Republic of the Philippines
House of Representatives
Quezon City, Aletro Aix

EIGHTEENTH CONGRESS
First Regular Session

7014

House Bill No.

INTRODUCED BY
REP. ALFRED VARGAS ,

AN ACT
ESTABLISHING A PANDEMIC AND OTHER PUBLIC HEALTH
EMERGENCY PREPAREDNESS PLAN AND APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘The COVID-19 pandemic has already infected more than four million
people all around the globe1. While some countries are taking bold steps to
address the situation, many developing countries, like the Philippines,
remain in need of stronger development plans, preparedness strategies, and
initiatives to control this public health crisis.

The world was taken by surprise -despite some warnings from
scientists and medical experts- by the emergence of a pandemic similar to
the Spanish flu in 1918, severe acute respiratory syndrome (SARS) in 2002,
and the H1N1 swine flu in 2009-2010.

To mitigate further damage caused by a pandemic or any similar
public health crisis in the future, we need to establish a better emergency
preparedness plan that strengthens the capacity of our health care system
and health care workers, empowers citizens and local and national leaders
to propose and act on immediate and urgent solutions, and maintains
essential services to reduce possible adverse effects in the economy and
society at large. We need to incorporate health-based solutions and
scientifically-sound research to enact policies and proposals which deal with

! World Health Organization. 2020. “Coronavirus disease (COVID-19) pandemic”
https://www.who.int/emergencies/diseases/novel-coronavirus-2019 (Accessed 17 May 2020)



pandemics and other public health emergencies more effectively and
efficiently.

This bill seeks to provide an institutionalized framework in dealing
with pandemics and other public health emergencies by establishing the
Pandemic Emergency Council and a National Emergency Preparedness Plan.
It puts a premium on providing public health solutions which help
communities cope and be resilient in combating a public health emergency.
‘This ensures that the Philippines will be better equipped in managing any
future public health crisis.

In view of the foregoing, the immediate passage of this bill is earnestly
sought


Republic af the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 7014

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
ESTABLISHING A PANDEMIC AND OTHER PUBLIC HEALTH
EMERGENCY PREPAREDNESS PLAN AND APPROPRIATING FUNDS
‘THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Pandemic and
Other Public Health Emergency Preparedness Act.”

SECTION 2. Declaration of Policy. - The State shall endeavor to efficiently
and immediately address all potential and actual public health emergencies
for the promotion of the general welfare of the people.

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

SECTION 3. Definition of Terms. - As used in this Act:


(a) Frontline Worker refers to any worker who performs any task essential
to keep vital services in motion during a public health emergency
despite great risk to themselves and their families. These are persons
who work in public or private establishments providing essential
services, including but not limited to food, water, banking and
financial services, utilities, medicine, security, maintenance and
sanitation, as well as any person providing services under
circumstances that increase risk of exposure to infectious diseases,
including administrative, security, maintenance, and support staff of
health and quarantine facilities;

(b) Health Care Facility refers to any institution, building, agency, or
portion thereof that is used, operated, or designed to provide health
services, medical treatment, or nursing, rehabilitative, or preventive
care to any person or persons;

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

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

(e) Pandemic refers to an epidemic occurring worldwide, or over every
wide area, crossing international boundaries, affecting a large number
of people;

(0 Public Health Emergency refers to an occurrence or imminent threat of
an illness or health condition, caused by bio-terrorism, epidemic or
pandemic disease or a novel and highly fatal infectious agent or
biological toxin, that poses a substantial risk of a significant number
of human facilities or incident or permanent or long-term disability;

() Quarantine refers to separation and restriction of movement of
persons who are exposed or suspected be infected to protect the
public from disease;

(h) Social distancing, also called physical distancing, refers to maintaining
a distance of at least two (2) meters between and among persons in a
public space. It also refers to a prohibition of mass gatherings of fifty
(50) persons or more and avoidance of crowded places;


CHAPTER II
THE PANDEMIC AND OTHER HEALTH EMERGENCY COUNCIL

SECTION 4. Pandemic Emergency Council. - The Pandemic and Other
Health Emergency Council, hereinafter referred to as The Council’ is hereby
established composed of the following: the Secretary of Health as ex-officio
Chairperson of the Council; with the Secretaries of the Department of
Interior and Local Government; Labor and Employment; Foreign Affairs;
Justice; Tourism; Transportation; Trade and Industry; Agriculture; and
Budget and Management; Secretary of the National Economic and
Development Authority (NEDA); Administrator of the Philippine Overseas
Employment Association (POEA), President of the Philippine Health
Insurance Corporation (PhilHealth) as ex-officio members, and three (3)
representatives from the private, urban poor, and health sectors.

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

The Council shall recommend to the President of the Republic of the
Philippines the declaration of a public health emergency in accordance with
medical guidelines and protocols.

SECTION 5. Creation of the National Pandemic and Other Public
Health Emergency Plan. ~ The Council shall create a National Pandemic
and Other Public Health Emergency Plan. This strategy shall provide for
integrated policy coordination and strategic direction with respect to all
matters related to national public health and medical preparedness and
execution and deployment of national response, guidelines and protocols
before, during, and following a pandemic, epidemic, or public health
emergency.

SECTION 6. Components of a National Pandemic and Other Public
Health Emergency Plan. - The National Pandemic and Other Public Health
Emergency Plan shall include:

(a) Provision for increasing the preparedness, response capabilities, and
surge capacity of ambulatory care facilities, dental health facilities,
and critical care service systems;

(b) Plans for optimizing a coordinated and flexible approach to the
medical surge capacity of hospitals, other health care facilities, critical
care, and trauma care and emergency medical systems;


(0) Provisions taking into account the unique and crucial needs of
marginalized groups, such as persons with disabilities, urban poor,
women and children, during a pandemic or public health emergency.

(d) Strategic initiatives to advance counter-measures to diagnose,
mitigate, prevent, or treat harm from any biological agent or toxin or
any chemical, radiological or nuclear agent or agents, whether
naturally occurring, unintentional, or deliberate;

(c) The conduct of periodic evaluation of national and local preparedness
and response capabilities which shall include drills and exercises to
ensure medical surge capacity for events without notice.

SECTION 7. Health Care Facilities and Services. - The Council, in
coordination with local government units (LGUs) and concerned government
agencies, shall set up adequate health care facilities, testing offices and
laboratories, quarantine sites and isolation centers which shall undertake
pandemic prevention and preparedness services and activities, and shall
respond to any public health emergency

SECTION 8. Isolation and Quarantine of Individuals or Groups. - The
Council may, in cooperation with the concerned local chief executive,
authorize the lockdown, isolation, or quarantine of individuals or groups of
individuals during a public health emergency, in accordance with existing
rules and regulations.

The Council may restrict the movement of persons in and out of the initially
affected area. If evidence indicates amplified transmission or dispersion of
the infection into the wider community, the Council shall be authorized to
adopt social distancing measures, including, but not limited to, the closure
of schools and malls and other public areas or cancellation of mass
gatherings.

SECTION 9. Privately-owned Health Care Facilities. - The Council may
require privately owned health care facilities to provide services of their
facilities in the event of a pandemic or public health emergency if
government institutions are unable to cope with the public health
emergency.

SECTION 10. Control of Pharmaceutical Agents and Medical Supplies.
- The Council shall purchase, store, or distribute sufficient quantities of
anti-viral agents for influenza and other highly communicable diseases,
anti-toxins, serums, vaccines, and other pharmaceutical agents or medical


supplies that it considers advisable in the interest of preparing for or
addressing and controlling a pandemic or any public health emergency.

In the event of a pandemic or public health emergency, the Department of
Health may control, restrict, and regulate the use and rationing of the
pharmaceutical products vital to the treatment or management of the
pandemic or public health emergency.

SECTION 11. Monitoring Program. - The Council shall establish a
comprehensive pandemic or public health emergency monitoring program to
determine and monitor the presence, magnitude, and progression of any
infection or a new strain thereof in the Philippines, and for the purpose of
evaluating the adequacy and efficacy of the preparations and
countermeasures being employed.

SECTION 12. Reporting Procedures. - All hospitals, clinics, laboratories,
and testing centers for any infection or a new strain thereof shall adopt
measures in assuring the reporting and maintaining the confidentiality of
any medical records, personal data, and other files. The Council, through its
monitoring programs, shall receive, collate, and evaluate all related medical
reports. The Council monitoring database shall utilize a coding system that
promotes anonymity.

CHAPTER III
PROTECTION OF HEALTH CARE AND FRONTLINE WORKERS

SECTION 13. Vaccination of Health Care Workers. - Health care workers
involved in the care of patients shall be vaccinated with the most recent
seasonal human influenza vaccine and other appropriate vaccines as may be
determined necessary by the Council.

SECTION 14. Wearing of Surgical Masks and Personal Protective
Equipment (PPE). — For their protection, health care workers and first
responders shall be provided with N95 respiratory masks and well-fitting
surgical masks and Personal Protective Equipment. Patients shall likewise
be required to wear surgical masks.

SECTION 15. Surveillance and Monitoring of Health Care and
Frontline Workers. - Health care workers shall be vigilant with regard to
the development of fever, respiratory ailments, and/or other symptoms after
exposure to infected patients. Health care workers who become ill should
seek medical care and should be quarantined for at least fourteen (14) days
or in accordance with existing protocols unless an alternative diagnosis is
established or diagnostic tests are negative for the strain subject of the
pandemic or public health emergency


SECTION 16. Hazard Pay for Health Care and Frontline Workers. — In
addition to existing benefits provided for by law, health care and frontline
workers who render actual service during a pandemic or public health
emergency shall be given hazard pay to be determined by the Council.

SECTION 17. Task Force on Public Health Emergencies. - A task force
under the leadership of the Secretary of Health shall be established in order
to conduct research necessary for the creation of the National Pandemic and
Other Public Health Emergency Plan. The Task Force shall be composed of
representatives from:

(a) The Department of Health;

(b) The National Disaster Risk Reduction and Management Council
(NDRRMC);

(c) The Department of Interior and Local Government;

(d) The National Security Adviser;

(c) The Philippine Red Cross; and

() The University of the Philippines National Institute of Health.

SECTION 18. Functions of the Task Force on Public Health
Emergencies. - The Task Force shall:

(a) Monitor emerging issues and concerns as they relate to medical and
public health preparedness and response for at-risk individuals and
populations in the event of a public health emergency;

(b) Identify and minimize gaps, duplication and other inefficiencies in
medical and public health preparedness and response activities and
the actions necessary to overcome these obstacles;

(©) Disseminate and update novel and best practices of outreach to and
care of at-risk individuals before, during, and following public health
emergencies in as timely a manner as is practicable, including from
the time a public health threat is identified; and

(d) Ensure that public health and medical information distributed by the
government during a public health emergency is delivered in a
manner that considers the range of communication needs of the
intended recipients, including at-risk individuals.


SECTION 19. Creation of Medical Reserve Corps. - The Secretary of
Health shall establish a medical reserve corps composed of volunteer health
professionals. The Medical Reserve Corps shall be called into duty if needed
during public health emergencies.

CHAPTER IV
PREVENTION AND SUPPRESSION MEASURES WITHIN THE
TERRITORY

SECTION 20. Duty of Heads of Families, Persons-in-Charge of Places. —
Where a person living in a building used for human habitation is suffering
from infection, the head of the family or the relatives shall immediately send
notice of the infectious disease to the nearest city or municipal health office.

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

SECTION 21. Duty of the Medical Practitioners and other Health Care
Providers. - Every medical practitioner who attends to a patient suffering
from the infectious disease shall send to the nearest city or municipal health
office a report stating the name of the patient and the situation of the
building.

Any medical practitioner who becomes aware, by post-mortem or other
means, that any person had died of an infectious disease shall immediately
submit to the nearest city or municipal health office a certification of death
by such disease and inform the head of the household, person in charge of
school, orphanage, hotel, and so on, of the infectious nature of the disease
and the precautions to be taken to prevent its conveyance to others.

SECTION 22. Duty of the City or Municipal Health Officers. - If a city or
municipal health officer is of the opinion that the cleansing and disinfecting
of any building or any part of the building, and any articles in the building
which are likely to retain infection or would tend to prevent or check
infectious diseases, is necessary to maintain the health and safety of its
occupants, it shall be his or her duty to give notice in writing to the owner or
occupant of the building specifying the steps to be taken to cleanse and
disinfect the building and articles within a specified time.

CHAPTER V
PROTECTION OF OVERSEAS WORKERS


SECTION 23. Medical Examination and Treatment of Overseas
Workers. - The Overseas Workers Welfare Administration (OWWA), in
coordination with the Philippine Health Insurance Corporation (PhilHealth),
the Department of Foreign Affairs (DFA), and The Council, shall undertake
the medical examination and treatment of returning overseas workers in
cases of a pandemic or similar event locally or abroad. All costs attendant to
the medical examination and treatment of returning overseas workers shall
be borne by the PhilHealth.

SECTION 24. Creation of Emergency Fund. - An emergency fund is
hereby created and established for the medical examination and treatment
of overseas workers under the administration, control, and supervision of
the PhilHealth initially to consist of Fifty Million Pesos (P50,000,000.00)
which shall be taken from the existing fund in trust by the PhilHealth for
the benefit of overseas workers.

SECTION 25. Authority of OWWA. - The functions and responsibilities of
OWWA shall include the following

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

(b) The forging of agreements with the POEA, the DOH, the DFA, the
PhilHealth, and other appropriate international organizations in
connection with the purpose of this Act.

CHAPTER VI
OTHER PROVISIONS

SECTION 26. Penalties. -

(a) Penalty for Individuals who Refuse or Violate Isolation, Quarantine,
Testing, Vaccination under Section 8 of this Act. - Any person who
refuses treatment, testing, examination for diagnosis or treatment or
isolation and quarantine in accordance with existing laws, rules, and
regulations to the detriment of the general public shall suffer the
penalty of imprisonment of not less than three (3) months but not
more than six (6) months or a fine of not more than One Hundred
Thousand Pesos (P100,000.00) or both upon the discretion of the
Court;


(b) Penalty for Refusal to Provide Health Services under Section 9 of this
Act. - The owner, manager, or administrator of a private health care
facility who refuses to give services or allow the use of its facility
during a pandemic or public health emergency shall suffer the penalty
of imprisonment of not more than one (1) year or a fine of not more
than Two Hundred Thousand Pesos (P200,000.00) or both upon the
discretion of the Court;

(0) Penalty for Breach of Duty under Section 20, 21, and 22 of this Act. ~
All persons whose duty it is to inform the nearest city or municipal
health office of the possibility of the existence of an infectious disease
and fail or neglect to inform the same shall be sentenced to
imprisonment of not more than six (6) months or a fine of not more
than One Hundred Thousand Pesos (P100,000.00), or both upon the
discretion of the Court.

SECTION 27. Authorization of Appropriations. - To carry out the
provisions of this Act, an initial fund of One Billion Pesos
(P1,000,000,000.00) shall be appropriated and such sums as may be
necessary for the succeeding fiscal year.

SECTION 28. Implementing Rules and Regulations. - Within thirty (30)
days from promulgation of this Act, the DOH, in collaboration with OWWA,
the POEA, the PhilHealth, the DOJ, and the DFA and representatives from
the private health sector shall issue necessary rules and regulations for the
implementation of this Act.

SECTION 39. Separability Clause. - If any part or provision of this Act is
declared unconstitutional or invalid, the remainder of the provisions thereof
not affected shall remain in full force and effect.

SECTION 30. Repealing Clause. - All provisions of existing laws, orders,
rules, and regulations, or parts thereof which are in conflict or inconsistent
with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

SECTION 31. Effectivity. - This Act shall take effect immediately upon its
publication in the Official Gazette or in at least two (2) national newspapers

of general circulation in the Philippines.

Approved,