SIXTEENTH CONGRESS OF THE).
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

House of Representatives

House Bill No.__'759

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT
PROMOTING THE HEALTH OF STUDENTS ATTENDING PUBLIC ELEMENTARY AND
SECONDARY SCHOOLS

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

SECTION 4. Short Title. - This Act shall be known as the “Public School Health Act of

2013."

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State:

a) To recognize the vital role of the youth in nation-building, promote and protect their
physical, moral, spiritual, intellectual, and social well-being.

b) To recognize the right of the child to the enjoyment of the highest attainable standard
of health and to facilities for the treatment of illness and rehabilitation of health. It is the
duty of the State to ensure that no child is deprived of his or her right of access to such
health care services.

©) To prioritize the delivery of basic social services in health and nutrition to children.

SECTION 3. General Standards of a Public School Health Program. ~ All public

schools nationwide, both elementary and secondary, are hereby required to duly implement their
respective school health programs, in accordance with the following general standards:

a. Designation of a Physician-in-Charge and a Nurse-in-Charge

b. Creation of a School Health Committee;

c. Compliance with the school health program components, as follows:

c.1. Health Education

c.2. Health Assessments & Screenings
©.3. Preventive & Curative Health Services
4. Dental Health Services

c.5. Nutrition Services

¢.6. School Personnel Health Promotion

d. Maintenance of a Healthful School Environment

e. Monitoring and Evaluation System

SECTION 4. Designation of School Physicians and School Nurses. - There shall be

appointed School Physician(s) and School Nurse(s) for each schools district. The schools division
superintendents, through the schools district supervisors, shall coordinate with the city/municipal
government and/or the Department of Health (DoH) district offices as to who can be appointed as
School Physicians and School Nurses.


They shall be assigned in a public school or a cluster of schools under the jurisdiction of
the respective districts. Depending on the number of schools to be served, two (2) or more
physicians and/or nurses may be appointed for a particular schools district. The schools division
superintendents, in coordination with the schools district supervisors, shall provide such physician
and nurse with adequate facilities to conduct health examinations of individual pupil/student and
to discharge such other as may prescribed.

SECTION 5. Duties of School Physicians. - The designated physicians, acting as
visiting doctors to each of public schools in the district where they are assigned, shall have the
following duties:

(a) Establish a regular schedule of visits to the school;

(b) Make a prompt examination of all pupils/students referred to them by the school nurse,
school head, or teacher, and shalll interpret to such nurse, school head, or teacher, and to
the parents of each such pupil/student, such medical findings, with recommendations as to
how the pupil/student should be cared for and what provisions, if any, should be made at
the school for the care and welfare of such pupil/student;

(c) Make examinations of teachers, staff, and other personnel in the school when requested
to do so by the schools division superintendents or by the schools district supervisors, or
when, in such physician's opinion, such examinations are necessary;

(d) Make such sanitary inspection of school buildings as, in such physician's opinion, is
necessary for the protection of the health of pupils.

(e) Take steps to preserve and improve the health of pupils/students in accordance with the
statutes and rules and regulations by the Secretary of the Department of Health or the
sanitary ordinances in force in such town or city.

SECTION 6. Duties of School Nurses. — The designated school nurses, acting as visiting
nurses to each public school in the district where they are assigned, shalll assist in executing the
orders of the school physicians, visit the homes of concerned pupils/students when deemed
necessary, and perform such other duties as may be required.

SECTION 7. Creation of School Health Committee. — There shall be established School
Health Committees in respective public elementary and secondary schools composed of the
School Head as Chairman, the School Physician as Co-Chairman, with the Members, as follows:
School Nurse, Other School Health Support Personnel, the Guidance Counselor, the Health
Education Teachers, the Parents-Teachers Association (PTA) President, and the President of the
Supreme Pupil/Student Government.

The School Health Committee shall perform such oversight functions for the proper and
effective implementation of the school health program.

SECTION 8. Health Education. — There shall be an organized and planned health
education integrated in the curriculum or instructions of public schools. A continuing program for
health education teaching shall be implemented by the school among its academic and non-
academic personnel,

The School Heads are hereby required to ensure that adequate provision of resource
learning materials on health are made available in the library, and that health promotion materials
such as posters and advisories are made visible in all the strategic areas and conspicuous

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portions of the schools.


SECTION 9. Health Assessments and Screenings. — Each of the schools division
superintendents, through the schools district supervisors, shall require each pupil/student enrolled
in the public schools to have health assessments and screenings pursuant to the provisions of
this Section

Such health requirements may include: 1) a physical examination which shall include
height, weight, blood pressure, hematocrit or hemoglobin tests, and chronic disease assessment;
2) vision, hearing, speech, and gross dental screenings; and 3) such other information, including
health and developmental history, as the physician feels is necessary and appropriate.

The health assessments shall be conducted by the school physician and/or the school
nurse, to ascertain whether such pupil/student is suffering from any physical disability tending to
prevent such pupil/student from receiving the full benefit of school work and to ascertain whether
such school work should be modified in order to prevent injury to the pupil/student or to secure for
him/her a suitable program of education.

Under the supervision of the school physician and/or the school nurse, the vision,
audiometric, and postural screenings may be conducted by the authorized health personnel, to
find out whether such pupil/student has a particular impairment, defects or problems in seeing,
hearing, or posture.

No health assessment or screening shall be made of any child enrolled in the public
schools unless such examination is made in the presence of the parent or guardian or in the
presence of another school employee. The parent or guardian of such child shall receive prior
written notice and shall have a reasonable opportunity to be present at such assessment or to
provide for such assessment himself/herself.

Provided, that no provision of this Act shall be construed to require any pupil/student to
undergo a physical or medical examination or treatment, or to be compelled to receive medical
instruction, if the parent or legal guardian of such pupil/student or if such pupil/student who is an
‘emancipated minor or is eighteen years of age or older, in writing, notifies the teacher or school
head or other person in charge of such pupil/student that his/her parent or guardian objects, on
religious grounds, to such physical or medical examination or treatment or medical instruction.

The school physician and/or school nurse shall review the results of each assessment and
screening. When, in their judgment, a pupi/student is in need of further testing or treatment, the
schools division superintendent through the schools district supervisor shall give written notice to
the parent or guardian of such pupil/student and shall make reasonable efforts to assure that
such further testing or treatment is provided. Such reasonable efforts shall include a
determination of whether or not the parent or guardian has obtained the necessary testing or
treatment for the pupil/student, and, if not, advising the parent or guardian on how such testing or
treatment may he obtained.

The results and the reviews of each assessment and screening done shall be recorded in
forms prescribed by the Secretary of Health. Such information shall be included in the cumulative
health record of each child and shall be kept on file in the school where such child attends, The
physician, nurse, and other school health personnel assisting in the performance of such health
assessments and screenings, and the corresponding reviews of the results thereof shall
completely fill out and sign each form and other accompanying documents.

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if a pupil/student permanently leaves the school, his/her original cumulative health record
shall be sent to the school to which such he/she moves. The school transmitting such health
record shalll retain a true copy.

SECTION 10. Preventive and Curative Health Services. — The health program of a
public school shall comprise services on preventive health such as physical activities and
required immunizations, and on curative health such as administration of medications and drugs,
subject to the following provisions:

a) Subject to the guidelines for addressing the physical health needs of pupils/students in a
comprehensive manner that coordinates services, issued by the Department of Education
in consultation with its division and regional offices, the school health program shall
formulate and implement plans for engaging pupils/students in daily physical exercise
during regular school hours and strategies for engaging them in daily physical exercise
before and after regular school hours in coordination with the parks and recreation offices
of local governments. Provided, that the School Head concerned shall honor written notice
submitted by a licensed practitioner who places physical restrictions upon any
pupil/student enrolled in the public school.

b) The schools division superintendents shall require each child to be protected by adequate
immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps,
rubella, hemophilus influenza type B, and any other vaccine pursuant to guidelines
established by the Secretary of Education, in consultation with the Secretary of Health,
before being permitted to enroll in any program operated by a public school under its
jurisdiction. Any such child who (1) presents a certificate from a physician or government
health clinic or hospital stating that initial immunizations have been given to such child and
additional immunizations are in process under the said guidelines and schedules specified
by the Secretary of Education; or (2) presents a certificate from a physician stating that in
the opinion of such physician, such immunization is medically contraindicated because of
the physical condition of such child; or (3) presents a statement from the parents or
guardian of such child that such immunization would be contrary Io the religious beliefs of
such child; or (4) in the case of measles, mumps, or rubella, presents a certificate from a
physician or from the health center in such child's present or previous town of residence,
stating that the child has had a confirmed case of such disease; or (5) in the case of
hemophilus influenza type B has passed his or her fifth birthday; or (6) in the case of
pertussis, has passed his or her sixth birthday, shall be exempt from the appropriate
provisions of this Section. The expenses of the immunizations shall be shouldered by the
Department of Education from funds to be appropriated for the purpose. Provided, that no
government health clinic or hospital or public official who causes an immunization required
by law to be administered shall be liable for civil damages resulting from an adverse
reaction to a non-defective vaccine.


©) The school nurse, any qualified school health personnel or any authorized school
Personnel may administer medicinal preparations to any pupil/student at such school
pursuant to the written order of the school physician and the written authorization of the
Parent or guardian. Provided, that the administration of medicinal preparations by a school
head, teacher, or coach in case of athlete-students shall be under the general supervision
of a school nurse. Provided, further, that no such school nurse, authorized school health
Personnel, school head, teacher, or coach shall be liable to such student or a parent or
guardian of such student for civil damages for any personal injuries that result from acts or
omissions of such school nurse, authorized school health personnel, principal, teacher, or
coach in administering such preparations that may constitute ordinary negligence. This
immunity does not apply to acts or omissions constituting gross, willful, or wanton
negligence.

d) Each school wherein any controlled drug is administered under the provisions of this

section shall keep such records thereof as are required of hospitals and shall store such
drug in such manner as the statutes, rules, or regulations shall require.

) Nothing in this section shall be construed to prohibit the administering of medications by

parents or guardians to their own children on school grounds.

1) For purposes of this Section, “psychotropic drugs” means prescription medications for
behavioral or social-emotional concems, such as attention-deficits, impulsivity, anxiety,
depression, and thought disorders, and includes, but is not limited to, stimulant medication
and anti-depressants. The Department of Education, in consultation with its regional and
division offices shall adopt and implement policies prohibiting any school personnel from
recommending the use of psychotropic drugs for any child.

SECTION 11. First-Aid and Emergency Facilities. - Each public school is required to
maintain the necessary provisions and facilities that can be readily applied, administered, and
utilized in any first-aid and emergency cases.

SECTION 12. Dental Health Services. — The dental health services shall form part of the
core components of a public school health program. Such services shall be made available to the
children and all school personnel under the supervision of a Dentist-in-Charge. The schools
division superintendents, through the schools district supervisors, shall coordinate with the
cityimunicipal government and/or the Department of Health (DoH) district offices on the
designation of dentists to respective public schools.

They shall be assigned as the Dentist in charge of a school or a cluster of schools under
the jurisdiction of the respective districts. Depending on the number of schools to be served, two
(2) or more dentists may be appointed for a particular schools district. The schools division
superintendents, in coordination with the schools district supervisors, shall provide such dentist-
in-charge with adequate facilities to conduct dental and oral health examinations of individual
pupils/students, and to discharge such other as may prescribed.

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SECTION 13. Duties of School Dentists — The designated school dentists to particular

public schools, shall have the following duties:
a) Establish a regular schedule of visits to the school and/or conduct of clinical acti

b) Make a prompt dental examination of all pupils/students referred to them by the school

ies;

nurse, teacher, or principal, undertaking immediate dental and oral health procedures or
interventions to concerned pupils/students, with recommendations as to what other
provisions, if any, should be made at the school and at homes for the care and welfare of
such pupils/students;

c) Make examinations of teachers, and other personnel in the school when requested to do

so or when consulted by such teachers and other school personnel undertaking immediate
dental and oral health procedures or interventions to concerned personnel, with
recommendations as to what other provisions, if any, should be made at the school and at
homes for the dental and oral care of such personnel;

d) Hold regular consultations with the pupils/students, and all school personnel including

dental education and counseling;
Administer basic dental and oral health procedures, particularly: oral prophylaxis,
temporary filling, dental extractions except surgery, treatment of minor mouth lesions,

8)

wounds and burns, and routine gum treatment.
f) Attend to cases of emergency care treatment in the schools;

g) Take steps to preserve and improve the school health program component relating to oral

and dental health and wellness of pupils/students as well the teachers and other school

personnel;

SECTION 14. Feeding Programs for Public School Children. — The provincial, city, or
municipal school boards are hereby required to set an allocation from the Special Education Fund
for the implementation of Feeding Programs for children attending all the public schools under
their respective jurisdiction. Expenditures for such feeding programs may be fixed by such boards
and shall not exceed the cost of food, wages, and other expenses directly incurred in providing
such services. Such board is authorized to purchase the necessary equipment and supplies, to
employ the necessary personnel, to utilize the services of volunteers, and to receive and expend
any funds, equipment, and supplies which may become available to carry out the provisions of
this section.

The provincial, city, or municipal school board is authorized to expend in each fiscal year
funds to implement the feeding programs pursuant to this section.

SECTION 15. Participation of Non-Government Organizations (NGOs), Private
‘Schools and other Private Entities in Feeding Programs. — The School Health Committee of a
public school shall explore the participation of non-government organizations (NGOs), private
schools and other private entities in the implementations of the school's feeding programs.

SECTION 16. Incentives to Private Sector Participation. — Partnership between the
government and private sector in support of local education initiatives shall be encouraged. The
costs on the part of partner private entities shall be considered as allowable deduction from the
gross income in the computation of their income tax, in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended

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SECTION 17. Nutrition and Sanitation Standards for Foods. - The School Health
Committee shall certify lo the schools division superintendent through the schools district
supervisor all food items made available for sale to students in schools meet the nutrition and
sanitation standards as prescribed by the Secretary of the Department of Education in
consultation with the Secretary of the Department of Health. Such certification shall cover foods
offered for sale to students at all times, and from alll sources, including, but not limited to, schoo!
stores, vending machines, school cafeterias, and any activity on school premises, whether or not
school sponsored.

SECTION 18. Schoo! Personnel Health Promotion. — The health of all personnel of the
school, both academic and non-academic, shall likewise be promoted under the school health
program. The School Heads, in consultation with the School Health Committee, shall develop as
well a health program for the personnel pertaining, but not limited, to annual physical and medical
examinations, disease prevention, provisions of medicines, and healthy work place. All the
health-related benefits and privileges provided to school personnel under the existing laws,
orders, ordinances, and the likes, shalll be duly rendered.

SECTION 19. Maintenance of a Healthful School Environment. - All public elementary
and secondary schools shall maintain healthful school environment, that shall account, but not
limited, to a clean and safe school surroundings, safe water provisions, well-maintained sanitary
facilities such as hand-washing areas and toilets.

Safety measures against hazards shalll also be provided in all areas of the schools where
learning activities, both curricular and non-curricular, take place such as laboratories, shops, and
school grounds.

SECTION 20. Monitoring and Evaluation of a Schoo! Health Program. - The DepEd
Secretary, in consultation with the regional and division offices shall come up with the guidelines
in monitoring and evaluating the public school health programs, covering all aspects of program
formulation and implementation, at the school, district, division, regional, and national levels.

SECTION 21. Annual Report on Pupils’ Health Insurance. - Each schools division
superintendent shall require each pupil/student enrolled in public schools under his/her
jurisdiction coverage of health insurance. An annual report shall be made to reflect the list of
pupils/students in public schools with health insurance. The Insurance Commissioner shall
provide information on government-sponsored health insurance programs for children, including
application assistance for such programs. Each schools division superintendent shall provide
such information to the parent or guardian of each pupil/student identified as uninsured.

SECTION 22. Appropriations. — The President is hereby authorized to realign or transfer
any item of appropriation within the Department of Education, and/or utilize any savings therein to
carry out the purposes of this Act. Whatever additional amount as may be needed for its
implementation shall be included in the General Appropriations Acts for the ensuing fiscal years.
A portion of the annual supplementary budget provided by the Local School Boards shall also be
allocated for purposes of this Act.

SECTION 23. Rules and Regulations. -The Secretary of the Department of Education in
consultation with the Secretary of the Department of Health shall promulgate the implementing
rules and regulations of this Act within ninety (90) days afer its approval.

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SECTION 24. Separability Clause. - If for any reason, any portion or provision of this Act
shall be declared unconstitutional, other parts or provisions hereof which are not affected thereby

shall continue to be in full force and effect.
SECTION 25. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed

or modified accordingly.
SECTION 26. Effectivity Clause. - This Act shall take effect fifteen (15) days following its

publication in at least two (2) newspapers of general circulation.

Approved,


©) The school nurse, any qualified school health personnel or any authorized school
personnel may administer medicinal preparations to any pupil/student at such school
pursuant to the written order of the school physician and the written authorization of the
parent or guardian. Provided, that the administration of medicinal preparations by a school
head, teacher, or coach in case of athlete-students shall be under the general supervision
of a school nurse. Provided, further, that no such school nurse, authorized school health
personnel, school head, teacher, or coach shall be liable to such student or a parent or
guardian of such student for civil damages for any personal injuries that result from acts or
omissions of such school nurse, authorized school health personnel, principal, teacher, or
coach in administering such preparations that may constitute ordinary negligence. This
immunity does not apply to acts or omissions constituting gross, willful, or wanton
negligence.

Each school wherein any controlled drug is administered under the provisions of this
section shall keep such records thereof as are required of hospitals and shall store such

d)

drug in such manner as the statutes, rules, or regulations shall require.

Nothing in this section shall be construed to prohibit the administering of medications by

parents or guardians to their own children on school grounds.

f) For purposes of this Section, “psychotropic drugs” means prescription medications for
behavioral or social-emotional concems, such as attention-deficits, impulsivity, anxiety,

e)

depression, and thought disorders, and includes, but is not limited to, stimulant medication

and anti-depressants. The Department of Education, in consultation with its regional and

division offices shall adopt and implement policies prohibiting any school personnel from

recommending the use of psychotropic drugs for any child.

SECTION 11. First-Aid and Emergency Facilities. — Each public school is required to
maintain the necessary provisions and facilities that can be readily applied, administered, and

utilized in any first-aid and emergency cases.

SECTION 12. Dental Health Services. — The dental health services shall form part of the
core components of a public school health program. Such services shall be made available to the
children and all school personnel under the supervision of a Dentist-in-Charge. The schools
division superintendents, through the schools district supervisors, shall coordinate with the
city/municipal government and/or the Department of Health (DoH) district offices on the
designation of dentists to respective public schools.

They shall be assigned as the Dentist in charge of a school or a cluster of schools under
the jurisdiction of the respective districts. Depending on the number of schools to be served, two
(2) or more dentists may be appointed for a particular schools district. The schools division
superintendents, in coordination with the schools district supervisors, shall provide such dentist-
in-charge with adequate facilities to conduct dental and oral health examinations of individual
pupils/students, and to discharge such other as may prescribed.

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