Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

3224

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A PANDEMIC PREPAREDNESS PLAN AND FOR OTHER
PURPOSES'

EXPLANATORY NOTE

The avian influenza pandemic brought to the world’s attention the
importance of having a comprehensive emergency plan in place to avoid
unnecessary exposure to such a virus. Such a threat should be given serious
attention by the Philippine govemment given its global implications. Cases of
highly pathogenic influenza have resulted to the death of the infected humans.

To date, no researches have been concluded to rule out human-to-human,
transmission of the avian virus. The severity and schedule of an influenza
pandemic is not predictable. Scientists are concemed that the avian influenza
virus could one day be able to infect humans for which we have no immunity
protection.

This bill aims to establish a pandemic emergency plan to enable the
Philippines to be better prepared to recognize and manage an influenza
pandemic. A preparedness plan may help reduce transmission of the pandemic
virus, reduce cases of hospitalization and deaths, and maintain essential
services to reduce its possible adverse economic and social impact

‘This bil is a counterpart measure filed by Senator Manny Villar during the First Regular Sexsion of this present Congress.


In view of the paramount importance of this proposed measure, its
immediate enactment into law is eamestly requested.

DIOSDADO PAGAL ARROYO GLORIA M. GAL ARROYO:
Second District, Camarines Sur Second District, Pampanga

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 8224
SEER Aneee ee

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

ACT
ESTABLISHING A PANDEMIC PREPAREDNESS PLAN AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. ~ This Act shall be known as the “Pandemic
Preparedness Act of 2011."

SECTION 2. Declaration of Policy. — While considering national
sovereignty, territorial integrity, national interest and the right to self-
determination paramount in its relations with other states, the State shall, at all
times, give paramount importance to the health of its citizens whether in the
country or overseas, in general, and Filipino migrant workers, in particular.

The State shall likewise endeavor to efficiently and immediately address
alt potential and actual public health emergencies for the promotion of the
general welfare of the people.

SECTION 3. Definition of Terms. -

(a) Avian Flu also called H5N1 virus - is an influenza A virus subtype that
‘occurs mainly among birds. Avian Flu is found to be very contagious
among birds and can make some domesticated birds, including chickens,
ducks, and turkeys, very sick;


(b) Influenza Pandemic — refers to the adaptation of an avian influenza
virus into a strain that is contagious among humans;

(c) Quarantine — refers to separation and restriction of movement of
persons who are exposed or may be infected to protect public from the
disease. Quarantine may be practiced by individuals in their homes;

(d) Isolation — refers to separation or restriction of movement of an ill
Person from healthy persons by way of seclusion in hospitals or
designated health care facilities;

(e) Health Care Facility — means any institution, building or agency or
Portion thereof that is used, operated or designed to provide health
services, medical treatment, or nursing, rehabilitative or preventive care to
any person or persons.

(f) Health Care Provider — refers to any person or entity providing health
care services including, but not limited to, hospitals, medical clinics and
offices, special care facilities, medical laboratories, physicians,
pharmacists, physician assistants, nurse practitioners, registered and
other nurses, paramedics, medical and laboratory technicians, and
ambulance and emergency medical workers.

(g) Oseltamivir and Zanamivir — refer to the influenza anti-viral drugs
approved by the U.S. Food and Drug Administration for the treatment of
influenza and for prophylaxis.

|. AVIAN INFLUENZA INFORMATION AND EDUCATION CAMPAIGN

SECTION 4. Campaign at the Community Level. — A comprehensive
information dissemination and education campaign shall be conducted in every
barangay unit of the country to educate the community on the nature, causes,
prevention and treatment of Avian Influenza or the possibility of a new strain
thereof. For this purpose, the provincial governor, city or municipal mayor and
the barangay chairman shall collaborate and/or coordinate with the Department
of Health (DOH), other concerned government agencies, non-governmental
organizations and other members of the private sector.

A separate and a more extensive instruction shall be given to barangay,
municipal, city or provincial health and social workers, health care providers,
health organizations, and other, concemed non-governmental organizations on
how to detect, diagnose and prevent the spread of avian influenza, and how to
prepare for a possible Influenza Pandemic.


SECTION 5. Campaign in Educational institutions. — The Department of
Education (DepEd), the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA), utilizing official
information provided by the Department of Health, shall require and facilitate the
education of students on the nature, causes, transmission, and prevention of
avian influenza, and its possible transmission to human beings.

SECTION 6. Campaign in the Goverment Sector. — The Department of
Health (DOH) shail coordinate with the different heads of government agencies in
the education of all government employees, officials and officers, including
members of the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP) on the nature, causes, transmission and prevention of
avian influenza, and the respective responsibilities of each government office in
the event of an Influenza Pandemic.

SECTION 7. Mandatory Education of Foreigners and Filipino Citizens
Traveling Abroad. — The State shaik ensure that all individuals traveling abroad,
whether Foreigner or Filipino citizen, shall undergo instruction or attend a
seminar on the cause and prevention of avian influenza before leaving the
Philippines. The Department of Justice (DOJ), through the Bureau of
Immigration (BI), and in collaboration with the Department of Health, shail
oversee the implementation of this section.

I. PREVENTION AND SUPPRESSION MEASURES WITHIN THE TERRITORY

SECTION 8. Duty of Heads of Families, Persons In-Charge of Places. -
Where a person fiving in a building used for human habitation is suffering from
avian influenza, the head of the family or the relatives shall immediately send
notice of the same to the nearest city or municipal health office.

It it is a child attending a school, orphanage or other such institution, or a
person residing in any hotel, boarding house or other such institution, the person
in charge of such a place shall send notice of the infectious disease to their
nearest city or municipal health officer and give the officer a list of scholars or
residents, together with their addresses.

SECTION 9. Duty of Medical Practitioners and other Health Care
Providers. — Every medical practitioner who attends to a patient suffering from
avian influenza shall send to the nearest city or municipal health office a report
stating the name of the patient and the situation of the building.

Any medical practitioner who becomes aware, by post-mortem or other
means, that any person had died of avian influenza shall immediately give to the

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nearest city or municipat health office a certificate of such disease and inform the
head of the household, person in charge of school, orphanage, hotel and so on,
on the infectious nature of the disease and the precautions to be taken to prevent
its conveyance to others.

SECTION 10. Power of City or Municipal Health Officers. - A city or
municipal health officer may at any time enter and inspect any premises in which
he has reason to believe that someone is suffering from, or had recently suffered
from avian influenza. The city or municipal health officer may medically examine
any person in such premises for the purpose of ascertaining whether such
person is suffering or has recently suffered from any infectious disease. He may
also orders the arrest, apprehension, detention or conditional release of
individuals to prevent the transmission or spread of the suspected infectious
disease.

SECTION 11. Duty of City or Municipal Health Officers. — If a city or
municipal health officer is of the opinion that the cleansing and disinfecting of any
building or any part of the building, and any articles in the building which are
likely to retain infection or would tend to prevent or check infectious diseases, it
shall be his/her duty to give notice in writing to the owner or occupant of the
building specifying the steps to be taken to cleanse and disinfect the building and
articles within a specified ime.

Ill. PANDEMIC EMERGENCY COUNCIL

SECTION 12. Pandemic Emergency Council. - The Pandemic Emergency
Council (The Council) is hereby established composed of the following: the
Secretary of Health as ex-officio Chairman of the council, with the Secretary of
Interior and Local Government, Administrator of the’ Philippine Overseas
Employment Administration (POEA), President of Philippine Health insurance
Corporation (PhilHealth) as ex-officio members, and three (3) representatives
from the private health sector.

The Council shall convene within thirty (30) days following the approval of
the Implementing Rutes and Regulations (IRR) of this Act. Upon organization of
the Council, it shall draw up a National Pandemic Emergency Plan, and conduct
a briefing for afl local goverment units and health care workers in the
government sector.

SECTION 13. Health Care Facilities and Services. - The Council, in
coordination with local government units and other concerned goverment
agencies shall set up health care facilities and isolation centers which shall
undertake pandemic prevention and preparedness services and activities, and
shall respond to any public health emergency, particulary avian influenza.


The Council may require privately owned health care facilities to provide
services or the use of its facility in the event of an influenza pandemic and only if
goverment health institutions are unable to cope with the public health
emergency.

SECTION 14. /solation and Quarantine of Individuals or Groups. ~ The
Council may, in cooperation with the concemed local chief executive, authorize
isolation or quarantine of individuals or groups of individuals who have not been
vaccinated, treated, tested, or examined for diagnosis or treatment, in
accordance with existing taws, rules and regulations.

Restriction on the movement of persons in and out of the initially affected
area by the Council shall likewise be permitted under this Act. If evidence
indicates amplified transmission or dispersion of the infection into the wider
community, the Council shall be authorized to adapt “social distancing”
Measures, such as the closing of schools or cancellation of large gatherings.

SECTION 15. Contro! of Pharmaceutical Agents and Medical Supplies. —
The Council shall purchase, store or distribute sufficient quantity of anti-viral
agents for influenza such as Oseltamivir and Zanamivir, anti-toxins, serums,
vaccines and other pharmaceutical agents or medical supplies that it considers
advisable in the interest of preparing for or controlling an influenza pandemic.

In the event of an Influenza Pandemic, the Department of Health may
control, restrict and regulate the use and rationing of the abovementioned
products.

SECTION 16. Monitoring Program. ~ A comprehensive Avian Influenza
monitoring program shall be established by the Council to determine and monitor
the presence, magnitude and progression of avian flu infection or a new strain
thereof in the Philippines, and for the purpose of evaluating the adequacy and
efficacy of the countermeasures being employed.

SECTION 17. Reporting Procedures. — All hospitals, clinics, laboratories,
and testing centers for avian influenza or a new strain thereof shall adopt
measures in assuring the reporting and confidentiality of any medical record,
personal data, and other files. The Council through its monitoring programs shall
feceive, collate and evaluate all avian flu related medical reports. The Council
monitoring data base shall utilize a coding system that promotes anonymity.

IV. PROTECTION OF HEALTH CARE WORKERS


SECTION 18. Vaccination of Health-Care Workers against Human
influenza. - Health care workers involved in the care of patients with document
or suspected avian influenza shall, before handling these patients, be vaccinated
with the most recent seasonal human Influenza vaccine.

SECTION 19. Wearing of Surgical Masks. — For their protection, health
care workers and first responders shall be provided with N9S respiratory masks
or weiLfitting surgical masks. Patients are likewise required to wear surgical
masks.

SECTION 20. Surveillance and Monitoring of Health Care Workers. —
Health care workers shall be vigilant of the development of fever, respiratory
systems, and/or conjunctivitis for one week after last exposure to avian influenza-
infected patients. Health care workers who become ill should seek medical care
and should stay home until 24 hours after resolution of fever, unless an
alternative diagnosis is established or diagnostic tests are negative for influenza
A virus,

V. PROTECTION OF OVERSEAS WORKERS

SECTION 21. Medical Examination and Treatment of Overseas Workers.
— The Overseas Workers Welfare Administration (OWWA), in coordination, the
Philippine Health Insurance Corporation (PhilHealth), the Department of Foreign
Affairs (DFA), and the Council, shall undertake the medical examination and
treatment of overseas workers and their families in cases of influenza epidemics
or pandemic or similar events abroad. All costs attendant to the medical
examination and treatment of overseas workers shall be borne by the Philippine
Health Insurance Corporation (PhilHealth).

SECTION 22. Where Undertaken. ~ The medical examination shall be
undertaken in most populated foreign cities, especially in countries affected by an
epidemic or possible outbreak of emergency infectious diseases, and shall be
administered compulsorily to citizens who are retuming to the Philippines.

SECTION 23. Mandatory Application of Appropriate Clinical Procedures. —
The appropriate clinical management procedure, which includes quarantine or
voluntary home confinement, isolation, and use of anti-viral drugs for treatment of
cases and prophylaxis, shalt be given mandatory to persons found to have been
infected or suspected of being infected.

SECTION 24. Creation of Emergency Fund. — There is hereby created
and established an emergency fund for the medical examination and treatment of
overseas workers under the administration, control and supervision of the
PhilHeaith initially to consist of Ten Million Pesos (P10,000,000.00), which shall


be taken from the existing fund held in trust by the PhilHealth for the benefit of
overseas workers.

SECTION 25. Authority of OWWA. — The functions and responsil
OWWA shail include the following:

Ss of

a. the formulation and implementation of measures and programs, in
consultation with appropriate agencies, to safeguard the health of
overseas workers and their families abroad;

b. the forging of memorandum of agreements with the POEA, the DOH,
the DFA, the PhilHealth and other appropriate intemational organizations
in connection with the purpose of this Act.

VI. MISCELLANEOUS PROVISIONS

SECTION 26. Influenza Pandemic Crisis Fund. - For purposes of this Act,
there shall be created an Influenza Pandemic Crisis Fund to be determined and
approved by the President of the Philippines upon recommendation of the
Secretary of the Department of Health.

SECTION 27. Formulation and fmplementation of an Avian Flu
Preparedness Plan and Handbook. — The Council, in collaboration with the
Department of Health, local government units, other concemed agencies and
private health organizations, shall be responsible for the formulation and
implementation of a Pandemic Preparedness Plan and Handbook to detect,
prevent the spread, contain and manage emergencies resulting from an influenza
pandemic, among others.

The aforementioned pandemic preparedness plan and handbook shall
include the following:

1. Basic Information about Avian Influenza;

2. Typical symptoms of avian influenza infection among humans, poultry
and other animals;

3. Guidelines for the Treatment of influenza Infections;

4. Respiratory Hygiene and Cough Etiquette;

5, Guidelines in the handling of poultry, swine and other animals;


6. Guidelines for enhanced surveillance, testing, and infection control;
7. Environmental Infection Control Guidelines;

8. Guidelines for the protection of health care workers;

9. Guidelines for Hospitals and other Health care facilities workers;
40. Emergency measures in case of an influenza pandemic.
SECTION 28. Penatties. -

(a) Penalty for Breach of Duty under Sections 8, 9, and 11 of this Act. - All
persons, under a duty to inform the nearest city or municipal health office
of the infectious disease, who fail or neglect to inform the same shall be
sentenced to an imprisonment of not more than six (6) months or a fine of
not more than Twenty Thousand Pesos (P20,000.00) or both upon the
discretion of the Court.

{b) Penalty for Violation of Orders of Medical Officers deployed by the
OWWA. - Any person who refuses or violates the order of the medical
officer deployed by OWWA shall be arrested without prejudice to the
applicable laws of foreign countries, and denied entry into the Philippines
until a medical clearance has been issued to him/her by OWWA. In
addition, he shall be sentenced to an imprisonment of not more than six
(6) months or a fine of not more than Twenty thousand Pesos
(P20,000.00) or both upon the discretion of the Court.

(c) Penalty for Refusal to Provide Health Services under Section 12 of this
Act. — The owner, manager or administrator of a private health care
facility who refuses to give services or allow the use of its facility during an
influenza pandemic shall suffer the penalty of imprisonment of not more
than one (1) year nor less than six (6) months, and/or a fine of One
Hundred Thousand Pesos (P100,000.00), upon the discretion of the
‘Court.

{d) Penalty for Individuals who refuse isolation, quarantine, testing,
vaccination under Section 13. — Any person who refuses vaccination,
treatment, testing, examination for diagnosis or treatment, or isolation and
quarantine in accordance with existing laws, rules and regulations and to
the detriment of the general public shalt suffer the penalty of imprisonment
of not more than six (6) months or a fine of not more than Twenty
Thousand Pesos (P20,000.00) or both upon the discretion of the Court.

SECTION 29. implementing Rules and Regulations. — Within thirty (30)
days from promulgation of this Act, the DOH, in collaboration with the OWWA,


the POEA, PhilHeatth, DOJ and the DFA and representatives from the private
health sector shall issue necessary rules and fegulations to make this Act
operative.

SECTION 30. Repeating Clause. - Any law, presidentiat decree or
issuance, executive order, rule or regulation contrary to, or inconsistent with the
provisions of this Act is hereby repealed, modified, or amended accordingly,

SECTION 31. Effectivity. - This Act shail take effect fifteen (15) days

following its complete publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,