PCM-07-2022

This decree declares a state of health emergency in Honduras throughout 2022 to enable rapid purchase of vital medicines and address shortages in public hospitals. It affects all citizens by facilitating access to essential medicines such as heparin, oxygen, and other supplies that were lacking in the national health system.

Whereas the Constitution of the Republic establishes that the executive power is exercised in representation and for the benefit of the people by the President of the Republic, who is responsible for directing the General Policy of the State and representing it, as well as issuing agreements and decrees in accordance with law, adopting measures for the promotion, prevention, recovery and rehabilitation of the health of the inhabitants (articles 235 and 245, numerals 2, 11, and 29).

Whereas according to what is established in the Constitution of the Republic, the human person is the supreme purpose of society and the State, and all have the obligation to respect and protect it (article 59). In this sense, the Constitution establishes that the right to life is inviolable, recognizing the right to protection of health, as well as the duty of all to participate in the promotion and preservation of personal and community health, and the duty of the State to maintain an adequate environment to protect the health of persons (articles 65 and 145).

Whereas the General Law of Public Administration provides that the President of the Republic has charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration and in the exercise of her functions, she may act alone or in Council of Ministers (article 11).

Whereas in accordance with the Constitution of the Republic, the President convenes and presides over the Council of Ministers, which shall meet to take decisions on all matters that she deems of national importance (article 252, second paragraph).

Whereas in accordance with article 9 of the State Contracting Law, the declaration of a state of emergency shall be made by Decree of the President of the Republic in Council of Ministers.

Whereas the public treasury was devastated by the previous State Administration, leaving a large number of debts in different fundamental areas to protect the life of the population, among which are: a) The payment of premises where different triage centers operate for the care of patients with COVID-19 and its variants, b) The payment of oxygen supply for COVID-19 patients at the national level, c) Payment of salaries and/or scholarships to health personnel and to students who are performing their Social Service or Medical Internship.

Whereas on January 30, 2020, the World Health Organization (WHO), through the Emergency Committee, declared the outbreak of coronavirus (COVID-19) as a public health emergency of international importance, and that to date the Epidemiological Surveillance System of the Ministry of Health, has documented the circulation of numerous cases of coronavirus infection (COVID-19), for which reason it is necessary that the National Health System of Honduras remain prepared to achieve the reduction of human infection, the prevention of secondary transmission and therefore international spread, and that health establishments that provide services facilitate access to diagnosis and treatments for the population that requires it.

Whereas recently there have been outbreaks of COVID-19 at the international level due to the emergence of new variants of the virus, for which reason the Health System must be prepared to protect the health of the population.

Whereas currently the Ministry of Health is completely depleted of several essential and/or vital medicines, such as: Heparin, Dextrose, Oxytocin, Enalapril, Clopidogrel, Human Immunoglobulin, among others. Furthermore, there is a general deficit in the medicine inventory of approximately fifty percent (50%) at the national level.

Whereas it is of extreme urgency to acquire medicines in a rapid and expeditious manner, since the time of the acquisition process through the procedure before the Normative Office for Contracting and Acquisitions of the State of Honduras (ONCAE) would put numerous lives at risk, by not being able to count on vital medicines urgently.

Whereas the State Contracting Law establishes that direct contracting may be carried out when its purpose is to provide for the needs occasioned by a situation of emergency (article 63, numeral 1).