Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

a
iS RECEIVED
_ DATE August 242022

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19" CONGRESS
First Regular Session

HOUSE BILL NO. _4064

Introduced by. REP. ARJO ATAYDE

AN ACT
CREATING THE CENTER FOR DISEASE CONTROL AND PREVENTION,
PROVIDING MECHANISMS FOR EPIDEMIC CONTROL, AND FOR OTHER
PURPOSES

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

This proposed legislation seeks to establish a Center for Disease Control and
Prevention that is mandated to prevent, protect and manage the spread of diseases
and other threats to public health arising both domestically and internationally.

The importance of this measure is more apparent given the response of our
government in 2020 when the Covid-19 pandemic started and the months succeeding,
Itwas apparent that the government was not prepared and lacked the capacity needed
to prevent and control the transmission of the virus. Although we currently have the
Disease Prevention and Control Bureau, Epidemiology Bureau and the Research
Institute for Tropical Medicine (RITM), these clearly were not well equipped to
undertake the range of research and management and even lacked the facilities to
control communicable diseases. To effectively strengthen the Department of Health,
reforms should be made so as to not to repeat governments reactive approach and
policies on threatened diseases and infectious diseases. Moreover, a more



comprehensive and ‘multi-disciplinary ay

iPproach is needed to prepare ourselves for the
emergence of new or upcoming pander

mic and endemic disease.

For reasons above mentioned, the Passage of this bill is earnestly sought. 7

REP. ARJO ATAYDE


Rona

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19" CONGRESS
First Regular Session

HOUSE BILL No._4064

oo

Introduced by. REP. ARJO ATAYDE

Sn ee

AN ACT
CREATING THE CENTER FOR DISEASE CONTROL AND PREVENTION,
PROVIDING MECHANISMS FOR EPIDEMIC CONTROL, AND FOR OTHER
PURPOSES

5e it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the "Center for Disease Control
and Prevention.”

SEC. 2. Declaration of Policy. - It shall be the policy of the State to ensure the
health and well-being of Filipinos, to protect them from communicable diseases, and
‘0 proactively prevent the emergence and transmission of serious diseases

Towards this end, the State shall devote significant material and institutional
resources to provide a framework for communicable disease control and prevention in
the country

‘SEC. 3. Definition of Terms — As used in this Act, the following terms and
Phrases are defined as follows:


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°F group to a particular individual or group, regardless of whether the other
individual was previously infected:

Contagious disease - refers to an infectious disease that can be transmitted
from person to person;

Disease - refers to an illness due to a specific toxic substance, occupational
Sxposure or infectious agent, which affects a susceptible individual, either
directly or indirectly, as from an infected animal or Person, or indirectly through
an intermediate host, vector, or the environment;

|. Disease control - refers to the reduction of disease incidence, prevalence,

morbidity or mortality toa locally acceptable level as a result of deliberate efforts
and continued intervention measures to maintain said reduction;

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. A disease
Survelance 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 (1) have
not occurred in humans before; (2) have occurred previously but affected only
Small numbers of people in isolated areas; (3) have occurred throughout
human history but have only recently been recognized as a distant disease due
‘o an infectious agent; (4) are caused by previously undetected or unknown
infectious agents; (5) are due to mutant or resistant strains of a causative
organism; and (6) once were major health problems jin the country, and then
Geclined dramatically, but are again becoming health problems for a significant
Proportion of the population;



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9: Epidemicoutbreak - refers to an occurrence of more cases of disease than
normally expected within a specific place or group of People over a given period
of time;

h. Health care faciliy - refers to any institution, building, or agency or portion
thereof, whether public or private that is used, operated, or designed to provide
health services, medical treatment, or nursing, rehabilitative, or preventive care
‘0 any Person or persons. This includes, but is not limited to: ambulatory
Surgical facilites, home health agencies, hospices, hospitals, infirmaries,
intermediate care facilities, kidney treatment centers, long term care facilities,
medical assistance facilities, mental health centers, outpatient facilities, public
health centers, rehabilitation facilites, residential treatments facilities, skilled
nursing facilities, and adult day-care centers. This also includes, but is not
limited to, the following related property when used for or in connection with the
foregoing: laboratories, research facities, pharmacies, laundry facilities, health
Personnel training and lodging facilities for patient, guest, and health personnel,
‘0d service facities, and offices and office buildings for persons engaged in
health care professions or services:

i. Health event of public health concem - refers to either a public health

emergency or a public health threat due to biological, chemical, radio-nuclear
and environmental agents;

J. Infectious disease - refers to a disease caused by a living organism or other

Pathogen, including a fungus, bacillus, parasite, protozoan, or virus. An
infectious disease may, or may not, be transmissible from person to person,
animal to person, or insect to person;

Infectious waste - refers to (i) "biological waste,” which includes blood and blood
Products, excretions, exudates, secretions, suctioning and other body fluids,
and waste. materials saturated with blood or body fluids; (i) “cultures and
Stocks,” which includes etiologic agents and associated biologicals, including
Specimen cultures and dishes and devices used to transfer, inoculate, and mix
Cultures, wastes from production of biologicals and serums, and discarded live
and attenuated vaccines; (ii) "pathological waste," which includes biopsy

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Materials and all human tissues, anatomical parts that emanate from surgery,
Obstetrical procedures, necropsy or autopsy and laboratory procedures, and
animal carcasses exposed to pathogens in research and the bedding and other
waste from such animals, but does not include teeth or formaldehyde or other
Preservative agents; and (iv) "sharps," which includes needles, |.V. tubing with
needles attached, scalpel blades, lancets, breakable glass tubes, and syringes
that have been removed from their original sterile containers;

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

Pre-communicable stage - refers to the stage beginning upon an individual's
carliest opportunity for exposure to an infectious agent and ending upon the
individual entering or reentering the communicable stage of the disease or, if
the individual does not enter the communicable stage, the latest date at which
the individual could reasonably be expected to have the Potential to enter or
reenter the communicable stage:

Quarantine - refers to the physical separation and confinement of an individual
OF Groups of individuals, who are or may have been exposed to a contagious or
Possibly contagious disease and who do not show signs or symptoms of a
Contagious disease, from non- quarantined individuals, to prevent or limit the
transmission of the disease to non-quarantined individuals; and

Sudden onset health outbreak or sudden onset health events - refers to
diseases whose risks to Public health and safety exponentially increase over
time absent intervention.

CHAPTER II
CREATION OF THE CENTER FOR DISEASE CONTROL PHILIPPINES

SEC. 4. Creation of the Center for Disease Control and Prevention. - There

Shall be created a Center for Disease Control and Prevention (CDC); hereinafter


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Teferred to as "Center," a government agency attached to the Department of Health
(DOH), which shall exercise administrative Supervision over the Center.

The Center shall be the principal agency tasked with developing and applying
communicable disease control and prevention initiatives. It shall be responsible for
Controlling the introduction and spread of infectious diseases and shall provide

improving their disease prevention and control

SEC. 5. Reorganization of Existing Units. - Under this Center, the following
Dureaus and agencies of the DOH are hereby subsumed into the Center:

a. The Disease Prevention and Control Bureau;

b. The Epidemiology Bureau;

¢. The Research Institute for Tropical Medicine; and
d. The Disease Emergency Management Bureau

SEC 6. Functions of the Center. - The Center shall perform the following
functions:

a. Maintain active surveillance of diseases through epidemiologic and laboratory
investigations, data collection, analysis, and distribution:

b. Act as lead agency in developing and implementing operational programs
relating to communicable diseases;

© Actas the lead disease surveillance agency of the country:

@: Conduct operational research aimed at developing and testing effective
communicable disease prevention, control, and health promotion programs;

©. Administers national programs to develop recommended health standards to
ensure readiness for the emergence of new communicable diseases;

f Administer national programs for improving the performance of clinical
laboratories in identifying and classifying communicable diseases:

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Recommend the exercise of certain powers by the President in the case of an
epidemic;

. Set the parameters for the declaration of the existence of an epidemic;

Recommend such measures and policies as may be necessary to prevent the
transmission of communicable diseases;

Assess and support the capabilities of local government units (LGUs) in
Preventing the emergence and transmission of communicable diseases;

Enhance and strengthen the administrative and technical-capacity of the
Disease Prevention and Control Bureau and Epidemiology Bureau to ensure
the agencies’ monitoring coverage over establishments and products under
their jurisdiction;

Promote public health decisions guided by strategic information for best
Possible health outcomes.

. Provide coherence in the health monitoring to ensure equitable, accessible,

efficient and quality health Services to communities, through dynamic
Partnership and shared advocacy, responsibility and accountability,

Set the standards and the process for the establishment of Epidemiology and
Surveillance Units (ESUs) as required by Section 8 of Republic Act. No 11332,
assist DOH-retained hospitals, local health facilities especially district hospitals
and private hospitals and laboratories in establishing ESUs and assess their
Performance and accredit them based on standards set by the CDC;

. Maintain a Registry of Notifiable Diseases and Biosecurity Hazards, which shall

be published. and updated online;

. Recommend to the Council inclusions and deletions from the registry;

Perform such other functions as may be mandated by law or as may be duly
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Sec. 7. Executive Director. - The Center shall be headed by an Executive

Director who shall be appointed by the President Upon the effectivity of this Act, with
3 the rank of Undersecretary, and who Shall perform the following functions and Powers:

a

Manage and direct the activities of the Centers for Disease Control and
Prevention (CD);

Provide leadership for the implementation of CDCs responsibilities related. to
disease prevention and control;

Advise the ‘Secretary of Health on Policy matters concerning CDC activities;

Recommend to the President and the Secretary of Health the exercise of
Special powers in the case of an epidemic:

Certify to the existence of an epidemic, which shall be treated €S a public health
emergency;

Participate in the development of CDC goals and objectives;

Provide overall direction and Coordination to the epidemiologic activities of
cbc;

- Coordinate CDC response to health emergencies;

Provide liaison with other governmental agencies, international organizations
including the Werld HealthOrganization, learning institutions, and other
outside groups;

Coordinate international health activities relating to disease prevention and
control;

. In cooperation with DOH Regional Offices, provide or obtain technical

assistance for regional and local heaith departments and private and official
agencies as needed:

Provide overall direction to, and coordination Of, the scientific/medical programs
of CDC;


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™. Oversee and provide leadership for laboratory science, safety, and quality
management;

n. Plan, promote, and coordinate an ongoing program to assure equal
employment opportunities in CDC:

© Provide leadership, coordination, and assessment of administrative
Management activities:

P. Coordinate with appropriate DOH staff offices on administrative and program
matters;

q. Coordinate the consumer affairs activities for CDC; and

Provide leadership, policy guidance, coordination, technical expertise, and
Services to promote the development and implementation of the agency's
national programs

SEC. 8. Communicable Disease Prevention and Control Bureau. - There shall
be created the Communicable Disease Prevention and Control Bureau under the CDC
with the following functions:

@ Develop plans, policies, programs, projects and strategies for disease
Prevention and control and health protection: and

b. Provide coordination, technical assistance, capability building, consultancy and
advisory services related to disease prevention and control and health
protection.

SEC. 9. Divisions of the Disease Prevention and Control Bureau. - There shall
be created the following divisions under Disease Prevention and Control Bureau,
which shall be divided into two divisions, under the CDC with the following functions:

a. The Infectious Diseases for Elimination Division (IDED) shall have the following
functions:


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- Develop Policies, standards and guidelines for the elimination of infectious

diseases;

Develop plans, programs and projects to carry out preventive and control

Strategies against elimination of | infectious diseases;

Assist and strengthen Capacity to measure and analyze the burden of
elimination of infectious diseases;

Provide Monitoring and evaluation Schemes to measure of interventions in the
Prevention and control of elimination diseases;

Provide technical assistance and expert services to collaborating and
implementing agencies on matters pertaining to the Prevention and control of
infectious diseases for elimination;

- Develop capability of health sector agencies and organizations in the

implementation of programs and projects related to the Prevention and control
Of infectious diseases for elimination:

Promote coordination and Collaboration with partner agencies and
organizations on matters Pertaining to elimination of infectious diseases; and

Mobilize resources to assist collaborating and implementing agencies and
organizations.

b. The Infectious Disease of Prevention and Control Division (IDPCD) shall have the
following functions:

Develop policies, standards and guidelines for the prevention and control of
infectious diseases;

2. Develop plans, programs and projects to carry out preventive and control

strategies against infectious diseases;

3. Assist and strengthen capacity to measure and analyze the burden of infectious

diseases;


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infectious diseases;

5. Develop Capability of health Sector agencies and organizations in the
implementation of Programs and projects related to the prevention and control
of infectious diseases;

8. Promote coordination and collaboration with partner agencies and
organizations on matters pertaining to infectious diseases; and

N

- Mobilize resources to assist collaborating and implementing agencies and
organizations.

All other divisions Currently under the Disease Prevention and Control Bureau
of the Department of Health Shall remain within the bureau, which shall hereafter be
renamed the Non-Communicable Disease Prevention and Control Bureau.

Sec. 10. Epidemiology Bureau. - There shall be an Epidemiology Bureau under
the Center with the following functions:

a. Develop and evaluate Surveillance systems and other health information
‘systems;

b. Collect, analyze and disseminate reliable and timely information on the health
status;

©. Investigate disease outbreaks and other threats to public health; and

. Network public health laboratories in support of epidemiological and
surveillance activities.
There shall be created divisions under the Epidemiology Bureau with the
following functions:

1. Applied Epidemiology Health Management Division

a. Investigate and respond to epidemics and other urgent public health
threats as the need arises;

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5. Develop and maintain field epidemiology training programs for public
health workers;

© Develop, capture, fiter, verity, assess, respond, disseminate and
evaluate event-based surveillance systems; and

4. Collect and maintain resource materials on epidemiology, surveillance,
“management and monitoring and evaluation in public health,

2. Public Health Surveillance Division - Undertake Notifiable disease surveillance
through Philippine Integrated Disease Surveillance and Response.

3. Survey, Monitoring & Evaluation Division
a. Provide statistical services to priority health Programs of the DOH;

5. Monitoring non-behavioral risk factors Priority non-communicable
diseases through globally standardized survey:

© Monitor HIV and AIDS Registry and Integrated HIV Behavioral and
Serologic Surveillance, size estimates and Most At-Risk Population; and

4d. Provide program health indicators information.

SEC. 11. Disease Emergency Management Bureau. - There shall be created
the Disease Emergency Management Bureau under the Center with the following
functions:

@ Act as the DOH Coordinating Unit and Operation Center for all health
Smergencies and disasters, as well as incidents with the potential of becoming
an emergency, and coordinate the mobilization and sharing of resources

b. Provide the communication linkage among DOH Central Office and other
concerned agencies, including the hospitals and the regions, during
emergencies and disasters.

Maintain updated information of all health emergencies and disasters (except
epidemiological investigation reports) and provide such information to other
offices and agencies in accordance with existing protocols.

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Maintain a database of all health emergency Personnel, technical experts, and
resource speakers. Together with the National Center for Health Facilities
Development (NCHFD), the DEMB shall maintain a database of capabilities of
health facilities,

© Lead in the development of Disaster Risk Reduction & Management in Health
(ORRMH) Plan and the development of protocols, Suidelines and standards for
health emergency management

f- Provide technical assistance in the development of Programs and planning
activities for HEM for other government and non-government organizations

g. Lead advocacy activities, including simulation exercises.

h. Develop and implement an integrated Human Resource Training Agenda for
the Health Sector for emergencies and disasters

‘Lead in the networking of hospitals and health sector organizations responding
to emergencies and disasters.

i, Monitor and evaluate the enforcement of compliance to Policies and

recommend the formulation or amendment of policies related to health
emergency management.

There shall be created divisions under the Disease Emergency Management

Bureau with the following functions:

1. Prevention, Mitigation & Preparedness Division

a. Develop, disseminates, and monitors the implementation of Policies for
health emergency preparedness.

b. Develop standardized training modules for various stakeholders on
health emergencies.

©. Develop, disseminate and update emergency preparedness programs


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| Develop policy-related and operational researches and documentation

relevant to health emergency preparedness that will serve as inputs for
Policy development and program/systems improvement.

Develop well-performing managerial human resources for health
emergency management.

Provide technical assistance to ensure the availability of functional
health emergency preparedness systems (including Policies, planning
and capability building activities) at all levels of the health sector

. Provide technical assistance to ensure delivery of appropriate services

in time of emergencies.

Develop and implement an overall Monitoring and Evaluation System
and Plan for health emergency management

Lead in public-information and awareness-raising activities,

2. Response, Recovery & Rehabilitation Division

Mobilize resources of technical experts, health response teams and
tangible logistics needed locally and internationally.

Manage information through rapid health assessment, damage
assessment and needs analysis in response, recovery and rehabilitation
phases

~ Plan and develop policies and guidelines essential in the implementation

and management of projects, programs and activities relevant to
emergency and response, recovery and rehabilitation.

|. Develop and capacitate human resources of regional offices, operation

of centers and local government units in responding to emergencies.

Perform such other functions as may be necessary in performing its

functions as a health emergency response division.



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SEC. 12. Research Institute of Tropical Medicine. - The Center shall absorb all
functions and divisions under the Research Institute of Tropical Medicine pursuant to
Executive Order No. 674 as follows:

@. To undertake research in the prevention, diagnosis and treatment of tropical
diseases of public health importance and to produce vaccines for the control of
vaccine-preventable diseases; and

b. To engage and help formulate national health Policy and strategy, conduct
research efforts directed towards the development of new diagnostic
techniques as well as effective and efficient strategies for the control of
infectious and/or tropical diseases,

The Research Institute shall also:

a. Provide high quality tertiary care to both in-patients and out-patients suffering
from tropical diseases included within the scope of the Institute's research
activities,

b. Undertake research activities in the diagnosis, control and Prevention of tropical
diseases that are major causes of mortality and morbidity in the Philippines.

c. Develop cost effective Strategies for the control of infectious/tropical diseases.

d. Conduct clinical trials according to accepted Good Clinical Practice (GCP)
guidelines, aimed at better understanding and control of tropical diseases.

@. Conduct regular training courses for medical and paramedical personnel in the
Control of common tropical diseases in the country.

f. Participate in the technical cooperation programs with foreign governments in
research activities in the diagnosis, control and Prevention of tropical diseases.

CHAPTER III

REGULATIONS TO CONTROL COMMUNICABLE DISEASES


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Sec. 13. Promulgation and enforcement by the Secretary of Health. - The
Secretary of Health, upon the recommendation of the Executive Director, is
authorized to make and enforce such-regulations as in his/her judgment are-
necessary f0 prevent the introduction, transmission, or spread of ‘communicable
diseases from foreign countries into the Philippines or its territory.

For purposes of carrying out and enforcing such regulations, the Secretary of
Health, or the Executive Director upon delegation by the Secretary of Health, may
Provide for such inspection, fumigation, disinfection, sanitation, pest extermination,
destruction of animals or articles found to be so infected or contaminated as to be
Sources of dangerous infection to human beings, and other measures, as in hisiher
judgment may be necessary.

Sec. 14. Apprehension, detention, or conditional release of Individuals. -
Regulations prescribed under this Chapter shall not provide for the apprehension,
Getention, or conditional release of individuals except for the purpose of preventing
the introduction, transmission, or spread of such communicable diseases as may be
Specified from time to time in Executive orders of the President upon the
recommendation of the Secretary of Health and/or the Executive Director.

Sec. 15. Application of regulations to persons entering from foreign countries. -
Except as specifically provided by law, regulations prescribed under this section,
insofar as they provide for the apprehension, detention, examination, or conditional
release of individuals, shall be applicable only to individuals coming into Philippine
territory from a foreign country or a possession.

Sec. 16. Apprehension and examination of persons reasonably believed to be
Infected. - Regulations prescribed under this Chapter may provide for the
apprehension and examination of any individual reasonably believed to be infected
with a communicable disease in a qualifying stage and (A) to be moving or about to
move within the Philippines; or (B) to be a probable source of infection to individuals
who, while infected with such disease in a qualifying stage, will be moving within the
Philippines. Such regulations may provide that if upon examination any such

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individual is found to be infected, he may be detained for Such time and in such
manner as may be reasonably necessary.

For purposes of this Section, the term “qualifying stage", with respect to a
communicable disease, means that such disease ~ (A) is in a communicable stage:
& (B) is in a pre-communicable stage, ifthe disease would be likely to cause a public
health emergency if transmitted to other individuals

See. 17. Suspension of entries and Imports from designated places to prevent
Spread of communicable diseases. - Whenever the Executive Director determines that
by reason of the existence of any communicable disease in a foreign country there is
Serious danger of the introduction of such disease into the Philippines, and that this
danger is so increased by the introduction of persons or Property from such country
that a suspension of the right to introduce such persons and Property is required in
the interest of the public health, the Secretary of Health, upon the recommendation of
the Executive Director, in accordance with regulations approved by the President, shall
have the power to prohibit, in whole or in part, the introduction of persons and Property
from such countries or places as he shall designate in order to avert such danger, and
for such period of time as he may deem necessary for such purpose.

Sec. 18. Special quarantine powers in time of war. - To protect the military and
naval forces and war workers of the Philippines, in times of war, against any
communicable disease, the President, in consultation with the Secretary of Health and
the Executive Director, is authorized to provide by regulations for the apprehension
and examination, in time of war, of any individual reasonably believed (1) to be
infected with such disease and (2) to be a probable source of infection to members of
the Armed Forces of the Philippines or to individuals engaged in the Production or
transportation of arms, munitions, ships, food, clothing, or other supplies for the armed
forces. Such regulations may provide that if upon examination any such individual is
found to be so infected, he may be detained for such time and in such manner as may
be reasonably necessary

Sec. 19. Quarantine regulations governing civil air navigation and civil aircraft.
~ Executive Director and the Secretary of Health are jointly authorized to provide by
regulations for the application to air navigation and aircraft of any of the provisions of

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Sec. 20 Penalties. - Any person who violates any regulation prescribed under
this Chapter, or who enters or departs from the limits of any quarantine station, ground,
or anchorage in disregard of quarantine rules and regulations or without Permission of
the quarantine officer in charge, shall be punished by a fine of not more than Five
Million Pesos (Php 5,000.000.00) or by imprisonment for not more than two years, or
both.

Sec. 21. Administration of oaths by quarantine officers. - Medical officers, when
Performing duties as quarantine officers at any port or place within the Philippines, are
authorized to take declarations and administer oaths in matters Pertaining to the
administration of the quarantine laws and regulations of the Philippines

CHAPTER IV
MANAGEMENT OF SUDDEN ONSET HEALTH EMERGENCIES

Sec. 22. Health Emergency Coordination Council (ECC). -There shall be created a
Health Emergency Coordinating Council (HEC), hereinafter referred to as the
Council, composed of the following or their representatives:

a. Secretary of Health as Chairperson;
b. The Executive Secretary as Co-Chairperson;

©. The Executive Director of the CDCP as Secretary:

. The Secretary of Foreign Affairs as Member:

©. The Secretary of National Defense as NDRRMC Chairman as Member:

f The Secretary of Interior and Local Government as Member:

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The Secretary of Justice as Member:

h. The Secretary of Budget and Management as Member.

\. The Secretary of Trade and Industry as Member.

J. The Secretary of Agriculture as Member,

k. The Press Secretary as Member,

|. The National Security Adviser as Member:

™. The Chairman of the Philippine Red Cross as Member.

1 The Executive Director ofthe Philippine Council for Health Research and
Development as Member; and

©. The President of PhilHealth as Member

Other government agencies not under the authority or jurisdiction of the
Standing members of the Council may be included should their inclusion be
determined by the Council as necessary

The Center shall act as the Secretariat of the HECC.

Sec. 23. Meetings. - The HECC shall meet at least once every quarter and shall
meet as often as recommended by the Executive Director. Upon the motion of the
Executive Director, it shall be the duty of the HECC to declare a state of health
emergency upon a vote of the majority ofits members. Only the council may declare
a state of health emergency which may be national, or local as defined

Sec. 24. Authorization to use calamity funds. - The declaration of a state of
health emergency shall serve as an authorization for covered local government units
(LGUs) to use their calamity funds in a manner duly consulted with the CDC.

Sec. 25. Sudden Onset Health Emergency Management Plan.- A Sudden
Onset Health Emergency Management Plan (SOHEMP) shall be formulated by the
Council, as supported by the CDC, within six (6) months after the effectivity of this Act.

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The SOHEMP shall Serve as the framework for the government's response to any
Public health emergency. It shall set out goals and specific objectives to detect,
Prevent the spread, contain and Manage public health emergencies resulting. from an

outbreak of highly Contagious and/or infectious diseases, and biological or biochemical
disasters.

Sec. 26. Emergency Powers during a sudden onset health outbreak. - The
council may certify to the existence of a state of health emergency during a sudden
onset health outbreak. The basis for such a declaration shall be made public by the
Council through the mass and social media and a written report shall be submitted to
both Houses of Congress. The declaration shall take effect for a Period of sixty (60)
ays, unless extended or terminated earier by the President, upon recommendation
by the Secretary of Health.

Sec. 27. Health Care Facilties and Services During a Sudden Onset Health
Outbreak. - During the period of a Sudden Onset Health Outbreak, the Council may,
within reasonable and necessary grounds for emergency response to a Public health
Emergency, require privately. owned health care faclties to provide services or the
Use of their facilities.

Sec. 28. Dangerous Facilities and Materials. - During the State of Health
Emergency, the Council may exercise, in Coordination with national government
agencies, local governments, andother organizations responsible for the
implementation of the SOHEMP, the following powers over facilities or materials that
may be considered dangerous due to contamination or exposure to chemical, nuclear
or biological agents or infectious disease pathogens.

To close, direct and compel the evacuation of, or to decontaminate or cause to
be decontaminated, any facility of which there is reasonable cause to believe that it
may endanger the public health and to decontaminateor cause. to.~—COséwbe
decontaminated, any material of which there is reasonable cause to believe that it may
endanger the public health.

Sec. 29. Control of Pharmaceutical Agents or Medical Supplies. - After the
declaration of a State of Public Health Emergency, the Council may authorize
concerned agencies to purchase, store or distribute anti-toxins, serums, vaccine,

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immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies
that it considers advisable in the interest of Preparing for or controlling a public health
emergency, with the right to take immediate possession thereof

If a State of Public Health Emergency results in a nationwide or regional
Shortage or threatened shortage of any product covered by the preceding paragraph,
the Council may control, restrict, and regulate by rationing and using quotas,
Prohibitions on shipments, price fixing, allocation or other means, the use, sale,
trading, distribution, or transportation of the relevant product Necessary to protect the
health, safety, and welfare of the people.

Sec. 30. Sudden Onset Health Hazards and Emergencies Management
Service, There shall be created, within the CDC, a Sudden Onset Health Hazards and
Emergencies Management Service (SOHHEMS), under the DEMB, which shall
Perform the following functions:

a. Oversee on-the-ground operations of the CDC in the event of a public health
emergency;

b. Assess and improve the readiness of health facilities for a Public health
emergency;

© Develop a National Epidemic and Rapid Onset Emergency Response plan, and
assist local governments in formulating their local public health emergency
response plans;

d. Capacitate government instrumentalities and private organizations in on-the-
ground response to public health emergencies:

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Coordinate the logistical requirements of delivering national government
assistance to local governments in case of a public health emergency:

f. Operate a national health emergency hotline:

g. Serve as a central receiving center for relevant information during a health
emergency;

h. Oversee the National Health Emergency Response Unit (NHERU);

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Perform such other functions as may be delegated by the Secretary of Health,
or aS may be needed to perform its role as the Coordination body for ground
operations during a public health emergency,

Sec. 31. National Health Emergency Response Unit - There shall be created a
lal Health Emergency Response Unit to perform the following functions:

Execute, in coordination with relevant law enforcement authorities, orders for
seizure, surveillance, Search, and disposal issued by the President, the
Secretary of Health, the CDC, or the HECC;

Act as the first-response unit of the SOHHEMS during a public health
emergency;

Conduct investigative and inteligence gathering activities as ordered by the
CDC or by the Secretary of Health;

Verify reports of cases of serious infectious diseases, the presence of serious
amounts of biohazards; and such other reports whose verification is in the
interest of protecting public health;

Perform such other functions as may be inherent in its role as the first-response

unit of the PHEMS, or as may be assigned by the Secretary of Health and/or
the CDC Executive Director.

Due to the nature of their duties, frontline personnel of the NHERU shall be

entitled to hazard pay. The Department of Budget and Management shall formulate

and promulgate the rules and regulations necessary for the implementation of this
paragraph.

Sec. 32. Right to information during a sudden onset health outbreak. - The

Secretary of Health shall make publicly available information which he/she deems
essential to preserving the health and Safety. of the public. During a sudden onset
health outbreak, the right to vital information shall take precedence over the right to

privacy.

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Sec. 33. Special ‘Supervision over the Bureau of Quarantine. - During a sudden
Onset health outbreak, or as May be mandated by the Secretary of Health in the
interest of preventing an outbreak the Bureau of Quarantine Shall report directly to the
Executive Director of the CDC. The Bureau of Quarantine shall at all times practice
full transparency with the Executive Director of the CDC. The CDC shall have full
access to information in the possession of. the Bureau of Quarantine.

Sec. 34. Safe disposal of infectious waste. - The CDC may exercise, for such
Period as the state of public health emergency exists, the following powers regarding
the safe disposal of infectious waste:

a. Adopt measures. To adopt and enforce measures to Provide for the safe
disposal of infectious waste as may be reasonable and Necessary to respond
{othe public health emergency. Such measures may include, but are not limited
{o, the collection, storage, handling, destruction, treatment, transportation, and
disposal of infectious waste

>. Control of facilities. To require any business or facilty authorized to collect,
Store, handle, destroy, treat, transport, and dispose of infectious waste under
the law, and any landfil business or other such property, to accept infectious
waste, or provide services or the use of the business, facility, or property if
Such action is reasonable and necessary to respond to the public health
emergency as a condition of licensure, authorization, or the ability to continue
doing business jin the country as such a business or facility. The use of the
business, faciity, or property may include transferring the management and
Supervision of such business, facility, or property to the CDC for a limited or
Unlimited period of time, but shall not exceed the termination of the declaration
ofa state of public health emergency.

©. Use of facilities. To procure, by condemnation or otherwise, any business or
facility authorized to collect, store, handle, destroy, treat, transport, and dispose
Of infectious waste under the laws of the country and any landfill business or
other such property as may be reasonable and necessary to respond to the
Public health emergency, with the right to take immediate possession thereof

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d. Identification. All bags, boxes, or other Containers for infectious waste shall be
Clearly identified as Containing infectious waste, and if known, the type of
infectious waste.

Sec. 35. Safe disposal of human remains. -The CDC may exercise, for such

Period as the state of public health emergency exists, the following powers regarding
the safe disposal of human remains:

3 Adopt measures. To adopt and enforce measures to Provide for the safe
disposal of human remains as may be reasonable and Necessary to respond to
the public health emergency. Such measures may include, but are Not limited
‘o, the embalming, burial, cremation, interment, disinterment, transportation,
and disposal of human remains.

b. Possession. To take possession or control of any human remains.

©. Disposal. To order the disposal of any human remains of a Person who has
died of a contagious disease through burial or cremation within twenty-four (24)
hours after death. To the extent possible, religious, cultural, family, and
individual beliefs of the deceased person or his or her family shall be consoled
when disposing of-any human remains.

¢. Control of facilities. To require any business or facility authorized to embalm,
bury, cremate, inter, disinter, transport, and dispose of human remains under
the laws of the country to accept any human remains or provide the use of its
business or facility if such actions are reasonable and necessary to respond to
the public health emergency as a condition of licensure, authorization, or the
ability to continue doing business in the country as such a business or facility.
The use of the business or facility may include transferring the management
and supervision of such business or facility to the CDC for a limited or unlimited
Period of time, but shall not exceed the termination of the declaration of a state
of public health emergency.

Use of facilities. To procure, by condemnation or otherwise, any business or
facility authorized to embalm, bury, cremate, inter, disinter, transport, and
dispose of human remains under the laws of the Philippines as may be

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“easonable and necessary to respond to the public health emergency, with the
Tight to take immediate possession thereof

Labeling. Every human remains prior to disposal shall be clearly labeled with
all available information to identify the decedent and the circumstances of
death. Any human remains of a deceased Person with a contagious disease
shall have an external, dearly visible tag indicating that the human remains is
infected and, if known, the contagious disease.

‘dentification. Every person in charge of disposing of any human remains shall
maintain a written or electronic record of each human remains and all available
information to identify the deceased and the circumstances of death and
disposal. If human remains cannot be identified prior to disposal, a qualified
Person shall to the extent possible, take fingerprints and photographs of the
human remains, obtain identifying dental information, and collect a DNA
Specimen. All information gathered under this paragraph shall be promptly
forwarded to the CDC.

‘Sec. 36. Other powers of control of health care supplies. -

. Procurement. The CDC may purchase and distribute antitoxins, serums,

vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or
medical supplies that it deems advisable in the interest of preparing for or
controlling a public health emergency, without any additional legislative
authorization.

Rationing. Ifa state of public health emergency results in a national or regional
Shortage or threatened shortage of any product under (a), whether or not such
Product has been purchased by the public health authority, the CDC may
Control, restrict, and regulate by rationing and using quotas, prohibitions on
shipments, allocation, or other means, the use, sale, dispensing, distribution, or
transportation of the relevant product necessary to protect the public health,
safety, and welfare of the people

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Priority. In ‘making rationing or other ‘Supply and distribution decisions, the CDC

may give preference to health care providers, disaster response personnel, and
Mortuary staff.

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| Distribution. During a state of public health emergency, the CDC may procure,
Store, or distribute any anti-toxins, serums, Vaccines, immunizing agents;
antibiotics, and other pharmaceutical agents or medical Supplies located within
the country as may be reasonable and Necessary to respond to the public
health emergency, with the right to take immediate Possession thereof. If a
Public health emergency simultaneously affects more than one state, nothing
in this Section shall be construed to allow the public health authority to obtain
antHtoxins, Serums, vaccines, immunizing agents, antibiotics, and other
Pharmaceutical agents or medical supplies forthe primary Purpose of hoarding
Such items or preventing their fair and equitable distribution among affected
countries.

See. 37. Vaccination and treatment - During a state of public health emergency,

oF @ state of sudden onset health outbreak, the CDC may exercise the following
emergency powers over persons as necessary to address the public health
emergency:

2. Vaccination. To vaccinate persons as protection against infectious disease and
‘0 prevent the spread of contagious or possibly contagious disease. (1)
Vaccination may be performed by any qualified person authorized to do so by
the CDC. (2) A vaccine to be administered must not be such as is reasonably
likely to lead to serious harm to the affected individual. (3) To prevent the spread
Of contagious or possibly contagious disease the CDC may isolate or
Quarantine, pursuant to the provisions of this Act, persons who are unable or
unwilling for reasons of health, religion, or conscience to undergo vaccination
pursuant to this Section.

. Treatment. To treat persons exposed to or infected with disease. (1) Treatment
may be administered by any qualified person authorized to do so by the CDC
or DOH. (2) Treatment must not be such as is reasonably likely to lead to
Serious harm to the affected individual. (3) To prevent the spread of contagious

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°F Possibly contagious disease the public health authority may isolate or
quarantine persons who are unable or unwilling for reasons of health, religion,
OF conscience to undergo treatment pursuant to this section.

CHAPTER V
TRACKING OF PUBLIC HEALTH EMERGENCIES
Sec. 38 Reporting. -

Iiiness or health condition. A health care provider, medico-legal, or medical
examiner shall report all cases of persons who harbor any illness or health
Condition that may be potential causes of a public health emergency, including
emerging and re- emerging infections

» Pharmacists. In addition to the foregoing requirements for health care

Providers, a pharmacist shall report any unusual or increased prescription rates,
Lunusual fyPes of prescriptions, or unusual trends in pharmacy visits that may
be potential causes of a public health emergency. Prescription-related events
that require a report include, but are not limited to — (1) an unusual increase in
the number of Prescriptions or over-the-counter Pharmaceuticals to treat
conditions that the CDC identifies through regulations; (2) an unusual increase
in the number of prescriptions for antibiotics; and (3) any prescription that treats
a disease that is relatively uncommon or may be associated with bioterrorism

Manner of reporting. The report shall be made electronically or in writing within
twenty-four (24) to the Department of Health or through the CDC. The report
Shall include as much of the following information as is available; the specific
lliness or health condition that is the subject of the report; the patient's name,
date of birth, sex, race, occupation, and current home and work addresses
(including city and province); the name and address of the health care provider,
Coroner, or medical examiner and of the reporting individual, if different; and
any other information needed to locate the patient for follow-up. For cases
related to animal or insect bites, the suspected locating information of the biting
animal or insect, and the name and address of any known owner, shall be
reported.

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& Laboratories. For the purposes of this Section, the definition of “health care
Provider" shall include medical laboratories, provided that such laboratories
have agreed to the reporting requirements of the country. Results must be
reported by the laboratory that performs the test, but a local laboratory that
Sends specimens to a laboratory abroad is also responsible for reporting
results.

f. Enforcement. The CDC may enforce the provisions of this Section in
accordance with existing enforcement tules and regulations.

See. 39. Tracking. -The CDC shall ascertain the existence of cases of an illness
oF health condition that may be potential causes of a public health emergency;
investigate all such cases for sources of infection and to ensure that they are subject
{0 proper control measures; and define the distribution of the illness or health
condition. To fulfil these duties, the CDC shall identify exposed individuals as follows-

a. Identification of individuals. Acting on information developed in accordance with
Section 34 of this Act, or other reliable information, the CDC shall identity all
individuals thought to have been exposed to an illness or health condition that
may be a potential cause of a public health emergency

Interviewing of individuals. The CDC shall counsel and interview such
individuals where needed to assist in the positive identification of exposed
individuals and develop information relating to the source and spread of the
illness or health condition. Such information includes the name and address
(including city and province) of any person from whom the illness or health

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Condition may have been Contracted and to whom the illness or health Condition
may have spread.

. Examination of facilities or materials, The CDC shall, for. examination purposes,

close, evacuate, or decontaminate any facility or decontaminate or destroy any

May endanger the public health,

|. Enforcement. The CDC may enforce the provisions of this Section in

accordance with existing enforcement rules and regulations. An order of the
CDC given to effectuate the purposes of this Section shall be enforceable
immediately.

Sec. 40. information sharing. -

| Whenever the CDC or other goverment agency leas of a case of a

‘eportable illness or health condition, an unusual cluster, or a suspicious event
that may be the cause of a public health emergency, it shall immediately notify
the SOHECC and its members.

. Whenever the CDC learns of a case of a reportable illness or health condition,

an unusual cluster, or a suspicious event that it reasonably believes has the
Potential to be caused by bioterrorism, it shall immediately notify public safety
authorities.

Sharing of information on reportable illnesses, health conditions, unusual

Clusters, or suspicious events between Public health and safety authorities shall
be restricted to the information necessary for the treatment, control,
investigation, and prevention of a public health emergency,

Sec. 41. Intergovernmental information ‘Sharing. - The-Secretary of Foreign

Affairs and the Secretary of Health are jointly mandated to review and recommend to
the SOHECC multilateral and bilateral agreements which the country may adopt to
Strengthen its information sharing mechanisms with other countries

CHAPTER VI

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Sec. 43. Appropriations. - in addition to the appropriations for the units
subsumed in the Center under this Act, there shall be appropriated a sum of Fifty
Million Pesos (Php 50,000.000.00) for the implementation Of this Act, including the
Operations of the Center. Provided, that such appropriation shall apply only when this
Act is passed before the Center could be given appropriations under the General
Appropriations Act for the nearest upcoming year.

Sec. 44. Staffing. - The Secretary of Health, in consultation with the Department
of Budget and Management (DBM), shall determine the organizational structures
including regional or field offices, qualification standards, staffing pattern and
compensation of the newly created Center in accordance with existing laws, rules and
regulations.

Sec. 45. Implementing Rules and Regulations. - The Secretary of Health shall
Promulgate the necessary rules and regulations within ninety (90) working days from
the effectivity of this Act.

Sec. 46. Separability Clause. - Any portion or provision of this Act that is
declared unconstitutional shall not have the effect of nullifying other portions o:
Provisions hereof as long as such remaining portions can stil subsist and be given
effect in their entirety.

Sec. 47. Repealing Clause. - All laws, ordinances, rules, regulations, other
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed

oF modified accordingly.

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Sec. 48. Effectivity. - This Act

2 its publication in the official Gazette or

Shall take effect after fifteen (15) days following
in a newspaper of general circulation,

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