Mandatory Infants and Children Health Immunization Act of 2011

June 21, 2011

REPUBLIC ACT NO. 10152

AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND CHILDREN, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 996, AS AMENDED

SECTION 1. Title. — This Act shall be known as the "Mandatory Infants and Children Health Immunization Act of 2011". TSHcIa

SECTION 2. Declaration of Policy. — In accordance with Article II, Section 15 of the Constitution, it is hereby declared to be the policy of the State to take a proactive role in the preventive health care of infants and children. Towards this end, the State shall adopt a comprehensive, mandatory and sustainable immunization program for vaccine-preventable diseases for all infants and children.

SECTION 3. Coverage. — The mandatory basic immunization for all infants and children provided under this Act shall cover the following vaccine-preventable diseases:

(a) Tuberculosis;

(b) Diphtheria, tetanus and pertussis;

(c) Poliomyelitis;

(d) Measles;

(e) Mumps;

(f) Rubella or German measles;

(g) Hepatitis-B;

(h) H. Influenza type B (HIB); and

(i) Such other types as may be determined by the Secretary of Health in a department circular.

The mandatory basic immunization shall be given for free at any government hospital or health center to infants and children up to five (5) years of age.

Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to all infants born in hospitals, health infirmaries, health centers or lying-in centers with obstetrical and pediatric services, whether public or private, within twenty-four (24) hours after birth: Provided, however, That in cases of infants born in places other than the above, any duly licensed physician, nurse or midwife who delivers, or assists in the delivery of the newborn shall be responsible for administering the vaccine to the latter: Provided, further, That for deliveries assisted by persons other than the health professionals mentioned above, the infant should be brought to any available health care facility so as to be immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than seven (7) days: Provided, finally, That subsequent doses of Hepatitis-B vaccination shall be completed according to the recommended schedule of Hepatitis-B immunization, as may be provided in the implementing rules and regulations to be issued by the Department of Health (DOH). IESTcD

SECTION 4. Education and Information Campaign. — All health care practitioners or health care workers who are administering prenatal care shall educate all pregnant mothers on the importance of giving their infants the basic immunization services as well as any possible effects of immunization.

The DOH, other government agencies, nongovernment organizations, professional and academic societies, and local government units shall make available appropriate information materials and shall have a system of its distribution to the public.

SECTION 5. Obligation to Inform. — Any physician, nurse, midwife, nursing aide or skilled birth attendant, who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform parents or legal guardian of the newborn of the availability, nature and benefits of immunization against Hepatitis-B and other vaccine-preventable diseases at birth.

SECTION 6. Continuing Education and Training of Health Personnel. — The DOH, with the assistance of local government units, academe, professional societies and nongovernmental organizations, shall undertake continuing information, education and training programs for all health personnel on the rationale and benefits of as well as modern procedures for immunization of infants and children against vaccine-preventable diseases.

SECTION 7. Appropriations. — The amount necessary to carry out the implementation of this Act shall be charged against the current year's appropriations for expanded program on immunization of the DOH. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization services in its benefit package.

SECTION 8. Implementing Rules and Regulations. — The DOH, in consultation with the National Immunization Committee, shall issue the implementing rules and regulations within ninety (90) days after the approval of this Act. DHTCaI

SECTION 9. Separability Clause. — If, for any reason, any part or provision of this Act shall be declared unconstitutional or invalid, the remaining provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: June 21, 2011.