[ DOH ADMINISTRATIVE ORDER NO. 2012-0028, December 05, 2012 ]

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9271 OTHERWISE KNOWN AS THE QUARANTINE ACT OF 2004



I. BACKGROUND/RATIONALE

In July 4, 1946, the Quarantine Service was formally turned over to the Philippine Government from United States Public Health Services. The following year. Republic Act No. 123 œAn Act Prescribing the Reorganization and Operation of the Bureau of Quarantine Service and Promulgating Regulations Thereof  was approved on July 14, 1947 (Bureau of Quarantine Documents)

At the global scene, the International Sanitary Regulation (ISR) by the World Health Organization to which the Philippines is a signatory was adopted by the Fourth World Assembly in 1951. (Quarantine Regulations of 1955, International Health Regulations, 2005)

In 1969, the ISR was renamed the International Health Regulations or Regulations. The 1969 Regulations were later amended in 1973 and 1981 respectively (International Health Regulation, 2005 Bureau of Quarantine Documents)

Due to the above developments, the Quarantine Regulations to implement Republic Act 123 or the Quarantine Law was revised. The directive was issued through Administrative Order No. 188-C, entitled œRevised Quarantine Rules and Regulations , dated March 6, 1992.

In 2004, the dynamic changes occurring worldwide concerning diseases of international concern prompted the government to ratify Republic Act 9271, œAn Act Strengthening the Regulatory Capacity of the Department of Health in Quarantine and International Health Surveillance, Repealing for the Purpose RA No. 123 of 1947 . In line with this, the Implementing Rules and Regulations (IRR) of the said Republic Act were promulgated. The IRR was issued through Administrative Order No. 186, series of 2004.

On the other hand, the Forty-eight World Health Assembly in 1995 called for a substantial revision of the IHR which was adopted in 1969. And, in 2005 the Fifty-eight World Health Assembly adopted the 2005 International Health Regulation (International Health Regulation, 2005)

With these developments and in consideration of the increase in international travel and trade, and the emergence and re-emergence of international disease threats and other public health risks, there is a need to update the current Implementing Rules and Regulations of RA 9271 otherwise known as the Quarantine Act of 2004 in order to adapt to the revisions of the current IHR and the phenomenon of globalization.

In line with the strategic thrust and implementing framework of the Kalusugan Pangkalahatan (KP) or Universal Health Care (UHC) of the Department of Health, the revised Implementing Rules and Regulations will strengthen the overall performance of the Bureau in consonance with the mission and objectives of the department specifically at the Points of Entry. (POE).

II. OBJECTIVES

In order to ensure the provision of maximum security against the international spread of diseases with minimum interference to world trade and travel, the following objectives are formulated:

A. To define the standards and requisites for quarantine functions involving international and domestic operations;
B. To outline measures to respond to public health emergencies of international concern through an effective entry-exit management at points of entry;
C. To provide penalties for violations of RA 9271 in order to protect and promote the health of the public from health threats subject to the International Health Regulations; and
D. To prescribe guidelines relative to the authority to utilize income per Section 9 of Republic Act 9271 to support various Quarantine operations in safeguarding public health at point of entry.

III. SCOPE AND COVERAGE

These Rules shall apply to all conveyances, their crew or passengers and/or cargoes, whether owned by government or private entities, which shall arrive and/or depart at the points of entry within the territory of the Philippines. The Bureau of Quarantine shall have the authority to issue quarantine certificates, bills of health, and/or other equivalent documents and formulates sanitation requirements over such conveyances, wharfage, anchorage, airports and seaports for the proper enforcement of these Rules.

IV. IMPLEMENTING MECHANISM

1. Subject to these rules and regulations are intervention strategies necessary to address the mandate of providing maximum security against the introduction and spread of infectious disease in the country. The Bureau shall:

A. Conduct surveillance and institute infection control measures to prevent the entry and spread of infectious diseases through effective entry-exit management at points of entry;
B. Provide technical assistance and supervision, consulting and advisory services on health and sanitation programs in the area of responsibility;
C. Conduct medical examination of aliens/foreigners for immigration purposes;
D. Provides vaccination requirements for international travel; and
E. Ensure the maintenance of sanitary environment through close supervision and control of food safety and sanitation facilities at the catering points and food service establishment within the premises of ports and airports and within inter-island vessels.

2. The Bureau is authorized to use at least fifty (50) percent of the income generated subject to accounting and auditing rules and regulations to support the various Quarantine operations in addressing the change of health trends due to globalization and increasing volume of travel and trade.
3. The Bureau is mandated to provide stiffer penalties to violations of the provisions of the implementing Rules and Regulations in order to prevent breaches in public health security.

V. REPEALING CLAUSE:

This Administrative Order shall rescind Administrative Order No. 186 series of 2004 and other issuances that are inconsistent or contrary to the provisions of this Order.

VI. EFFECTIVITY:

This Order shall take effect fifteen (15) days following the date of its publication in a newspaper of general circulation.

(SGD.) ENRIQUE T. ONA, MD, FPCS, FACS
Secretary of Health