Free Vaccine Law for All against Covid-19
Congreso Nacional
- Decree: 162-2020
- Published: December 7, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,452
- Category: Health
Summary
This law guarantees that all Hondurans receive the COVID-19 vaccine for free. The State, through the Ministry of Health and the Social Security Institute, is authorized to purchase quality international vaccines and distribute them at no cost to the entire population, effective until December 2021.
Considerations
Whereas the Constitution of the Republic establishes in its Article 59 that the human person is the supreme purpose of society and the State and that all have the responsibility to respect and protect it and, as a consequence, the same legal text in its Article 145 recognizes the right to health protection and determines that it is the duty of all to participate in the promotion and preservation of personal and community health.
Whereas the National Health System is governed by the Secretariat of State in the Office of Health (SESAL) and through it the State of Honduras guarantees health for all through all public and private institutions that comprise the System.
Whereas the State of Honduras is recognized internationally for the use of best practices through the Secretariat of State in the Office of Health (SESAL) in the implementation of the Expanded Program on Immunization (EPI)/National Vaccination Schedule that offers at least twenty (20) vaccines to the national population and said Program has been recognized as an international success case.
Whereas the State of Honduras has access to the Revolving Fund of the Pan American Health Organization (PAHO) which ensures the purchase of high-quality and safe vaccines, prequalified by the World Health Organization (WHO), at accessible prices, timely supply, and transparency in their procurement.
Whereas the SAR-COV-2 virus that causes COVID-19 disease requires the application of a vaccine to all susceptible persons who need it, and given that international laboratories are in the final stages of producing it and making it available to the world population, it is necessary that the State of Honduras guarantee access to sufficient doses to protect the entire national population, which is why from July 7 of the current year, the President of the Republic requested COVAX to be part of the group of countries that have guaranteed access to the vaccine against COVID-19 disease free of charge; this action ensures the State of Honduras' access to the vaccine, partly through donation and partly through acquisition with own funds.
Whereas the participation of all public and private institutions, including the Honduran Social Security Institute (IHSS), in the task of vaccine administration is important, as established by the Law on Vaccines of the Republic of Honduras.
Whereas in accordance with what is established in Article 142 of the Constitution of the Republic, social security services shall be provided and administered by the Honduran Social Security Institute (IHSS) which shall cover cases of illness, maternity, family allowance, old age, orphanhood, forced unemployment, work accidents, verified unemployment, occupational diseases, and all other contingencies that affect productive capacity.
Whereas the Honduran Social Security Institute (IHSS) in accordance with its Constitutive Law, establishes in its Article number 1 that "Social security is an instrument of the State in service of social justice, which aims to guarantee the human right to health, medical care, the protection of means of subsistence and the social services necessary to achieve individual and collective well-being, which constitutes a public service", has considered it necessary within its strategic plan for pandemic prevention, the acquisition of vaccines that allow protection of beneficiaries, who constitute in their majority the economically active population.
Whereas for the sustainability and fulfillment of strategic objectives for mitigating the negative effects of the COVID-19 Pandemic, the acquisition of vaccines that guarantee the protection of the health of Hondurans and that help the economic recovery and sustainability of the country is indispensable.
Whereas the Government of the Republic, through Executive Decree PCM-005-2020 published in the Official Gazette "La Gaceta" on February 10, 2020, declared a state of health emergency throughout the national territory due to the COVID-19 Pandemic.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is an attribution of the National Congress: To create, decree, interpret, reform, and repeal laws.
Articles
This Law is of public interest and has the purpose of guaranteeing to the Honduran population free and universal access to the vaccine against the SAR-COV-2 virus that produces the COVID-19 disease, through the participation of all public and private institutions legally authorized by the Constitution, the Law, and the Secretariat of State in the Office of Health (SESAL).
The Secretariat of State in the Office of Health (SESAL) is authorized to proceed with the acquisition of vaccines against the SAR-COV-2 virus that produces the COVID-19 disease, through the Revolving Fund for Vaccines of the Pan American Health Organization PAHO/WHO and to ensure its availability in sufficient quantity for the entire population, in accordance with what is established in the Law of Vaccines of the Republic of Honduras, contained in Decree No. 288-2013 dated January 13, 2014, published in the Official Gazette "La Gaceta" dated March 26, 2014, in Edition No. 33,389, and to incorporate it into the National Vaccination Schedule through the Expanded Program on Immunization (PAI).
The Executive Branch is authorized to proceed through the Secretariat of State in the Office of Finance (SEFIN) to make budgetary adjustments in order to guarantee the acquisition of sufficient vaccines to ensure free and equitable access to the vaccine against the SAR-COV-2 virus that produces the COVID-19 disease for the entire Honduran population.
The Honduran Institute of Social Security (IHSS) is authorized to proceed, exceptionally and for this unique occasion only, to acquire directly, without intermediaries and without subjection to the provisions established in the State Procurement Law, and to carry out the pertinent actions and procedures for the acquisition of vaccines against the SAR-COV-2 virus that produces the COVID-19 disease, for the coverage and care of the affiliates of the Honduran Institute of Social Security (IHSS).
The Honduran Institute of Social Security (IHSS) must proceed to make the necessary budgetary modifications for the acquisition of vaccines against the SAR-COV-2 virus that produces the COVID-19 disease, without requiring in this case an Opinion from the Secretariat of State in the Office of Finance (SEFIN), nor subsequent Legislative approval beyond this Decree.
The Honduran Institute of Social Security (IHSS) must guarantee that the acquisition of vaccines against the SAR-COV-2 virus that produces the COVID-19 disease shall be carried out under the observance of transparent mechanisms and with manufacturers of vaccines approved by international organizations, ensuring the quality of the vaccines and that they are obtained at the fairest price.
The pharmaceutical company contracted by the Honduran Institute of Social Security (IHSS) for the acquisition of vaccines against the SAR-COV-2 virus that produces the COVID-19 disease must guarantee that it is part of the initiatives led by the World Health Organization (WHO), and in this manner the vaccines and supplies acquired by the Honduran Institute of Social Security (IHSS) are exempt from all regulatory, supervisory, and control processes for COVID-19 vaccines, and in this case must request from the Health Regulatory Agency (ARSA), the summarized protocols of production and control, as well as the quality control certificate from the producing laboratory and the batch release certificate issued by the Regulatory Authority of Origin.
The Honduran Institute of Social Security (IHSS), in all matters not provided for in this Law, shall regulate them for the specific case of the Honduran Institute of Social Security (IHSS) in accordance with what is established in the Law of Vaccines of the Republic of Honduras, contained in Legislative Decree No. 288-2013 dated January 13, 2014, published in the Official Gazette "La Gaceta" dated March 26, 2014, in Edition No. 33,389.
The Executive Branch must create an advisory and consultative body by convening national experts in the matter. The vaccine to be acquired by the State must be approved by the United States Food and Drug Administration (FDA).
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta" and shall remain in force until December 31, 2021. Given in the city of Tegucigalpa, municipality of the Central District, in the Session held virtually, on the third day of the month of December of two thousand twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., December 7, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF HEALTH ALBA CONSUELO FLORES
Related laws
- Decreto Legislativo No. 162-2020 — Ley de Vacuna Gratuita para Todos contra el COVID-19 (Decree 162-2020, 2020)
- Decreto Legislativo No. 162-2020 — Ley de Vacuna Gratuita para Todos Contra el COVID-19 (Decree 162-2020, 2020)
- Decreto Legislativo No. 8-2021 — Reforma a la Ley de Vacuna Gratuita para Todos Contra el COVID-19 (Decree 8-2021, 2021)
- Reform of Articles of the Free Vaccination Against COVID-19 Law — This law reforms the regulations so the Ministry of Health and IHSS can purchase COVID-19 vaccines directly, bypassing bidding procedures, prioritizing quick acquisition and sufficient quantity for the entire population. It ensures healthcare workers are vaccinated first, guarantees transparency with oversight from the Court of Accounts, and requires vaccines to have emergency authorization. It benefits all Hondurans by accelerating free access to the vaccine. (Decree 8-2021, 2020)
- Free Vaccine Law for All Against COVID-19 — This law guarantees that all Hondurans receive the COVID-19 vaccine for free. The State, through the Health Ministry and Social Security Institute, is authorized to purchase quality internationally-approved vaccines and distribute them at no cost to the entire population to protect national health. (Decree 162-2020, 2020)