IRR of REPUBLIC ACT NO. 11358, July 18, 2024
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11358 OR THE NATIONAL VISION SCREENING ACT
Rule I.
GENERAL PROVISIONS
SECTION 1. Short Title–These rules and regulations shall be known as the Implementing Rules and Regulations (IRR) of Republic Act No. 11358, otherwise known as the “National Vision Screening Act”
SEC. 2. Declaration of Policy–Pursuant to Article II, Section 15 of the 1987 Philippine Constitution, it is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them. In line with this policy, the State shall endeavor to promote every Filipino’s full potential through good vision by creating ways and means to address vision problems, including blindness, among children.
Towards this end, the State shall institute a program that will help screen the school children for visual problems.
SEC. 3. Purpose–This IRR shall provide the concerned national government agencies, and other public and private institutions and organizations the guidelines for the implementation and operations of the national vision screening program to ensure that every kindergarten learner in the Philippines is given the opportunity to undergo vision screening.
SEC. 4. Definition of Terms–For the purposes of this IRR, the terms below shall be defined as follows:
| a. |
Act refers to Republic Act No. 11385 or the National Vision Screening Act.
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| b. |
Eye Care Practitioners refer to board-certified eye care professionals referred by Department of Health (DOH) and Philippine Eye Research Institute (PERI) to correct and improve the condition and acuity of the learners’ vision.
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| c. |
IRR refers to the Implementing Rules and Regulations of Republic Act No. 11358 or the National Vision Screening Act.
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| d. | Kindergarten learner refers to learners or pupils under the kindergarten education which is a one (1) year of preparatory education for children at least five (5) years old as a prerequisite for Grade I as provided for in Section 4 of RA No. 10533 or the Enhanced Basic Education Act of 2013. |
| e. | Screeners refer to the personnel employed or enlisted by DepEd to conduct the vision screening on kindergarten learners. |
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f.
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Vision screening refers to the set of tests and procedures performed to kindergarten learners as an initial measure to detect common eye issues or the probability with the specific aim of determining the need to refer the assessed learners to eye care professionals for further evaluation.
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Rule II.
NATIONAL VISION SCREENING PROGRAM
SEC. 5. Establishments and Objectives of a National Vision Screening Program–The National Vision Screening Program (NVSP) is hereby established under the Department of Education (DepEd) which is primarily intended to screen the eye vision of kindergarten learners.
The NVSP shall be aligned with existing rules and guidelines on school health of DepEd and DOH.
The NVSP shall be established to achieve the following objectives:
| a. |
To conduct a simple vision screening test on kindergarten learners through DepEd personnel and identify pupils with possible visual problems;
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| b. |
To identify early childhood visual problems;
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| c. |
To provide immediate attention to visually impaired kindergarten learners and create a referral system so that they may be checked and treated by eye care practitioners;
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| d. |
To develop an integrated vision screening results database for all kindergarten learners; and
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| e. |
To conduct continuing research on the state of visual impairment of kindergarten learners.
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SEC. 6. Program Implementation–DepEd shall lead the implementation of the NVSP, in coordination with DOH and PERI, which is under the National Institute of Health of the University of the Philippines (UP).
In the implementation of the NVSP, DepEd, in coordination and consultation with DOH and PERI, shall perform the following tasks:
| a. |
Administration of the Vision Screening Program-Administer an annual vision screening to all public kindergarten learners using the Vision Screening Kit which include charts with symbols or numbers, occluders, and transparent response key. Provided, that DOH and PERI may recommend to adopt new methods of vision screening based on the latest trends and developments.
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For this purpose, the vision screening described herein shall not in any way or form be considered a practice of optometry as defined and regulated by RA No. 8050 or the Revised Optometry Law of 1995.
DepEd shall issue policy guidelines to adopt one and the same standard method of test to be used nationwide to ensure uniform implementation, assessment, and analysis of the vision screening.
| b. |
Administration of the Vision Screening Program-Administer an annual vision screening to all public kindergarten learners using the Vision Screening Kit which include charts with symbols or numbers, occluders, and transparent response key. Provided, that DOH and PERI may recommend to adopt new methods of vision screening based on the latest trends and developments.
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| c. |
Training of DepEd personnel-coordinate with PERI and DOH on the training and certification of DepEd personnel in conducting the vision screening program consistent with the provisions of Rule IV, Section 9 of this IRR. |
DepEd, in collaboration with DOH and PERI, may engage services of other agencies and establish linkages with eye care practitioners and create ways and means to address vision problems among kindergarten learners.
| d. |
Vision Screening Database System-Subject to compliance with the provisions of RA No. 10173 or the “Data Privacy Act of 2012,” create a vision screening database which shall contain the following:
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| 1. | Results of the screening per child; and |
| 2. | Visual conditions diagnosed by eye care practitioners per child. |
Data taken from the Vision Screening Database System may be shared with PERI, DOH, or Philhealth subject to rule outlined in the Rule IV, Section 7 of this IRR.
| e. |
Monitoring and Evaluation-Monitor and evaluate the implementation of the NVSP.
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DepEd shall issue policy guidelines on how to monitor and evaluate the implementation of the NVSP.
Private schools shall be encouraged to adopt their own system of vision screening for kindergarten pupils enrolled in their respective schools, subject to standards under the NVSP.
Rule III.
IMPLEMENTING AGENCIES AND ORGANIZATIONS AND THEIR ROLES AND RESPONSIBILITIES
SECTION. 7. Roles of each agency— The effective implementation and delivery of quality NVSP shall be the joint responsibility of the national government agencies tasked in the Act and this IRR to carry out the program.
SEC. 7.1. Roles of DepEd–As the lead agency on the implementation of the mandates of the Act and this IRR, DepEd shall perform the following:
| a. |
Formulate and issue policy guidelines and directives on the implementation of the NVSP in accordance with Section 6 of this IRR;
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| b. |
Take the lead in the creation of the advisory group, council and other working committees to ensure coordination of the NVSP activities across agencies and stakeholders;
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| c. |
Plan and coordinate with other implementing agencies in the conduct of the national training for the trainers and screeners of the NVSP;
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| d. |
Conduct national advocacy activities to partners and other stakeholders;
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| e. |
Provide of technical assistance to the regional, division, district offices, schools and all levels of governance as needed;
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| f. |
Consolidate reports submitted by regional, division, district offices and schools which will be shared with DOH, PERI, and other government agencies if deemed necessary for the accomplishment of the purposes of the Act or this IRR;
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| g. |
Formulate and implement a tool for the Monitoring and Evaluation of the NVSP in collaboration with PERI and DOH to ensure the quality implementation of the NVSP;
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| h. |
Coordinate with PERI and DOH as to the provision of their recommended training materials such as the Vision Training Kit, occluders, and transparent response key or any methods or modality and kits based on the latest trends and developments recommended by DOH and PERI;
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| i. |
Ensure the security and confidentiality of the stored data obtained through the Act and this IRR; and
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j.
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Issue policy guidelines and protocols on how to obtain and share with DOH, PERI & Philhealth the generated vision screening results, subject to the provisions of RA No. 10173 or the “Data Privacy Act.”
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SECTION. 7.2. Roles of PERI–To ensure accomplishment of the purposes of the Act and this IRR, the PERI shall:
| a. |
Coordinate with DepEd on the implementation of Vision Screening on kindergarten learners;
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| b. |
Ensure continuous training and certification of trainers who will conduct vision screening training for screeners in conducting NVSP, consistent with Rule II, Section 6 (b) and Rule IV, Section 9 of this IRR.;
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| c. | Recommend the appropriate materials to be used in the Vision Screening, consistent to Rule II, Section 7 of this IRR; |
| d. |
Perform continuing research on childhood related eye vision ailments, consistent with Rule II, Section 5 (e) and Rule IV, Section 11 of this IRR; and
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| e. |
Provide manpower, technical assistance, clinical support, and feedback in the implementation of the NVSP.
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SECTION 7.3. Roles of DOH and PERI–DOH and PERI shall:
| a. |
Ensure the conduct of research and provide evidence-based recommendations to the DepEd on matters pertaining to the NVSP; and
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| b. |
Provide, whenever deemed necessary, human resource support and technical assistance for the execution of the NVSP.
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SECTION 7.4. Roles of DepEd and DOH–DepEd and DOH shall issue a joint memorandum of agreement and guidelines, in coordination with PERI, on how to keep and utilize the Vision Screening Continuing and Research Fund (VSCR), subject to existing budgeting, accounting, and auditing rules and regulations.
Rule IV.
MISCELLANEOUS PROVISIONS
SEC. 8. Philhealth’s Benefit Package. — The Philippine Health Insurance Corporation (PhilHealth) shall develop a benefit package as part of the Universal Health Care Program in consultation with DepEd, DOH, and PERI.
The benefit package shall cover the standards of care, as determined by DOH, for prevention and/or treatment of eye diseases of children with visual impairment covering services from consultation, assessment, provision of appropriate devices, rehabilitation, and other benefits as deemed suitable subject to actuarial consideration.
SEC. 9. Vision Screening Training. — PERI shall be mainly responsible for the training of Vision Screening Trainers for purposes of quality assurance. It shall likewise recommend the appropriate vision screening modalities, tools, and materials to be used.
PERI, in coordination with DepEd and DOH, shall develop training kits, modules, materials such as the Vision Screening Kits, occluders, transparent response key or any methods or modality and kits based on the latest trends and developments recommended by DOH.
For this purpose, PERI is hereby authorized to established autonomous and distinct center or team of technical professionals within the PERI. This center or team shall operate under the direct supervision and administration of PERI, contingent upon availability of funds of PERI and approval from Department of Budget and Management.
SEC. 10. Research–DOH and PERI shall ensure the conduct of research and provide evidence-based recommendations to DepEd on matters pertaining to the NVSP. Furthermore, PERI shall perform continuing research on childhood related eye vision ailments.
DepEd may be involved in the conduct of research related to the NVSP to ensure effective and efficient delivery of services to basic education learners.
SEC. 11. Vision Screening Results Database Sharing. — The vision screening database containing the results of the screening per child and visual conditions diagnosed by the eye care practitioners and other data gathered shall be shared by and among DepEd, DOH, and PERI and other concerned agencies of government.
DepEd shall release a policy guidelines and protocols governing the acquisition and dissemination of vision screening results with DOH, PERI, PhilHealth and concerned agencies of government. This guidelines shall be formulated in compliance with the provisions in the Data Privacy Act of 2012. Provided, that any shared data shall be limited to such information that are relevant to their roles and functions as determined in the Act and this IRR.
SEC. 12. The Vision Screening Continuing Research Fund. — There is hereby created a Vision Screening Continuing Research (VSCR) Fund to be sourced from any donation or bequest made by DepEd, the DOH or PERI in favor of the NVSP which shall be subject to existing budgeting, accounting, and auditing rules and regulations. The VSCR Fund shall be used to fund PERI for its continuing research program in connection with childhood related eye vision ailments.
DepEd, PERI, and DOH may establish their respective VSCR Trust Fund from any donation, grant, bequest, endowment, and contribution made to them in favor of the NVSP.
DepEd and DOH, in coordination with PERI shall issue joint guidelines on how to keep and utilize the VSCR Fund coming from donations, grants, bequests and contributions, mentioned in the preceding paragraph subject to existing budgeting, accounting, and auditing rules and regulations.
SEC. 14. Tax Exemption. —All grants, bequests, endowments, donations and contribution made to DepEd, DOH, or PERI for the NVSP and for the VSCR Fund to be used actually, directly and exclusively by the DepEd, the DOH, or the PERI for the NVSP and for the VSCR Fund shall be exempt from donor’s tax and the same shall be allowed as allowable deduction from the gross income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.
The guidelines provided in relation to Section 12 of this IRR shall also include the provision for tax exemptions on donations, bequests, endowments, and other contributions made to DepEd, DOH, or PERI, in consultation and coordination with the Bureau of Internal Revenue.
Rule V.
FINAL PROVISIONS
SEC. 15. Appropriation.—The amount of Ten million pesos (P10,000,000.00) shall be included in the annual budget of PERI of University of the Philippines – Manila to cover the implementation of the Act for public kindergarten learners. Thereafter, such sum as may be needed for the continued implementation of the Act shall be included in the annual General Appropriations Act to implementing agencies.
However, for kindergarten learners enrolled in private schools, the funding for the implementation of their respective school’s vision screening program shall be assumed by private schools concerned.
SEC. 16. Separability Clause.-If any provision of this IRR is held invalid or unconstitutional, the other provisions not so declared shall remain in force and effect.
SEC. 17. Repealing Clause.–Rules and regulations contrary to or inconsistent with the provision of this IRR are hereby repealed or amended accordingly.
SEC. 18. Effectivity.–This IRR shall take effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.
This IRR shall be registered with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.
Done this 18th day of July 2024.
| (Sgd.) SARA Z. DUTERTE |
| Vice President of Republic of the Philippines and Secretary of the Department of Education |
| (Sgd.) TEODORO J. HERBOSA) |
| Secretary |
| Department of Health |
| (Sgd.) LEO DP CUBILLAN |
| Director |
| Philippine Eye Research Institute |
| National Institutes of Health |
| University of the Philippines Manila |
