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 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.
Considerations
Whereas the Constitution of the Republic establishes in its Article 59 that the human person is the supreme end 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 the protection of health 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 directed by the Secretary 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 make up the System.
Whereas the State of Honduras is recognized at the international level for the use of good practices through the Secretary of State in the Office of Health (SESAL) in the implementation of the Extended Immunization Program (PAI) / National Vaccination Schedule that offers at least twenty (20) vaccines to the national population and that said Program has been recognized as a successful case internationally.
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, pre-qualified by the World Health Organization (WHO), at accessible prices, timely supply and transparency in their purchase.
Whereas the SAR-COV-2 virus that causes COVID-19 disease requires the application of a vaccine to all susceptible persons who require it, and given that international laboratories are in the final process 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 as of 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 for free, this action ensures the State of Honduras' access to the vaccine, partly as donation and partly through acquisition with its own funds.
Whereas the participation in the vaccine application task of all public and private institutions is important, including the Honduran Institute of Social Security (IHSS), as established by the Vaccine Law of the Republic of Honduras.
Whereas in accordance with the provisions of Article 142 of the Constitution of the Republic, social security services shall be provided and administered by the Honduran Institute of Social Security (IHSS) which shall cover cases of illness, maternity, family allowance, old age, orphanhood, forced labor stoppage, work accidents, proven unemployment, occupational diseases and all other contingencies that affect the capacity to produce.
Whereas the Honduran Institute of Social Security (IHSS) in accordance with its Constitutional Law, establishes in its Article number 1 that "Social security is an instrument of the State in the service of social justice, which has as its purpose to guarantee the human right to health, medical assistance, the protection of means of subsistence and the social services necessary for the achievement of 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, which allow protecting the 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 helps the recovery and economic sustainability of the country is indispensable.
Whereas the Government of the Republic, by 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 its purpose is to guarantee the Honduran population free and universal access to the vaccine against the SAR-COV-2 virus that produces COVID-19 disease, through the participation of all public and private institutions legally authorized by the Constitution, the Law, and the State Secretariat in the Office of Health (SESAL).
The State Secretariat in the Office of Health (SESAL) is authorized to proceed with the acquisition of vaccines against the SAR-COV-2 virus that produces COVID-19 disease, through the Revolving Fund for Vaccines of the Pan American Health Organization PAHO/WHO and ensure its availability in sufficient quantity for the entire population, in accordance with the provisions established in the Vaccine Law 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 incorporate it into the National Vaccination Scheme through the Expanded Immunization Program (PAI).
The Executive Branch is authorized to proceed through the State Secretariat in the Office of Finances (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 COVID-19 disease for the entire Honduran population.
The Honduran Social Security Institute (IHSS) is authorized to proceed, exceptionally and for this single occasion only, to acquire directly, without intermediaries, and without subjection to the provisions established in the State Contracting Law, to carry out the pertinent actions and management for the acquisition of vaccines against the SAR-COV-2 virus that produces COVID-19 disease, for the coverage and care of the affiliates of the Honduran Social Security Institute (IHSS).
The Honduran Social Security Institute (IHSS) must proceed to make the necessary budgetary modifications for the acquisition of vaccines against the SAR-COV-2 virus that produces COVID-19 disease, without requiring in this case an Opinion from the State Secretariat in the Office of Finances (SEFIN), nor subsequent Legislative approval of this Decree.
The Honduran Social Security Institute (IHSS) must guarantee that the acquisition of vaccines against the SAR-COV-2 virus that produces COVID-19 disease shall be carried out under the observance of transparent mechanisms and with vaccine manufacturers that are approved by international organizations, ensuring the quality of the vaccines and that they are obtained at the most fair price.
The pharmaceutical company contracted by the Honduran Social Security Institute (IHSS) for the acquisition of vaccines against the SAR-COV-2 virus that produces COVID-19 disease must guarantee that it is part of the initiatives led by the World Health Organization (WHO), thereby excepting the vaccines and supplies acquired by the Honduran Social Security Institute (IHSS) from any regulation, supervision, and control process of COVID-19 vaccines, and in this case must request from the Sanitary Regulation 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 Social Security Institute (IHSS), in all matters not provided for in this Law, must regulate them for the specific case of the Honduran Social Security Institute (IHSS) in accordance with the provisions established in the Vaccine Law 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 field. The vaccine that the State will acquire must be approved by the United States Food and Drug Administration (FDA).
This Decree enters 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: Execute. Tegucigalpa, M.D.C., December 7, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF HEALTH ALBA CONSUELO FLORES