AN ORDINANCE ESTABLISHING THE ROXAS RURAL HEALTH UNIT - ENHANCED CARE HEALTH SERVICES INC. - BOTIKA NG BAYAN UNDER THE RURAL HEALTH UNIT OF ROXAS, ORIENTAL MINDORO, PROVIDING FOR ITS MANAGEMENT, OPERATION, AND APPROPRIATING FUNDS THEREFOR

WHEREAS, Section 15, Article II of the 1987 Philippine Constitution declares that the State shall protect and promote the right to health of the people and instill health consciousness among them;

WHEREAS, Section 17 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, mandates local government units to provide basic services and facilities, which include primary health care, maternal and child care, and access to essential communicable and non-communicable disease control services;

WHEREAS, the Department of Health (DOH) champions the revitalized Roxas Rural Health Unit - Enhanced Care Health Services Inc. program to ensure the availability of safe, effective, quality, and affordable essential medicines, especially to the marginalized sectors of the community;

WHEREAS, the Universal Health Care (UHC) Act (R.A. No. 11223) emphasizes the need for a comprehensive outpatient benefit package, including outpatient drugs, requiring a capable and licensed municipal pharmacy;

WHEREAS, the Municipality of Roxas, Oriental Mindoro, recognizes the urgent need to establish a centralized municipal drug outlet to bridge the gap in healthcare accessibility, alleviate the financial burden of medical care on its indigent population, and ensure comprehensive health coverage for all its residents;

NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Bayan of Roxas, Oriental Mindoro, in session assembled, that:

SECTION 1. Title. This Ordinance shall be known as the “ROXAS RURAL HEALTH UNIT - ENHANCED CARE HEALTH SERVICES INC. - BOTIKA NG BAYAN. ORDINANCE.”

SECTION 2. Declaration of Policy. It is hereby declared the policy of the Municipality of Roxas to promote and protect the health and well-being of its constituents by ensuring the availability, accessibility, affordability, and quality of essential medicines and health products, particularly for indigent and vulnerable sectors of the community. Pursuant to the provisions of the Constitution, the Local Government Code of 1991, Republic Act No. 9502, otherwise known as the “Universally Accessible Cheaper and Quality Medicines Act of 2008,” and other pertinent laws and regulations, the Municipality shall establish and maintain a Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan to provide affordable medicines and health commodities to its residents.

SECTION 3. Classification as a Local Economic Enterprise. The Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan established under this Ordinance shall serve as the municipality’s primary pharmacy and hereby declared and classified as a Local Economic Enterprise (LEE) of the Municipal Government of Roxas, Oriental Mindoro. It shall operate under the supervision and management of the Municipal Health Office (Rural Health Unit), subject to existing laws, rules, and regulations governing local economic enterprises, government accounting and auditing, and public health services. The Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan shall endeavor to attain financial sustainability through the prudent management of its revenues and expenditures while maintaining its primary objective of providing affordable, safe, effective, and quality medicines and health-related products to the residents of the municipality.

SECTION 4. Objectives. The Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan is established to achieve the following: a. To ensure the continuous availability of safe, high-quality, and affordable essential medicines and medical supplies; b. To systematically manage the inventory, storage, and dispensing of government-procured drugs; c. To comply with the licensing requirements set forth by the Food and Drug Administration (FDA) and the Department of Health.

SECTION 5. Management and Administration. The Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan shall operate strictly under the prevailing rules and regulations set forth by the Food and Drug Administration (FDA) and the Department of Health (DOH). The Municipal Health Officer shall: a. Formulate policies and guidelines for the operation of the Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan; b. Ensure compliance with all applicable laws, regulations, and standards of the Department of Health (DOH), the Food and Drug Administration (FDA), and other concerned agencies; c. Supervise the procurement, storage, dispensing, and inventory of medicines and supplies; d. Maintain accurate financial, inventory, and operational records; and e. Submit periodic reports to the Municipal Mayor and the Sangguniang Bayan.

SECTION 6. Staffing and Management. The Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan shall be managed by qualified personnel in accordance with Department of Health (DOH) and Food and Drug Administration (FDA) regulations:

A. Head of Pharmacy: There is hereby created one (1) regular position of Pharmacist I, who shall supervise and manage the operations of the pharmacy. The Pharmacist I shall be a Licensed Pharmacist duly registered with the Professional Regulation Commission (PRC), appointed by the Municipal Mayor upon the recommendation of the Municipal Health Officer.

The Pharmacist I position shall carry a monthly compensation equivalent to Salary Grade 10 (SG-10) and must meet the following Civil Service Commission (CSC) minimum qualifications: 1. Must be a graduate of Bachelor of Science in Pharmacy (BS Pharm) degree from an accredited pharmacy school; 2. Must be eligible Pharmacist under RA 1080 (R.Ph.) 3. Experience and training are not required

B. Support Staff: The Pharmacy may be assisted by Pharmacy Aides or designated health workers to ensure smooth daily operations.

SECTION 7. Sources of Medicines and Medical Supplies. The medicines and medical supplies to be dispensed by the Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan may be sourced from: a. Municipal Government appropriations; b. Other lawful sources consistent with existing laws and regulations.

SECTION 8. Beneficiaries and Guidelines for Dispensing. Medicines shall be dispensed under the following strict guidelines to prevent abuse and ensure equitable distribution: a. No prescription-required medicine shall be dispensed without a valid, written, or electronic prescription issued by a licensed physician (public or private), bearing the generic name of the drug; b. The Pharmacist shall maintain a strict, transparent ledger and an electronic database of all incoming inventory and dispensed medicines, noting patient details, addresses, and prescribing doctors;

SECTION 9. Fees and Charges. Medicines and health products shall be sold to residents and non-residents of the Municipality at affordable and reasonable prices to sustain the operations of the Roxas Rural Health Unit - Enhanced Care Health Services Inc. – Botika ng Bayan. The Municipal Mayor shall recommend the pricing of medicines and health products, subject to the approval of the Sangguniang Bayan and in accordance with the pricing policies of the Department of Health (DOH) and the Food and Drug Administration (FDA).

SECTION 10. Records and Accountability. The Municipal Health Office shall maintain complete and accurate records of procurement, inventory, dispensing, and utilization of medicines and supplies. All pharmaceutical products shall be accounted for in accordance with government accounting and auditing rules and regulations.

SECTION 11. Prohibited Acts and Penalties. Pursuant to the provisions of Republic Act No. 10918, otherwise known as the “Philippine Pharmacy Act,” the following acts are hereby declared prohibited within the territorial jurisdiction of this Municipality: a. Dispensing prescription medicines without a valid written or electronic prescription issued by a duly licensed physician, except as may be allowed under existing laws, rules, and regulations; b. Falsifying, altering, concealing, or destroying pharmacy records, prescriptions, inventory reports, or other official documents; c. Diverting, misappropriating, selling, or otherwise using government-owned medicines for personal gain or for purposes not authorized by law; d. Knowingly dispensing expired, adulterated, counterfeit, or unregistered medicines; and e. Any other act constituting abuse, negligence, misconduct, or violation of this Ordinance, the Implementing Rules and Regulations, and applicable laws governing pharmacy practice.

Any pharmacist, pharmacy personnel, or municipal employee found to have committed any of the prohibited acts enumerated herein shall, after due notice and hearing, be subject to dismissal from the service, if warranted under applicable Civil Service laws and regulations. This shall be without prejudice to the filing of appropriate civil, criminal, and administrative actions under existing laws.

Any person who unlawfully obtains medicines through fraud, falsification, misrepresentation, or conspiracy with any pharmacy personnel shall likewise be subject to appropriate administrative, civil, and criminal proceedings under existing laws.

SECTION 12. Appropriation. The amount necessary for the initial establishment and operation of the RHU Pharmacy shall be charged against available funds of the Municipal Government, subject to existing accounting, budgeting, and auditing rules and regulations. Thereafter, such amount as may be necessary shall be included in the annual budget of the Municipality.

SECTION 13. Implementing Rules and Regulations. Within sixty (60) days from the effectivity of this Ordinance, the Municipal Health Office, in coordination with the Office of the Municipal Mayor and other concerned offices, shall formulate the necessary Implementing Rules and Regulations (IRR) for the effective implementation of this Ordinance.

SECTION 14. Separability Clause. If, for any reason, any part or provision of this Ordinance is declared unconstitutional or invalid, other parts or provisions hereof which are not affected shall continue to be in full force and effect.

SECTION 15. Repealing Clause. All ordinances, resolutions, executive orders, or rules and regulations inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 16. Effectivity. This Ordinance shall take effect fifteen (15) days following its complete publication in a newspaper of local circulation or posting in at least three (3) conspicuous public places within the Municipality of Roxas, Oriental Mindoro.

On motion of Councilor Michael O. Pongyan seconded by all this Ordinance is hereby ENACTED.

APPROVED