NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
EXPLANATORY NOTE 
Mercury is a naturally-occurring heavy metal. At ambient temperature and pressure, 
mercury is a silvery-white liquid that readily vaporizes and may stay in the atmosphere for up 
to a year. When released to the air, mercury is transported and deposited globally. Mercury 
ultimately accumulates in lake bottom sediments, where it is transformed into its more toxic 
organic form, methyl mercury, which accumulates in fish tissue. 
Mercury is highly toxic, especially when metabolized into methyl mercury. It may be 
fatal if inhaled and harmful if absorbed through skin. Around 80% of the inhaled mercury vapor 
is absorbed in the blood through the lungs. It may cause harmful effects to the nervous, 
digestive, respiratory, immune systems and to the kidneys, besides causing lung damage. 
Adverse health effects from mercury exposure can be: tremors, impaired vision and hearing, 
paralysis, insomnia, emotional instability, developmental deficits during fetal development, 
and attention deficit and developmental delays during childhood. 
In 1991, the World Health Organization (WHO) concluded that a safe level of mercury 
exposure, below which no adverse effect, has never been established. 
Many countries all over the world have banned the use of mercury-containing devices 
and thermometers and it is high time that the Philippine also ban the same. The Department 
of Health took the first step and issued an administrative order. It is now time to strengthen 
said administrative order and give it more teeth. 
In view of the foregoing, early passage of this bill is earnestly sought. 
 RUFUS B. RODRIGUEZ 
January 11, 2023
6:18 pm
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NINETEENTH CONGRESS  
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session  
 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
AN ACT 
BANNING THE USE OF MERCURY IN ALL PHILIPPINE HEALTH CARE FACILITIES AND 
INSTITUTIONS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
Be it enacted by the Senate and House of the Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Declaration of Policy – It is the policy of the State to protect and promote the right 
to health of the people and instill health consciousness among them. 
SEC. 2. Scope and Coverage – This Act shall apply to all Health Care Facilities as defined 
hereunder. 
SEC. 3. Definition of Terms – 
A. Health Care Facilities mean any of the following:
a. Hospitals – places devoted primary to the maintenance and operation of facilities
for the diagnosis, treatment and acre of individuals suffering from illness, disease,
injury or infirmity or in need of obstetrical or other medical and nursing care. The
term "hospital" shall also be construed as any institution, building or place where
there are installed beds or cribs or bassinets for twenty-four hour use or longer by
patients in the treatment of diseases, diseased-condition, injuries, deformities or
abnormal physical or mental states, maternity cases, and sanitorial or sanitarial
care infirmities, nurseries, dispensaries, and such other means by which they may
be designated.
b. Infirmary – a health facility that provides emergency treatment and care to the sick
and injured, as well as clinical care and management to mothers and newborn
babies.
c.
Birthing Home – a health facility that provides maternity services on pre-natal and
post-natal care, normal spontaneous delivery and care of newborn babies.
d. Clinic – shall mean a place in which patients avail of medical consultations or
treatment on an out-patient basis and shall include the following:
i.
Medical
ii.
Ambulatory
iii.
Dialysis
iv.
Health Care Centers and Dispensaries
v.
Surgical
vi.
Alternative Medicine
vii.
Dental
viii.
Other clinical facilities not mentioned above that require a license /
certification / accreditation from the Department of Health
B. Mercury - means any substance containing element mercury, either in pure form, as
metallic salts or organo-metallic compounds.
C. Mercury Audit - a mercury audit aims to identify all the uses and sources of mercury,
and the amount present in the facility.
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D. Alternative to Mercury-containing devices/products - mercury-reduced and 
mercury-free products that are considered to be viable replacements for mercury-
containing devices/products. 
E. Hospital Waste Management Committee (HWMC) - means a group in the Health 
Care Facility with the overall responsibility of ensuring that health care waste management 
plan are promoted and implemented. 
F. Waste Management Officer (WMO) - means a person in the Health Care Facility 
responsible for the day-to-day operation and monitoring of the waste management system. 
In cases where the Health Care Facility has no HWMC, the WMO shall be the person to 
assume the responsibility of ensuring the health care waste management plan of the 
facility as promoted and implemented. 
G. Mercury Minimization Program - means a gradual phase-out plan for MDEP by a 
Health Care Facility in accordance with Section V and following the management plan 
described in Annex B of this Administrative Order. 
 
SEC. 4. It is hereby mandated that all health care facilities shall immediately discontinue the 
use of mercury-containing devices and the distribution of mercury thermometers to patients 
through the distribution of hospital admission/discharge kits: Provided, that if instant banning 
cannot be had, health care facilities shall follow the guidelines for the gradual phase-out of 
mercury provided in this Act. 
April 28, 2008 
 
SEC. 5. Guidelines for the Gradual Phase-Out of Mercury in Health Care Facilities –  
1. In order to ensure safety and contamination control, steps taken towards mercury 
elimination in facility must be consistent and predetermined. It is therefore a must to 
involve the whole facility in a dedicated Mercury Management and Minimization 
Program, with the goal of: 
a. Raising awareness on the dangers posed by mercury and mercury-containing 
devices in all health care facilities and institutions; and 
b. Developing a clear preference for the use of Alternative to Mercury-containing 
Devices among health care personnel; 
2. All Health Care Facilities are hereby tasked to designate a dedicated Mercury 
Management Team within two months from the approval of this Act. This team should 
be directly under the Hospital Waste Management Committee and is mandated to: 
a. Conduct a Mercury Audit of their facility. This should include an assessment of 
the cost of switching to alternatives to mercury-containing devices; 
b. Develop and manage a Mercury Minimization Program for their facility; 
c. Draft and implement a purchasing policy that requires vendors to sign a 
mercury-content disclosure agreement covering products intended for 
purchase. A clear preference for Alternatives to Mercury-containing Devices 
where applicable should be in effect. Efforts should be made to communicate 
with suppliers about an eventual mercury-free purchasing policy and to work 
with staff on finding Alternative to Mercury-containing Devices; 
d. Conduct a facility-wide information campaign and employee education on the 
consequences of continued mercury use with simultaneous  personnel training 
on preventing and proper handling of mercury spills; and  
e. Identify and remove unnecessary practices that promote the use and 
distribution of mercury-containing medical devices; 
3. Within 12 months from the effectivity of this Act, all health care facilities should have 
accomplished the following: 
a. Fully implemented the Mercury Minimization Program developed for their 
facility; 
b. Switched to alternatives from mercury-containing devices; 


c. Developed and implemented a program of waste segregation and recycling to 
further reduce the mercury waste stream in cases where no alternative 
products exist; 
d. Identified a dedicated mercury collection area within the facility; 
e. Developed a proper temporary mercury storage in the facility inaccessible to 
the public; 
f. Incorporated a mercury management module in their training program for new 
personnel; and 
g. Information materials on mercury are displayed and/or available in their facility 
for the benefit of their patients and the general public. 
 
SEC. 6. Penal Provisions – Any health care facility caught violating any of the provisions of 
this Act shall be held liable to pay a fine of not less than Five hundred Thousand Pesos 
(P500,000) nor more than One Million Pesos (P1,000,000).   
 
SEC. 7. Implementing Rules – The Department of Health shall issue such orders, rules and 
regulations and other issuances as may be necessary to ensure the effective implementation 
of this Act. 
 
SEC. 8. Separability Clause – If for any reason, any part of or provision of this Act is declared 
unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect. 
 
SEC. 9. Repealing Clause – Any law, executive order, letter of instruction, rules and 
regulations, circulars, issuances or any part thereof inconsistent with any of the provisions of 
this Act is hereby repealed, modified or amended accordingly. 
 
SEC. 10. Effectivity – This Act shall take effect fifteen (15) days after its publication in at least 
two (2) newspapers of general circulation. 
 
Approved,