ORDINANCE NO: 2021-494 Authored by: Hon. Fernando y. Pameron "AN ORDINANCE PROHIBITING THE HOARDING AND SELLING OF MEDICAL OXYGEN TO OUT-PATIENTS OR PERSONS WITHOUT PROVEN MEDICAL NEEDS IN PAGADIAN CITY DURING PUBLIC HEALTH EMERGENCIES (EPIDEMIC OR PANDEMIC PERIODS) AND PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES" WHEREAS, R.A. 7160 Section 16 provides that Local Government Units shall exercise powers for the promotion of general welfare, preserve and promote health and safety of their constituents, maintain peace and order, enhance the right of the people to human dignity, and preserve the comfort and convenience of their inhabitants; WHEREAS, it was experienced that during pandemic period (COVID 19 surge), wherein cases of patients in need of medical oxygen in the hospital rises, medical oxygen was not available and supply is insufficient as far as the demand is concerned; WHEREAS, information from dealers showed that there were out-patient individuals buying medical oxygen for home use or for preparation purposes once their family members will be affected of the disease (COVID 19); WHEREAS, medical oxygen is often used in general medicine such that the availability of medical oxygen can make the difference between life and death, hence, it is essential to ensure continuous oxygen supply at all times; NOW, THEREFORE, be it ordained by the 13th City Council in session assembled that: SECTION 1. TITLE. - This Ordinance shall be known as "An Ordinance Prohibiting the hoarding and selling of medical oxygen to out-patients or persons without proven medical needs in Pagadian City during public health emergencies (Epidemic or Pandemic periods) and providing penalties for violation thereof and for other purposes." SECTION 2. PURPOSE. - This Ordinance shall serve as guidelines and precautionary measures to preclude any person or entity from hoarding or do "reservations" of medical oxygen for future use or for personal benefits during public health emergencies due to epidemic or pandemic outbreaks. SECTION 3. DEFINITION OF TERMS. - For this purpose, the following term shall be construed to mean, as follows: Epidemic - a widespread occurrence of an infectious disease in a community at a particular time or an outbreak of disease that spreads quickly and affects many individuals at the same time. Pandemic - is an epidemic occurring on a larger scale that crosses international boundaries usually affecting people on a worldwide scale. Oxygen - The odorless gas that is present in the air and necessary to maintain life. Oxygen may be given in a medical setting, either to reduce the volume of other gases in the blood or as a vehicle for delivering anesthetics in gas form. It can be delivered via nasal tube, an oxygen mask, or an oxygen tent. Patients with lung disease or damage may need to use portable oxygen devices on a temporary or permanent basis. Medical Oxygen - is a high purity oxygen that is used for medical treatments and is developed for use in the human body. Medical oxygen cylinders contain a high purity of oxygen gas; no other types of gases are allowed in the cylinder to prevent contamination. There are additional requirements and rules for medical oxygen, which includes requiring a person to have a prescription to order medical oxygen. Hoarding - The act of collecting something and keeping it for oneself; often in a secret place. Wholesaler - those who purchased products from manufacturer's/suppliers and sell it to the retailers. Retailer - those who sell products directly to the consumers or the end users. SECTION 4. REGULATIONS. - For purposes of this Ordinance, the following regulations shall govern on the sale and use of medical oxygen during epidemic or pandemic periods. 4.1 Hoarding of medical oxygen by any person or entity during period of health emergencies shall be prohibited. All local suppliers, distributors, wholesalers and retailers shall be required to report the actual number of medical oxygens on stock, purchased and sold in accordance with the guidelines to be set forth by the City Mayor with the sole purpose of proper monitoring of the items. 4.2 That the use of medical oxygen during health emergencies shall only be for patients or persons in need specifically those having respiratory difficulties. SECTION 6. SEPARABILITY CLAUSE. - If any provision or portion of the Ordinance, is declared illegal and/or found to be violative of the Constitution and declared invalid by a court of competent jurisdiction, the remainder of this Ordinance not so declared otherwise shall not be affected and shall remain in full force and effect. SECTION 7. REPEALING CLAUSE. - All Ordinances, executive orders and rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed, amended and or modified accordingly. SECTION 8. EFFECTIVITY CLAUSE. - This Ordinance shall take effect upon its approval and after its publication in a newspaper of general circulation for three (3) consecutive issues. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 103rd Regular Session conducted on 27 October 2021 via Video Conferencing.