Executive Decree PCM-16-2022 by which a State of Sanitary Emergency is declared in the Public Health System at the national level

This decree declares a State of Health Emergency throughout Honduras' public health system during 2022 due to critical shortages of medicines (62% shortage) and surgical medical supplies at the IHSS. The measure allows direct purchases of medicines without following ordinary bidding procedures to ensure rapid care for patients with severe and critical conditions.

Whereas the Constitution of the Republic establishes that the exercise of the Executive Power is held in representation and for the benefit of the people by the President of the Republic, being 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 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 supreme direction and coordination of the Centralized and Decentralized Public Administration and in the exercise of her functions, may act by herself or in Council of Ministers (article 11).

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

Whereas article 142 of the Constitution of the Republic establishes that Social Security services shall be provided and administered by the Honduran Social Security Institute (IHSS). Likewise, article 1 of the Constitutive Law of the IHSS establishes that Social Security is an instrument of the State at the service of Social Justice, which has as its objectives to guarantee the human right to health, medical care, protection of means of subsistence and social services necessary to achieve individual and collective well-being, an extreme that is also ratified by article 25 of the Universal Declaration of Human Rights.

Whereas the public treasury was devastated by the previous Administration of the State, leaving the national health service depleted and with a large amount of debts in different fundamental areas to protect the life of the population.

Whereas the Board of Directors of the IHSS instructed its President to submit to the Presidency of the Republic the request for declaration of a State of Emergency, due to the shortage of 62% of medicines and approximately 49% of surgical medical materials in the institution's central warehouse, since without the necessary medical supplies, timely and quality assistance cannot be provided to beneficiaries.

Whereas in response to the public calamity produced by the shortage of medicines and essential surgical medical materials, the IHSS has carried out several procurement processes for the acquisition of these supplies, which have been partially declared unsuccessful or void. Furthermore, there is added the delay in the procurement process of some medicines and surgical medical materials in the national and international market. Consequently, it would be materially impossible to restock the IHSS following ordinary purchase processes, putting at serious risk the health of beneficiaries in severe and critical condition, who urgently demand medicines and surgical medical materials that have not yet been acquired by the IHSS.

Whereas in accordance with the State Procurement 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 by Executive Decree PCM 07-2022, a HEALTH EMERGENCY STATE was declared throughout the national territory for the year 2022, due to the shortage in the Department of State for the Office of Health, of various essential and/or vital medicines such as: Heparin, Dextrose, Oxytocin, Enalapril, Clopidogrel, Human Immunoglobulin, among others. Furthermore, due to the general deficit in the inventory of medicines, of approximately fifty percent (50%) at the national level.

Whereas the State Procurement Law provides that direct contracting may be carried out when it has the purpose of meeting the needs caused by an emergency situation (article 63, numeral 1).