13/10/2020
Prohibited Acts under the 2020 Revised Implementing Rules and Regulations of RA 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act
PROHIBITED ACTS AND PENALTIES
Section 1. Prohibited Acts. - The following shall be prohibited under this IRR:
a.) Unauthorized disclosure of private and confidential information pertaining to a patient’s medical condition or to any advice or treatment given to a patient considered privileged communication in accordance with existing laws, rules and regulations.
Consistent with the Data Privacy Act of 2012, the reporting of information to public health authorities by the persons or entities mandated to notify under Rule VI of this IRR shall not be considered a violation of this provision. Relevant issuances as may
be promulgated by the DOH and other relevant agencies in coordination with the National Privacy Commission shall be applicable. Neither shall the disclosure of private and confidential information upon order issued by a court of competent jurisdiction be considered a violation thereof.
b.) Tampering of records relating to notifiable diseases or health events of public health concern, which includes identification documents or passes and other similar documents for the movement of cargoes and passage of persons, official medical test
results or medical certificates, or such other documents and records issued by public health authorities in connection therewith.
c.) Intentionally providing misinformation by:
i. Deliberately providing false or misleading information/details in the required official forms such as but not limited to the CIF, CRF, or Events-Based Surveillance Form; or
ii. Creating, perpetrating, or spreading false information about the notifiable disease or health event of public health concern in any form of media, such as information having no valid or beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion.
d.) Non-operation of the disease surveillance and response systems by responsible persons or entities mentioned under this IRR shall be considered a violation of this provision.
e.) Non-cooperation of persons and entities that should report notifiable diseases or health events of public concern, which can be any of the following acts:
i. Failure of persons and entities mentioned in Rule VI, Section 2 of this IRR to comply with mandatory reporting of notifiable diseases or health events of public concern; or
ii. Failure of persons and entities mentioned in Rule VI, Section 2 of this IRR to grant public health authorities timely access to information of persons infected with or suspected of having notifiable disease or health events of public health concern.
f.) Non-cooperation of persons and entities that should respond to notifiable diseases or health events of public concern, which can be any of the following acts:
i. Failure on the part of entities required to establish ESUs under Rule VII of this IRR to comply with the duty to establish the same;
ii. Failure on the part of entities identified under Rule X of this IRR to perform specific disease response activities listed therein;
ili. Failure to abide by minimum public health standards and/or
non-pharmaceutical interventions as enforced by public health authorities pursuant to Rule X of this IRR; or
iv. Failure to abide by other disease response activities as enforced by public health authorities pursuant to Rule X of this IRR.
g.) Non-cooperation of the person or entities identified as having the notifiable disease, which can be any of the following acts:
i. Refusal of the person identified by a public health authority as suspect or probable case to submit for physical examination and/or provision of clinical samples as required for the investigation;
ii. Failure or refusal of the person or entity identified by a public health authority identified as suspect, probable or confirmed case to provide the required information necessary for disease surveillance or response, including for contact tracing activities;
iii. Failure to comply with a quarantine/ isolation order or directive duly issued by a public health authority;
iv. Violation of any terms or conditions of the quarantine or isolation order or directive issued by a public health authority; or
v. Knowingly or willfully infecting another with a contagious or communicable disease classified as notifiable or a health event of public health concern, or aids in the spreading of the same.
h.) Non-cooperation of the person or entities affected by a notifiable disease or a health event of public health concern, which can be any of the following acts:
i. Failure by close contacts to cooperate/submit to public health authorities doing contact tracing activities upon being notified of their status as such;
ii. Violation of community quarantine or stay-at-home order or directive issued by public health authorities; or
iii. Commission of the acts of discrimination against an individual on account of having a notifiable disease whether probable, suspect, or confirmed, whether undergoing treatment or recovered; on account of being a health worker (e.g. doctors, nurses, and other allied health workers) or being a personnel providing health and emergency frontline service.
Section 2. Inter-Agency Arrangement. - The DOH may coordinate with law enforcement agencies on the appropriate arrangement to implement the filing of the criminal charges against the erring persons or entities for violation of the Act and this IRR.
Section 3. Penalties. - Any person or entity found to have committed any of the prohibited acts referred to in Section 1 of this Rule shall be penalized with a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or imprisonment of not less than one (1) month but not more than six (6) months, or both such fine and imprisonment, at the discretion of the proper court.
If the offender is a foreign national, the case shall be referred to the Bureau of Immigration for the institution of summary deportation proceedings after service of sentence.
If the offender is a professional with a license issued by the Professional Regulation Commission, the case shall be referred to the said commission for the institution of appropriate proceeding to suspend or revoke the license to practice for any violation of the
Act and this IRR.
If the offender is a civil servant, the case shall be referred to the Civil Service
Commission for the institution of appropriate proceeding to suspend or revoke the civil service eligibility for violation of the Act and this IRR.
If the offense is committed by a public or private health facility, institution, agency, corporation, school, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, or such other officer in charge shall be held liable. In addition, the business permit and license to operate of the concerned facility, institution, agency, corporation, school, or legal entity shall be cancelled.