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Republic of the Philippines
Honse of Representatines
Quezon City, Meteo Manila

Seventeenth Congress
First Regular Session

HOUSE BILL No, 5056

Introduced by Representative Karlo Alexei B, Nograles
And Representative Jericho Jonas B, Nograles

EXPLANATORY NOTE

Sight is one of our most prized senses. But the high incidence of vision
defects and abnormalities pose serious public health issues. The Department of
Health estimates that about two million Filipinos suffer from moderate to severe
visual impairment. According to the World Health Organization, the Philippines
is among the three countries in the Western Pacific that account for the most
incidence of blindness in the region. Visual impairment results in lost
employment opportunities, decreases productivity, impedes learning and
diminishes the general well-being of those who suffer from them.

This proposed measure seeks to address the need to strengthen vision care
in the country, It seeks to institutionalize a National Sight Strategy that provides
a comprehensive national plan of action to address the prevalence of vision
abnormalities and defects, including blindness. It sets out measures for the
appropriate deployment and use of resources, mandates the collection and
dissemination of data, and authorizes the use of public facilities to make vision
care services accessible to all.

The bill also aims to address the country’s vision care needs by
strengthening the optometric profession. Optometrists are on the front lines of
efforts to protect and enhance the vision health care system consistent with
Section 2 of Republic Act No. 8050, otherwise known as the “Revised
Optometry Law of 1995.”

But the profession is beset by many challenges. These threats include the
rampant illegal practice of optometry and the indirect practice of optometry.


These insidious forces pose a real risk to public health and safety as they
undermine the ability of optometrists to fulfill their mandate as primary vision
care providers. This bill seeks to address these challenges by protecting and
strengthening the optometric profession through the following:

1 Prohibiting the indir

{ practice optometry;
2. Increasing penalties for the illegal practice of optometry (quackery);

Allowing optometrists to use therapeutic pharmaceutical agents
and

(TPA

Enhancing optometrists’ stature as professionals by recognizing
their clinics and offices as extensions of their professional practice and therefore
exempt from the payment of business permits.

It is hoped that our lawmakers will be able to see clearly the merits of this
proposed legislation. Hence, approval of this bill is earnestly sought.

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JERICHO'JONAS B. NOGRALES KARLO ALEXEI B. NOGRALES


Republi ofthe Philippines
House of Representatines
Quezon City, Meteo Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 5056

Introduced by Representative Karlo Alexei B. Nograles
And Representative Jericho Jonas B, Nograles

AN ACT
ENHANCING THE DELIVERY OF VISION CARE THROUGH A
NATIONAL SIGHT STRATEGY AND STRENGTHENING THE
PROFESSION OF OPTOMETRY FOR THE PURPOSE

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

SECTION 1. Short Title. — This law shall be cited as the “Enhanced
Vision Care Act.”

SEC.2. Declaration of Policy. — \t is the policy of the State to
promote the physical well-being of the citizenry, including their vision health, as
a primary concern of the State. The role of vision care professionals, particularly
optometrists, in safeguarding and enhancing the vision health of Filipinos,
including preventing blindness, is recognized and shall be strengthened.

SEC. 3. National Sight Strategy. — The Department of Health, in
consultation with all stakeholders in the field of vision care, shall formulate a

National Sight Strategy which addresses the following:


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a) The formulation and implementation of a comprehensive national
strategy to address vision health issues including the prevention and treatment of
blindness and visual defects, deployment of personnel, allocation of public

resources, and public education to increase awareness of the importance of

protecting and improving vision health at all ages:

b) The undertaking of studies and consultation to formulate
recommendations on the inclusion of vision care services in national health
programs implemented by the Philippine Health Insurance Corporation; and

c) The collection, collation, organization and publication of data and
statistics on the incidence and prevalence of vision abnormalities such as
blindness, crrors of refraction and common eye diseases, and the causes of such
medical conditions,

As part of the National Sight Strategy, all national and local government
healthcare facilities such as hospitals, medical centers and clinics, shall be made
available for the establishment of eye care clinics or centers where eye care
professionals can provide ready access to quality vision care, especially to those

who could not otherwise afford them

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4. Prohibition Against the Indirect Practice of Optometry. ~ a)

No person, whether natural or juridical, shall engage, employ, hire, form a
partnership or corporation, or otherwise enter into a contract or arrangement

with an optometri

for the purpose of deriving financial and other benefit from

the practice of the profession of optometry, as defined by law.


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b) This prohibition shall not apply:

1) Where a patient-doctor relationship exists between an individual

and an optometrist;
2) When the optometrist is under the employ of the government or any

of its subdivisions, agencies and instrumentalities, and services the vision care

needs of its public employees;

3) When an optometrist forms a professional partnership with other
optometrists for the purpose of practicing optometry; and

4) When an organization works with optometrists in undertaking
charitable projects to provide vision care services to indigent patients.

SEC.5. Therapeutic Pharmaceutical Agents. — Optometrists who
have obtained their optometry degrees under a curriculum which contain the
requisite subjects, including pharmacology and pathology, as determined by the
Board of Optometry, shall be allowed to use therapeutic pharmaceutical agents
(TPAs): Provided, That the Board of Optometry shall implement guidelines for
the certification, after undergoing the appropriate training, of optometrists to use
or prescribe TPA's who would not otherwise be qualified by reason of not
possessing the above referred qualification: Provided, further, That optometrists
may only use or prescribe TPAs from a list approved by the Department of
Health in coordination with the Board of Optometry and the Bureau of Food and
Drugs.

SEC.6, Exemption from Payment of Business Taxes. — Clinics,



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refraction rooms, offices and other places where optometric services are carried

out and where ophthalmic products, accessories and implements are prescribed

and dispensed as defined by law, which are owned and managed by optometrists
are considered part of their practice and therefore not subject to the payment of
local business permits and licenses.

SEC. 7. Increased Penalties for Violation of Republic Act No. 8050.
— Any person found guilty of violating the prohibited acts enumerated under
Section 32 of Republic Act No. 8050, otherwise known as the “Revised
Optometry Law of 1995,” shall be punished with the penalty of imprisonment of
not less than one (1) year but not more than eight (8) years, or a fine not
exceeding Two million pesos (P2,000,000), or both, at the discretion of the
court.

SEC. 8. Penalties. —a) Any person, whether natural or juridical, who
abets, assists or facilitates the illegal or indirect practice of optometry as defined
under this Act, shall be guilty of the offense of illegally practicing optometry
and be with the penalty of imprisonment of not less than one (1) year but not
more than eight (8) years, or a fine not exceeding Two million pesos

(P2,000,000), or both, at the di

tion of the court,

In case of juridical entities, the directors, officers and other persons
responsible for such violation shall be held liable.

b) An optometrist who connives with other persons in committing the

prohibited acts enumerated under Section 32 of RA 8050 and the prohibited acts

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under this Act, shall likewise be punished with the penalty of imprisonment of
not less than one (1) year but not more than eight (8) years, or a fine not
exceeding Two million pesos (P2,000,000), or both, at the discretion of the
court.

SEC. 9. Repealing Clause. — Section 33 of Republic Act No. 8050 is
hereby amended accordingly. All other laws, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,