Be it enacted by
the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. -
This Act shall be known as the "Traditional
and Alternative Medicine Act (TAMA) of 1997."
ARTICLE I
GUIDING PRINCIPLES
Sec. 2. Declaration of
Policy. - It is hereby declared the policy of the State to improve the
quality and delivery of health care services to the Filipino people
through the development of traditional and alternative health care and
its integration into the national health care delivery system.
It shall also be the policy
of the State to seek a legally workable basis by which indigenous
societies would own their knowledge of traditional medicine. When such
knowledge is used by outsiders, the indigenous societies can require
the permitted users to acknowledge its source and can demand a share of
any financial return that may come from its authorized commercial use.
Sec. 3. Objectives. - The
objectives of this Act are as follows:
(a) To encourage scientific research on
and develop traditional and alternative health care systems that have
direct impact on public health care;
(b) To promote and advocate
the use of traditional, alternative, preventive and curative health
care modalities that have been proven safe, effective, cost effective
and consistent with government standards on medical practice;
(c) To develop and
coordinate skills training courses for various forms of traditional and
alternative health care modalities;
(d) To formulate standards,
guidelines and codes of ethical practice appropriate for the practice
of traditional and alternative health care as well as in the
manufacture, quality control and marketing of different traditional and
alternative health care materials, natural and organic products, for
approval and adoption by the appropriate government agencies;
(e) To formulate policies
for the protection of indigenous and natural health resources and
technology from unwarranted exploitation, for approval and adoption by
the appropriate government agencies;
(f) To formulate policies to
strengthen the role of traditional and alternative health care delivery
system; and
(g) To promote traditional
and alternative health care in international and national conventions,
seminars and meetings in coordination with the Department of Tourism,
Duty Free Philippines, Incorporated, Philippine Convention and Visitors
Corporation and other tourism-related agencies as well as
non-government organizations and local government units.
ARTICLE II
DEFINITION OF TERMS
Sec. 4. Definition of Terms.
- As used in this Act, the following terms shall mean:
(a) "Traditional and alternative health
care" - the sum total of knowledge, skills and practices on health
care, other than those embodied in biomedicine, used in the prevention,
diagnosis and elimination of physical or mental disorder.
(b) "Traditional medicine" -
the sum total of knowledge, skills, and practice on health care, not
necessarily explicable in the context of modern, scientific
philosophical framework, but recognized by the people to help maintain
and improve their health towards the wholeness of their being, the
community and society, and their interrelations based on culture,
history, heritage, and consciousness.
(c) "Biomedicine" - that
discipline of medical care advocating therapy with remedies that
produce effects differing from those of the diseases treated. It is
also called "allopathy","western medicine", "orthodox medicine", or
"cosmopolitan medicine".
(d) "Alternative health care
modalities" – other forms of non-allopathic, occasionally
non-indigenous or imported healing methods, though not necessarily
practiced for centuries nor handed down from one generation to another.
Some alternative health care modalities include reflexology,
acupressure, chiropractics, nutritional therapy, and other similar
methods.
(e) "Herbal medicines" -
finished, labelled, medicinal products that contain as active
ingredient/s serial or underground part/s of plant or other materials
or combination thereof, whether in the crude state or as plant
preparations.
Plant material includes juices, gums,
fatty oils, essential oils, and other substances of this nature. Herbal
medicines, however, may contain excipients in addition to the active
ingredient(s). Medicines containing plant material(s) combined with
chemically-defined active substances, including chemically-defined,
isolated constituents of plants, are not considered to be herbal
medicines.
(f) "Natural product" -
those foods that grow spontaneously in nature whether or not they are
tended by man. It also refers to foods that have been prepared from
grains, vegetables, fruits, nuts, meats, fish, eggs, honey, raw milk,
and the like, without the use or addition of additives, preservatives,
artificial colors and flavors, or manufactured chemicals of
any sort after harvest or slaughter.
(g) "Manufacture" - any and
all operations involved in the production, including preparation,
propagation, processing, formulating, filling, packing, repacking,
altering, ornamenting, finishing, or otherwise changing the container,
wrapper, or labelling of a consumer product in the furtherance of the
distribution of the same from the original place of manufacture
to the person who makes the final delivery or sale to the ultimate
consumer.
(h) "Traditional healers" -
the relatively old, highly respected people with a profound knowledge
of traditional remedies.
(i) "Intellectual property
rights" - is the legal basis by which the indigenous communities
exercise their rights to have access to, protect, control over their
cultural knowledge and product, including, but not limited to,
traditional medicines, and includes the right to receive compensation
for it.
ARTICLE III
THE PHILIPPINE INSTITUTE OF
TRADITIONAL
AND ALTERNATIVE HEALTH CARE
Sec. 5. Philippine Institute
of Traditional and Alternative Health Care. - There is
hereby established a body corporate to be known as the Philippine
Institute of Traditional and Alternative Health Care, hereinafter
referred to as the Institute. The Institute shall be attached to the
Department of Health. Its principal flag office shall be in Metro
Manila, but it may establish other branches or offices elsewhere in the
Philippines as may be necessary or proper for the accomplishment of its
purposes and objectives.
Sec. 6. Powers and
Functions. - In furtherance of its purposes and objectives, the
Institute shall have the following powers and functions:
(a) To plan and carry out research and
development activities in the areas of traditional and alternative
health care and its ultimate integration into the national health care
delivery system;
(b) To verify, package and
transfer economically viable technologies in the field of traditional
and alternative health care, giving emphasis on the social engineering
aspects necessary for group endeavor;
(c) To provide the data base
or policy formulation that will stimulate and sustain production,
marketing and consumption of traditional and alternative health care
products;
(d) To organize and develop
continuing training programs for physicians, nurses, pharmacists,
physical therapists, and other professional health workers and
students, as well as scientists, research managers and extension
workers in the field of traditional and alternative health care;
(e) To formulate policies
that would create public awareness through educational activities,
conventions, seminars, conferences, and the like by focusing on the
promotion of healthy living for preventing diseases, thereby uplifting
the health care industry;
(f) To acquire or obtain
from any governmental authority whether national or local, foreign or
domestic, or from any person, corporation, partnership, association or
other entity, such charters, franchises, licenses, rights,
privileges, assistance, financial or otherwise, and concessions
as are conducive to and necessary or proper for the attainment of its
purposes and objectives;
(g) To receive and acquire
from any person and/or government and private entities, whether foreign
or domestic, grants, donations and contributions consisting of
such properties, real or personal, including funds and valuable
effects or things, as may be useful, necessary or proper to carry
out its purposes and objectives and administer the same in accordance
with the terms of such grants, donations and contributions, consistent
with its purposes and objectives;
(h) To serve as the
coordinating center of a national network of traditional and
alternative health care stations located in the different regions of
the country;
(i) To formulate a code of
ethics and standards for the practice of traditional and alternative
health care modalities for approval and adoption by the appropriate
professional and government agencies;
(j) To formulate standards
and guidelines for the manufacture, marketing and quality control of
different traditional and alternative health care materials and
products for approval and adoption by the Bureau of Food and Drugs;
(k) To coordinate with other
institutions and agencies involved in the research on herbal medicines;
(1) To adopt and use a
corporate seal;
(m) To sue and be sued in
its corporate name;
(n) To succeed by its
corporate name;
(o) To adopt its bylaws and
promulgate such rules and regulations as may be necessary or proper to
implement this Act, and to amend or repeal the same from time to time;
(p) To enter into, make and
execute contracts and agreements of any kind or nature;
(q) To borrow, raise or
obtain funds, or to enter into any financial or credit arrangement in
order to support or carry out its research programs, finance its
capital and operating expenses, subject to pertinent laws governing
public debts and expenditure;
(r) To invest in, purchase
or otherwise acquire, own, hold, use, mortgage, pledge, encumber, sell,
assign, convey, exchange, or otherwise deal in real and/or personal
properties of whatever kind and nature, or any interest therein,
including shares of stock, bonds, notes, securities and other evidences
of indebtedness of natural or juridical persons, whether domestic or
foreign and whether government or private;
(s) To exercise all the
powers of a corporation under the General Corporation Law, insofar as
such powers are not in violation of the provisions of this Act; and
(t) To exercise such other
powers and functions, and perform other acts as may be necessary,
proper or incidental to the attainment of its purposes and objectives.
Sec. 7. Board of Trustees. -
The corporate powers of the Institute shall be exercised, and all its
business, activities and properties shall be controlled by a Board of
Trustees, hereinafter referred to as the Board.
(a) Composition. - The Board shall be
composed of the following:
Secretary of Health - ex-officio
chairman
Permanent representatives of
the following government offices:
Department of Science and
Technology;
Department of Environment
and Natural Resources;
Department of Agriculture;
Department of Education,
Culture and Sports; and
Commission on Higher
Education.
Representatives of the
following industries/sectors:
One (1) physician who is
engaged in the practice of traditional and alternative health care;
One (1) member from a duly
recognized academe/research institution engaged in traditional and
alternative health care research;
One (1) traditional and
alternative health care practitioner who is not a physician;
One (1)
biomedical/allopathietwestem medical practitioner preferably from the
Philippine Medical Association;
One (1) member from the
natural food industry and/or organic food industry; and
One (1) member from an
environmental sector organization,
The six (6) members
representing the abovementioned sectors/industries shall be appointed
by the President of the Philippines upon recommendation of the
Secretary of Health.
Of the appointive members,
two (2) members shall have a term of three (3) years; the second two
(2) members shall have a term of three (3) years; and, the third two
(2) members shall each have a term of one (1) year.
Any member appointed to a
vacancy shall serve only for the unexpired term of the member whom
he/she succeeded.
(b) Meetings and quorum. -
The Board shall meet regularly at least once a month or as often
as the exigencies of the service demand. The presence of at least six
(6) members shall constitute a quorum, and the majority vote of the
members present, there being a quorum, shall be necessary for the
adoption of any resolution, decision, or any other act of the Board.
(c) Allowances and per
diems. - The members of the Board shall receive a per them for every
meeting actually attended subject to the pertinent budgetary laws,
rules and regulations on compensation, honoraria and allowances
Sec. 8. Powers and Functions
of the Board. - The Board shall exercise the following powers and
functions:
(a) To define and approve the programs,
plans, policies, procedures and guidelines for the Institute in
accordance with its purposes and objectives, and to control the
management, operation and administration of the Institute;
(b) To approve the
Institute's organizational structure, staffing pattern, operating and
capital expenditure, and financial budgets prepared in accordance with
the corporate plan of the Institute;
(c) To approve salary
ranges, benefits and privileges, bonuses and other terms and conditions
of service for all officers and employees of the Institute, upon
recommendation of the Director General and consistent with the salary
standardization and other laws;
(d) To appoint, transfer,
promote, suspend, remove or otherwise discipline any subordinate
officer or employee of the Institute, upon recommendation of the
Director General;
(e) To create such committee
or committees and appoint the members thereof, as may be necessary or
proper for the management of the Institute or the attainment of its
purposes and objectives;
(f) To determine the
research priorities of the Institute consistent with the framework of
its purposes and objectives and in coordination with other government
agencies; and
(g) To exercise such other
powers and functions and perform such other acts as may be necessary or
proper for the attainment of the purposes and objectives of the
Institute, or as may be delegated by the Secretary of Health.
Sec. 9. Director General and
Other Officers. - The Institute shall be headed by a Director
General who shall be appointed by the President of the Philippines upon
recommendation of the Secretary of Health. The Director General shall
have a term of six (6) years.
The Director General shall
be assisted by such Deputy Director General(s) and program
managers/coordinators as the Board may determine to carry out the
purposes and objectives of this Act.
Sec. 10. Powers, Functions
and Duties of the Director General. - The Director General shall have
the following powers, functions and duties:
(a) To exercise overall supervision and
direction over the implementation of all research and development
programs of the Institute, and to supervise and direct the management,
operation and administration of the Institute;
(b) To execute contracts,
including the deeds that may incur obligations, acquire and dispose of
assets and deliver documents on behalf of the Institute, within the
limits of authority delegated to him by the Board;
(c) To implement and enforce
policies, decisions, orders, rules and regulations adopted by the Board;
(d) To submit to the Board
an annual report of the Institute;
(e) To submit to the Board
an annual budget and such supplemental budget as may be necessary for
its consideration and approval; and
(f) To exercise such other
powers and functions and perform such other duties as may be authorized
by the Board.
Sec. 11. Government Agency
Support and Coordination. - The Institute may, for the purpose of its
research and development activities, obtain and secure the services of
scholars, scientists and technical personnel of any unit of the
Department of Health and other agencies of the Philippine Government.
Such personnel may be paid honoraria as may be fixed and authorized by
the Board following the usual government rules and regulations
governing honoraria and allowances. The Institute shall also assist,
cooperate and coordinate with other government agencies, such as the
Bureau of Food and Drugs of the Department of Health and the Philippine
Council for Health Research and Development of the Department of
Science and Technology for the implementation of the purposes and
objectives of this Act.
ARTICLE IV
PROMOTION OF TRADITIONAL AND
ALTERNATIVE HEALTH CARE
Sec. 12. Traditional and
Alternative Health Care Advocacy and Research Program. - The
Institute shall promulgate a nationwide campaign to boost support
for the realization of the objectives of this Act. It shall encourage
the participation of non-government organizations in traditional and
alternative health care and health-related projects. The Institute
shall also formulate and implement a research program on the indigenous
Philippine traditional health care practices performed by "traditional
healers" using scientific research methodologies.
Sec. 13. Standards for the
Manufacture, Marketing and Quality Control of Traditional Medicine.
- The Institute, in collaboration with the Bureau of Food and
Drugs, shall formulate standards and guidelines for the manufacture,
quality control and marketing of different traditional and alternative
health care materials and products.
Sec. 14. Incentives for the
Manufacturers of Traditional and Alternative Health Care Products. -
Manufacturers of traditional and alternative health care products like
herbal medicinal plants shall enjoy such exemptions, deductions and
other tax incentives as may be provided for under the Omnibus
Investment Code, as amended.
Sec. 15. Traditional and
Alternative Health Care Development Fund. - To implement the
provisions of this Act, there is hereby created a Traditional and
Alternative Health Care Development Fund which shall be used
exclusively for the programs and projects of the Institute, in the
amount of Fifty million pesos (P50,000,000,00) for the first year,
Seventy-five million pesos (P75,000,000.00) for the second year, and
One hundred million pesos (P100,000,000.00) for the third year from the
earnings of Duty Free Philippines: Provided, That not more than
fifteen percent (15%) of said fund shall be used for
administrative costs of the Institute.
Thereafter, such amount as
may be necessary to fund the continued implementation of this Act shall
be included in the annual General Appropriations Act.
ARTICLE V
TRANSITORY PROVISIONS
Sec. 16. Appointment of
Board Members. - Within thirty (30) days from the date of
effectivity of this Act, the President of the Philippines shall appoint
the members of the Board as well as the Director General and Deputy
Director General(s).
Sec. 17. Transfer of
Functions of the Traditional Medivine Unit. - Upon the establishment of
the Institute, the functions, personnel and assets of the Traditional
Medicine Unit and all the pharmaceutical and herbal processing plants
of the Department of Health shall be transferred to the Institute
without need of conveyance, transfer of assignment.
For the year, during which
this Act was approved, the unexpended portion of the budget of the
offices, agencies and units merged shall be utilized for establishing
the Institute and initiating its operations, including the formulation
of the rules and regulations necessary for the implementation of this
Act.
Incumbent officials and
employees of the affected offices shall continue to exercise their
respective functions, duties and responsibilities with the
corresponding benefits and privileges. To the greatest extent possible
and in accordance with existing laws, all employees of the affected
offices, agencies and units shall be absorbed by the Institute.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Sec. 18. Oversight Function.
- The Institute shall submit to Congress an annual accomplishment
report which shall include the status of its priority researches and
operation. In the exercise of its oversight functions, Congress may
inquire into the programs of the Institute.
Sec. 19. Implementing Rules
and Regulations. - Within thirty (30) days from the completion of their
appointments, the Board shall convene and, in collaboration with the
Department of Health - Traditional Medicine Unit, formulate the rules
and regulations necessary for the implementation of this Act. Said
rules and regulations shall be issued within one hundred eighty (180)
days from the date of the Board's initial meeting and shall take effect
upon publication in a newspaper of general circulation.
Sec. 20. Repealing Clause. -
All laws, decrees, executive orders, and other laws including their
implementing rules and regulations inconsistent with the provisions of
this Act are hereby amended, repealed or modified accordingly.
Sec. 21. Separability
Clause. - If any provision of this Act is declared unconstitutional or
invalid, other provisions thereof which are not affected thereby shall
continue in full force and effect.
Sec. 22. Effectivity. - This
Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved:
December 9, 1997.
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