Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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Introduced by Representative Jose Christopher Y. Belmonte

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO_DO87

AN ACT
ESTABLISHING A NATIONAL CENTER AND AN INTER-AGENCY
COUNCIL FOR HARM REDUCTION, PROVIDING FOR DIVERSION
AND HARM REDUCTION PROGRAM FOR PERSONAL USE AND
LOW-LEVEL POSSESSION OF DRUGS, PROHIBITING HARMFUL AND
DISCRIMINATORY DRUG-RELATED INTERVENTIONS AND
PRACTICES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Constitution provides that the State shall protect and promote the
right to health of the people and instill health consciousness among them.!
Moreover, the State values the dignity of every human person and guarantees
full respect for human rights.

In this light, the Philippines strongly reaffirms that health, which is a state of
complete physical, mental and social well-being, and not merely the absence
of disease or infirmity, is a fundamental human right and that the attainment
of the highest possible level of health is a most important worldwide social
goal. ° The right to health includes the right to be free from non-consensual
medical treatment and proscribes any discrimination in access to health care,
such as discrimination based on health status (including HIV/AIDS).

a Section 15, Article II, 1987 Constitution.

P Section 11, Article II, 1987 Constitution.
3 Declaration of Alma-Ata International Conference on Primary Health Care,

Alma- Ata, USSR, 6-12 September 1978.

‘ See United Nations Committee on Economic, Social, and Cultural Rights, The
right to the highest attainable standard of health. E/C.12/2000/4, CESCR General
comment 14.


Currently, the Philippine government has intensified efforts to address drug-
related issues in the country. However, multi-country experience and
evidence show that the most successful and effective approach to drug-
related issues focuses on public health, prevention, treatment and care, as
well as on economic, social, and cultural strategies as opposed to
criminalization and incarceration of people who use drugs.> This public
health framework for drug-related issues is anchored on the principle of harm
reduction, which aim primarily to reduce the adverse health, social and
economic consequences related to the problematic use of legal and illegal
psychoactive drugs without focusing on drug consumption alone.

Towards this end, the bill proposes the creation of a National Center and an
Inter-Agency Council for Harm Reduction, providing for harm reduction
diversion program for personal use and low-level possession of drugs,
prohibiting discriminatory and harmful drug-related interventions and
practices, and for other purposes.

The immediate enactment of this measure is respectfully urged.

5 United Nations Secretary-General Ban Ki-Moon (26 June 2015), Message on
International Day Against Drug Abuse and Illicit Trafficking, UNIS/SGSM/645.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO. 5567

Introduced by Representative Jose Christopher Y. Belmonte

AN ACT
ESTABLISHING A NATIONAL CENTER AND AN INTER-AGENCY
COUNCIL FOR HARM REDUCTION, PROVIDING FOR HARM
REDUCTION PROGRAM FOR PERSONAL USE AND LOW-LEVEL
POSSESSION OF DRUGS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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

PARTI

Introductory Provisions

Section. 1. Title. - This Act shall be known as the “Harm Reduction Act of
2016.”

Sec. 2. Declaration of Policy. - It is the policy of the State to protect and
promote the right to health of the people and instill health consciousness
among them. It shall also be declared the policy of the State to address drug-
related issues under the public health framework of harm reduction.


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The State shall ensure that a scientific, effective, and evidence-based approach
shall be the foundation of national drug-related policies and programs for

people involved with drugs, including their family and relevant others.

The State affirms that the individual who uses drugs is at the center of harm
reduction and that there are various psychosocial factors affecting the use of
drugs. The State recognizes that majority of drug use and low-level
possession of drugs do not amount to social problems that necessitate
punitive interventions. In this light, the State upholds an integrative approach
to drug-related issues which takes into account the context of the person
involved with drugs and their personal motivations and desires in designing

harm reduction programs.

Towards this end, the State shall endeavor to mainstream harm reduction
principles in key government agencies with roles on drug-related
interventions. The State will ensure that harm reduction approach is
effectively implemented and sufficiently funded in communities, and that

relevant stakeholders are included in this endeavor.

It shall also be the policy of the State to prohibit discriminatory and harmful
drug-related interventions and practices which violate the right to health of

people involved with drugs.

Sec. 3. Purpose. - This act aims to

a) Establish a National Center for Harm Reduction;

b) Establish an Inter-Agency Council for Harm Reduction;

©) Mainstream harm reduction in public policy, plans and programs
of various sectors and government agencies;

d) Provide for diversion and harm reduction diversion program for

drug use and low-level possession of drugs; and


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e) Prohibit discriminatory and harmful drug-related interventions and

practices.

Sec. 4. Definition of Terms. - For purposes of this act:

Diversion refers to procedures that provide alternatives to criminal sanctions
or incarceration for people who are arrested for drug use or drug-related
offenses, particularly personal use and low-level possession of drugs and

paraphernalia.

Diversion measures refers to policies, programs and practices that aim to refer
people to social and health interventions such as harm reduction, rather than
subject them to arrest, detention, prosecution, judicial sentencing and

imprisonment.

Harm reduction refers to policies, programs and practices that aim primarily to
reduce the adverse health, social and economic consequences of the
problematic use of legal and illegal psychoactive drugs without focusing on

drug consumption alone.

Low-level possession refers to possession of small amount of drugs and drug

use-related paraphernalia intended for individual personal use.

Psychoactive drug or psychotropic substance means any substance, natural or
synthetic, or any natural material in Schedules |, II, III and IV of the

Convention on Psychotropic Substances, 1971

PART II

Creation of the National Center for Harm Reduction

Sec. 5, Establishment. - There is hereby established a National Center for
Harm Reduction, hereinafter referred to as the Center.


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The Center shall be an attached agency under the Department of Health
(DOH) and shall receive annual budgetary appropriations under the
department. It shall have its principal place of business in Metro Manila. It
shall be organized within two (2) months from the effectivity of this Act.

The Center shall plan and implement an integrated and comprehensive harm
reduction approach to drug-related issues in the Philippines. It shall be the
lead policy-making body of the government, which shall be tasked to design,
implement, coordinate, monitor and evaluate the programs and action plans
of the government in order to ensure the mainstreaming of harm reduction in

key government agencies.

The key government agencies shall include but not limited to Department of
Health, Department of Interior and Local Government (DILG), Department of
Education (DepEd), Department of Social Welfare and Development (DSWD),
Philippine Information Agency (PIA), Department of Budget and
Management (DBM), Philippine Health Insurance Corporation (PhilHealth),
Department of Justice (DOJ), Philippine National Police (PNP), Dangerous
Drugs Board and Philippine Drug Enforcement Agency (PDEA) and local

government units.

Sec. 6. Functions of the Center. The Center shall perform the following

functions:

a) Develop and design the National Harm Reduction Policy Framework
and Action Plan, in consultation with the Harm Reduction Inter-
Agency Council provided for in Part III of this Act, to ensure the
mainstreaming of harm reduction relevant key government agencies
and monitoring of their implementation;

b) Coordinate the activities of, strengthen working relationships, and

ensure an integrated approach among government agencies, civil


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society organizations, and the private sector involved in the
implementation of harm reduction programs;

°)

Oversee the implementation of harm reduction programs in the
identified localities;

d) Monitor and assess implementation of laws and policies on harm
reduction;

°)

Provide mechanisms of assistance, including funding support, to local

government units and civil society organizations in implementing

harm reduction programs;

£) Convene panels of advisors and technical experts as necessary to
ensure representation of all sectors in the development of policies,
programs, and plans for harm reduction;

g) To exercise such other powers and functions and perform such other

acts as may be necessary or proper for the attainment of the purposes

and objectives of this Act.

Sec. 7. Composition of the Center. - The Center shall be headed by a
Director to be appointed by the Secretary of Health, subject to qualifications
and eligibility requirements provided in this Act and in existing laws. The
Center shall be composed of staff as required for the full implementation of

the national harm reduction policy framework and action plan.

Sec. 8. Qualifications, Tenure, Compensation and Removal of the Director.
- The Director must be a Filipino citizen, resident of the Philippines, at least
thirty five (35) years of age at the time of appointment, with proven
experience on public health, of proven honesty and integrity, and must not
have been a candidate for any elective position in the elections preceding their
appointment. The Director shall be an expert in drug policy as proven by his
or her educational background, training and experience. The Director shall
serve during the period of appointment unless removed for cause or on other

grounds provided by law. The compensation shall be consistent with existing


salary standardization laws. The Director shall serve during the period of

appointment unless removed for cause or on other grounds provided by law.

Sec, 9. National Harm Reduction Policy Framework and Action Plan. The
Center shall, within six (6) months from the effectivity of this Act, formulate a
National Harm Reduction Policy Framework and Action Plan in consultation
with the Harm Reduction Inter-Agency Council. The Policy Framework and
Action Plan shall serve as the basis for harm reduction planning,
implementation, research and development, monitoring and evaluation, and

financing, in order to address drug-related issues in the country.

The Framework and Action Plan shall be reviewed every three (3) years, or as
may be deemed necessary. The review of the Policy Framework and Action

Plan shall involve a participatory and interactive process.
Sec. 10. Components of the National Harm Reduction Policy Framework
and Action Plan. - The Framework shall include, but not limited to, the

following components:

a)

National priorities in harm reduction;

b) Policy recommendations and policies;

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Compliance with international commitments and guidelines;

d) Research and development agenda on harm reduction;

©

Information management;

f)_ Information, education, and awareness programs for harm reduction;
g) Comprehensive advocacy and communication plan;

h) Monitoring and evaluation protocols;

i) Community mobilization strategies;

j) Harm reduction integration in key government agencies;

k) Human resource training;

1) Standards implementation of harm reduction programs.


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PART IIL
Establishment of a Harm Reduction Inter-Agency Council

Sec. 11, Establishment. - There is hereby established a Harm Reduction Inter-
Agency Council, hereinafter referred to as the Council.

Sec. 12. Composition. - All government agencies, which have significant roles
in mainstreaming harm reduction, shall comprise the Council and shall take
part in the development of the Harm Reduction Policy Framework and
Action Plan. The Council will also be composed of representatives from the
civil society and private sector as enumerated in the succeeding section. The
government agencies are also mandated to integrate specific harm reduction
in their policies and programs, and work together towards the
implementation of the Policy Framework and Action Plan. Particularly,:

a) The Department of Health (DOH) shall ensure that harm reduction
programs are provided by all health service providers and
incorporated in the health services provided in government
institutions.

b) The Department of the Interior and Local Government (DILG) shall
facilitate the development and provision of a capacity building
program for local government units in harm reduction.

©) The Department of Education (DepED) shall recognize harm reduction

as a key aspect of health and drugs awareness classes, which shall be
integrated into the primary and secondary education curricula. Public
and private schools shall devote at least four (4) hours of class time per
semester for harm reduction education and shall assign guidance
counsellors to provide harm reduction education in accordance with
standards for content and process for teaching as set by the Center.
DepEd shall ensure that the teachers, guidance counsellors, and
involved staff are properly trained to provide for harm reduction

awareness classes.


d) The Department of Social Welfare and Development (DSWD) shall
incorporate harm reduction in their social service packages;

e)

The Philippine Information Agency (PIA) shall disseminate
information on harm reduction in accordance with the Policy
Framework and Action Plan;

f) The Department of Budget and Management (DBM) shall undertake
the formulation of the annual national budget in a way that ensures the
appropriate prioritization and allocation of funds to support harm
reduction programs and projects in the annual program of
government;

The Philippine Health Insurance Corporation (Philhealth) shall
develop and fund programs targeted at harm reduction.

8)

h) The Department of Justice shall train prosecutors for the proper
implementation of diversion programs.

i) The Philippine National Police shall train its police force for the proper
implementation of diversion programs.

j) The Dangerous Drugs Board shall ensure that the national drug policy
incorporates harm reduction.

k)

The Philippine Drug Enforcement Agency shall train its agents for the

proper implementation of diversion programs.

Sec. 13. Role of the Civil Society Organizations and the Private Sector.
The civil society organizations (CSOs), as well as community-based
organizations (CBOs), play a key role in harm reduction and shall have seats
in the Council. CSOs and CBOs shall come from stakeholders for drug use -

related issues.

The private sector is encouraged to support harm reduction activities of CSOs
and CBOs and to contribute to promoting and implementing the national

strategy framework and plan.


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The CSOs and private sector shall have at least eight (8) seats and shall be
represented by the following groups:

a) Women’s organization
b) Youth organization

©) Human rights group

d) Drug policy think tank

e) Public health group

f) Organized drug users group
g) HIV/AIDS advocacy group
h) Mental health group

Other groups may be provided seats in the Council as determined by the

existing composition of the Council.

Sec. 14. Role of LGUs - The local government units shall be responsible for
the formulation, implementation, monitoring, and evaluation of the local
harm reduction plans in their respective jurisdiction, consistent with the

Policy Framework and Action Plan.

Barangays shall be directly involved with municipal and city governments in
identifying drug-related issues and in identifying and implementing harm
reduction programs. Provincial governments shall provide technical

assistance, in support of municipal and city plans.

Inter-local government unit collaboration shall be maximized in the conduct

of harm reduction activities.

The local chief executive shall appoint the Municipal, City Health Officer or
any proper health officer responsible for the formulation and implementation

of the local harm reduction plans. It shall be the responsibility of the national


government to extend technical and financial assistance to LGUs for the

accomplishment of their harm reduction plans.

Sec. 15. Coordination with Various Sectors. - In the development and
implementation of the Policy Framework and Action Plan, and the local
action plans, the Council shall consult and coordinate with the non-
government organizations (NGOs), civic organizations, academe, people's
organizations, the private and corporate sectors and other concerned

stakeholder groups.

PART IV

Diversion and Harm Reduction Programs

Sec. 16. Qualifications for Harm Reduction Program.
The following persons will not be arrested, prosecuted, or incarcerated as a
consequence of a drug-related activity alone, but will qualify for diversion to

a Harm Reduction Program:

a) Persons who personally use drugs;

b) Persons with low-level possession of drugs and drug paraphernalia
intended for personal use. Low-level possession includes any of the
following:

Possession of not more than the threshold amount per substance

as defined by the Food and Drug Authority (FDA), in

consultation with the Center and the Dangerous Drug Board.

ii, Possession of not more than 10-days worth of personal drug
supply based on the thresholds defined by the FDA, in
consultation with the Center and Dangerous Drug Board.;

c) Persons who are currently incarcerated for personal use or low-level

possession drugs and drug paraphernalia.

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Persons who have committed other acts or omissions currently penalized by
law but otherwise qualify for the harm reduction program will still be
provided harm reduction services without prejudice to arrest, prosecution, or

incarcerated for the commission of these other acts or omissions.

Persons currently incarcerated but qualify for diversion will be released from

custody and diverted to the harm reduction program.

Sec. 17. Procedure for Diversion.
The police officer, prosecutor, or any agent of the law who encounters any
person who qualifies for diversion under the previous section shall refer the
person to the Municipal or City Health Officer or properly designated health
officer within their local government unit. No information shall be filed

against the diverted person.

Any person who is deemed by the police officer, prosecutor, or any agent of
the law as having not qualified for diversion may appeal the same before the
Municipal or City or Provincial Prosecutor, or to the Secretary of the
Department of Justice.

Any person diverted will take part in an assessment procedure by the
Municipal or City Health Officer or properly designated health officer to

identify appropriate harm reduction strategies for the person diverted.

Sec. 18. Coverage of Harm Reduction Programs.
The selection of harm reduction strategies shall be based on strong evidence
of effectiveness as shown in scientific literature and in practice. The following,

and other similar procedures, shall be integral part of harm reduction:
a) Education and outreach. - Drug education campaigns using materials

developed to inform people involved with drugs of the risks associated
with drug use and methods to reduce those risks. This could include,

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b)

°)

d)

e)

but is not limited to, counselling, HIV and hepatitis C prevention
measures such as safe injecting techniques, overdose prevention, and
proper condom use. Outreach pertains to face-to-face contact with
people who use drugs in the communities they live in, and promote
harm reduction strategies in their communities, distribute condoms
and bleach kits, and other support to the communities based on
identified needs. The education campaigns shall include schools,
workplaces, public areas, and other places identified by the
community.

Referral to health and social services. - Access to medical and social
services in a comprehensive and non-judgmental manner, as
determined by the specific needs of each person involved with drugs.
Social services include support to improve the person’s quality of life,
such as employment and skills training, among others.

Peer support and mentorship program. - Establishing community-
based core groups composed of people involved with drug use with
the purpose of providing psychosocial support to people involved with
drugs.

Safe paraphernalia distribution programs. - Distributing sterile needle,
syringes and other safe paraphernalia and collection of used needles
and syringes.

Drug substitution treatment. - Provision of drugs as substitutes and/or
maintenance for substance dependents based on the recommendations
of the Food and Drug Authority.

Integrative Harm Reduction Psychotherapy. Provision of person-
centered psychosocial support and counselling based on the specific
needs of each person diverted.

Harm reduction strategies may be developed by the Center in consultation
with the Council based on the latest evidence and on researches done as

provided in this Act.

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Sec. 19. Community-Specific Harm Reduction Program
The Center, in coordination with LGUs, will establish community-specific
harm reduction program based on the specific needs of each community. The
Center shall oversee the different stages of the development of the harm
reduction program, which include the following:

a) Bringing Key Stakeholders Togethers. - Convening people involved
with drugs in the community and linking them with local officials to
identify preventable drug-related harm.

b)

Creating a Leadership and Organizational Structure. - Establishing a
core group involving the Municipal or City Health Officer, barangay
health workers, social workers, and representatives from the
community.

°)

Identifying Key Community Partners and Inventory of Local Services.
- Mapping the community resources and organizational partners
towards harm reduction.

d) Community Diagnosis and Needs Mapping. - Conducting a detailed
needs assessment to determine the gaps in harm reduction strategies.

e) Development of a Locally-Driven Harm Reduction Strategy. -
Developing a comprehensive plan based on the needs and resources of
the community.

f) Training of Human Resources and Implementation of Harm Reduction
Strategies. Rolling out of the locally-driven plans with constant
provision of technical support and funding assistance.

g) Monitoring and evaluation. - Conduct of studies to ensure that the

local plans are consistent with the Policy Framework and Action Plan

and improving services based on feedback.

Sec. 20. Treatment, Rehabilitation, and Reintegration.

Any diverted person assessed by the Municipal or City Health Officer or the
properly designated health officer, in meaningful consultation with the
person diverted, who needs further treatment and rehabilitation will be

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referred to appropriate hospitals or institutions for further care. The
Municipal or City Health Officer or the properly designated health officer,
will also ensure proper reintegration strategies for the person under treatment

or rehabilitation in compliance with standards set by the Center.

Sec. 21. Education and Information Awareness Campaign

In addition to locally-initiated education and campaign, the Center will
develop information, education, and communication materials aimed at
increasing awareness on harm reduction. The Center will utilize available
media and communication platforms, including, but not limited to, online

campaigns, print media, radio and television, among others.

Sec. 22. Research and Development
The Center will initiate research on harm reduction based on research agenda
developed under the Policy Framework and Action Plan. The research output
will form essential basis for developing and improving the Policy Framework
and Action Plan.

Sec. 23. Human Resource Training and Development

The Center will develop a human resource training and development system
to ensure that police, prosecutors, agents of the law, health officers, social
workers, teachers, and all other persons involved in any aspect of the
development and implementation of the Policy Framework and Action Plan

are fully capable of achieving the purpose of this Act.

PART V
Prohibited Acts

Sec. 24. Mandatory Drug Testing.
Mandatory drug testing in schools, workplaces, and other public or private
places are hereby prohibited, Section 36 and 38 of RA 9165 are hereby
repealed.

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Sec, 25. Involuntary Treatment and Compulsory Detention.
Unless otherwise determined by a competent court to be without legal
competence to provide for consent, any person will not be subject to

involuntary treatment and compulsory detention.

Sec. 26. Traumatic Physical and Psychological Intervention.
Any intervention which inflicts physical or psychological trauma to people
involved with drugs are prohibited, including, but not limited to, deprivation
of food and water, dosing of cold water, blindfolding, confinement in
enclosed spaces, verbal abuse, flogging, whipping, electroshock, involuntary
evangelization or participation in religious practices and similar violent and
harmful interventions.

The use of appropriate restraints as medically indicated shall be allowed.

Sec. 27. Non-Disclosure of Effects of Medications and Treatment
Physicians and medical practitioners are prohibited from not disclosing
relevant information regarding medication and treatment to people involved
with drugs which will assist the patient and his family to make informed

choices as regards medication and treatment plans.

Sec. 28. Denial of Health Services by Virtue of Health Status.

It is prohibited to deny any health service to a person involved with drugs by
virtue of his health status, including, but not limited to, HIV/ AIDS or
hepatitis C status and his past or present history of involvement with drug

use.

Sec. 29. Prohibition of Arrest of a Good Samaritan.
Any person who brings a person involved with drugs who needs urgent
medical attention shall not be arrested or prosecuted for any drug-use related
activity.

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Sec. 30. Penalties.

Any public officer who is guilty of committing any or the prohibited acts will
be administratively liable of suspension for six (6) months without pay for the
first time, suspension for 12 months without pay for the second time, and

removal from office for the third time.

Any physician or medical practitioner who is guilty of committing any of the
prohibited acts will be administratively liable of suspension of license to
practice for six (6) months for the first time, suspension of license to practice
for twelve (12) months for the second time, and revocation of license of the
third time.

The penalties provided for in this act is without prejudice to any other civil or

criminal liabilities that may be imposed by law.

PART VI

Miscellaneous Provisions

Sec. 31. Congressional Oversight Committee.

A Joint Congressional Oversight Committee (COC) is hereby constituted
which is mandated to review the implementation of this Act and the
performance and structure of the National Center and Council after two (2)
years from its creation. The COC shall be composed of five (5) members from
the Senate and five (5) members from the House of Representatives to be
appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The COC shall be jointly chaired by the
Chairpersons of the Senate Committee on Health and Demography and the

House of Representatives Committee on Health.

The Secretariat of the COC shall be drawn from the existing secretariat

personnel of the standing committees composing the Congressional

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Oversight Committee and its funding requirements shall be charged under
the appropriations of both the House of Representatives and the Senate of the
Philippines.

Sec. 32. Implementing Rules and Regulations.
Within (90) days from the approval of this Act, the Secretary of Health shall,
in consultation with the Council, promulgate the necessary rules and
regulations for the effective implementation of this Act. Failure to promulgate
the IRR shall not affect the implementation of the self-executory provisions of
this Act.

Sec. 33. Appropriations.

The initial funding necessary to carry out the provisions of this Act shall be
charged against the current appropriations of the Department of Health.
Thereafter, the amount necessary for the continued implementation of this
Act shalll be included in the General Appropriations Act.

Sec 34. Separability Clause.

If any provision or section of this Act is declared unconstitutional, the other
provisions and sections not affected thereby shall remain in full force and
effect.

Sec. 35. Repealing Clause.
All laws, presidential decrees, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended, or

modified accordingly.

Sec. 36. Effectivity.

This Act shall take effect fifteen (15) days after its publication in at least two
(2) national newspapers of general circulation

Approved,

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