Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No

Introduced by Representative JOEY SARTE SALCEDA

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

EXPLANATORY NOTE

With health risks now globalized, there is a need for a high-level public institution imbued with
the capacity, the competencies, the ecosystem, and the authority to confront these risks
decisively and thus protect the public welfare and enable development to proceed amidst these
risks, Addressing these risks can no longer be approached from the recesses of current
bureaucracy,

The Philippines, with its tropical location, its large population, high rates of urbanization, a
highly mobile and transborder population (with an estimated 12 million OF Ws in 2019), as a
top tourist destination (with an estimated 8.4 million tourists in 2019), and increased numbers
of foreign workers (with about 280,000 from Philippine Offshore Gaming Operations alone) is
especially prone to the risk of communicable diseases. Many such diseases, including those we
have eradicated already in the past, are emerging and reemerging, threatening the health and
safety of the public.

Our lack of institutional capacity to implement comprehensive public health management
programs, as well as the present orientation of border law enforcement towards prevention of
human trafficking and smuggling, but not towards public health protection, stymies the
country’s ability to decisively address the risks of communicable disease.

All of these establish the national imperative for a framework for effective intervention.

For the past 19 years, the Philippines was considered “free” of any polio-related diseases, until
September 14, 2019, when a 3-year-old girl was diagnosed with the disease. After confirming
a second case from tests done on a 5-year-old boy, the government of the Philippines publicly
declared the polio outbreak on September 19, 2019.

In 2019, the Philippines was ranked as the country with the fastest growing number of Human
Immunodeficiency Virus (HIV) cases in the world, the Joint United Nations Program on HIV
and AIDS (UNAIDS)


In 2019, the Philippines was ranked as the country with the fastest growing number of Human
Immunodeficiency Virus (HIV) cases in the world, the Joint United Nations Program on HIV
and AIDS (UNAIDS).

Among all countries in the world, the Philippines is the country with the third-highest
prevalence of tuberculosis.

In 2019, the dengue outbreak was also the worst the country experienced in years.

Clearly, the country’s reactive, bureaucracy-challenged approach to communicable diseases no
longer serves to adequately protect the country from serious, often fatal infectious diseases.

Currently, the country’s units devoted to communicable disease prevention and control - The
Infectious Diseases Control and Prevention Division of the Disease Prevention and Control
Bureau (DPCB) of the Department of Health, The Infectious Diseases for Elimination Division
of the DPCB, and the Research Institute for Tropical Medicine (RITM), are mere sub-units
under the Department of Health. They do not possess the policymaking latitude to decisively,
quickly, and effectively respond to serious public health emergencies caused by infectious
diseases.

Furthermore, the DOH, without effective institutional reform, is organizationally challenged,
having shown low absorptive capacity and low rates of delivery of vaccines to prevent
communicable diseases in recent years.

While the DOH has been effective, to some degree, in recommending policies to address non-
communicable diseases, the agency has not been able to adequately respond to communicable
diseases. Considering their much larger scope and scale, as well as the more individual and
preventable nature of most of them, non-communicable diseases rightly belong under an
agency of the same size and nature as the DOH. Communicable diseases, however, being
smaller in incidence but requiring the speed and decisiveness of a small but effective body,
should be under a DOH-supervised agency with broader latitude.

This reorganization would allow the rest of the DOH to focus on non-communicable diseases,
which require broad and day-to-day coverage and intervention, while a specialized agency
tackles communicable disease prevention and control, which require the latitude and efficiency
of a smaller but broadly empowered body.

As a comprehensive national framework for health emergency management, this bill provides
for:
1, Creation of the Center for Disease Control and Prevention
2. Separation of the Disease Control and Prevention Bureau of the DOH, with the CDC
absorbing communicable disease units in a newly established Communicable Disease
Prevention Bureau
3. Absorption of the Epidemiology Bureau and the Research Institute for Tropical
Medicine into the CDC
4. Creation of the Disease Emergency Management Bureau (DEMB)


5. Granting of broader quarantine powers to the Secretary of Health and the CDC

6. Creation of the Health Emergency Coordination Council, which shall coordinate
national government response to health emergencies, and which shall declare the
existence of a state of health emergency;

7. Authorization for LGUs to use calamity funds during a state of health emergency;

8. Broad health emergency powers to the HECC and the CDC including a redefinition of
the relationship between the CDC and the Bureau of Quarantine during health
‘emergencies;

9. A comprehensive health emergency management framework, including provisions for
vaccination and treatment, isolation and quarantine, and disease surveillance;

10. The creation of a National Health Emergency Response Unit (NHERU) under the
DEMB, which shall act as the frontline force in ground and surveillance operations of
the CDC;

11. A comprehensive framework for tracking public health emergencies,

12.A mandate for the Secretary of Foreign Affairs and the Secretary of Health to
recommend beneficial agreements on exchange of health information with international
organizations and with other countries.

This bill would make the country better prepared for what this proposal calls “sudden onset
health emergencies,” or those emergencies whose risk exponential increase over time, absent
any intervention, The key factor in responding to such emergencies is quick and early
intervention, which this bill hopes to set the foundations for.

A health emergency management framework of this scope has not yet been attempted by past
Congresses. The passage of this bill would be of historic significance in making our country
safer and more resilient.

In view of the foregoing, the approval of this bill is urgently sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative JOEY SARTE SALCEDA

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

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

CHAPTERI
GENERAL PROVISIONS,

Section 1. Title — This Act shall be known as the “Center for Disease Control and Prevention
Act of 2020.” Or the “CDC Act of 2020”.

Sec. 2, Declaration of Policy ~ It shall be the policy of the State to ensure the health and
wellbeing of Filipinos, to protect them from communicable diseases, and to 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.

It is also hereby declared a policy of the State to adopt, Support, establish, institutionalize,
improve and maintain structures, processes, mechanisms and initiatives that are aimed, directed
and designed to:

(a) protect and promote the health of the Filipino people; and
(b) help establish and maintain an effective health mechanism that is responsive to the
country’s health needs, emergency and other emerging problems.

‘Towards this end, and in view of the globalization of health risks, there shall be a high-level
Public institution imbued with the capacity, the competencies, the ecosystem, and the authority


to confront these risks decisively and thus protect the public welfare and enable development
to proceed despite these risks.

Sec. 3. Definition of Terms — As used in this Act, the term:

(a) Communicable disease, also known as transmissible disease or infectious disease, shall
mean an illness resulting from an infection, or a disease which can be transmitted from
an infected host individual or group to a particular individual or group, regardless of
whether the other individual was previously infected.

(b) “Contagious disease” is an infectious disease that can be transmitted from person to
person.

(©) “Disease” refers to an illness due to a specific toxic substance, occupational exposure
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,

(d) “Disease control” refers to the reduction of disease incidence, prevalence, morbidity or
mortality to a locally acceptable level as a result of deliberate efforts and continued
intervention measures to maintain the reduction:

(e) “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 surveillance 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;

(f) “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 to 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 in the country, and then declined dramatically, but are again becoming health
problems for a significant proportion of the population:

(g) “Epidemic/outbreak” 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 facility” means any institution, building, or agency or portion thereof,
whether public or private (for-profit or nonprofit) that is used, operated, or designed to
provide health services, medical treatment, or nursing, rehabilitative, or preventive care
to any person or persons. This includes, but is not limited to: ambulatory surgical
facilities, 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 facilities, 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
facilities, pharmacies; laundry facilities; health personnel training and lodging
facilities; patient, guest, and health personnel food service facilities; and offices and
office buildings for persons engaged in health care professions or services.


(i) “Health event of public health concern” refers to either a public health emergency or a
public health threat due to biological, chemical, radio-nuclear and environmental
agents;

(i) “Infectious disease” is 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,

(k) “Infectious waste” is— (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; (ii) “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; (iii) “pathological
waste,” which includes biopsy 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, I.V. tubing with needles
attached, scalpel blades, lancets, breakable glass tubes, and syringes that have been
remoyed from their original sterile containers,

(1) “Notifiable disease” refers to a disease that, by legal requirements, must be reported to
the public health authorities;

(m) “Precommunicable stage” shall mean the stage beginning upon an individual’s earliest
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;

(n) “Quarantine” is the physical separation and confinement of an individual or 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.

(0) “Sudden onset health outbreak”, or “sudden onset health events”, shall be diseases
whose risks to public health and safety exponentially increase over time absent
intervention;

CHAPTER I
CREATION OF THE CENTER FOR DISEASE CONTROL PHILIPPINES

See. 4. Creation of the Center for Disease Control and Prevention. There shall be created a
Center for Disease Control and Prevention, hereinafter referred to as “Center,” a government
agency attached to the Department of Health, 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. Additionally, it shall be responsible for controlling


the introduction and spread of infectious diseases, and shall provide consultation and assistance
to other nations and international agencies to assist in improving their disease prevention and
control. It shall also

Sec. 5 — Reorganization of existing units. Under this Center, the following bureaus and
agencies are hereby subsumed into the Center:

1, The Disease Prevention and Control Bureau of the Department of Health

2. The Epidemiology Bureau of the Department of Health

3. The Research Institute for Tropical Medicine

4. The Disease Emergency Management Bureau

See. 6. Functions of the Center. — The Center shall perform the following functions:

1, Maintain active surveillance of diseases through epidemiologic and laboratory
investigations, data collection, analysis, and distribution;

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

3. Actas the lead disease surveillance agency of the country;

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

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

6. Administer national programs for improving the performance of clinical laboratories in
identifying and classifying communicable diseases;

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

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

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

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

11. 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;

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

13, 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.

14. 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;

15. Maintain a Registry of Notifiable Diseases and Biosecurity Hazards, which shall be
published and updated online.

16. Recommend to the Council inclusions and deletions from the registry,

17. Perform such other functions as may be mandated by law, or as may be duly delegated
by relevant authorities.


Sec. 7. Center 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 the rank of
Undersecretary, and who shall perform the following functions and powers:
1. Manage and direct the activities of the Centers for Disease Control and Prevention
(CDC),
2. Provide leadership for the implementation of CDC's responsibilities related to disease
prevention and control;
3. Advise the Secretary of Health on policy matters concerning CDC activities;
4, 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 as a public health
emergency;
Participate in the development of CDC goals and objectives;
Provide overall direction and coordination to the epidemiologic activities of CDC;
Coordinate CDC response to health emergencies;
Provide liaison with other governmental agencies, international organizations including
the World Health Organization, learning institutions, and other outside groups;
10. Coordinate international health activities relating to disease prevention and control;
11. In cooperation with DOH Regional Offices, provide or obtain technical assistance for
regional and local health departments and private and official agencies as needed;
12. Provide overall direction to, and coordination of, the scientific/medical programs of
cbc;
13. Oversee and provide leadership for laboratory science, safety, and quality management;
14. Plan, promote, and coordinate an ongoing program to assure equal employment
opportunities in CDC;
15. Provide leadership, coordination, and assessment of administrative management
activities;
16, Coordinate with appropriate DOH staff offices on administrative and program matters;
17. Coordinate the consumer affairs activities for CDC; and
18. Provide leadership, policy guidance, coordination, technical expertise, and services to
promote the development and implementation of the agency’s national programs

eng

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

a. Develop plans, policies, programs, projects and strategies for disease prevention and
contro} and health protection.

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 with the following functions:

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


. To develop policies, standards and guidelines for the elimination of infectious

diseases;

2. To develop plans, programs and projects to carry out preventive and control
strategies against elimination of infectious diseases;

3. Toassist and strengthens capacity to measure and analyze the burden of elimination
of infectious diseases,

4. To provide monitoring and evaluation schemes to measure of interventions in the
prevention and control of elimination diseases;

5. To provide technical assistance and expert services to collaborating and
implementing agencies on matters pertaining to the prevention and control of
infectious diseases for elimination;

6. To 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;

7. To promote coordination and collaboration with partner agencies and organizations
‘on matters pertaining to elimination of infectious diseases;

8. To 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:

1. To develop policies, standards and guidelines for the prevention and control of
infectious diseases;

2. To develop plans, programs and projects to carry out preventive and control strategies
against infectious diseases;

3. To assist and strengthens capacity to measure and analyze the burden of infectious
diseases;

4. To provide monitoring and evaluation schemes to measure of interventions in the
prevention and control of infectious diseases;

5. To provide technical assistance and expert services to collaborating and implementing
agencies on matters pertaining to the prevention and control of infectious diseases;

6. To develop capability of health sector agencies and organizations in the implementation
of programs and projects related to the prevention and control of infectious diseases;

7. To promote coordination and collaboration with partner agencies and organizations on
matters pertaining to infectious diseases;

8. To 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 create the Epidemiology Bureau with the
following functions:


Pens

. To develop and evaluate surveillance systems and other health information systems
. To collect, analyze and disseminate reliable and timely information on the health status

To Investigate disease outbreaks and other threats to public health

To network public health laboratories in support of epidemiological and surveillance

activities

SEC. 11. Divisions of the Epidemiology Bureau. - There shall create the 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

b. Develop and maintain field epidemiology training programs for public health

workers

©. Develop, capture, filter, verify, assess, respond, disseminate and evaluate event-

based surveillance systems

d. Collect and maintain resource materials on epidemiology, surveillance,

management and monitoring and evaluation in public health.

Public Health Surveillance Division

a Undertake notifiable disease surveillance through Philippine Integrated Disease

Surveillance and Response

. Survey, Monitoring & Evaluation Division

a. Provide statistical services to priority health programs of the DOH

b. 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
d. Provide program health indicators information

SEC. 12. Disease Emergency Management Bureau. - There shall be created the Disease
Emergency Management Bureau with the following functions:

b)

°)

d)

Actas the DOH Coordinating unit and Operation Center for all health emergencies
and disasters, as well as incidents with the potential of becoming an emergency,
and coordinate the mobilization and sharing of resources.

Provide the communication linkage among DOH Central Office and other
concemed 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.

Maintain a database of all health emergency personnel, technical experts, and
resource speakers. Together with the National Center for Health Facilities

10


Development (NCHFD), the DEMB shall maintain a database of capabilities of
health facilities.

Lead in the development of Disaster Risk Reduction & Management in Health
(DRRMH) Plan and the development of protocols, guidelines and standards for
health emergency management.

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

Lead advocacy activities, including simulation exercises.

Develop and implements 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.

Monitor and evaluate the enforcement of compliance to policies, and recommend
the formulation or amendment of policies related to health emergency
management.

SEC. 13. Divisions of the Disease Emergency Management Bureau. There shall be create
the divisions under the Disease Emergency Management Bureau with the following functions:

1

a)

)

°)
d)

°)

h

)

)

°

Prevention, Mitigation & Preparedness Division

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

Develop standardized training modules for various stakeholders on health
emergency

Develop, disseminate and update emergency preparedness programs

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

. Response, Recovery & Rehabilitation Division

Mobilize resource 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

n


4) Develop and capacitate human resource of regional offices, operation 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.

SEC. 14. 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:

a) 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,

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

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

©) 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 government in research
activities in the diagnosis, control and prevention of tropical diseases.

b)

©)

CHAPTER I
REGULATIONS TO CONTROL COMMUNICABLE DISEASES

Sec. 15. 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 to 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 his/her judgment may be necessary.

12


See. 16. Apprehension, detention, or conditional release of individuals. Regulations
prescribed under this Chapter shall not provide for the apprehension, detention, 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.

See. 17. 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. 18. Apprehension and examination of persons reasonably believed to be infected.

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

(2) 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; or (B) is in a
Precommunicable stage, if the disease would be likely to cause a public health emergency if
transmitted to other individuals,

Sec. 19. 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.

See. 20. Special quarantine powers in time of war. To protect the military and naval forces
and war workers of the Philippines, in time 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

13


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. 21. Quarantine regulations governing civil air navigation and civil aircraft. The
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 sections 12 and 13
of this Act and regulations prescribed thereunder (including penalties and forfeitures for
violations of such sections and regulations), to such extent and upon such conditions as they
deem necessary for the safeguarding of the public health

Sec. 22 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. 23. 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. 24, Health Emergency Coordination Council (HECC). — There shall be created a
Health Emergency Coordinating Council (HEC), hereinafter referred to as the Council,
composed of the following:

Secretary of Health as Chairperson;

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,

The Secretary of Interior and Local Government as Member,

The Secretary of Justice as Member,

The Secretary of Budget and Management as Member;

The Secretary of Trade and Industry as Member,

The Secretary of Agriculture as Member;

The Press Secretary as Member,

‘The National Security Adviser as Member.

The Chairman of the Philippine Red Cross as Member,

1. The Executive Director of the Philippine Council for Health Research and
Development as Member; and

._ Th President of PhilHealth as Member

PEREORFS Sore mp pe ep

°

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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 Secretariat of the HECC.

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 of its members. Only
the council may declare a state of health emergency which may be national, or local as defined.

SEC. 25. 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. 26 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. 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. 27. 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) days, unless extended or terminated earlier
by the President, upon recommendation by the Secretary of Health.

SEC. 28 Health Care Facilities 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 facilities to provide services or the use of their facilities.

SEC. 29. Dangerous Facilities and Materials. — During the State of Health Emergency, the
Council may exercise, in coordination with national government agencies, local governments,
and other 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 pathogen,

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 decontaminate or cause to be decontaminated, any material of which there is reasonable
cause to believe that it may endanger the public health.

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SEC. 30. 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, 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.

Ifa 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. 31. 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;
¢. Deyelopa 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;
€. 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. Serye as a central receiving center for relevant information during a health
emergency;
h. Oversee the National Health Emergency Response Unit (NHERU);
i. 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. 32. National Health Emergency Response Unit — There shall be created a National
Health Emergency Response Unit to perform the following functions:
a. 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.
Actas the first-response unit of the SOHHEMS during a public health emergency;
¢. Conduct investigative and intelligence gathering activities as ordered by the CDC or by
the Secretary of Health;
d. 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;

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e. 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. 33. 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.

SEC. 34. 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. 35 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 to the public health
emetgency. Such measures may include, but are not limited to, the collection, storage,
handling, destruction, treatment, transportation, and disposal of infectious waste.

b. Control of facilities. To require any business or facility authorized to collect, store,
handle, destroy, treat, transport, and dispose of infectious waste under the law, and
any landfill 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 in the country as such a
business or facility. The use of the business, facility, 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 of a 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.

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.

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SEC. 36. 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—

a. 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 to, the embalming, burial,
cremation, interment, disinterment, transportation, and disposal of human remains.

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

c. 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 considered when disposing of any human
remains.

d. 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 aetions 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.

e. 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 reasonable and necessary to
respond to the public health emergency, with the right to take immediate possession
thereof.

f. 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,
clearly visible tag indicating that the human remains is infected and, if known, the
contagious disease.

g. Identification. 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 decedent 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. 37 Other powers of control of health care supplies.

a. 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.

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b. 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.

c. 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.

d. 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. Ifa public health emergency simultaneously affects
more than one state, nothing in this Section shall be construed to allow the public health
authority to obtain anti-toxins, serums, vaccines, immunizing agents, antibiotics, and
other pharmaceutical agents or medical supplies for the primary purpose of hoarding
such items or preventing their fair and equitable distribution among affected countries.

SEC. 38. Vaccination and treatment. During a state of public health emergency, or a state of
sudden onset health outbreak, the CDC may exercise the following emergency powers over
persons as necessary to address the public health emergency:

a. Vaccination. To vaccinate persons as protection against infectious disease and to
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
undetgo 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 or possibly contagious
disease the public health authority may isolate or quarantine, persons who are unable
or unwilling for reasons of health, religion, or conscience to undergo treatment
pursuant to this Section.

s

CHAPTER V
TRACKING OF PUBLIC HEALTH EMERGENCIES

SEC. 39, Reporting.

a. Illness 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.

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. Pharmacists. In addition to the foregoing requirements for health care providers, a

pharmacist shall report any unusual or increased prescription rates, unusual types 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 illness 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.

|. Animal diseases, Every veterinarian, livestock owner, veterinary diagnostic

laboratory director, or other person having the care of animals shall report animals
having or suspected of having any diseases that may be potential causes of a public
health emergency. The report shall be made electronically or in writing within twenty-
four (24) hours to the DOH or the CDC and shall include as much of the following
information as is available: the specific illness or health condition that is the subject
of the report; the suspected locating information of the animal, the name and address
of any known owner, and the name and address of the reporting individual.
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.

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

SEC. 40. Tracking. The CDC shall ascertain the existence of cases of an illness or 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 to proper control measures; and
define the distribution of the illness or health condition. To fulfill 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 identify 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

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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 condition may have been contracted and to whom the
illness or health condition may have spread.

c. Examination of facilities or materials. The CDC shall, for examination purposes, close,
evacuate, or decontaminate any facility or decontaminate or destroy any material when
the authority reasonably suspects that such facility or material may endanger the public
health,

d. 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. 41. Information sharing.

a. Whenever the CDC or other government agency learns of a case of a reportable 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.

b, 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.

c. 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. 42. 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
OTHER PROVISIONS

See. 43. Congressional Oversight Committee on Communicable Disease Control and
Prevention — To monitor the implementation of this Act, there shall be a Congressional
Oversight Committee on Communicable Disease Control and Prevention, composed of the
Chair and four other members of the House Committee on Health, and the Chair and four other
members of the Senate Committee on Health and Demography. No part of this Act shall be
construed as to limit the oversight powers inherently or actually possessed by the same
committees.

See. 44. 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.

2a


Sec. 45. 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. 46. 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. 47. Separability Clause. — If any portion or provision of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain
in full force and effect.

See. 48. Repealing Clause. — All other laws, acts, presidential decrees, executive orders,
presidential an issuances, rules and regulations, or parts thereof which are contrary
to or inconsistent with any of the provisions of this Act are hereby repealed, amended, or
modified accordingly.

Sec. 49. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette orn a newspaper of general circulation,

Approved,

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