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April 20, 2024In force

Executive Decree PCM-11-2024 through which a State of Emergency is declared in the Public Health System of the Department of Bay Islands

Poder Ejecutivo

  • Decree: PCM-11-2024
  • Published: April 20, 2024
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,514
  • Category: Health

Summary

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This decree declares a state of emergency in the health system of the Bay Islands following the fire that destroyed Roatán Hospital on April 19, 2024. It authorizes direct contracting without bidding to quickly rebuild hospital infrastructure and restore medical services to residents of the region.

Considerations

Whereas the Constitution of the Republic establishes that the President has charge of the General Administration of the State and its representation; having among her powers the duty to direct the general policy of the State and represent it, issue Agreements, Decrees, enact Regulations and Resolutions in accordance with the Law, administer the Public Treasury and the other powers conferred upon her by the Constitution and the laws (article 245 numerals 2, 11, 19 and 45).

Whereas in accordance with the Constitution of the Republic, the human person is the supreme end of society and the State, and all have the obligation to respect and protect it (article 59).

Whereas the Constitution of the Republic recognizes the right to protection of health. It is the duty of all to participate in the promotion and preservation of personal and community health (article 145).

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

Whereas the International Covenant on Economic, Social and Cultural Rights recognizes the right of every person to the enjoyment of the highest attainable standard of physical and mental health. Among the measures that States Parties to the Covenant shall adopt is, furthermore, the creation of conditions that ensure to all medical assistance and health services in case of illness (article 12).

Whereas on April 19, 2024, the only Hospital of the Department of Bay Islands, the Hospital of Roatán, was tragically destroyed by a fire disaster, creating a situation of grave public calamity by preventing the continuity of timely and efficient provision of public health services in a locality where the transfer of medical supplies and patients is particularly complex due to its geographical situation.

Whereas in accordance with 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 (article 9).

Whereas the State Contracting Law establishes that direct contracting may be carried out when the purpose is to meet the needs occasioned by an emergency situation, under the provisions established in article 9 of the same Law (article 63 numeral 1).

Articles

Article 1.-

By virtue of the serious situation of public calamity caused by the fire that destroyed the Roatán Hospital, a STATE OF EMERGENCY IN THE PUBLIC HEALTH SYSTEM OF THE BAY ISLANDS DEPARTMENT is declared, with the purpose of guaranteeing compliance with the constitutional right to health, reestablishing as soon as possible the public health services that have been affected by this disaster.

Article 2.-

Create an AD-HOC INTERINSTITUTIONAL COMMISSION for the attention of the present emergency, which shall be responsible for guaranteeing the reestablishment, in the shortest time possible, of the provision of public health services and the conditioning of hospital infrastructure. This Commission shall be composed of:

  • 1)

    State Secretary in the Office of Health (SESAL), as Coordinator;

  • 2)

    State Secretary in the Offices of Risk Management and National Contingencies (COPECO);

  • 3)

    State Secretary in the Office of National Defense (SEDENA);

  • 4)

    State Secretary in the Office of Security (SEDS);

  • 5)

    Honduran Social Security Institute (IHSS);

  • 6)

    State Secretary in the Offices of Infrastructure and Transport (SIT);

  • 7)

    State Secretary in the Offices of Community Development, Water and Sanitation (FHIS); and, 8. Any other institution that the Coordination of the Commission considers necessary to incorporate. The Coordinator of the Ad-Hoc Commission shall be responsible for the direction and supervision of all interinstitutional actions that are carried out for the attention of the present state of emergency.

Article 3.-

The State Secretary in the Office of Health (SESAL) and the State Secretary in the Offices of Infrastructure and Transport (SIT) are authorized and instructed to undertake direct contracting of goods and services, such as works, design, consulting, supplies, construction, installation and supervision, among others that may be necessary for the reestablishment in the shortest time possible of health services and hospital infrastructure for the care of inhabitants. The foregoing shall be in strict compliance with the requirements and procedures established in the State Contracting Law and other applicable legislation.

Article 4.-

All institutions of the Public Administration are instructed to provide all necessary collaboration that may be requested by the Ad-Hoc Commission for the attention of the present emergency.

Article 5.-

The State Secretary in the Office of Finance (SEFIN) is authorized and instructed to carry out all necessary operations within the scope of its competencies, such as the identification and allocation of funds from national and/or external sources, with the objective of addressing the present state of emergency.

Article 6.-

All corresponding institutions are instructed to request and manage before cooperation organisms the acceleration and implementation as soon as possible of the process that is currently underway for the construction of the "General Hospital of Roatán".

Article 7.-

This Executive Decree is of immediate execution and shall be published in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of Central District, on the 20th day of the month of April of the year two thousand twenty-four (2024). LET IT BE COMMUNICATED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO STATE SECRETARY IN THE OFFICE OF SOCIAL DEVELOPMENT MARLON DAVID OCHOA MARTÍNEZ STATE SECRETARY IN THE OFFICE OF FINANCE TOMÁS EDUARDO VAQUERO MORRIS STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA STATE SECRETARY IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION SERGIO VLADIMIR COELLO DÍAZ STATE SECRETARY IN THE OFFICE OF TRANSPARENCY AND FIGHT AGAINST CORRUPTION RICARDO ARTURO SALGADO STATE SECRETARY IN THE OFFICE OF STRATEGIC PLANNING FREDIS ALONSO CERRATO VALLADARES STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT DORIS YOLANY GARCÍA PAREDES STATE SECRETARY IN THE OFFICE OF WOMEN'S AFFAIRS HECTOR GUSTAVO SÁNCHEZ VELÁSQUEZ STATE SECRETARY IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE CARLA MARINA PAREDES REYES STATE SECRETARY IN THE OFFICE OF HEALTH LUCKY HALACH MEDINA ESTRADA STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ STATE SECRETARY IN THE OFFICE OF EDUCATION ANGÉLICA LIZETH ÁLVAREZ MORALES STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS, BY LAW LAURA ELENA SUAZO TORRES STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL STATE SECRETARY IN THE OFFICE OF ENERGY OCTAVIO JOSÉ PINEDA PAREDES STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORT LESLY SARAHÍ CERNA STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY YADIRA ESTHER GÓMEZ CHAVARRÍA STATE SECRETARY IN THE OFFICE OF TOURISM GLORIA ANNARELLA VÉLEZ OSEJO STATE SECRETARY IN THE OFFICES OF CULTURES, ARTS AND PATRIMONIES OF THE PEOPLES OF HONDURAS WARREN OCHOA ORELLANA STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION DARÍO JOSUÉ GARCÍA VILLALTA STATE SECRETARY IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO) FABIOLA CLAUDETT ABUDOJ MENA STATE SECRETARY FOR THE DEVELOPMENT AND MONITORING OF PROJECTS AND AGREEMENTS LIZETH ARMANDINA COELLO GÓMEZ STATE SECRETARY IN THE OFFICES OF CHILDHOOD, ADOLESCENCE AND FAMILY (SENAF)

Notes

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