REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

5475

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO-

EXPLANATORY NOTE

According to the World Health Organization, diseases were determined as major cause of
morbidity. Few years ago, it has been reported that sixty percent (60%) of all deaths in the

Philippines are due to chronic diseases.

However, studies show that the burden of diseases as major cause of death has diminished due
to improved health technology and health care delivery systems. But then again, much still
needs to be done to better reduce the occurrence of illnesses through the application of health
measures which could prevent widespread diseases.' In this light, an effective and feasible
intervention from the government that aims to address health problems in the country is

auspiciously significant.

This bill proposes for the establishment of the National Registry of Diseases which will provide
a compilation of information on the incidence of certain diseases. This compilation will serve

as a basis for the direction of programs for disease prevention and control.

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

.

;ARYA:. ALEJANO

+ Etio-Villa, Luningning. 2006. Exploring Fresh Collaborative Initiatives for Combating Infectious Disease in the
Philippines. Tropical Medicine and Health. The Japanese Society of Tropical Medicine. Vol. 34, Not. Data
retrieved at http://www. stage jt.g0.jparticle/tmh/34/4/153/_paf on July 7, 2008


REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5475

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT

ESTABLISHING THE NATIONAL REGISTRY OF DISEASES AND FOR OTHER
PURPOSES

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

ARTICLE 1

TITLE

SECTION 1. Title. - This Act shall be known as the “National Registry of Diseases

Act”.

SEC. 2. Definition of Terms. — As used in this Act, the following terms shall have the
following definitions

a

“Agent of the Registry" means any public officer or employee of any statutory
body who is appointed by the Secretary under Section 3 to be an agent of the
Registry
"Anonymized”, used to describe information pertaining to an individual, means
that the identity of that individual has been concealed or protected, whether by
presenting such information in a statistical form or otherwise, such that it cannot
be readily discovered or ascertained from that information;
"Authorized Registry Officer" means any Registry officer who is duly authorized
by the Registrar, in writing, to carry out any particular function or to exercise any
particular power under this Act;
"Disclose", in relation to any information held by the Registry, includes to grant
to any person access to such information;
“Disease” means any physical or mental ailment, disorder, defect or morbid
condition (whether of sudden onset or gradual development), or the recurrence of
any such ailment, disorder, defect or morbid condition;
"Healthcare Institution” means —

i. any licensed private hospital, medical clinic, clinical laboratory or

healthcare establishment; or
ii any facility, premises or conveyance which is declared to be a
healthcare institution for the purposes of this Act;

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"Individually-Identifiable", when used to describe information pertaining to an
individual, means that the identity of that individual can be readily discovered or
ascertained from that information;

“Investigation Officer” means any public officer who is appointed under Section
13 to be an investigation officer for the purposes of this Act;

“Manager”. in relation to a healthcare institution, means the person having the
management or control of the healthcare institution;

"Medical Practitioner” means a registered medical practitioner and who holds a
valid practicing certificate;

"Register" means a register kept and maintained by the Registrar under Section 5;
“Registrar” means the person appointed by the Secretary under Section 3 to be
the Registrar of the Registry and includes a Deputy Registrar and an Assistant
Registrar;
Registry" means the National Registry of Diseases established under Section 4;
"Registry officer" means any person who is appointed by the Secretary under
Section 3 to be an officer of the Registry:

“Regulations” means regulations made under Section 19;

"Reportable Disease” means a report on the incidence of certain disease:
"Requisite Consent", for the purposes of Section 11 or 12, means —

i, the consent, given in the prescribed form and manner, of the
person whose individually-identifiable information is to be disclosed under that
section; or

ii where the person referred to in paragraph (i) is unable to give his
own consent because of his age, infirmity of mind or body or any other cause,
the consent, given in the prescribed form and manner, of such other person who
is authorized by the regulations to give such consent for and on his behalf.
"Secretary" means the Secretary of the Department of Health, for purposes of

Section 16, —

i. "body corporate" includes a limited liability partnership;

ii, "officer" —

(a) in relation to a body corporate, means any director, partner,
member of the committee of management, chief executive,
‘manager, secretary or other similar officer of the body corporate
and includes any person purporting to act in any such capacity;
or

(b) in relation to an unincorporated association (other than a
partnership), means the president, the secretary, or any member
of the committee of the unincorporated association, or any
person holding a position analogous to that of president,
secretary or member of a committee and includes any person
purporting to act in any such capacity

iii, "parer” includes a person purporting to act as a partner

ARTICLE I
NATIONAL REGISTRY OF DISEASES


SEC. 3. Appointment of Registrar.—
(1) The Secretary shall appoint a Registrar who shall be responsible for the
administration of the Registry
(2) The Secretary may appoint —
(a) a Deputy Registrar;
(b) one or more Assistant Registrars; and
(©) such other Registry officers as he may consider necessary, to assist the
Registrar in the administration of the Registry
(3) The Secretary may appoint any public officer or employee of any statutory body
to be an agent of the Registry to assist in the collection and collation of any information under
this Act, subject to such conditions and limitations as the Secretary may specify.
(4) The Registrar, Deputy Registrar, Assistant Registrars, Registry officers and
agents of the Registry shall be deemed to be public servants

SEC. 4. National Registry of Diseases. — There shall be a National Registry of
Diseases, the functions of which are —
(a) to collect information on reportable diseases that have been diagnosed and treated
in the country;
(b) to establish, keep and maintain for each reportable disease a register containing
individually-identifiable information obtained under this Act;
(c) to compile and publish statistics on the epidemiology, management and outcomes
of reportable diseases;
(d) to provide information for the purpose of supporting —
(i) health services that are being provided by healthcare institutions to the
patients thereof who are suffering from any reportable disease; and
(ii) national public health policies, initiatives, programs and related studies
‘concerning any reportable disease; and
(e) generally to do all such acts, matters and things as are necessary to be carried out
under this Act.

SEC. 5. Registers. —
(1) The Registrar shall keep and maintain for each reportable disease a register
containing individually-identifiable information of each person who is diagnosed with and
treated for that disease in the country
(2) The registers kept and maintained under subsection (1) shall not be open for
inspection by the public.

ARTICLE Ii
NOTIFICATION OF REPORTABLE DISEASES

SEC. 6. Duty to Notify Registrar of Reportable Diseases. —
(1) Where a person is diagnosed with or undergoes treatment for a reportable disease
at a healthcare institution, the manager of the healthcare institution shall, in such form and
within such time as may be prescribed, notify the Registrar of that fact.
(2) Any manager of a healthcare institution who —
(a) without reasonable excuse, fails to comply with the requirements of
subsection (1); or


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(b) in compliance or purported compliance with subsection (1), furnishes as true
information which he knows or has reason to believe to be false, shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding
Eighty Thousand Pesos (P 80,000.00)

(3) A certificate under the hand of the Registrar stating that a notification required
under subsection (1) has not been furnished or is incorrect shall be prima facie evidence of the
facts stated in the certificate.

SEC. 7. Collection of Information. —
(1) Upon a notification being made to the Registrar under Section 6, the Registrar or
an authorized Registry officer may require the manager of the healthcare institution who made
the notification to provide such additional information as may be prescribed concerning the
person to whom the notification relates
(2) For the purpose of subsection (1), the Registrar or authorized Registry officer may
require the manager of the healthcare institution —
(a) to furnish the prescribed additional information to any Registry officer or
agent of the Registry; or
(b) to produce to the Registrar or any Registry officer or agent of the Registry
for inspection any medical record, book or document which contains or may
contain the prescribed additional information.
(3) Any manager of a healthcare institution who —
(a) without reasonable excuse, fails to comply with the requirement of the
Registrar or an authorized Registry officer under this section; or
(b) in compliance or purported compliance with this section, furnishes as true
information which he knows or has reason to believe to be false, shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding Eighty
‘Thousand Pesos (P80,000.00).
(4) Accrtificate under the hand of the Registrar stating that the additional information
required under subsection (1) has not been furnished or is incorrect shall be prima facie
evidence of the facts stated in the certificate.

ARTICLE IV
CONFIDENTIALITY AND DISCLOSURE

SEC. 8. Confidentiality. —

(1)_ Except in the case of a prosecution for an offence under this Act, the Registrar, a
Registry officer, an agent of the Registry or any other person who acts under the direction of
the Secretary or Registrar for any purpose related to the Registry shall not be compellable in
any proceedings to give evidence in respect of, or to produce any document containing any
individually-identifiable information which has been obtained under this Act.

(2). Except as otherwise provided by this Act, the Registrar, a Registry officer, an agent
of the Registry or any other person who acts under the direction of the Secretary or Registrar
for any purpose related to the Registry shall not disclose the contents of any register or any
individually-identifiable information which may have come to his knowledge in the course of
performing any duty or function under this Act or carrying out any act in relation to the
Registry.

(3). Any person who fails to comply with subsection (2) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding Four Hundred Thousand Pesos
(P400,000.00) or to imprisonment for a term not exceeding twelve (12) months or to both.


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SEC. 9. Disclosure and Publication of Anonymized Information. —
(1) The Registrar —
(a) may, on a request by any person and —
(i upon payment by such person of the prescribed fee; and
(ii) subject to such conditions as the Registrar may impose; and
(b) shall, on a request by the Secretary, disclose or publish any information held by the
Registry in an anonymized form.
(2). Any person who fails to comply with any condition imposed under subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding Two Hundred
Thousand Pesos (P200,000.00) or to imprisonment for a term not exceeding six (6) months or
to both.

SEC. 10. National Public Health Programs. —

(1) The Registrar may, with the approval of the Secretary, disclose individually-
identifiable information held by the Registry to any public officer or any other person for the
purpose of conducting national public health programs concerning any reportable disease.

(2) In determining whether to approve such disclosure under subsection (1), the
Secretary shall, subject to subsection (3), have regard to —

(a) the aims and objectives of the national public health program, including any
public health benefits to the country;

(b) the identity of the public officers or persons involved in the program to
whom the individually-identifiable information held by the Registry will be
disclosed;

(0) the use to which the individually-identifiable information will or may be put;
and

(d) the measures that will be put in place under the national public health
program to protect the individually-identifiable information from unauthorized
disclosure.

(3) The Secretary shall not approve any disclosure under subsection (1) unless he is
satisfied that the national public health program cannot be carried out with anonymized
information.

(4) The Secretary may, when granting approval under subsection (1), impose such
conditions as he considers necessary with respect to —

(a) the identities of the public officers or persons, or class of public officers or
persons who are authorized to receive or handle the individually-identifiable
information;

(b) the use to which the individuall
put; and

(©) the measures that must be put in place under the national public health
program to protect the individually-identifiable information from unauthorized
disclosure.

(5) The Secretary may, at any time, vary or revoke any of the existing conditions
imposed under subsection (4) or impose new conditions.

(6) The Secretary may, at any time, revoke the approval given under subsection (1).

(7) Any person who fails to comply with any condition imposed under subsection (4)
or any new condition imposed under subsection (5) shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding Four Hundred Thousand Pesos (P400,000.00) or
to imprisonment for a term not exceeding twelve (12) months or to both.

identifiable information is to or may be



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SEC. 11. Medical Treatment.— ‘The Registrar may, if he thinks fit, disclose to a medical
practitioner any individually-identifiable information of a medical nature held by the Registry
concerning a person suffering from a reportable disease if the Registrar is satisfied that —

(a) the medical practitioner is responsible for the treatment and care of that person;

(b) the disclosure is necessary for the proper treatment of that person; and

(©) the requisite consent has been given for such disclosure.

SEC. 12. Disclosure of Individually-Identifiable Information for Public Health
Research. —

(1) A person, referred to in this section as the researcher, who requires any
individually-identifiable information held by the Registry for the purpose of carrying out any
medical, epidemiological or other form of public health research concerning any reportable
disease may apply to the Registrar in the prescribed form for the disclosure of such information.

(2) The Registrar may, subject to such conditions as he thinks fit to impose and upon
the payment by the researcher of such fees as may be prescribed, disclose to the researcher
such individually-identifiable information if the Registrar is satisfied that —

(a) the research cannot be carried out with anonymized information;

(b) the requisite consent has been given for such individually-identifiable

information to be disclosed to the researcher for the purpose of the research;

(©) the research may —

(i) improve the quality of health services provided for patients suffering
from any reportable disease in the country; or

(ii) support any national public health policy, initiative or program
concerning any reportable disease; and

(d) the researcher and the research comply with such conditions as may have

been prescribed

(3) A researcher to whom the individually-identifiable information of any person has
been disclosed under subsection (2) shall not —

(a) use such individually-identifiable information for any purpose other than the

purpose approved by the Registrar; or

(b) disclose the name or any other individually-identifiable information of that

person unless the requisite consent has been given for the disclosure

(4) A researcher to whom the individually-identifiable information of any person has
been disclosed under subsection (2) shall not disclose —

(a) the name or any other information leading to the identification of the
healthcare institution in which that person has been diagnosed with, or has been or is
being examined or treated for, a reportable disease unless the manager of that healthcare
institution has given his consent for the disclosure in the prescribed form and manner,
or

(b) the name or any other information leading to the identification of the person
who provided the individually-identifiable information to the Registrar under this Act,
unless that person has given his consent for the disclosure in the prescribed form and
manner.

(5) Before making any decision on an application under subsection (2), the Registrar
may refer the application to a national research advisory committee comprising not less than 3
and not more than five (5) members appointed by the Secretary and, in making his decision,
the Registrar shall have regard to any report made to him by the national research advisory
committee.

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(6) Where a researcher to whom any individually-identifiable information of any
person has been disclosed under subsection (2) contravenes subsection (3) or (4) or any
condition imposed under subsection (2), he shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding Four Hundred Thousand Pesos (P400,000.00) or to
imprisonment for a term not exceeding twelve (12) months or to both.

ARTICLE V
ENFORCEMENT POWERS

SEC. 13. Appointment of Investigation Officers. —

(1) The Secretary may, in writing, appoint any public officer to be an investigation
officer for the purpose of conducting an investigation into any offence under this Act.

(2) Every investigation officer, when exercising any of his powers under this Act,
shall, if not in uniform, declare his office and shall, on demand, produce to any person affected
by the exercise of that power such identification card as the Secretary may direct to be carried
by the investigation officer when exercising such power.

SEC. 14. Powers of Entry, Inspection, Search, and Seizure. —
(1) An investigation officer shall, for the purposes of investigating any offence under
this Act, have power to do any or all of the following:

(a) to enter, inspect and search, without warrant at any reasonable time, any

place which he has reason to believe contains evidence relating to or connected

with an offence under this Act;

(b) for the purposes of paragraph (a) —
(i) to inspect and make copies of and take extracts from, or require the
‘occupier or any person having the management or control of any place
mentioned in that paragraph to provide copies of or extracts from, any
book, document, record or electronic material;
i) to inspect and make copies of and take extracts from, or require the
‘occupier or any person having the management or control of any place
mentioned in that paragraph to provide copies of or extracts from, any
medical record of any person who has been or who is being treated or
examined at that place, notwithstanding that the prior consent of such
person has not been obtained;
(iii) to seize and remove from any place mentioned in that paragraph any
book, record, document, material, article or thing which the
investigation officer reasonably believes to be the subject-matter of, or
to be connected with the commission of, an offence under this Act, and
(iv) to make such examination or inquiry as may be necessary 10
ascertain whether the provisions of this Act have been complied with;

(6) to require any person, by way of an order in writing, to produce any book,
document, record, electronic material, article or thing that the investigation officer
considers is necessary or desirable for the purposes of an investigation under this Act.
(2) The occupier or any person having the management and control of, or who is found
in, any place mentioned in subsection (1) (a) shall render all necessary assistance and co-
operation to the investigation officer as are necessary for an entry, inspection, examination,
inquiry or otherwise for the exercise of his powers under this Act in relation to that place

(3) Any person who —


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(a) obstructs, hinders or impedes an investigation officer in the exercise of his
power under this section; or

(b) fails to comply with any order or requirement of an investigation officer
under this section oro produce any book, document, record, electronic material,
article or thing which he is required by or under this Act to produce to an
investigation officer, shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding Two Hundred Thousand Pesos (P200,000.00)
or to imprisonment for a term not exceeding six (6) months or to both.

SEC. 15. Powers to Examine and Secure Attendance. —
(1) An investigation officer may —
(a) examine orally any person supposed to be acquainted with the facts and
circumstances of any offence or matter under this Act, and to reduce to writing
any statement made by the person so examined; and
(b) require by order in writing the attendance before himself of any person,
being within the limits of the country, who, from information given or
otherwise, appears to be acquainted with the facts and circumstances of any
offence or matter under this Act and that person shall attend as so required
(2) The person referred to in subsection (1) (a) shall be bound to state truly the facts
and circumstances with which he is acquainted concerning any offence or matter under this
Act, except only that he may decline to make, with regard to any fact or circumstance, a
statement which would have a tendency to expose him to a criminal charge, penalty or
forfeiture
(3) A statement made under this section by any person shall be read over to him and
shall, after correction, if necessary, be signed by him
(4) Ifany person fails to attend as required by an order under subsection (1) (b), the
investigation officer may report such failure to a Magistrate who may thereupon issue a warrant
to secure the attendance of that person as required by the order.

ARTICLE VI
MISCELLANEOUS

SEC. 16. Offences by Bodies Corporate. —
(1) Where an offence under this Act committed by a body corporate is proved —
(a) to have been committed with the consent or connivance of an officer; or
(b) to be attributable to any neglect on his part, the officer as well as the body
corporate shall be guilty of the offence and shall be liable to be proceeded
against and punished accordingly
(2) Where the affairs of a body corporate are managed by its members, subsection (1)
shall apply in relation to the acts and defaults of a member in connection with his functions of
management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a) to have been committed with the consent or connivance of a partner; or
(b) to be attributable to any neglect on his part, the partner as well as the
partnership shall be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association other
than a partnership is proved —


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(@) to have been committed with the consent or connivance of an officer of the
unincorporated association or a member of its governing body; or

(b) to be attributable to any neglect on the part of such officer or member, the
officer or member as well as the unincorporated association shall be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly.

SEC. 17. Protection from Liabi

(1) No action, suit or other legal proceedings shall lie against the government or
personally against the Secretary, the Registrar, a Registry officer, an agent of the Registry, an
investigation officer or any other person for anything which is done or omitted to be done in
‘200d faith in the course of or in connection with —

(a) the exercise or purported exercise of any power under this Act;

(b) the performance or purported performance of any function or the discharge
or purported discharge of any duty under this Act; or

(c) the compliance or purported compliance with this Act.

(2) A person who makes a notification to the Registrar under Section 6 or who
otherwise makes available to the Registrar, a Registry officer, an agent of the Registry or an
investigation officer any document or other information for the purpose of complying with the
requirements of this Act, shall not, by virtue of doing so —

(a) be liable to any suit or other legal proceedings for breach of confidence; or
(b) be held in any proceedings before any court or tribunal or in any other
respect to have breached any code of professional etiquette or ethics, or to have
departed from any accepted form of professional conduct.

(3) Where pursuant to this Act the Registrar discloses to any person any information
that is held by the Registry, neither the Registrar nor any Registry officer involved in the
disclosure of such information shall be liable for any loss or damage suffered by that person or
by any other person by reason of any error or omission of whatever nature appearing in the
information disclosed or however caused if the error or omission was made in good faith and
in the ordinary course of the discharge of the duties of the Registrar or Registry officer

SEC. 18. Obstructing Registrar and Registry Officer in Execution of Duty.— Any
person who obstructs, hinders or impedes the Registrar, a Registry officer or an agent of the
Registry in the performance or execution of his duty or anything which he is authorized,
empowered or required to do under this Act shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding Two Hundred Thousand Pesos (P200,000.00) or to
imprisonment for a term not exceeding six (6) months or to both.

SEC. 19. Regulations. —
(1) The Department may make regulations for carrying out the purposes and
provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Department may make
regulations with respect to any or all of the following matters.
(@) the circumstances under which, and the manner in which, individually-
identifiable information held by the Registry may be anonymized for the
purposes of disclosure and publication under Section 9;
(b) the circumstances under and the manner in which persons whose
individually-identifiable information is held by the Registry or the next-of kin

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of such persons may be contacted for the purposes of any national public health
program referred to in Section 10;
(0) the circumstances under and the manner in which individually-identifiable
information held by the Registry may be disclosed for the purposes of any
medical, epidemiological or other form of public health research referred to in
Section 12;
(@) the circumstances under and the manner in which a person may obtain
certified extracts of individually-identifiable information relating to himself,
(e) the forms to be used for the purposes of this Act;
(Othe fees and charges payable under or for the purposes of this Act;
(g) any other matter as may be necessary or expedient to be prescribed for
carrying out the provisions of this Act
(3) In making any regulations any contravention of or failure to comply with any
regulation shall be an offence punishable with a fine not exceeding Four Hundred Thousand
Pesos (P400,000.00) or with imprisonment for a term not exceeding six (6) months or with
both

SEC. 20. Saving Provision for Personal Information Previously Collected. —
(1) As from the date on which any disease becomes a reportable disease for the
purposes of this Act —

(a) any personal information that had already been collected by a specified
entity before that date pertaining to a person who had been diagnosed with or
who had undergone treatment for that disease for the purposes of a national
disease registry shall be deemed to be personal information that has been
collected under and for the purposes of this Act in relation to that reportable
disease; and
(b) any person who had made a notification of any such personal information to
the specified entity before that date shall be entitled to the same protection from
liability under Section 17 (2) as if he had made the notification under Section 6
on or after that date

SEC. 21. Funding Provision. - The Secretary of the Department shall immediately
hereinafter include in the Department's programs the prompt implementation of this Act,
funding of which shall be provided for in the General Appropriations Act.

SEC. 22. Enforcement. ~ It shall be the duty of all duly constituted law enforcement
agencies and officers of national, provincial, city, or municipal governments to uphold and
enforce the provisions of this Act and to investigate and prosecute or cause the investigation
and prosecution of any person violating the same.

SEC. 23. Implementing Rules and Regulations. ~ Within ninety (90) days after the
approval of this Act, the Department shall promulgate the necessary implementing rules and
regulations to implement the provisions of this Act.

SEC. 24. Separability Clause. — If any provision of this Act shall at any time be found
to be unconstitutional or invalid, the remainder thereof not affected by such declaration shall
remain in full force and effect.

SEC. 25. Repealing Clause. — All laws, decrees, rules or regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

10


SEC. 26. Effectivity Clause. ~ This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,

a