Republic af the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session

HOUSE BILL NO. 1715,

Introduced by Rep. Anthony R. T. Golez Jr. MD, MBAH

EXPLANATORY NOTE

“The State shail protect and promote the right to health of the people and instill
health consciousness among them.” (Section 15, Article Il, 1987 Constitution)

‘The recent pandemic has shown the world that preparation for something that
seems highly unlikely to happen is still as important as the preparation for things that are
currently happening, The responsibility of the State to protect the health and welfare of
the people was highlighted in the past few years, as the infectious disease continuously
disrupted the lives of many families not only in the Philippines, butalso in other countries
This global outbreak repeatedly challenged the State, and the various organizations and
divisions specifically in charge of infectious disease management, to keep the capacity
levels of hospitals at a manageable rate. Seeing most of the hospitals in the biggest cities
of the country at full capacity during the height of the pandemic, the need for our country
to develop a more extensive and inclusive approach in dealing with health emergencies
was put into light.

This bill seeks to establish a Center for Disease Control that will be responsible for
developing and implementing an infectious disease management program, involving,
several academic disciplines and specializations to aid in any previous shortcomings of
existing organizations and divisions. This bill includes the absorption of a number of
existing organizations under the Department of Health, and creating new ones necessary
for the completion of its goal and purpose.

‘The Center for Disease Control, as the primary agency responsible for infectious
disease prevention and elimination, is also tasked to coordinate with international
agencies with the same goal of continuously developing the nation’s disease prevention
and management.

In view of the foregoing, approval of this bill is highly and earnestly
recommended.

ASE ;
HON. ANTHONY EZ JR. MD, MBAH
‘Malasakit at Bayanihan Party List



Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session

HOUSE BILL NO. 1715

Introduced by Rep. Anthony R.T. Golez Jr. MD, MBAH

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

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

CHAPTER I
GENERAL PROVISIONS

Section 1. Title. - This Act shall be known as the “Center for Disease Control and

Prevention Act of 2022.”

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,

Sec. 3. Definition of Terms - As used in this Act, the following terms and phrases

are defined as follows:

¢ = refers to an illness resulting

(a) Communicable disease, also known as infectious dise
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;

() Contagious disease - refers to an infectious disease that can be transmitted from
person to person;

(c) Disease - refers to an illness due to a specific toxic substance, occupational exposure


(d)

(©)

1)

(h)

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;

Disense control - refers to the reduction of disease incidence, prevalence, morbidity
or mortality to a locally acceptable level as a result of deliberate efforis and
continued intervention measures to maintain the reduction;

Disease surveillance - refers to the ongoing systematic collection, analysis,
interpretation, and dissemination of outeome-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;

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 fora significant proportion of the population;
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;
Health care facility ~ refers to any institution, building, or agency or portion thereof,
whether public or private 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;

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;

Infectious disease ~ refers to 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 - refers to (i) “biological waste,” which includes blood and blood

a

products, excretions, exudates, secretions, suctioning and other body fluids, and
waste materials saturated with blood or body fluids; (ji) “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, 1. V. tubing with needles attached,
scalpel blades, lancets, breakable glass tubes, and syringes that have been
removed from their original sterile containers.

Notifiable disease - refers to a disease that, by legal requirements, must be reported

to the public health authorities;

(m) Pre-comnmunicable stage ~ refers to 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 - refers to 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 ~ refers to diseases whose
risks to public health and safety exponentially increase over time absent

intervention;

CHAPTER It
CREATION OF THE CENTER FOR DISEASE CONTROL PHILIPPINES

Sec. 4. Creation of the Center for Disease Control and Prevention. - There shall be
created a Center for Disease Control and Prevention (CDC), hereinafter referred to as
“Center,” a government agency attached to the Department of Health (DOH), 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. 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 of
the DOH are hereby subsumed into the Center:

(a) The Disease Prevention and Control Bureau

(b) The Epidemiology Bureau

(©) The Disease Emergency Management Bureau

Sec. 6. Functions of the Center. - The Center shall perform the following functions:

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

(b) Act as lead agency in developing and implementing operational programs
relating to communicable diseases;

(©) Actas the lead disease surveillance agency of the country;


(d) Conduct operational research aimed at developing and testing effective
communicable disease prevention, controt, and health promotion programs;

(e) Administers national programs to develop recommended health standards
to ensure readiness for the emergence of new communicable diseases;

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

(g) Recommend the exercise of certain powers by the President in the case of an
epidemic;

(h)_ Set the parameters for the declaration of the existence of an epidemic;

(i) Recommend such measures and policies as may be necessary to prevent the
transmission of communicable diseases;

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

(k) 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;

(I) Promote public health decisions guided by strategic information for best
possible health outcomes.

(m) 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.

(n) 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 heaith 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
pc;

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

{p) Recommend to the Council inclusions and deletions from the registry;

(q)_ Perform such other functions as may be mandated by law, or as may be duly

delegated by relevant authorities.


Sec. 7. Executive Director. - The Center shall be headed by an Executive Director

who shail 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:

(a)
(b)

©
(a)

()

6
()

(hy
@

)

(k)

(0)

ies of the Centers for Disease Control and

Manage and direct the acti
Prevention (CDC),

Provide leadership for the implementation of CDCs responsibilities related
to disease prevention and control;

Advise the Secretary of Health on policy matters concerning CDC activities;
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
cbc;

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;

Coordinate international health activities relating to disease prevention and
control;

In cooperation with DOH Regional Offices, provide or obtain technical
assistance for regional and local health departments and private and official
agencies as needed;

Provide overall direction to, and coordination of, the scientific/medical
programs of CDC;

Oversee and provide leadership for laboratory science, safety, and quality
management;

Plan, promote, and coordinate an ongoing program to assure equal
employment opportunities in CDC;

Provide leadership, coordination, and assessment of administrative

management activities;


(p) Coordinate with appropriate DOH staff offices on administrative and
program matters;

(q)_ Coordinate the consumer affairs activities for CDC; and

() Provide leadership, policy guidance, coordination, technical expertise, and
services to promote the development and implementation of the agency's

national programs

See. 8. Communicable Disease Prevention and Control Bureau. - There shail be
created the Communicable Disease Prevention and Control Bureau under the CDC with

the following functions:

(a) Develop plans, policies, programs, projects and strategies for disease
prevention and control and health protection; and

(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 under the

CDC with the following functions:

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

(1) Develop policies, standards and guidelines for the elimination of infectious
diseases;

(2) Develop plans, programs and projects to carry out preventive and control
strategies against elimination of infectious diseases;

(3) Assist and strengthen capacity to measure and analyze the burden of
elimination of infectious diseases;

(4) Provide monitoring and evaluation schemes to measure of interventions in
the prevention and control of elimination diseases;

(5) 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)

7)

(8)

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;

Promote coordination and collaboration with partner agencies and
organizations on matters pertaining to elimination of infectious diseases;
and

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

(a)

(2)

(3)

(4)

(6)

7)

Develop policies, standards and guidelines for the prevention and control
of infectious diseases;

Develop plans, programs and projects to carry out preventive and control
strategies against infectious diseases;

Assist and strengthen capacity to measure and analyze the burden of
infectious diseases;

Provide technical assistance and expert services to coliaborating and
implementing agencies on matters pertaining to the prevention and control
of infectious diseases;

Develop capability of health sector agencies and organizations in the
implementation of programs and projects related to the prevention and
control of infectious diseases;

Promote coordination and collaboration with partner agencies and
organizations on matters pertaining to infectious diseases; and

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 an Epidemiology Bureau under the

Center with the following functions:


(a) Develop and evaluate surveillance systems and other health information
systems;
(b) Collect, analyze and disseminate reliable and timely information on the health

status;

(o) Investigate discase outbreaks and other threats to public health; and
(d) Network public health laboratories in support of epidemiological and

surveillance activities.

‘There shall create the divisions under the Epidemiology Bureau with the following
functions:
(1) Applied Epidemiology Health Management Division
i, Investigate and respond to epidemics and other urgent public health

threats as the need arises;

ii, Develop and maintain field epidemiology training programs for public
health workers;

iii, Develop, capture, filter, verify, assess, respond, disseminate and
evaluate event- based surveillance systems; and

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

‘management and monitoring and evaluation in public health.

(2) Public Health Surveillance Division - Undertake notifiable disease surveillance

through Philippine Integrated Disease Surveillance and Response.

(3) Survey, Monitoring & Evaluation Division

Provide statistical services to priority health programs of the DOH;

ii, Monitoring non-behavioral risk factors priority non-communicable
diseases through globally standardized survey;

iii, Monitor HIV and AIDS Registry and Integrated HIV Behavioral and

Serologic Surveillance, size estimates and Most At Risk Population; and

iv. Provide program health indicators information

Sec. 11. Disease Emergency Management Bureau. - There shalll be created the Disease

Emergency Management Bureau under the Center with the following functions

(a) 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.

(b) Provide the communication linkage among DOH Central Office and other
concerned 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.

(d) Maintain a database of all health emergency personnel, technical experts, and
resource speakers. Together with the National Center for Health Facilities
Development (NCHFD), the DEMB shall maintain a database of capabilities of
health facilities.

(c) 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.

(9 0 Provide technical as

istance in the development of programs and planning
activities for HEM for other government and non-government organizations

(g) Lead advocacy activities, including simulation exercises.

(h) Develop and implements an Integrated Human Resource Training Agenda for the

ters

Health Sector for emergencies and di
(i) 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.
There shall be create the divisions under the Disease Emergency Management Bureau
with the following functions:

(1) Prevention, Mitigation & Preparedness Division

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

ii, Develop standardized training modules for various stakeholders on health


iii,

iv,

vie

vii.

vii

ix,

(2) Res

ii,

iii.

iv.

v.

Sec.

emergency
Develop, disseminate and update emergency preparedness programs

related and operational researches and documentation

Develop policy
relevant to health emergency preparediness 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.

i, Develop and implement an overall Monitoring and Evaluation System and
Plan for health emergency management

Lead in public information and awareness-raising activities
ponse, 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,

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

12. Research Institute of Tropical Medicine. - The Center shall absorb the

following functions and divisions under the Research Institute of Tropical Medicine

(RITM):

(a) Undertake research in the prevention, diagnosis and treatment of tropical diseas



of public health importance and to produce vaccines for the control of vaccine-
preventable diseases; and

(b) 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 cfficient strategies for the control of infectious and/or tropical

diseases

‘The RITM shall continue to perform the functions:

(1) 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.

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

(3) Develop cost effective strategies for the control of infectious/ tropical d

(4) Conduct clinical trials according to accepted Good Clinical Practice (GCP)
guidelines, aimed at better understanding and control of tropical diseases.

(5) Conduct regular training courses for medical and paramedical personnel in the
control of common tropical diseases in the country

(6) Participate in the technical cooperation programs with foreign government in

research activities in the diagnosis, control and prevention of tropical diseases:

CHAPTER SIL
REGULATIONS TO CONTROL COMMUNICABLE DISEASES

Sec. 13. 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

fected or contaminated as to be sources of

of animals or articles found to be s
dangerous infection to human beings, and other measures, as in his/her judgment may

be necessary.

Sec. 14. 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.

Sec. 15. 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. 16. Apprehension and examination of persons reasonably believed to be
infected, -

{a) 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

will

the Philippines; or (B) to be a probable source of infection to individuals

who, while infected

th 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.

(b) For purposes of this Section, the term “qualifying stage”, with respect to a
communicable disease, means that such discase—(A) is in a communicable stage:

or (B) is in a pre-communicable stage, if the disease would be likely to cause a


public health emergency if transmitted to other individuals.

Sec. 17. 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 shali designate in order to avert such danger, and for such period of time as he may

deem necessary for such purpose.

Sec. 18, 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 Heaith 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 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. 19. Quarantine regulations governing civil air navigation and civil aircraft.
- The Executive Director and the Secretary of Health are jointly authorized to provide by

ns of

regulations for the application to air navigation and aircraft of any of the provi
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. 20 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. 21. 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. 22. Health Emergency Coordination Council (HECC). — There shall be
created a Health Emergency Coordinating Council (HECO), hereinafter referred to as the

Council, composed of the following:

(a) Secretary of Health as Chairperson;

(b) The Executive Secretary as Co-Chairperson;
(©) The Executive Director of the CDCP a
(d) The Secretary of Foreign Affairs as Member;

cretary;

(e) The Secretary of National Defense as NDRRMC Chairman as Member;

() The Secretary of Interior and Local Government as Member;

(g) The Secretary of Justice as Member;

(h) The Secretary of Budget and Management as Member;

() The Secretary of Trade and Industry as Member:

) The Secretary of Agriculture as Member;

(k) The Press Secretary as Member,

() The National Security Adviser as Member.

(m) The Chairman of the Philippine Red Cross as Member;

(n) The Executive Director of the Philippine Council for Health Research and
Development as Member; and

(0) Th President of PhilHealth as Member


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 the Secretariat of the HECC.

Sec. 23. Meetings. - 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 HEC to declare a state of health emergency
upon a vote of the majority of its members. Only the council may declarea state of health

emergency which may be national, or local as defined.

Sec. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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

health.

reasonable cause to believe that it may endanger the public

Sec. 29. 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,

antibi

ics, 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. 30. 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;

(©) Develop a 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;

(c) Coordinate the logistical requirements of delivering national government
assistance to local governments in case of a public health emergency;

(8) Operate a national health emergency hotline;

(g) Serve 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. 31. 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.

(b) Act as 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;

(c) 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, 32. 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. 33. 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. 34. 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 emergency. 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


(0) 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.

Sec. 35. 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.

(0) 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 actions 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,

(0. 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. 36. 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

(b) Rationing. If a 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. If a public health
‘emergency simultaneously affects more than one state, nothing in this Section shall
be construed to allow the public health authority to obiain 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

See. 37. 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 neces

ary 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 undergo vaccination pursuant to this Section.

(b) 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.

CHAPTER V
TRACKING OF PUBLIC HEALTH EMERGENCIES
Sec. 38. 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.
(b) 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 vi

ts 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
discase 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.

(a) 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,

(c) 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.
(f)Enforcement. The CDC may enforce the provisions of this Section in accordance

with existing enforcement rules and regulations

Sec. 39. 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) Identifi
with Section 34 of this Act, or other reliable information, the CDC shall identi

ion of individuals. Acting on information developed in accordance

all individuals thought to have been exposed to an illness or health condition
that may be a potential cause of a public health emergency

(b) Interviewing of individuals. The CDC shall counsel and interview: such
individuals where needed to assist in the positive identification of exposed
individuals and develop 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 wham the ifiness or health
condition may have been contracted and to whom the illness or health condition
may have spread

(©) Examination of facilitis

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 shail be enforceable immediately.

Sec. 40. 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 shail 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 no

y public safety authorities.
¢. 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. 41. 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

teral agreements which the country may adopt to

strengthen ils information-sharing mechanisms with other countries.

CHAPTER VI
OTHER PROVISIONS

Sec. 42. Congressional Oversight Committee on Communicable Disease Control

and Prevention - To monitor the implementation of this Act, there shall bea 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 construcd as to limit the oversight powers inherently or actually possessed

by the same committees.

See. 43. 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.

Sec. 44, 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, 45. 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. 46. 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.

Sec. 47. Repealing Clause. — All other faws, acts, presidential decrees, executive
orders, presidential proclamations, 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. 48. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,