THIRTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
SENATE 
. 
.
/
 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The 1987 Constitution provides that, "The State shall protect and advance the right of the 
people to a balanced and healthfd ecology in accord with the rhythm and harmony of nature, and 
shall protect and promote the right to health of the people, and instill health consciousness ainoiig 
them." In this regard, environmental awareness in the Philippines has increased in the past few 
years. However, this increasing awareness has not been extended to the dangers posed by medical 
wastes. 
The facts on medical waste are cliilling. About forty (40) tons of medical waste are 
generated everyday in Metro Manila alone. Ninety-two percent (92%) of the sixty-four (64) 
goveniinent and private hospitals surveyed by the Presidential Task Force on Waste Management 
dispose of their wastes through the city or municipal refhe disposal system. Only 9.4% of the 
hospitals surveyed incinerate pathological wastes and only 7.8% incinerate infectious waste. 
Radioactive waste are stored and allowed to decay by most of the hospitals surveyed. Chemical 
wastes are disposed of into siiilts or water closets or through hospital septic tanks and sewer 
lines. 
The danger posed to our people's health and environment by the unregulated management 
of medical waste is a real and ever present threat. Hospital incinerators can emit more dioxin and 
other hazardous pollutants than any other type of incinerator because of the type of waste they 
treat. Landfills, garbage dumps, and open pits attract scavengers, and medical wastes like 
syringes carelessly dumped therein can prick any of those scavengers. This could easily hasten 
the spread of the mucli-dreaded AIDS disease, as well as other communicable diseases. 
This bill, hence, seeks to regulate medical wastes by empowering the Secretary of Health 
to establish acceptable standards for its management and disposal. It likewise strengthens the 
ability of the Department of Health in dealing with the issue of medical waste management, and 
impose stiff penalties for the mindless disposal of dangerous medical waste. 
MANUEL B. V 


L 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
719 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT PROVIDING FOR THE REGULATION AND DISPOSAL OF MEDICAL 
WASTES, DECLARING CERTAIN ACTS UNLAWFUL, PRESCRIBING PENALTIES 
THERETO, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
ass em b led: 
SECTION 1. Short Title. - This Act shall be known and referred to as the "Medical Waste 
Control Act of 2004." 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State, in 
accordance with the mandate of the Constitution, to protect and advance the right of the people 
to a balanced and healthful ecology in accord with the rhythm and harmony of nature, and to 
promote the right to health of the people. To this end, the State shall provide for a comprehensive 
program for the management, collection, and disposal of medical waste. 
SECTION 3. Definition of Terms. - For purpose of this Act: 
a. "Department" - shall refer to the Department of Health (DOH); 
b. "Generator" - shall refer to the hospital, clinic or other facility which produces medical 
waste; 
c. "Medical waste" - shall refer to any solid or liquid waste which is generated in the 
diagnosis and treatment of human beings or animals, in research pertaining thereto, or 
in the production or testing of biologicals. The term shall include, but shall not be 
limited to, each of the following types ofwaste: 


i. Cultures and stocks of infections agents and associated biologicals, including cultures 
from medical and pathological laboratories, cultures and stocks of infectious agents 
from research and industrial laboratories, wastes from the production of biologicals, 
discarded live and attenuated vaccines, and culture dishes and devices used to transfer, 
inoculate, and mix cultures; 
ii. Waste human blood and products of blood, including serum, plasma, and other blood 
components; 
iii. Sharp objects that have been used in patient care or in medical, research, or 
industrial laboratories, including hypodermic needles, syringes, Pasteur pipettes, broken 
glass, and scalpel blades; 
iv. Contaminated animal carcasses, body parts, and bedding of animals that were 
exposed to infectious agents, during research, production of biologicals, or testing of 
pharmaceuticals; 
v. Wastes from surgery or autopsy that were in contact with infectious agents, including 
soiled dressings, sponges, drapes, lava a tubes, drainage sets, enderpads, and surgical 
gloves; 
vi. Dialysis wastes that were in contact with the blood of patients undergoing 
hemodialysis, including contaminated disposable equipment and supplies such as 
tubing, filters, disposabl sheets, towels, gloves, aprons, and laboratory coats; 
vii. Discarded medical equipment and parts that were in contact with infectious agents; 
viii. Laboratoiy wastes from medical, pathological, pharmaceutical, or other research, 
commercial or industrial laboratories that were in contact with infectious agents, 
including slides and cover slips, disposable gloves, laboratory coats, and aprons; 


ix. Biological waste and discarded materials contaminated with blood, excretion, 
exudates or secretion from human beings or animals who are isolated to protect others 
froin coinmuiiicab le diseases ; 
x. Such other waste inaterial that results from the administration of medical care to a 
patient by a health care provider and is found by the Department to pose a threat to 
human health or tlie environment. 
d. "Secretary" - shall refer to the Secretary of Health or his duly authorized representatives. 
SECTION 4. Lead Agency. - The Department shall be responsible for the implementation 
and enforcement of the provisions of this Act. To his end, the Department, through the Secretary, 
shall have the following powers and functions: 
a. Formulate and develop a comprehensive program for the management, collection and 
disposal of medical waste which all local government units have to comply with. The program 
shall iiiclude tlie establishment of standards regulating the generation and disposal of medical 
waste which, in the judgment of tlie Secretary, are necessary to protect public health and welfare. 
In foiinulating the program, the Secretary shall give emphasis to environmentally-sound, 
ecologically-safe, and cost-efficient methods; 
b. Establish regional medical waste treatment and disposal facilities or if it is more 
practicable, to develop a network of shared medical waste treatment facilities and gradually 
phase-out unsafe on-site disposal facilities in hospital grounds; 
c. Conduct a comprehensive Medical Waste Management (MWM) study of all hospitals 
nationwide to properly appraise actual needs and problems, and to determine specific areas for 
improvement or teclinical assistance. 
d. Develop a waste audit or assessment protocol for hospitals and o her health facilities; 


e. Require the implementation of an approved MWM program as a condition for licensing 
of hospitals and other health facilities. For this purpose, the Department's hospital performance 
evaluation system shall include an assessment of the MWM program; 
f. Formulate, revise, and from time to time update, a Manual on Medical Waste 
Management and distribute copies to all government and private hospitals, clinics, laboratories, 
research offices, phaimacies, ftineral parlors and other institutions; 
g. Monitor the disposal and transport of medical wastes; 
11. Exercise visitorial and enforcement powers to ensure strict compliance with this Act; 
i. Issue rules and regulations to effectively implement the provisions of this Act; and 
j. Perform such other powers and functions necessary to achieve the objectives of this Act. 
SECTION 5. Role of Local Government Units. - All local government units shall, pursuant 
to national policies, the relevant provisions of the Local Government Code and subject to the 
review of the Department, shall play a complementary role in the enforcement of the provisions 
of this Act. The local government units shall design and submit to the Department their own 
MWM plans that impose limitations or criteria on existing or potential generators within their 
jurisdictional boundaries. 
If the Department finds the local government unit procedures adequate, it shall recommend 
implenientatioii of the plan: Provided, That the Department shall maintain its authority to 
independently inspect the enforcement procedure adopted: Provided, fLirther, That the 
Department shall have the power to take over all or parts of a local government program if the 
local government unit concerned lacks the capability to carry out their plans, or if it fails to meet 
or fairly enforce the standards set by the Department. 
SECTION 6. Visitorial Powers of the Secretary or his Duly Authorized Representatives. - 
The Secretary of his duly authorized representative shall have access to, and the right to copy 
therefrom, the records required to be maintained pursuant to the provisions of this Act. The 


Secretary or his duly autliorized representative shall likewise have the right to enter the premises 
of any medical waste generator, transporter, incinerator or such other disposal facility at any time 
of the day or night to question any employee or investigate any fact, condition or matter which 
may be necessary to determine any violation or which may aid in the effective enforcement of 
this Act and its implementing rules and regulations. 
SECTION 7. Enforcement Powers of the Secretary. - The Secretary or his duly authorized 
representative shall liave tlie power to order and administer, after due notice and hearing, 
compliance with the provisions of this Act and the implementing rules and regulations issued 
pursuant thereto. The Secretary may likewise order the suspension of operation of any generator 
when non-compliance with this Act or its implementing rules and regulations poses grave and 
imminent danger to the health and safety of the public Within twenty-four (24) hours froin tlie 
order of suspension; a hearing shall be conducted to determine whether the order suspending the 
operations of the generator shall be lifted or made permanent. 
SECTION 8. Monitoring the Transport of Medical Waste. - The comprehensive program of 
the Department shall provide for the close monitoring of tlie transport of medical waste from the 
generator to the disposal facility, including a mechanism which shall provide tlie generator with 
assurance that the waste is actually received by said disposal facility: Provided, That tlie medical 
waste generated should be source-separated and contained in appropriately labeled containers to 
eiisure protection from exposure to waste handlers and the public. 
SECTION 9. Relationship with other Government Agencies and Non-Government 
Organizations. - In the implementation of this Act, the Secretary may, as the need arises, call on 
any government agency for assistance in the form of beefing up of personnel, facilities, and other 
resources. The Secretary may likewise deputize any law-enforcement o officer to render 
assistance in the enforcement of its directives or orders. 
The Secretary may also enjoin non-governmental organizations (NGOs), academic 
institutions, and other private groups to actively participate in the implementation of this Act. 


SECTION 10. Injunction Prohibited. - No court other than the. Court of Appeals or the 
Supreme Court shall issue any temporary or permanent injunction or restraining order or 
otherwise assume jurisdiction over any case involving the enforcement orders issued by the 
Secretary in accordance with this Act. 
SECTION 11. Prohibited Acts. - The following acts and omissions shall be considered 
un 1 aw fLi 1 : 
a. Any person who ltnowingly violates the requirements or regulations issued pursuant to 
this Act; 
b. Any person who knowingly omits material information or inaltes any false material 
statement or representation in any record, report, or other document filed, maintained, or used for 
purposes of compliance with this Act or the implementing rules and regulations issued pursuant 
thereto; 
c. Any person who knowingly generates, stores, transports, disposes of, or otherwise 
handles any medical waste in violation of the provisions of this Act and its implementing rules 
and regulations; 
d. Any person who knowingly destroys, alters, conceals, or fails to file any record, report, 
or other document required to be maintained or filed for purposes to compliance with this Act or 
the rules and regulations issued pursuant thereto; 
e. Any person who obstmcts, impedes, delays or otherwise renders ineffective the orders of 
the Secretary or his duly authorized representatives issued pursuaiit'to the authority granted under 
this Act. 
SECTION 12. Penalty. - Any person who violates the provisions of this Act, or its 
impleineiiting rules and regulations, shall, upoii conviction, be punished with a fine a of not less 
tlian Two Hundred Thousand Pesos (P200,OOO.OO) but not inore tlian Five Hundred Thousand 


Pesos (P500,OOO.OO) or imprisonment of not less than six (6) years but of more than ten (10) 
years, or both, at the discretion of the Court. 
If the offense is corninitted by a corporation, partnership, or other juridical entity duly 
organized in accordance with law, the chief executive officer, president, general manager, 
managing partner or such other officer-in-charge of the business operations shall be liable for the 
coinrnission of the offense penalized under this Act. 
If the offender is an alien, he shall, after service of the sentence prescribed above be 
deported without further administrative proceedings. 
SECTION 13. Damages. - Any person who violates any of these provision or fails to 
comply with the provisions of this law or its implementing rules and regulations, or any order or 
decision of the Secretary or his duly authorized representative promulgated pursuant to this Act, 
thereby causing any ham, injury, illness or death to any person, or damage to property shall, in 
addition to the penalties herein provided, be liable to pay the Government or the person adversely 
affected actual or compensatory damages. 
SECTION 14. This Act shall take effect upon its approval. 
Approved.