Republic of the Philippines
House of Representatives
Quezon City

Seventeenth Congress
First Regular Session

4161

HOUSE BILL NO. ___

Introduced by Representative Rogelio J. Espina

EXPLANATORY NOTE

Section 11, Article XII of the 1987 Constitution of the Republic of the Philippines
declares that the State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social
services available to all the people at affordable cost.

In 2014, the Philippine College of Physicians declared that there is an existence of
doctor and health specialists’ workforce crisis that threatens the lives of millions of
Filipinos, especially the poor. As per record, infectious diseases and non-communicable
diseases are killing thousands of Filipinos, but most disturbingly, 47.6% of deaths among,
Filipinos are unattended by a medical doctor or allied health provider. Only 3,000 out of
66,000 physicians in the country are working in a public facility.

It is a fact that Universal healthcare is not just about equipment and facilities, or
funds to pay for services. Universal healthcare is about getting people to care for other
people. This means delivery of primary care, Without primary care, universal healthcare
is just an elusive dream.

Apparently, the shortage of healthcare workers affects not just the supply of
doctors, nurses, and midwives, but also the supply of dentists, pharmacists, occupational
therapists, physical therapists, speech pathologists, medical technologists, and other
allied medical professionals, including partners in healthcare. While the so-called brain
drain started when the US opened its doors to migrant doctors, the problem continues
because healthcare workers still seek “greener pastures.”

According to PCP, the shortage is due to two relevant points. There is urban
migration, wherein students who study medicine remain in Metro Manila and they don’t
go back to the provinces to serve. Around 50% of our current workforce is in Manila.


There is also the option of going abroad. ‘The Philippines is also the largest exporter of
physicians next to India.

‘The bill mandates a six-month medical service in local health facilities in the
Philippines for post-graduate physicians and new medical specialists. Thus, newly board
passer physician would render six-month service to our indigent patients in public
hospitals or rural health facilities before his residency training and another six months
after been taken up his 3-4 years residency

‘Therefore, this Bill proposes not only to promote competence among physicians
but also an essential remedy to resolve dearth of physicians in local health facilities like
municipal, provincial and district hospitals, Furthermore, imparting an advocacy to serve
the destitute and impoverished Filipino patients in our country is one of the objectives of
the bill

Hence, the immediate passage of the Bill is earnestly sought.

HON. ROGEL10O J.4SPINA, MD, FPOA
Representative
istrict of Biliran


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congres
First Regular Session

A161

HOUSE BILL NO,

Introduced by Representative Rogelio J.

AN ACT
MANDATING SIX (6) MONTHS MEDICAL SERVICE IN LOCAL HEALTH
FACILITIES FOR POST-GRADUATE PHYSICIANS AND NEW MEDICAL
SPECIALISTS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled
ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the “Physicians” Local Health
Facilities Service of 2016”

SEC. 2. Declaration of Policy - The State recognizes the vital role of physicians in
the preservation, maintenance, safeguard, cure and enhancement of the life, health and
general welfare of the citizenry. Physicians’ professional service shall, therefore, be
promoted and extended not only to the rich and can afford patients in a private
hospital but also to the disadvantage citizenry of our country

SEC. 3. Objectives - This Act provides for and shall govern the

(a) Standardization, regulation and augmentation of medical service of
residency training of every newly board passer physician and foreign medical
practitioner in the Philippines.

(b) Integration of the medical profession to resolve shortage of medical
doctors in local health facilities

(c) Promotion of competence, moral values and professional attitude of
physicians through an integrated and accredited professional organization

(d) Promote public service among post-graduate physicians to attend to the
underserved patients in the local health facilities such as municipal, provincial or
district hospitals

SEC. 4. Enforcement - For the purpose of implementing the provisions of this Act
there shall be created a council composed of Medical Practitioners from Government
and private institutions, hereinafter referred to as the Couneil


ARTICLE IL

‘THE COUNCIL

Creation of Council of Medical Resident/Specialist for Rural Health

Service, There will be a creation of a Council of Medical Residents’Specialists for
rural health service, they shall be composed of the following:

a) The Chairperson of the Council is the Secretary of the Department of Health
(DOH) or his duly representative as Chairperson;

b) Secretary, Interior and Local Government or his duly representative as member:

c) The President of the Professional Regulatory Board of Medicine or his duly
representative as member;

) The President of the Integrated Philippine Medical Association accredited by the
Professional Regulation Commission o his duly authorized representative as
member:

e) The President of the Philippine Hospital Association (PHA) or his duly authorized
representative as member.

The Chairperson and members of the Council shall hold office during their
incumbency in the respective institutions that they represent.

SEC. 6, Powers and Duties. The Council shall be vested with the following specific
powers, functions, duties and responsibilities

(a) Determine and evaluate qualifications of the applicants for residency with
physician licensure or special permits for our foreign doctors who will take their
residency training in the Philippines

(b) Promulgate rules and regulations, administrative policies, orders and issuances, in
coordination with the Integrated Philippine Medical Association accredited by the
Professional Regulation Commission, to catty out the provisions of this Act;

(c) Investigate violation of this Act, rules and regulations, administrative policies,
order and issuances promulgated by the Council

(d) Set the standards and guidelines for the issuance of residency certificate;

(e) Issue subpoena and festificandum or subpoena duces fecum to secure attendance
of respondents or witnesses as well as the production of documents relative to the
investigation conducted by the Council: Provided, That failure of the party to
whom a subpoena has been issued to comply therewith shall be punishable by way
of indirect contempt, For this purpose, the Council is hereby vested the power to
cite any party for contempt which may be exercised pursuant to the applicable
provisions of Rule 71 of the Rules of Court

(1) Perform such other funetions and duties as may be necessary to efficiently and
effectively implement the provisions of this Act.

The policies, resolutions, rules and regulations, orders or decisions issued ot
promulgated by the council shall be subject to the review, revision and approval by
the Professional Regulation Commission. However, the Council's final decisions,
resolutions or orders rendered in an administrative case shall be immediately
executory.



SEC. 7. Term of Office. The members of the Council shall hold from the date of
their appointment for a term of three (3) years or until their successors shall have been
appointed and qualified. They may, however, be reappointed for another term but not
for a third term,

ARTICLE IIL
R POST-GRADUATI

RES

DENCY TRAIN

MEDICAL DOCTO!

SEC 8, Acts of regulating the residen
A person shall be accepted as a residen

training for post-graduate medical doctors
trainee upon submission of the following:

a) Licensure from the Professional Regulatory Commission as a Medical
Doctor,

b) Certificate from Chief of Hospital/Municipal Health Chief Officer/Medical Chief
Officer that the applicant has atleast six (6) months volunteer in a local health
facilities of his choice, but not limited to accept incentives from the jurisdiction of
the Local Government Unit, Provided, That the trainee medical doctor is under the
direct supervision and control of the Municipal Health Officer/Provincial Medical
Director of the rural health facilities;

ARTICLE LV
“GRADUATE RESIDENT MEDICAL SPE

ALISTS

SEC 9, Acts of regulating acceptance of a post-graduate resident medical specialist. A
medical specialist shall be accepted as medical practitioner or physician in any
medical institution private or public hospital in the Philippines, upon completion and
submission of the following:

a) Certificate from Chief of Hospital/Medicai Chief Officer, That upon residency or
after atleast 3-4 years of training, the resident medical doctor or specialist rendered
volunteer service to any Local Health Facilities of his choice for another six (6)
months, but not limited to accept incentives from the jurisdiction of the Local
Government Unit. Provided, That the applicant physician is under the direct
supervision and control of the Chief of Hospital/Municipal Health Officer

ARTICLE V
FINAL PROVISIONS

10. Enforcement, ~ The Council shall be the enforcement agency to implement
the provisions of this Act, enforce its implementing rules and regulations as adopted,
assist in the investigation of complaints against violators of this Act, its rules and
regulations, and other policies

The Council shall call upon or request any department, instrumentality, office,
bureau, institution, other ageney of the government including local government units
(LGUs) to render such assistance as it may require, or to coordinate or cooperate in


order to carry out, enforce or implement the professional regulatory policies of the
government or any program or activity it may undertake.

See. 11, Appropriations ~ The amount necessary for the implementation of this Act
shall be charged to the current appropriations for the Department of Health,
Professional Regulatory Commission, and Department of Interior and Local
Government. ‘Thereafter, such sum as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations
Act

Sec. 12. Implementing Rules and Regulations — Within ninety (90) days trom the
effectivity of this Act, the Secretary of Health shall, in coordination with the Secretary
of the Interior and Local Government and Professional Regulatory Commission
promulgate rules and regulations necessary for the effective implementation of this
Act

Sec. 13. Separability Clause, ~ If any clause, provision, paragraph or part hereof be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other part hereof, but such judgment shall be merely confined to the
clause, provision, paragraph or part directly involved in the controversy in which such
judgment has been rendered.

Sec. 14, Repealing Clause. ~ All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Sec. 15. Effeetivity. This Act shall take affect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,