EXECUTIVE ORDER NO. 292 [BOOK IV] (TITLE IX)

Title IX

HEALTH

CHAPTER 1

GENERAL PROVISIONS

Section 1. Declaration of Policy. - The State shall protect and promote the right to health of the people and instill health consciousness among them; adopt an integrated and comprehensive approach to health development, with priority for the underprivileged sick, elderly, disabled, women and children; endeavor to make essential goods, health and other social services available to all the people at affordable cost; establish and maintain an effective food and drug regulatory system; and undertake appropriate health manpower development and research, responsive to the country's health needs and problems.

Section 2. Mandate. - The Department shall be primarily responsible for the formulation, planning, implementation, and coordination of policies and programs in the field of health. The primary function of the Department is the promotion, protection, preservation or restoration of the health of the people through the provision and delivery of health services and through the regulation and encouragement of providers of health goods and services.

Section 3. Powers and Functions. - The Department shall:

• (1) Define the national health policy and formulate and implement a national health plan within the framework of the government's general policies and plans, and present proposals to appropriate authorities on national issues which have health implications;

• (2) Provide for health programs, services, facilities and other requirements as may be needed, subject to availability of funds and administrative rules and regulations;

• (3) Coordinate or collaborate with, and assist local communities, agencies and interested groups including international organizations in activities related to health;

• (4) Administer all laws, rules and regulations in the field of health, including quarantine laws and food and drug safety laws;

• (5) Collect, analyze and disseminate statistical and other relevant information on the country's health situation, and require the reporting of such information from appropriate sources;

• (6) Propagate health information and educate the population on important health, medical and environmental matters which have health implications;

• (7) Undertake health and medical research and conduct training in support of its priorities, programs and activities;

• (8) Regulate the operation of and issue licenses and permits to government and private hospitals, clinics and dispensaries, laboratories, blood banks, drugstores and such other establishments which by the nature of their functions are required to be regulated by the Department;

• (9) Issue orders and regulations concerning the implementation of established health policies; and

• (10) Perform such other functions as may be provided by law.

Section 4. Organizational Structure. - The Department shall consist of the Department Proper, National Health Facilities, Regional Offices, Provincial Health Offices, District Health Offices and Local Health Agencies.

CHAPTER 2

DEPARTMENT PROPER

Section 5. Department Proper. - The Department Proper shall be composed of the Office of the Secretary, the Office for Management Services, the Office for Public Health Services, the Office for Hospital and Facilities Services, the Office for Standards and Regulations, and the Executive Committee for National Field Operations.

Section 6. Office of the Secretary. - The Office of the Secretary shall be composed of the Secretary of Health and his immediate staff; the undersecretary acting as Chief of Staff in the Office of the Secretary; the Assistant Secretary for Legal Affairs; the Assistant Secretary for Financial, Operations and Front Line Services Audit; and the Staff Services for the Secretary.

Section 7. Duties of the Undersecretary Acting as Chief of Staff . - The Undersecretary acting as Chief of Staff in the Office of the secretary, shall supervise the Assistant Secretary for Legal Affairs, the Assistant Secretary for Financial Operations, and Front Line Services Audit, and the Staff Support Services to the Secretary; and head the secretariat of the Executive Committee for National Field Operations.

Section 8. Duties of the Assistant Secretary for Legal Affairs. - The Assistant Secretary for Legal Affairs shall head the office that shall provide the Secretary with legal advice on all policy, program and operational matters of the Department; act as Counsel for the Department in cases in which it is a party; handle administrative cases against Department personnel and submit recommendations pertaining thereto; and review legislative proposals.

Section 9. Duties of the Assistant Secretary for Financial Operation. - The Assistant Secretary for Financial Operations, and Front Line Services Audit shall head the office that shall monitor the Department's financial affairs, internal operations, and the delivery of frontline services with a view to assuring the integrity of the Department's financial operations and the requirements of the Commission on Audit; optimizing the internal operating efficiency of the Department and its field offices; and ensuring that the Department's constituencies are provided front line services from the Department with the adequacy, quality, and efficiency that they are entitled to.

Section 10. The Staff Support Services. - The following Staff Support Services shall undertake such staff services intended to assist the Secretary in performing his functions;

• (1) Community Health Service which shall provide services related to formulating and implementing plans and programs for coordinating with local governments and non-government organizations in health related activities, programs and projects;

• (2) Public Information and Health Education Service which shall provide services related to formulating and implementing plans, programs, and projects for public education on health and for the timely and accurate public communication of Department policy on health issues;

• (3) Health Intelligence Service which shall provide services related to the formulation of disease intelligence, assessment of the state of health of the country and development and maintenance of effective and comprehensive health information system to support planning and implementation of health programs;

• (4) Internal Planning Service which shall provide the Department with necessary services related to planning, programming and project development;

• (5) Foreign Assistance Coordination Service which shall provide staff services related to the development, coordination, monitoring, reporting and assessment of foreign assisted projects of the Department.

Section 11. Undersecretaries. - The Secretary shall be assisted by five (5) Undersecretaries who shall exercise the following functions;

• (1) Advise the Secretary in the promulgation of Department orders, administrative orders and other issuances;

• (2) Exercise supervision and control over the offices, services, operating units and individuals under their authority and responsibility;

• (3) Recommend the promulgation of rules and regulations, consistent with Department policies, that will effectively implement the activities of operating units under their authority and responsibility;

• (4) Coordinate the functions and activities of the units under their authority with that of the Undersecretaries and regional health directors;

• (5) Exercise delegated authority on substantive and administrative matters related to the functions and activities of agencies under their office to the extent granted by the Secretary through administrative issuances;

• (6) Perform such other functions as may be provided by law or appropriately assigned by the Secretary.

CHAPTER 3

DEPARTMENT SERVICES

Section 12. Office for Management Services. - The Office for Management Services, headed by an Undersecretary who shall be supported by an Assistant Secretary, shall include six (6) staff services involved in providing support services to the Department Proper, field offices and attached agencies, which are as follows:

• (1) Financial Services which shall provide the Department with staff advice and assistance on accounting, budget and financial matters; supervise the coordinated preparation and implementation of annual and long term financial and work plan and budget estimates; conduct periodic department-wide performance and financial reviews; and design and implement improvements in financial management systems, procedures and practices;

• (2) Management Advisory Service which shall provide staff advice and assistance on internal control and management system improvement, including management information systems; supervise the establishment of a management accounting system, control procedures and management information systems for improved decision-making;

• (3) Health Manpower Development and Training Service which shall formulate plans, policies, standards and techniques for the effective and efficient manpower development and training of Department personnel; provide consultative, training and advisory services to implementing agencies; conduct studies and research related to health manpower development and training; and develop plans and programs for improved recruitment, deployment, development, and maintenance of personnel;

• (4) Procurement and Logistics Service which shall undertake the central procurement of the health care products and supplies needed by the Department and its field offices which are not produced by or beyond the production capacity of its in-house production facilities; and ensure the proper, adequate and timely flow of health products and services to the Department's field offices;

• (5) Biological Production Services which shall formulate plans, policies, programs, standards and techniques for the processing, manufacture, standardization, and improvement of biological products for Department use; manufacture vaccines, sera, anti-iodins, and other biologicals; provide consultative training and advisory services to implementing agencies; and conduct studies and research related to biological production, distribution and use;

• (6) Administrative Service which shall provide the Department with efficient and effective services relating to personnel, records, collections, disbursements, security, custodial work, and other general services not covered by the preceding Services.

CHAPTER 4

OFFICES AND BUREAUS

Section 13. Office for Public Health Services. - The Office for Public Health Services, headed by an Undersecretary, shall include ten (10) staff services involved in policy formulation, standards development, programs development, and program monitoring of disease control and service delivery programs implemented by the field offices. The Undersecretary for Public Health Services, who shall be supported by an Assistant Secretary, shall supervise the following:

• (1) Maternal and Child Health Services which shall formulate plans, policies, programs, standards and techniques relative to maternal and child health; provide consultative training and advisory services to implementing agencies; and conduct studies and research related to health services for mothers and children;

• (2) Tuberculosis Control Service which shall formulate plans, policies, programs, standards and techniques relative to control morbidity and mortality from tuberculosis; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to tuberculosis;

• (3) Family Planning Service which shall formulate plans, policies, programs, standards and techniques relative to family planning in the context of health and family welfare; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to family planning;

• (4) Environmental Health Service which shall formulate plans, policies, programs, standards and techniques relative to environmental health and sanitation; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to environmental health;

• (5) Nutrition Service which shall formulate plans, policies, programs, standards and techniques relative to nutrition services in the context of primary health care, provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to Nutrition;

• (6) Dental Health Service which shall formulate plans, policies, programs, standards and techniques relative to dental health services; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to dental services.

• (7) Malaria Control Service which shall formulate plans, policies, programs, standards and techniques relative to the control of malaria; provide consultative, training and advisory services to implementing agencies; and conduct studies and research to malaria and its control;

• (8) Schistosomiasis Control Service which shall formulate plans, policies, programs, standards and techniques relative to the control of schistosomiasis; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to schistosomiasis and its control;

• (9) Communicable Disease Control Service which shall formulate plans, policies, programs, standards and techniques relative to the control of communicable diseases, other than the major causes or mortality and morbidity, such as leprosy, sexually transmitted diseases, filariasis and others; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to these other communicable diseases;

• (10) Non-communicable Disease Control Services which shall formulate plans, policies, programs, standards and techniques relative to the control of non-communicable diseases; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to mental illness, cardiovascular-diseases, cancer, other non-communicable diseases, and occupational health.

Section 14. Office for Hospital and Facilities Services. - The Office for Hospital and Facilities Services, headed by an Undersecretary who shall be supported by an Assistant Secretary, shall include four (4) staff services involved in policy formulation, standards development, program monitoring and provision of specialized assistance in the operations of hospitals and the management of facilities, which are as follows:

• (1) Hospital Operations and Management Service which shall formulate and implement plans, programs, policies, standards and techniques related to management improvement and quality control of hospital operations; provide consultative, training and advisory services to field offices in relation to the supervision and management of hospital components; and conduct studies and research related to hospital operations and management;

• (2) Radiation Health Service which shall formulate and implement plans, policies, programs, standards and techniques to ensure radiation health safety; provide consultative, monitoring, training and advisory services to private and government facilities with radiation-emitting apparatus; and conduct studies and research related to radiation health;

• (3) Hospital Maintenance Service which shall formulate and implement plans, programs, policies, standards and techniques related to assuring the proper maintenance of Department equipment; provide consultative, training and advisory services to implementing agencies in relation to preservation, repair and maintenance of medical and non-medical equipment of the Department; and conduct studies and research related to equipment and facility maintenance;

• (4) Health Infrastructure Service which shall formulate and implement plans, policies, programs, standards and techniques related to development and preservation of health infrastructure; provide consultative, training and advisory services to implementing agencies in relation to infrastructure projects to assure economical and efficient implementation; and conduct studies and research related to infrastructure development and utilization.

Section 15. Office for Standards and Regulations. - The Office for Standards and Regulations, headed by an Undersecretary and supported by an Assistant Secretary, shall include three (3) bureaus and one (1) national office that shall be responsible for the formulation of regulatory policies and standards over the various areas of concern in the health sector, whose implementation shall be the general responsibility of the Department's regional field offices. The same bureaus shall also be responsible for those areas of activity covered by regulatory policy to provide the Secretary with current information on the status of these regulated areas of activity and to provide the Secretary with a basis for preliminary evaluation of the efficiency of the Department's field offices in performing their regulatory functions. The same bureaus shall conduct studies and research pertinent to their areas of responsibility . In certain instances the bureaus may also perform consultative, training and advisory services to the practitioners and institutions in the area of regulated activity. The same bureaus and national office are the following:

• (1) Bureau of Research and Laboratories which shall develop and formulate plans, standards and policies for the establishment and accreditation and licensing of laboratories; blood banks and entities handling biological products, provide consultative, training and advisory services to public and private laboratories; and conduct studies and research related to laboratory procedures and operations;

• (2) Bureau of Food and Drugs which shall act as the policy formulation and sector monitoring arm of the Secretary on matters pertaining to foods, drugs, traditional medicines, cosmetics and household products containing hazardous substances, and the formulation of rules, regulations and standards in accordance with Republic Act 3720 (1963), as amended by Executive Order No. 175, s. 1987, and other pertinent laws for their proper enforcement; prescribe general standards and guidelines with respect to the veracity of nutritional and medicinal claims in the advertisement of food, drugs and cosmetics in the various media, to monitor such advertisements; advise the Department's field offices to call upon any erring manufacturer, distributor, or advertiser to desist from such inaccurate or misleading nutritional or medicinal claims in their advertising; should such manufacturer, distributor, or advertiser refuse or fail to obey the desistance order issued by the Bureau, he shall be subject to the applicable penalties as may be prescribed by law and regulations; the Bureau shall provide consultative, training and advisory services to all agencies and organizations involved in food and drug manufacturing and distribution with respect to assuring safety and efficacy of food and drugs; conduct studies and research related to food and drug safety; maintain a corps of specially trained food and drugs inspectors for assignment to the various field offices of the Department; while these inspectors shall be under the technical supervision and guidance of the Bureau, they shall be under the administrative supervision of the head of the field office to which they shall be assigned, the latter being responsible for regulatory program implementation within the geographic area of his jurisdiction;

• (3) Bureau of Licensing and Regulation which shall formulate policies and establish the standards for the licensing and regulation of hospitals, clinics and other health facilities; establish standards that shall be the basis of inspections and licensure procedures of the Department's field offices; and provide consultative, training and advisory services to field offices on the conduct of licensing and regulatory functions over hospitals, clinics and other health facilities.

• (4) National Quarantine Office which shall formulate and implement quarantine laws and regulations and, through its field offices, exercise supervision over rat-proof zones in designated international ports and airports and over medical examination of aliens for immigration purposes.

CHAPTER 5

FIELD OFFICES

Section 16. Office for National Field Operations. - The Office for National Field Operations, through an Executive Committee, shall supervise the operations of the various Regional Field Offices and the National Health Facilities, as enumerated in Section 17(3) and further described in Sections 18, 19 and 20 hereof.

Section 17. Department Field Offices. - The Department field offices, under the supervision and control of the Executive Committee for National Field Operations, shall be composed of the following:

• (1) Regional Health Offices (other than the National Capital Region) and subordinate units that include regional medical centers, regional hospitals, provincial health offices including component hospitals and district health offices, city health offices;

• (2) Regional Health Office for the National Capital Region: Municipal Health Offices of Makati, Mandaluyong, Pasig, Marikina, Las Piñas, Muntinlupa, San Juan, Valenzuela, Navotas, Malabon, Parañaque, Taguig, Pateros;

• (3) National Health Facilities which are health facilities classified as National Health Resources because their services and activities accrue to the whole country's health care and infrastructure. These facilities are of two classifications: National Medical Centers and the Special Research Centers and Hospitals, which are attached to the Department:

  • (a) National Medical Centers: San Lazaro Hospital, Tondo Medical Center, Jose Fabella Memorial Hospital, Quirino Memorial Hospital, Rizal Medical Center, National Children's Hospital, Jose Reyes Memorial Medical Center and the East Avenue Medical Center.

  • (b) Special Research Centers and Hospitals; Philippine Heart Center, Lung Center of the Philippines, National Orthopedic Hospital, National Center for Mental Health, Research Institute for Tropical Medicine, National Kidney Institute, and the Philippine Children's Medical Center.

Section 18. Regional Health Offices. - The Department is authorized to establish, operate, and maintain a Department-wide Regional Office, in each of the administrative regions of the country, under the supervision of an Executive Committee chaired by the Secretary. Each Regional Office shall be headed by a Regional Director to be appointed by the President, and supported by an Assistant Regional Director. The appointment of the Regional Director and Assistant Regional Director shall be to the Department-at-large and assignment shall be by administrative issuances of the Secretary. The Regional Health Office shall be responsible for the field operations of the Department in its administrative region and for providing the region with efficient and effective health and medical services. It shall supervise all Department agencies in its administrative region including whatever medical centers, regional hospitals, sanitaria, provincial health officers and city health offices are located in the region except those placed under the Department Proper.

In addition to the foregoing, a Regional Office shall have within its administrative region, the following functions:

• (1) Implement laws and rules, regulations, policies, plans, programs and projects of the Department in the region;

• (2) Provide efficient and effective health and medical services to the people;

• (3) Coordinate with regional offices of other departments, offices, and agencies in the region;

• (4) Coordinate with local government units; and

• (5) Perform such other functions as may be provided by law.

Section 19. Provincial Health Office. - The Provincial Health Office shall be the Department agency in the province. It shall exercise supervision and control over district health offices and other field units of the department in the province, except those otherwise placed under the Department Proper or directly under the Regional Health Office.

The Provincial Health Office shall be headed by a Provincial Health Officer. Depending on the size, population, and health facilities of the province as well as budgetary provisions, a province may have one Assistant Provincial Health Officer assisting the Provincial Health Officers, or two Assistant Provincial Health Officers, one assisting the Provincial Health Officer in public health activities and the other assisting in hospital operations. The Provincial Health Officers and Assistant Provincial Health Officers shall be appointed by the Secretary to a region, and their assignment to a province shall be made by the Secretary on recommendation of the Regional Health Director.

Section 20. District Health Office. - The District Health Office shall exercise supervision and control over district hospitals, municipal hospitals, rural health units, barangay health stations and all other Department units in the health district, except those otherwise placed directly under the Provincial Health Office, or Regional Health Office, or the Department Proper.

The District Health Office shall be headed by a District Health Officer who shall also serve as the Chief of the district hospital as well as the head of all field units in the district. District Health Officers shall be appointed by the Secretary to a region, and their assignments shall be made by the Secretary on the recommendation of the Regional Health Director.

Section 21. Local Health Agencies. - The Department shall review and monitor the establishment, operation and maintenance of health agencies funded by local governments. Proposals for integrating locally funded health agencies under the supervision and control of the Department without regard to the sourcing of funds shall be made by the Department for the appropriate local government's approval. Any such agreement shall be allowed and, whenever possible, funding from national sources may be extended to achieve a nationally integrated government health service under the Department.

Section 22. City Health Officers. - The City Health Officers and Assistant City Health Officers shall be appointed by the Secretary. Their compensation shall be paid out of national funds.

Section 23. Delegation of Power by Secretary. - The Secretary shall have the authority to delegate such substantive and administrative powers and authority as may be necessary to the heads of the Regional Health Offices, in addition to such administrative authority as have been mandated for delegation for all Departments by the President. The Secretary shall also delegate such powers and authority to the heads of the Provincial Health Offices and those of other subordinate units of the Regional Health Offices as in his sound judgment would make for a more efficient and effective administration of health and medical services.

CHAPTER 6

ATTACHED AGENCIES

Section 24. Attached Entities. - The Philippine Medical Care Commission and the Dangerous Drugs Board shall be attached to the Department and shall continue to operate and function in accordance with the law creating them, except as otherwise provided in this Code.

Section 25. The Philippine Medical Care Commission. - The Philippine Medical Care Commission shall be composed of the Secretary of Health as Chairman, an Undersecretary of Health designated by the Secretary as Vice-Chairman, and the following members: the Administrator of the Social Security System, the President and General Manager of the Government Service Insurance System, the Secretary of Finance, the Secretary of Local Government, the Secretary of Labor and Employment, and four (4) other members representing the beneficiaries, the private employers, the physicians and the hospitals. The four other members shall be appointed by the President of the Philippines for a term of six (6) years.

The ex officio members may designate their representatives who shall exercise the plenary powers of their principals as well as enjoy the benefits available to the latter.

Section 26. The Dangerous Drugs Board. - The Dangerous Drugs Board shall be composed of the Secretary of Health, who shall be ex officio chairman, an Undersecretary of Health designated by the Secretary, who shall be ex officio Vice-Chairman, an Executive Director and the following members: the Secretary of Justice or his representative; the Secretary of National Defense or his representative; the Secretary of Education or his representative; the Secretary of Finance or his representative; and the Secretary of the Department of Social Welfare and Development or his representative. The Director of the National Bureau of Investigation shall be the permanent consultant of the Board.