based on the set qualification standards. The
Department shall develop a technical working group to ensure that RA 6656, entitled “An Act
to Protect the Security Tenure of Civil Service Officers and Employees in the Implementation
of Government Reorganization,” shall be properly observed towards the protection of tenure of
affected employees and shall institute mechanisms for retooling. There shall be no diminution
of salaries and benefits of affected employees. Affected employees may opt for voluntary
separation from service within six (6) months from the effectivity of this Act and shall be
entitled to receive separation, and early retirement benefits and other benefits under applicable
Jaws and issuances, such as RA No. 6656, within ninety (90) days from the date of effectivity
of their separation. Provided they are not entitled to said benefits, employees concemed shall
be paid a separation gratuity in the amount equivalent to one (1) month salary for every year of
service;

2. The CDC shall employ scientific, technical, and non-technical staff, where a compensation and
accountability mechanism shall be created for all in-house experts employed in highly technical
positions. Correspondingly, the DOH shall submit the organization and plantilla of the CDC,
in accordance with the salary and compensation for positions developed for the CDC, to the
DBM for review and approval

i, The salary and compensation of all employed staff under managerial, technical, and
administrative positions shall be subject to existing compensation and position
classification system and prevailing qualification standards and regulations of the Civil
Service Commission (CSC).

ii, The compensation mechanism for the expert pool shall be in accordance with the rules and
regulations in this Act and its IRR and shall be exempt from existing qualification standards
and regulations of the CSC.

iii, All in-house experts shall be allowed to practice their profession and receive additional
‘compensation from such engagements.

iv, All employed staff and in-house experts shall submit a declaration of contlict-of-interest
(COL), a non-disclosure agreement (NDA), and other pertinent documents requirements as
may be deemed necessary.

3. The transfer of human resource, applicable funds and appropriations, records, equipment, and
property to the CDC, among others, shall commence within two (2) years from effectivity of
this Act to enable the smooth transfer of the same from the DOH.

SEC. 10, Structure and Staffing Pattern, - Subject to the review and approval of the DBM, the SOH
shall determine the organizational structure and staffing pattern of the CDC, in accordance with existing
civil service laws, rules, and regulations.

SEC. 11, Director General (DG), Deputy Directors General, and Directors. —


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(a) Appointment of the Director General (DG). The CDC shall be headed by a DG who shall hold the
rank of Undersecretary. The DG shall be appointed by the President, upon the recommendation of
the SOH, based on technical expertise, academic background, and appropriate work experience.

(b) Appointment of the Deputy Directors General. The DG shall be assisted by Deputy Directors
General who shall hold the rank of Assistant Secretary. They shall oversee the performance of the
Offices and Centers, and any additional offices created in accordance with Sec. 7 (d) of this Act.
The Deputy Directors General shall likewise be appointed by the President, upon the
recommendation of the SOH, based on technical expertise, academic background, and appropriate
work experience,

(c) Appointment of Directors. The DG shall likewise be assisted by the following:

1. Director for Health Economies Service with the rank of Director 1V;

2. Director for Policy and Planning with the rank of Director IV;

3. Director for Administration, Finance, and Legal Affairs with the rank of Director IV;

(4) Qualifications and Eligibilities.

1. The DG shall be a public health professional, must be a licensed medical doctor, with at least
15 years of combined post-graduate work experience in relevant fields of medicine, public
health, research, and management.

2. The Deputy Director General of each Center shall possess a postgraduate degree, preferably a
doctorate degree in fields related to medicine, public health, or research, with management
experience in such fields. and

3. The Directors directly under the Office of the DG shall possess third level service eligibility
with educational background in relevant fields of medicine, public health, accounting,
‘management, economics or any business course, and must have management experience in the
aforesaid fields.

(e) Powers and Funetions of the Director General.

1. Provide leadership, policy guidance, coordination, technical expertise, and services to promote
the development and implementation of the CDC's national program:

2. Certify to the SOH the presence of a public health emergency;

3. Notify the WHO and other focal points of any public health emergency or incident in
accordance with THR guidelines, and coordinate public health response with the WHO, IHR,
and national focal points;

4, Recommend to the President, through the SOH, the exercise of special powers in the case of
public health emergencies, including mobilization of the governmental and nongovernmental
agencies, including the private sector, to respond to the threat in performing the following
functions:

i, Develop and implement national policies to prevent and mitigate further transmission of
diseases of public health importance;

ii, Ensure that LGUs follow all rules, regulations, and directives issued by the National
Government pursuant to this Act: Provided, That all LGUs are authorized to develop

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and interventions provided these are aligned with national policy, rules

iii, Develop and implement flexibilities in procurement of essential commodities and
implement programs in response to a public health emergency;

iv, Ensure the adequate and equitable distribution of health workers during public health
emergencies and the provision of social benefits and protection to health workers and their
families and other houschold members against discrimination;

v, Enforce measures to protect the people from hoarding, profiteering, injurious speculations,
manipulation of prices, product deceptions, monopolistic practices, other acts in restraint
of trade, or other pernicious practices affecting the supply, distribution, and movement of
food, clothing, hygiene and sanitation products, medicines and medical supplies devices,
implements, machinery, equipment and spare parts required in agriculture, industry, other
essential services, and other articles of prime necessity, whether imported or locally
produced or manufactured;

vi. Ensure that donations intended to address the public health emergencies, the acceptance
thereof, and distribution of donated health products and commodities are not unnecessarily
delayed considering their shelf-life, and that health products for donation that are duly
certified by the national regulatory authorities (NRA) or their accredited third-party
representatives from countries with established regulations shall be automatically cleared;
and

vii. Perform such other functions and activities, as deemed necessary.
Institute public health surveillance programs in accordance with RA 11332 and as such, impose
the following:

i. All public and private hospitals, clinics, health facilities, laboratories, institutions,
workplaces, schools, prisons, ports, airports, establishments, communities, other
government agencies, and non-governmental organizations are required to accurately and
immediately report notifiable disease and public health events to CDC;

ii, All public and private hospitals, clinics, health facilities, laboratories shall be required to
submit health and health-related data, which shall include administrative, public health,
medical, pharmaceutical, and financing data to the CDC;

iii, DSOs, ESUs, CDC laboratories, PHLs, pharmacies and those employed by the LGUs to
perform surveillance and response activities shall furnish information required by the CDC
at all times and as soon as practicable; and

iv. Failure of said establishments to report to the CDC shall constitute a violation of Section
9, paragraphs (d) and (e) of Republic Act No. 11332, or the “Mandatory Reporting of
Notifiable Diseases and Health Events of Public Health Concern Act.”

Issue an order requiring any person or institution to furnish CDC any sample of any substance
‘or matter in the possession or control of that person, whether taken pursuant to this Act or
otherwise, as may be considered necessary or appropriate, or any information as may be
required by the CDC, within the period it requires for the purpose of any public health
surveillance program, epidemiological investigation, or survey conducted pursuant to this Act;

Request the Philippine National Police or the National Bureau of Investigation to locate any
patients or persons suspected of contracting a communicable disease:

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8. Certify the termination of a public health emergency which may serve as basis for the de-
escalation and eventual termination of emergency response activities;

9, Develop policies with provisions on penalties for local implementation and enforcement:

i, The Director General, upon consultation with the SOH, shall provide recommendations on
the corresponding rules and regulations, as well as penalties, for local implementation and
enforcement that are necessary to control and prevent diseases within the country and to
prevent the introduction, transmission, or spread of communicable diseases from other
countries into the Philippines or from one domestic seaport/airport to another; and

ii, For purposes of implementing these regulations, the Director General upon consultation
with the SOH, shall provide public health preventive measures and intervention strategies
such as health education, promotion, and advisories; isolation; veterinary and plant
quarantine; inspections; fumigation; disinfection; disinfestation; vector control; pest
extermination; and destruction of animals or articles found to be infected or contaminated
as to be sources of infection to human beings, in coordination with other concemed
quarantine agencies, and other measures as may be necessary.

10, Develop containment strategies for inland contagion or community transmission of public
health threats and shall coordinate these with the SOH. During public health emergencies, the
DOH Health Emergency Management Bureau shall coordinate with DOH BOQ in controlling,
directing, and managing all quarantine stations, grounds, and anchorages, and in designating

their boundaries in accordance with Section 6 of RA No. 9271, or the “Quarantine Act of 2004;

11. Provide or obtain technical assistance for regional and local health departments. private
agencies, and international and supranational agencies before, during, and after public health
emergenci

12, Develop a shared risk communication plan in coordination with the DOH and the FDA;

13, Liaise with other government agencies, NGOs, international organizations, including the WHO,
learning and academic institutions, and other pertinent groups or entities in the conduct of
activities relating to disease prevention and control;

14, Coordinate with appropriate DOH Offices regarding administrative and program matters;

15. Appoint eligible persons in accordance with civil service laws, rules and regulations, and this
Act;

16. Delegate the powers vested under this Act to the Deputy Directors General; and

17. Perform such other functions as may be mandated by law, or as may be delegated by the SOH
or the President.

ARTICLE V
RESPONSE ACTION

SEC. 12. Response Cascade. ~ In case of public health emergencies due to biological, chemical, and
toxic events:

(a) The CDC shall, through the CHE, prepare and disseminate to the public and private sector the

relevant technical information and guidance;

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4s
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(b)

©

(d)

(e)

()

(g)

The DOH shall, through the PHSMB, develop operational and intersectoral strategies guided by the
strategies and standards developed by the CDC;

‘The DOH shall, through its regional offices, work closely with CDC, through its regional CDCs, to
immediately respond to the public health emergency. When necessary, the DOH shall tap into the
DRRM system to effectively respond to public health emergencies;

The CHL shall activate the public health laboratory response network and continuously provide
guidance for core laboratory programs in quality management, laboratory medicine and safety and
security programs, laboratory information management and surveillance, research and
development, and training;

‘The CES shall certify to the veracity of the official data to be used as basis for response and for
public reporting, and provide standards and overall guidance to the BOQ for the institution of
disease surveillance at all points of entry and exit;

The National Telecommunications Commission and any telecommunications entity as defined
under RA No. 7925 or the “Public Telecommunications Policy Act of the Philippines,” shall
provide location information of patients or persons suspected of contracting a disease upon request,
of the CDC: Provided, That the CDC shall ensure confidentiality of such information;

The Secretary of Health may undertake the following functions in case of public health events:
1. Hiring, transfer, and deployment of health personnel;

2. Implementation of whole-of-government and whole-of-society public health emergency
preparedness and response in cooperation with the Department of the Interior and Local
Government, LGUs, and private sector;

Strict enforcement and augmentation of border control and surveillance in coordination with

the Department of Foreign Affairs, DOH-BOQ, Bureau of Immigration, Philippine Ports
Authority, Department of Agriculture, and Bureau of Customs;

4, Commissioning of research in coordination with DOST;

5. Promotion of the treatment of, vaccination, or immunization against a contagious disease,
compelling the isolation or quarantine of persons who are unable or unwilling, for reasons of
health, religion, or conscience, to undergo immunization or treatment: Provided, That the
guidelines for the exercise of such power shall be formulated in coordination with the
Department of Justice:

6. Decontamination of any facility or decontamination or destruction of any material when the
CDC reasonably suspects that such facility or material may endanger public health, subject to
just compensation;

7. Issuance and enforcement of measures for safe handling and disposal of human and animal
remains; and

8. Requiring any health or funeral facility authorized by law to perform such services as are
reasonable and necessary to respond to a public health emergency.

ARTICLE VI
SPECIAL POWERS / AUTHORITY TO ENABLE RESPONSE

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SEC. 13. Authority for Other Professions to Administer, Dispense, and Provide Commodities for

ic Health Emergencies. — In addition to physicians, other health and allied medical professionals
such as pharmacists and midwives, who are duly trained by the DOH or its authorized representatives,
may dispense and administer commodities considered as vital for public health emergencies with
special authorization or regular certificate of registration from the FDA notwithstanding any law to the
contrary.

SEC. 14, Issuance of Special Regulatory Authorizations. ~ Pursuant to Section 4 of Republic Act
‘No, 3720, or the “Food, Drug, and Cosmetic Act,” as amended by Republic Act No. 9711 or the “Food
and Drug Administration (FDA) Act of 2009,” the FDA shall be given authority to issue special
authorizations for commodities for public health emergencies, Provided, That:

(a) Based on the totality of available scientific evidence, including data from adequate and well-
documented controlled trials, itis reasonable to believe that the health product may be effective to
prevent, diagnose, or treat the diseases of concern;

(b) The potential benefits of the health product when used to diagnose, prevent, or treat diseases of
concern outweigh the known and potential risks, if any; and

(©) There is no adequate, approved, and available alternative to the health product for diagnosing,
preventing, or treating disease/s of concern,

In the event that the declared public health emergency is lifted, special authorizations issued by the
FDA shall have provisional validity for a period of one (1) year from the date of lifting of the declaration
for the sole purpose of exhausting remaining supplies.

Distribution and administration of unauthorized commodities for public health emergency shall be
prohibited.

SEC. 15, Health Technology Assessment and Evidence Review. — The requirement for a Health
Technology Assessment (HTA) shall not be a prerequisite to procurement of commodities for public
health emergencies as an exemption to Section 34 of the RA 11223. Further, the HTA shall not be
required for:

(a) Donated health products;

(b) Unregistered commodities for public health emergency, which are qualified for compassionate
use according to the guidelines set by the FDA; and

(©) Repurposing or stock realignment of commodities for public health emergencies that have
already been procured by the DOH, LGUs, or private sector entities: Provided, That
repurposing or stock realignment shall be in accordance with the indication of its use as
approved by the FDA.

The DOH, FDA, Health Technology Assessment Council (HTAC), and other relevant offices shall,
without need for notice or demand, immediately provide each other with any and all information,
including proprietary submissions of data by manufacturers, traders, distributors, or other sources, for
the purpose of expediting the review of the evidence, product authorization or registration, and the
appropriate release of recommendations, and supporting policies: Provided, That a non-disclosure
agreement among all parties involved shall be executed and enforced prior to the sharing of the said
information.

SEC. 16. Procurement of Commodities and Services for Public Health Emergencies by the DOH.
= The DOH and authorized parties such as the LGUs and private entities shall be allowed to procure
commodities for public health emergencies that are recommended by any of the following:

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(a) WHO

(b) HTAC

(©) DOH-approved clinical practice guidelines or interim guidelines; or
(d) Similar emergency authorizations from other stringent NRAS.

For the purposes of this provision, the DOH and authorized parties may immediately enter into
alternative modes of expedited procurement with United Nations agencies, international organizations,
or international financing institutions and their operational arms, such as the WHO, United Nations
Office for Project Services, and United Nations Children's Fund, subject to the rules and policies set by
the DOH.

Section 88 of Presidential Decree No. 1445, as amended, otherwise known as the “Government
Auditing Code of the Philippines,” and any law to the contrary notwithstanding, the DOH may disburse
funds as advance payment if required by the manufacturer, trader, or distributor: Provided, That the
authority to advance payment shall be for the procurement of commodities for public health
emergencies and to secure other goods and services necessary for their storage, transport, deployment,
and administration.

Distribution and administration of unauthorized commodities for public health emergencies shall be
prohibited.

SEC. 17. Donation of Excess Supply of Commodities. — In case of an excess supply of commodities
as may be determined by the DOH, the DOH may donate them to other LGUs, bureaus, agencies,
instrumentalities, or private entities. The national government, led by the DFA, in coordination with the
DOH, may also donate the excess supply to other countries: Provided, That the DOH, DBM, and
Commission on Audit shall issue separate operational guidelines that set forth expedited procedures to
facilitate the receipt and acceptance of any donations pursuant to this provision, any law to the contrary
notwithstanding,

SEC. 18. Authority to Direct the Operations of Private Establishments During Public Health
Emergencies. — The President, during public health emergencies, may direct the operations of any
privately-owned establishment including, among others, hospitals and medical and health facilities,
passenger vessels, and other private enterprises, to perform functions and provide support services for
public health emergency response, including housing health workers serving in quarantine arcas,
quarantine centers, medical relief and aid distribution locations, or other temporary medical facilities,
and ferrying health, emergency, and frontline personnel: Provided, That the management and operation
of such establishments shall be retained by the owners: Provided, further, That reasonable
compensation for any additional damage or costs incurred by the owner or the possessor of the subject
property solely on account of complying with the directive shall be given to the person entitled to the
possession of such private properties or businesses after the conditions have stabilized or at the soonest
time practicable.

SEC. 19. Transition to Regular Authorization. — For this purpose, the FDA shall be given authority
to develop specific guidelines on the transition of the regulatory authorization of commodities for public
health emergencies from special use authorization to reguiar certificate of registration. This is in
consideration of the time needed to process applications and to avoid a monopoly by a single supplier
of health products for public health emergencies. The granting of a regular certificate of registration by
the Philippine FDA to the first brand deemed suitable for such registration shall not immediately revoke
all other special authorizations granted by the FDA to other brands, any law to the contrary
notwithstanding: Provided, That once the DOH and the FDA had determined that the suppliers granted
with regular certificate of registration have enough capacity to supply the country's projected needs, all

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other special authorizations issued shall be deemed revoked by this Act, without prejudice to their
holders completing the process to obtain a regular certificate of registration: Provided, further, That
remaining stocks covered by a special authorization that has been revoked pursuant to this provision,
‘but which still have a valid shelf life, shall either be donated to a country where its use is still authorized
by its NRA, or held in storage until it is disposed of appropriately upon the termination of its shelf-life,

SEC. 20. Immunity from Liability. Notwithstanding any law to the contrary, program implementers,
public officials and employees, health care workers end non-health care workers, whether public or
private who are authorized to carry out and are actually carrying out the public health emergency
response shall be immune from suit and liability under Philippine laws with respect to all claims arising
out of, related to, or resulting from the administration or use of commodities and counter measures
under the public health emergency response and in the discharge of the authorized person's official
duties, except those arising from willful misconduct and gross negligence.

‘The members of the FDA and the National Adverse Events Following Immunization and its regional
counterparts during the conduct of monitoring for probable adverse effects from the commodities for
public health emergency shall similarly enjoy the privileges given under this section, unless the said
members’ actions are tantamount to gross negligence or willful misconduct.

ARTICLE VIIL
MISCELLANEOUS PROVISIONS,

SEC. 21. Intergovernmental Collaborative Activities. ~The Secretary of Foreign Affairs and the
SOH are jointly mandated to review and recommend to the CDC multilateral and bilateral agreements
which the country may adopt to strengthen its collaborative mechanisms with other countries.

SEC 22. Transitory Provision. - The CDC shall, in coordination with the DOH and LGUs, craft a
‘multi-year plan to ensure the timely implementation and progressive realization of this Act. To this end,
the multi-year plan shall include:

(a) Phased expansion of the capacity of the CDC to cover other health conditions or threats in view of
the needs of the Philippine health sector;

(b) Requiring that every province and city-wide health system have full-time DSOs, without prejudice
to the need for the designation of DSOs in municipalities when necess:

(c) Establishing Sub-National Laboratories and Regional Public Health Laboratories;

(a) Emergency funding and procurement of commodities and hiring during public health emergencies;
and

(e) Establishment of infrastructure and acquisition of parcels of land to house the national offices under
the CDC.

‘The DOH shall, upon coordination with CDC, submit the funding requirements with corresponding.
annual targets for the implementation of the multi-year plan to the DBM and concemed agencies, for
the determination of appropriate national budget allocation: Provided, That in relation to their devolved
functions under the UHC Act and other existing laws, LGUs shall appropriate the necessary funds to
‘ensure the proper implementation of this Act,

SEC. 23. Modernization Program. - The Director General shall, in consultation with the DOH and
‘other concerned agencies of government and the private sector, develop a modernization program that
will strengthen the human health resource of the CDC, which is the key component of the country's
disease prevention and control policy. The modernization program shall include the acquisition and

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upgrading of appropriate technologies, laboratories, facilities, equipment, other needed resources, and
the needed relocation and acquisition of additional land or location that would house the CDC.

Within one hundred eighty (180) days from the effectivity of this Act, the Director General shall, upon
the recommendation of the DOH and DBM Secretaries, submit the modernization program for the
consideration and approval of Congress.

The modernization program shall be implemented over a period of five (5) years. The funding of which
shall be included in the annual General Appropriations Act (GAA)

SEC. 24, Authority to Solicit, Negotiate, and Receive Donations, Grants, Gifts, Legacies,
Endowments, and Contributions. - The CDC may solicit, negotiate with, and receive from any public
or private domestic or foreign sources legacies, gifts, donations, grants, endowments, contributions or
other transfers of ownership and/or possession of real or personal properties of all kinds for use in its
operations such as the upgrading of its facilities, equipment outlay, human resource development and
expansion, and the acquisition of the appropriate office space to improve the delivery of its services to
the public.

The Director General shall be authorized to retain, without need of a separate approval from any
government agency, and subject only to existing accounting and auditing rules and regulations, all the
legacies, gifts, donations, grants, endowments, contributions which shall be deposited and maintained
in a separate account or fund in addition to the annual budget of the CDC which may be used or
disbursed directly by the Director General for the purpose of which the fund was originally intended,

The Director General shall likewise be authorized to retain other transfers of ownership and possession
of real or personal property of all kinds solicited, negotiated, and received by the CDC under this Act
and other laws that it is mandated to administer based on the immediately prior year of operations.

SEC. 25. Tax Exemption, — Donations, grants, gifts, endowments, legacies, and contributions used
actually, directly, and exclusively for the purpose of the CDC shall be exempt from the donor's tax and
the same shall be considered as allowable deduction from gross income for purposes of computing the
taxable income of the donor, in accordance with Sec. 34 (H)(2)(a) of the National Internal Revenue
Code of 1997, as amended. Likewise, such other transfers of ownership and/or possession of real or
personal properties of all kinds shall be exempt from all taxes.

SEC. 26. Annual Report. ~ The CDC shall submit to Congress and the Office of the President an
annual report containing an evaluation of the current and emerging threats to health in the country and
the progress made with respect to IHR commitments and the initiatives undertaken to address these,
and recommendations for legislation, if necessary.

SEC. 27. Appropriations. - The amount necessary for the initial implementation of this act shall be
charged against the current year appropriations of the offices and agencies concemed. Thereafter, the
funding requirements for the ensuing years shall be included in the annual General Appropriations Act.

SEC. 28. Implementing Rules and Regulations. — The DOH shall promulgate the necessary
implementing rules and regulations within ninety (90) working days from the effectivity of this Act.

SEC. 29, Separability 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. 30. Repealing Clause. — All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof, inconsistent with any provision of this Act, are hereby repealed or modified accordingly.

SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation

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Approved,

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