Legal Mandates Related To Nutrition and Diet Therapy

LEGAL MANDATES RELATED TO NUTRITION AND DIET THERAPY
FOOD AND DRUG ADMINISTRATION RA 9711 - “The Food and Drug Administration (FDA) Act of 2009”.
The FDA Act of 2009 created the Food and Drug Administration (FDA) in the Department of Health
(DOH) to be headed by a Director General with the rank of Undersecretary of Health. Major Aims of the
FDA Act • To protect and promote the right to health of the Filipino people • To establish and maintain
an effective health products regulatory system Important Definitions in the FDA Act • “Health products”
means food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro diagnostic reagents and household/
urban hazardous substances and/or a combination of and/or a derivative thereof. It shall also refer to
products that may have an effect on health which require regulations as determined by the FDA. •
“Device” means medical devices, radiation devices and health-related devices.
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, intended to address
potential threats to patient privacy posed by the computerization and standardization of medical
records, provides a new floor level of federal protection for health information. The Privacy Rule limits
the circumstances under which Covered Entities can use or disclose protected health information (PHI),
requiring, with some exceptions, authorization from the patient to permit uses and disclosures of PHI for
research. “Health information” is defined as “any information, whether oral or recorded in any form or
medium, that: 1) is created or received by a health care provider, health plan, public health authority,
employer, life insurer, school or university, or health care clearinghouse; and 2) relates to the past,
present, or future physical or mental health or condition of an individual, the provision of health care to
an individual, or the past, present, or future payment for the provision of health care to an individual.”
“Individually identifiable” refers to information collected from an individual that identifies him or her or
for which there is a “reasonable basis” to believe the information could be used to identify the
individual. The definition of PHI excludes individually identifiable health information contained in certain
educational or employment records. The Privacy Rule regulates the use and disclosure of PHI by Covered
Entities. Covered Entities are health plans (eg, health insurers), healthcare clearinghouses (entities that
receive healthcare transactions from providers or others, translate the data into a form acceptable to
the payor, and forward the processed transaction to payors and clearinghouses), and healthcare
providers (eg, hospitals and physicians that transmit health information in connection with a specified
transaction).
The National Nutrition Council Governing Board (NNC GB) chaired by Health Secretary and Chairperson
Francisco T. Duque III approved during its meeting on 21 June 2018 the Policy Statement on Fad Diets, as
explained in the NNC Governing Board Resolution No. 4 Series of 2018. This is to address the issue of the
proliferation of fad diets which is growing in popularity among Filipinos interested in losing weight. The
policy declares that the NNC does not recommend the use of fad diets for weight loss as it may pose
potential health risk and dangers. Instead, the NNC recommends the adherence to a holistic,
sustainable, adequate, and nutritionally-balanced diet, complemented by an active lifestyle and lifelong
behavioral modifications. Moreover, to prevent further increase of overweight and obesity prevalence in
the Philippines, the NNC Governing Board also asserts that population-based interventions, particularly
through the promotion of healthier food environments and systems, as well as public awareness
through behavioral change, should complement individual efforts to combat overweight and obesity.
Representatives of the NNC regional and central offices brainstormed to identify research topics and
themes in their respective regions and units to be included in the agenda for 2018-2022. Some themes
are along nutrition programs in geographically isolated and disadvantaged areas or GIDAs, indigenous
people concern and implementation of the First 1000 Days program, to name a few. President Rodrigo
Roa Duterte signed on 29 November Republic Act 11148 “An Act Scaling up the National and Local
Health and Nutrition Programs through a Strengthened Integrated Strategy for Maternal, Neonatal,
Child Health and Nutrition in the First One Thousand (1,000) Days of Life” or otherwise known as the
“Kalusugan at Nutrisyon ng Mag-Nanay Act”. The law strengthens the national and local health and
nutrition programs for pregnant and lactating women, adolescent girls, infants and young children in the
first 1,000 days. The Act which consolidated Senate Bill No. 1537 “The Healthy Nanay and Bulilit” Act
and House Bill No. 5777 “Kalusugan at Nutrisyon ng Mag-Nanay” Act was passed by the Senate and
House of Representatives on 17 September 2018 and 19 September 2018 respectively. President
Rodrigo Roa Duterte compared the malnutrition problem in the country as that of the drug menace,
which should be stopped immediately so as not to compromise the future of our country. Response
activities for nutrition include provision of 3 boiled eggs a week to children under five years, and
supplementation with vitamin A capsule and multiple micronutrient powder for children 6-23 months;
provision of services along infant and young child feeding in emergencies, supplementary feeding and
management of acute malnutrition among young children. The NNC advises the public particularly
organizations that solicit or intend to donate milk for victims of disasters and emergencies of the NO
MILK DONATION POLICY. It has come to the attention of the NNC that members from civil society
including media even with well-meaning intentions continue to call for donations for powdered milk.
Donations of breastmilk substitutes including infant formula, powdered milk and other milk; feeding
bottles, teats and commercial baby food are not allowed and that these should not be part of general
distribution of emergency food packs. This is in compliance to Executive Order 51 or The Milk Code and
its Revised Implementing Rules and Regulations. The government does not allow milk donations as these
are detrimental to the health and nutrition of infants and young children. In times of disasters and
emergencies, artificial feeding using milks other than breast milk is not safe due to lack of supply of
clean water, fuel for sterilization and boiling, utensils, among others. Diarrhea is one of the biggest
dangers to babies who are given artificial feeding during emergencies which could lead to death.
Uncontrolled distribution of breastmilk substitutes can lead to early and unnecessary cessation of
breastfeeding.
The basis of your exam on the legal mandates related to nutrition and diet therapy is taken from this
content. Please take note. Thank you.

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