Republic of the Philippines

Department of Health
OFFICE OF THE SECRETARY

2l November2016
DEPARTMENT MEMORANDUM
No.2016 - 0hso

ALL DIRECTORS OF THE DOH REGIONAL OFFICES

SUBJECT: Reiteration and Clarification on the Department Memorandum No.

2015-0254 "Frequently Asked Ouestions (FAOs) and their Answers on
the Temporarv Restraining Order (TRO) Reqarding Reproductive
Products and Imnlanon and Implanon NXT"

This is to reiterate and to clarify some provisions specified under the Department
Memorandum No. 2015-0254 dated July 30,2015, entitled "Frequently Asked Questions (FAQs)
and their Answers on the Temporary Restraining Order (TRO) Regarding Reproductive Products
and Implanon and Implanon NXT". This DM was issued in accordance with the TRO dated June
17, 2015 issued by the Supreme Court to the Food and Drug Administration (FDA) and
Department of Health (DOH). Specifrcally, to reiterate items number 3 and 5 of the DM 2015-
0254, to wit:

"3. What does the TRO cover?

The TRO restruins (1) the FDA from granting any uncl all pending applicutions
for recertijication of 'reproductive products and supplies, including
contruceptive drugs and devices' und (2) the DOH from 'procuring, selling,
distributing, dispensing or administering, advertising or promoting Implanon
and Implanon NXT"'

The TRO only applies to the FDA and DOH-procured Implanon and Implanon NXT
supplies. Other govemment agencies, DOH-ARMM, local govemment units (LGUs), private
sector and civil society organizations (CSOs) are independent and autonomous, hence are not
covered by the TRO.

They can only be considered as "agents, representatives, or other persons acting in behatf
of the DOH" if the Implanon and Implanon NXT being used are fiom the DOH. Therefore, they
are encouraged to utilize ALL their family planning contraceptive methods, including their own
lmplanon and lmplanon NXT supply and those donated by the development partners.

"5. Are ull FP commodities covered by the TRO?

No. The TRO only covers Implanon and Implanon NXT. All other contraceptive
drugs and devices that were re-certified by the FDA (see list &ttached) prior to the
TRO cun be procured, sold, distributed, clispensed, administered, udvertised and
promoted by the DOH, other government agencies/units, non-governmental
organizations und individuals. "

Building l, San Lazaro Cornpouncl, Rizal Ave., Sta. Cruz, 1003 Manila o Trunk Line 651 -7800 local I I 13, I 108, I 135
Direct Line: 7l l-9501; Telefbx: (632) 7326659o URL http://u'rvrv.doh.gov.ph, e-rnail: otliceof'soh@doh.gov.ph
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The TRO only covers the brand names, Implanon and Implanon NXT of progestin
subdermal implant (PSI) contraceptives procured by the DOH, before the TRO's issuance. The
DOH Regional Offices and health service providers ("agents, representatives, or other persons
acting in behalf rf the DOH"), including paftner CSOs, should continue providing all other FP
contraceptive drugs and devices certified by the FDA (except Implanon and Implanon NXT). The
following DOH centrally procured and supplied FP commodities are not covered by the TRO:
a. Combined Oral Contraceptives (Femme)
b. Progestine-OnlyPills (Exluton)
c. Depot Medroxyprogesterone Acetate (Depo-Gestin)
d. Copper Intrauterine Devices (Securi-T)
e. Standard Days Method Cycle Beads
Lastly, to clarify items number 7 and 9 of the DM 2015-0254:

"7. Cctn LGU health care providers provide Implanon or Implunon NXT?
No. LGU heulth cure providers ure covered by the TRO because they ure public
heslth care providers and are considered us "agents, representatives, or other
persons acting in behalf of the DOH"

The above answer corresponds to those LGU health care providers using the DOH-
procured Implanon and ImplanonNXT supply, which makes them"agenrs " of the DOH. Butthose
LGUs, private sector and CSO health care providers, acting on their own family planning
program/initiative, are not covered by the TRO. Therefore, they can provide their Implanon and
Implanon NXT supplies including those donated by development partners, among other FP
methods.
"9. Can DOH Regional Offices conduct training on insertion und removal of
Implanon and Implanon NXT?

DOH Regionul Offices csnnot conduct training on Implanon and Implanon NXT
insertion because the TRO includes 'dispensing or administering' Implanon und
Implanon NXT removal. However, they can continue to train on Implanon and
Implanon NXT removal"

Although the TRO does not explicitly restrain training for PSI insertion, the said training
wilf require insertion ("dispensing or administering") of Implanon and Implanon NXT. However,
following the discussions above, as long as DOH Implanon and Implanon NXT supply are not
being used for the said training, qualified PSI training providers can continue their training for the
LGUs, CSOs and private health care providers. Further, PhilHealth shall continue accrediting
health seryice providers, who have successfully completed the said training, since accreditation is
not covered by the TRO.

Dissemination of this DM is hereby enjoined for information and guidance of other

concemed.

tyo of Health,

GERARDO YUGO, MD, MPH, CESO III

Undersecreta of Health
Office for Tec nical Services

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