Legal Mandates Related to Nutrition and Diet Therapy PDF

Republic of the Philippines TARLACSTATEUNIVERSITY COLLEGE OF SCIENCE DEPARTMENT OF NURSING Lucinda Campus, Brgy. Binaug...

Republic of the Philippines TARLACSTATEUNIVERSITY COLLEGE OF SCIENCE DEPARTMENT OF NURSING Lucinda Campus, Brgy. Binauganan, Tarlac City Philippines Tel.no.: 4931865 Fax: (045) 982-0110 website: www.tsu.edu.ph Accredited Level 3 status by the Accrediting Agency of Chartered Colleges and Universities in the Philippines, Inc. (AACCUP) Legal Mandates Related to Nutrition and Diet Therapy A. Food and Drug Administration (FDA) The Food and Drug Administration (FDA) is the national health product regulatory agency created by Republic Act (RA3720), as amended by Executive Order No. 175 and RA 9711. FDA regulates the drugs, medical devices, food, cosmetics and toys, and Household/Urban Hazardous substances. The FDA’s main goal is to ensure the health and safety of food and drugs made available to the public. Administrative order no. 62 s. 1968 General regulations for the enforcement of food, drugs, and cosmetic act (B-5 special dietary food ⎯ This administrative order insures safe and good quality of food, drug and cosmetic, and regulates the production, sale and traffic of the same in which health of people is protected. Administrative Order No. 2014-0030 Rules and Regulations amending certain provisions of Administrative Order No. 88-B s. 1984 or the “Rules and Regulations Governing the Labeling of Prepackage Food Products Distributed in the Philippines.” and For Other Purposes. ⎯ Prior to consumption of food, Filipinos are enlightened of every information that they must know. This prevents any complication that might occur, such as food allergies, food poisoning as a result of mishandling food or consuming expired food. If any of this complication occur as a result of lack of information on the food label, the general public can keep track or contact the company or manufacturer of the food. ⎯ This also benefits nurses by preventing them from distributing food that is not nutritious or recommended, also expired foods Administrative Order No. 153 s. 2004 Revised Guidelines on Current Good Manufacturing Practice in Manufacturing, Packing, Repacking or Holding Food ⎯ The purpose of this order is to cover person(s) or establishment(s) that manufacture, package, repack or hold food products to ensure the quality and safety ⎯ This order gives people an assurance that food for human consumption is safe and has been prepared, packed, and held under sanitary conditions. By following this, one shall know that all products are safely packed and stored in a clean environment using clean equipment. Bureau Circular No. 2007-002 Guidelines in the Use of Nutrition and Health Claims in Food ⎯ The purpose of this law is to enforce compulsory labeling, and fair packaging to enable consumers to obtain accurate information as to the nature, quality and quantity of the contents of consumer products and to facilitate comparison of the value of such products. The FDA adopts the, Codex Alimentarius Commission Guidelines for Use of Nutrition and Health Claims Bureau Circular No. 16 series of 2005 Adopting the 2002 Recommended Energy and Nutrient Intakes as the New Dietary Standard ⎯ Benefits: → RENI serves as a vital and essential tool recognized in the nutrition and health community as the source of information on recommended energy and nutrient intakes for the maintenance of good health.  Executive Order No. 51 "National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplement and Other Related Products. " (Milk Code) ⎯ The purpose of this law is to contribute to the provision of safe and adequate nutrition for infants by the protection and promotion of breastfeeding and by ensuring the proper use of breastmilk substitutes and breastmilk supplements when these are necessary, on the basis of adequate information and through appropriate marketing and distribution Republic Act No. 8172 An Act Promoting Salt Iodization Nationwide and for Related Purposes ⎯ In order to achieve the following objectives: to contribute to the elimination of iodine deficiency disorders; to require salt producers/manufacturers to iodize the salt they manufacture, produce, distribute, trade and/or import; for the food processing and the food service industries to use only iodized salt; to provide mechanisms and incentives for the salt industry; to ensure the sustainability of the salt iodization program; etc. This law mandates food establishments or food manufacturers that all salt for animal and human consumption be iodized. B. Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule. Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule. Covered Entities The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities: ▪ Healthcare providers: Every healthcare provider, regardless of size of practice, who electronically transmits health information in connection with certain transactions. These transactions include claims, benefit eligibility inquiries, referral authorization requests, and other transactions for which HHS has established standards under the HIPAA Transactions Rule. ▪ Health plans: Entities that provide or pay the cost of medical care. Health plans include health, dental, vision, and prescription drug insurers; health maintenance organizations (HMOs); Medicare, Medicaid, Medicare Choice, and Medicare supplement insurers; and long-term care insurers (excluding nursing home fixed-indemnity policies). Health plans also include employer- sponsored group health plans, government- and church-sponsored health plans, and multi- employer health plans. Exception: A group health plan with fewer than 50 participants that is administered solely by the employer that established and maintains the plan is not a covered entity. ▪ Healthcare clearinghouses: Entities that process nonstandard information they receive from another entity into a standard (i.e., standard format or data content), or vice versa. In most instances, healthcare clearinghouses will receive individually identifiable health information only when they are providing these processing services to a health plan or healthcare provider as a business associate.  ▪ Business associates: A person or organization (other than a member of a covered entity’s workforce) using or disclosing individually identifiable health information to perform or provide functions, activities, or services for a covered entity. These functions, activities, or services include claims processing, data analysis, utilization review, and billing. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 contains the following three major provisions: Portability — The portability provisions provide available and renewable health coverage and remove the pre-existing condition clause, under defined guidelines, for individuals changing employers and health plans. Medicaid Integrity Program/Fraud and Abuse — The Medicaid Integrity Program (MIP) guarantees that the Centers for Medicare & Medicaid Services (CMS) has a funding source for integrity activities and expands its authority to hire anti-fraud contractors. Administrative Simplification — The administrative simplification provision implemented standard transaction and code sets, identifiers, security, and privacy rules across the healthcare industry C. National Nutrition Council of the Philippines (NNCP) The National Nutrition Council was created by Presidential Decree 491 (1974) as the country's highest policy-making and coordinating body on nutrition. The NNC Governing Board is the collegial body that is chaired by the Secretary of Health. The Board is composed of ten government organizations (DOH, DA, DILG, DepED, DSWD, DTI, DOLE, DOST, DBM and NEDA) represented by their secretaries, and three representatives from the private sector who are appointed by the President for a two-year term with possible reappointment. Presidential Decree No. 491 "Nutrition Act of the Philippines " ⎯ Benefits: → With the different programs under this act, people become aware of the different principles associated with nutrition, its importance to our health Republic Act No. 8976 "Philippine Food Fortification Act ⎯ Benefits: → The program contributes to the health of the general public by fortifying processed foods or food products with essential nutrients to control micronutrient deficiency in Filipino diet. → In addition, Filipinos become more aware of the foods that they consume by checking the nutrition label. (The DOH Administrative Order (A.O.) No. 4-A What are the functions/mandates of NNC? 1. Formulate national food and nutrition policies and strategies; 2. Coordinate planning, monitoring, and evaluation of the national nutrition program; 3. Coordinate the release of funds, loans, and grants from government organizations and nongovernment organizations; and 4. Call on any department, bureau, office, agency and other instrumentalities of the government for assistance in the form of personnel, facilities and resources as the need arises. Year Signed Code Title Purpose 1974 Presidential Decree Nutrition Act of the Creation of the National No. Philippines Nutrition Council (NCC) 491 of the Philippines as the highest policy-making and coordinating body on nutrition. 1986 Executive Order 51 National Code of Provision of safe and adequate Marketing of nutrition for infants; Protection Breastmilk and promotion of Substitutes, breastfeeding; Ensuring the Breastmilk proper use of breastmilk Supplements and substitutes and breastmilk Other Related supplements Products when necessary 1992 RA 7394 Consumer Act of the Provide protection to consumers Philippines against hazards to health and safety and deceptive, unfair, and unconscionable sales acts and practices 1992 RA 7600 The Rooming-in and An act providing Breastfeeding Act incentives to all government and private health institutions with rooming-in and breastfeeding practices and for other purposes. 1995 RA 8172 Act for Salt Iodization Contribute to the Nationwide (ASIN Law) elimination of micronutrient malnutrition in the country, particularly iodine deficiency disorders, through the cost- effective preventive measures of salt iodization; require all producers manufacturers of food-grade salt to iodize the salt that they produce, manufacture, import, trade or distribute 2000 RA 8976 Food Fortification Act To prevent and limit nutritional deficiency problems in the Philippines, a Food Fortification plan provides for the addition of nutrients to processed foods or food products as per Recommended Dietary Allowances 2008 RA 9711 Food and Drug RA 3720 of the Republic of Administration Act the Philippines was amended with the passage of a new law. The FDA  act of 2009 created the Food and Drug Administration (FDA) in the Department of Health to be headed by a Director General with the rank of Undersecretary of Health 2009 RA 10028 Expanded An act expanding the Breastfeeding promotion of Promotion Act breastfeeding, amending for the purpose RA 7600 2013 RA 10611 Food Safety Act Strengthens food safety regulatory system in the country; provides protection to consumers so they will have access to local foods and food products that they have undergone thorough and rigid inspection 2015 RA 10862 Nutrition and Dietetics The standardization and Law regulation of nutrition and dietetics education; (b) the examination, registration and licensing of nutritionist-dietitians; (c) the standardization, supervision, control, and regulation of the practice of nutrition and dietetics; (d) the development of professional competence of nutritionist-dietitians through continuing profession 2018 RA 11148 Kalusugan at An act scaling up the national Nutrisyon ng Mag- and local health and nutrition Nanay Act programs through strengthened integrated strategy for maternal, neonatal, child health, and nutrition in the first one thousand (1000) days of life.