Law for the Prevention and Care of Oncology Patients

PURPOSE.- This Law has as its purpose to ensure universal and comprehensive access for persons with cancer, establishing a regulatory and operational framework for the planning, development, and execution of public policies, programs, and actions aimed at the prevention, early detection and diagnosis, timely treatment, palliative care, and rehabilitation of cancer in any of its manifestations, forms, or denominations, which promotes the reduction in morbidity and mortality. Likewise, campaigns shall be developed to promote and guarantee access to the Human Papillomavirus vaccine and to permanently ensure the supply of this vaccine.

SCOPE OF APPLICATION.- This Law is mandatory for compliance by any natural or legal person, public institutions, autonomous institutions, nonprofit organizations, or private entities that perform procedures or activities related to the prevention, early detection, diagnosis, treatment, and rehabilitation of cancer, including the Honduran Social Security Institute (IHSS) and institutions that make up the National Health System.

PRINCIPLES.- The principles governing this Law are:

• 1)

  Altruism;

• 2)

  Voluntariness;

• 3)

  Gratuity;

• 4)

  Subsidiarity;

• 5)

  Solidarity;

• 6)

  Transparency;

• 7)

  Equity;

• 8)

  Bioethics;

• 9)

  Quality;

• 10)

  Warmth;

• 11)

  Effectiveness; and, 12) Empathy.

GOVERNING AUTHORITY.- The Governing Entity in the application, execution, and follow-up of this Law is the State Secretariat in the Office of Health.

ATTRIBUTIONS OF THE GOVERNING ENTITY.- The State Secretariat in the Office of Health, as the Governing Entity, has the following attributions:

• 1)

  Update of the National Policy for the Prevention, Detection, Timely Diagnosis, Treatment, and Rehabilitation of Oncology Patients, ensuring its mandatory application;

• 2)

  Preparation of the National Plan for Education, Prevention, Training of Human Resources, Detection and Early Diagnosis, Timely Treatment, Palliative Care, and Rehabilitation of Oncology Patients;

• 3)

  To elaborate, disseminate, and operationalize the National Program for the Prevention, Detection and Early Diagnosis, Timely Treatment, Palliative Care, and Rehabilitation of Oncology Patients, as well as their respective protocols;

• 4)

  To organize and operationalize the mechanisms for a National Network of Care for Oncology Patients, which must provide timely diagnosis that indicates the comprehensive treatment that the patient should receive, in a prompt and systematic manner at different levels of care, guaranteeing the highest probability of cure of their disease, and in the event that such cure cannot be guaranteed, to provide the patient with the greatest survival with quality and in a comprehensive manner;

• 5)

  To ensure comprehensive treatment that has the greatest potential to contribute to the patient's health, improving quality of life, guaranteeing the reduction of mortality or disease-free survival and the physical and mental rehabilitation in accordance with clinical and scientific evidence of treatments that have shown the best results in patients in terms of quality, safety, and effectiveness;

• 6)

  To renew the operational capacity in infrastructure, equipment, and technologies at minimum in: radiotherapy, positron emission tomography, computed axial tomography equipment and nuclear magnetic resonance for oncology services, oncology nuclear medicine technology, and other new technologies, appropriate medications for each case, and supplies in the facilities of the National Care Network, according to the classification of cancer;

• 7)

  To guarantee the supply of appropriate medications and therapies, such as: Chemotherapies, targeted therapies, monoclonal antibodies, immunotherapies, and new medications;

• 8)

  To promote and facilitate comprehensive qualification of health personnel at different levels of care in the prevention, care, and rehabilitation of cancer, in aspects such as: Leadership, multidisciplinary teamwork, humanization, awareness-raising, and urgency in placing the patient at the center, evaluation of health technologies, knowledge, adoption and design of regulations, guidelines, and care guides for oncology patients, and scientific research and compliance with the National Registry of Oncology Patients;

• 9)

  To establish the mechanisms for referral and counter-referral of patients with suspected or diagnosed cancer;

• 10)

  To elaborate and update the National Registry of Oncology Patients, which allows for knowledge of the incidence, prevalence, clinical evolution, morbidity, and mortality of this disease in the country, implementing the digitalization of diagnostic and treatment tools, which permit the collection, processing, analysis of data, and decision-making;

• 11)

  To facilitate citizen participation, of social and community organizations, as well as nonprofit organizations and patient organizations in the prevention, promotion, education, accompaniment, and follow-up of persons with cancer;

• 12)

  To promote the execution of national and international cooperation agreements with governments and public and private entities, as well as nonprofit organizations for: Comprehensive exchange of cancer experiences, research and development of clinical studies, teaching, diagnosis, and treatment;

• 13)

  In close coordination with the State Secretariat in the Office of Science, Technology, and Innovation (SENACIT), State Secretariat in the Office of Education (SEDUC), the National Autonomous University of Honduras (UNAH), the Honduran Social Security Institute (IHSS), Emma Romero de Callejas Cancer Center, and other institutions that contribute to this matter, to elaborate the National Educational Program for Cancer Awareness, adapting it to each level of formal education; and,

• 14)

  To promote through the Honduran Social Security Institute and any other entity or unit within institutions that make up the System, private entities, and nonprofit organizations, to conduct clinical, technological, and public health research that permit the identification of social and environmental determinants related to this pathology.

PALLIATIVE CARE.- Members of the National Health System that perform procedures or activities related to the prevention, early detection, diagnosis, treatment, and rehabilitation of cancer shall concentrate their efforts to guarantee palliative care for all oncology patients in terminal phase, as well as for the family and the population, which shall be regulated by the Governing Entity.

NATIONAL NETWORK OF CARE FOR ONCOLOGY PATIENTS.- The Governing Entity in close coordination with health service providers that make up the National Health System, with the installed capacity of each one, shall organize the National Network of Care for Oncology Patients, hereinafter "The Network" at different levels of care, with the purpose of efficiently resolving comprehensive care for persons with any manifestation, form, or denomination of cancer. It is the responsibility of The Network to receive and properly channel, regardless of its origin, every patient referred due to a suspicion, diagnosis, and treatment of oncology patients, who shall be attended in accordance with the referral criterion established by the attending physician.

NATIONAL BANK OF ONCOLOGY MEDICATIONS AND SUPPLIES.- The Governing Entity, in coordination with the National Health System, shall create a National Bank of Oncology Medications and Supplies that will be used for the diagnosis and treatment of persons with cancer, which include: Chemotherapy, targeted therapies, monoclonal antibodies, immunotherapies, ionizing radiation therapies, and other new medications with solid scientific basis that guarantee the highest probability of cure or disease-free survival; likewise, it may promote the joint purchase of the same.

MANDATORY CARE.- All public and private health service providers must comply with the cancer patient care standards established by the Governing Entity in accordance with the classification or levels of care of health facilities and the functions attributed to them.

BUDGET.- The State Secretariat in the Office of Health is instructed to allocate a specific budget item within the budget proposal for each fiscal year, destined exclusively for the implementation and effective execution of this Law. Additionally, the Secretariat shall present a report to the National Congress, detailing any need for additional funds that are essential to successfully achieve the objectives established in this legislation.

REGULATIONS.- The head of the State Secretariat in the Office of Health must issue the Regulations of this Law within a period of ninety days from its entry into force.

ADVISORY COUNCIL.- The Oncology Advisory Council is created, which shall be composed of the State Secretariat in the Office of Health, the Honduran Social Security Institute (IHSS), the Medical Oncology Association, the Medical College of Honduras, the National Autonomous University of Honduras (UNAH), Oncology Organizations, Oncology Centers, Honduran Association of Children with Cancer, and other similar entities.

ENTRY INTO FORCE.- This Law shall enter into force from the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Sessions Chamber of the National Congress, on the nineteenth day of the month of March in two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Execute. TEGUCIGALPA, M.D.C., March 26, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE STATE SECRETARIAT IN THE OFFICE OF HEALTH