Amended Pma Code of Ethics

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    CODE OF ETHICS OF

    THEPHILIPPINE MEDICAL

    ASSOCIATION

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    ARTICLE 1

    GENERAL PRINCIPLES

    Section 1. The primary objective of thepractice of medicine is service to mankindirrespective of race, age, disease,disability, gender, sexual orientation,social standing, creed or politicalaffiliation. In medical practice, reward or

    financial gain should be a subordinateconsideration.

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    Section 2. On entering the profession, aphysician assumes the obligation ofmaintaining the honorable tradition that

    confers the well deserved title of a friendof mankind. The physician should cherisha proper pride in the calling and conducthimself/herself in accordance with thisCode and in the generally acceptedprinciples of the International Code ofMedical Ethics.

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    Section 3. Physicians should fulfill thecivic duties of a good citizen, mustconform to the laws and cooperate withthe proper authorities in the application ofmedical knowledge for the promotion ofthe common welfare. Section 4. Physicians should worktogether in harmony and mutual respect.

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    Section 5. Physicians should cooperatewith and safeguard the interest,reputation and dignity of paramedical andother health professionals.Section 6. Physicians should be upright,diligent, sober, modest and well versed inboth the science and the art of theprofession.

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    Section 7 . The promotion andadvancement of the health of the patientsshould be prioritized over the benefits ofthe physicians and the health productsindustries.

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    ARTICLE II

    DUTIES OF PHYSICIANS TO THEIR

    PATIENTS

    Section 1. A physician should bededicated to provide competent medical

    care with full professional skill inaccordance with the current standards ofcare, compassion, independence andrespect for human dignity.Section 2. A physician should be free tochoose patients.

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    Section 3. In an emergency, providedthere is no risk to his or her safety, aphysician should administer at least firstaid treatment and then refer the patient tothe primary physician and/or to a morecompetent health provider and

    appropriate facility if necessary.

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    Section 4. In serious/difficult cases, orwhen the circumstances of the patient orthe family so demand or justify, theattending physician should seek theassistance of the appropriate specialist.Section 5. A physician should exercisegood faith and honesty in expressing

    opinion/s as to the diagnosis, prognosis,and treatment of a case under his/hercare.

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    A physician shall respect the right of thepatient to refuse medical treatment.Timely notice of the worsening of thedisease should be given to the patientand/or family. A physician shall notconceal nor exaggerate the patientscondition except when it is to the lattersbest interest. A physician shall obtain fromthe patient a voluntary informed consent.

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    In case of unconciousness or in a state ofmental deficiency the informed consentmay be given by a spouse or immediaterelatives and in the absence of both, bythe party authorized by an advanceddirective of the patient. Informed consent

    in the case of minor should be given bythe parents or guardian, members of theimmediate family that are of legal age.

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    Section 6. The physician should hold assacred and highly confidential whatevermay be discovered or learned pertinent tothe patient even after death, except whenrequired in the promotion of justice, safetyand public health.

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    Section 7. Professional fees should becommensurate to the services renderedwith due consideration to the patientsfinancial status, nature of the case, timeconsumed and the professional standingand skill of the physician in the

    community.

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    ARTICLE III

    DUTIES OF PHYSICIANS TO THE

    COMMUNITY

    Section 1. A physician should cooperatewith the duly constituted health

    authorities in the education andenforcement of laws and regulations forthe promotion of health.

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    Furthermore, in times of epidemic andpublic calamity, except when his or herpersonal safety is at stake, the physicianmust attend to the victims, alert the publicand duly constituted health authorities onthe dangers of communicable diseases

    and enforce measures for prevention andcure in accordance with existing laws,rules and regulations.

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    Section 2. A physician shall assist thegovernment in the administration of

    justice in accordance with law. He/shemaybe accorded a fair and justremuneration when called upon as anexpert witness.

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    Section 3. A physician is encouraged toexpose and report to the properauthorities unlicensed medicalpractitioners, charlatans and quacks in asmuch as their nefarious practices maycause injury to health and life. A physician

    should never condone nor connive withsuch fake health providers.

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    Section 4. A physician shall not employagents in the solicitation and recruitmentof patients. For the promotion of medical

    practice, a physician may use professionalcards, classified advertising, publications,internet, directories and signboards.Signboards shall not exceed one by two(1x2) meters in size.

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    Except in internet web sites, only thename of the physician, field of specialty,office hours or office or residential

    addresses may appear. The act of thephysician in publishing his or her personalsuperiority, special certificates ordiplomas, post graduate training, specificmethods of treatment, operativetechniques or former connections withhospitals or clinics is not allowed.

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    However, these matters may be placed by aphysician within the confines of his clinic orresidence. For internet web sites,

    recognizing the right of a patient to knowthe capabilities and qualifications of hisdoctor, special certificates or diplomas, post

    graduate training and former connectionswith hospitals or clinics may be posted.

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    Section 5. A physician involved in multimedia must be well informed of the matterunder discussion. Only the name of thephysician and membership to a society orinstitution may be mentioned or posted. Aphysician should only make a general

    opinion and shall refrain from making aspecific diagnosis, therapy or projection to

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    individual cases in his appearances in thebroadcast media. An article written by aphysician must be evidence-based anddisclose connections with pharmaceuticalor health product companies. A physicianshall not commercially endorse any

    medical or health product.

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    JOINT DOH-DTI-IPO-BFAD ADMINISTRATIVE ORDER

    NO. 2008-01THE IMPLEMENTING RULES ANDREGULATIONS OF REPUBLIC ACT9502 OTHERWISE KNOWN AS THE

    UNIVERSALLY ACCESSIBLECHEAPER AND QUALITY MEDICINES

    ACT OF 2008

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    Drugs and medicines refer to any chemicalcompound or biological substance, other thanfood, intended for use in the alleviation ofsymptoms and the treatment, prevention or

    diagnoses of diseases in humans or animals,including but not limited to:(1) Articles recognized in the current officialUnited StatesPharmacopoeia-National Formulary (USP-NF),official HomeopathicPharmacopoeia of the United States, PhilippinePharmacopoeia,

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    official Philippine National Drug Formulary(PNDF), BritishPharmacopoeia, European Pharmacopoeia,JapanesePharmacopoeia, Indian Pharmacopoeia,any national compendium

    or any supplement to any of them;

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    (2) Articles intended for use in thediagnosis, cure, mitigation, treatment, orprevention of disease in humans oranimals;

    (3) Articles other than food intended toaffect the structure or anyfunction of the human body or animals;

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    (4) Articles intended for use as acomponent of articles specified inclauses (1), (2), or (3) not includingdevices or their components, parts, oraccessories; and

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    (5) Herbal and/or traditional drugs whichare articles of plant or animal origin usedin folk medicine that are:

    (i) Recognized in the Philippine NationalDrug Formulary Vol. I (Essential DrugsList);

    (ii) Intended for use in the treatment, cureor mitigation ofdisease symptoms, injuryor body defects in humans;

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    (iii) Other than food, intended to affect thestructure or any function of the human body;(iv) In finished or ready-to-use dosage form;

    and(v) Intended for use as a component of any ofthe articles specified in clauses (i), (ii), (iii), and(iv).(6) In case of conflicts, the BFAD drugclassification will prevail.

    ARTICLE IV

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    ARTICLE IV

    DUTIES OF PHYSICIANS TO THEIR

    COLLEAGUES AND

    TO THE PROFESSION

    Section 1. A physician shall waive hisprofessional fees to a colleague, his or her

    spouse, children and parents who arefinancially dependent on him. Section 2. When necessary, theattending physician should always seekconsultation from an available appropriatespecialist.

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    Section 3. The primary and consultantphysicians should always observe theproper protocol of the referral system. The

    consultant may make another referral butshould seek permission from the primaryphysician. In making a referral, aphysician should forward a clinical abstractand specify the purpose as to whether thecase is for opinion/evaluation, for co-management, or for transfer of service.

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    Section 4. With the consent of thepatient, in cases where a physician has tosuspend service during temporaryabsences, the substitute physician shalltreat the patient with the same dedicationand quality of care extended to his/her

    own patient. The patient should bereturned to the care of the primaryphysician as soon as possible.

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    Section 5. Whenever a physician makes a

    social or business call on a patient underthe care of another, making commentspertaining to the case is unethical unless ifan emergency arises.Section 6. Whenever there is anirreconcilable difference of opinion in themanagement of a case, the matter should

    be referred to the Philippine Medical Association or the specialty societyconcerned.

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    Section 7. Members of the editorial boardof medical journals should possessadequate qualifications. Written articlesand scientific presentations in scientificconferences should include full disclosureof any pharmaceutical support and should

    be independent of any commercialinfluence.

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    Section 8. A physician shall not receiveany commission for referring patients to acolleague, third person or institution.However, nominal gifts during occasionsmay be received by a physician. Section 9. A physician is encouraged toreport to the Philippine Medical Association

    or the Board of Medicine personalknowledge of any corrupt or dishonestconduct of the members of the profession.

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    Section 10. Continuing medical educationconferences and professional meetingsmust contribute to improve and optimizepatients care or address the educationalneeds of the targeted medical audience.They must be organized by a medical

    society on its own or in cooperation withsponsoring entities.

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    Section 11. Funds from commercialsources may be accepted for the benefitof the association or society.

    Section 12. Physicians may acceptreasonable subsidies from health andother industries to support theirparticipation in CME events.

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    Section 13. The faculty/speaker/consultantof conferences or meetings is allowed toaccept from health industries honoraria andreimbursement for reasonable

    transportation, lodging and meal expenses. Section 14. Scholarships for physicians and medical students are permissible as long as

    the selection of scholars are made by theorganizers or academic institutionsconcerned.

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    Section 15. Generic names shall be usedduring the course of CME activities.However, after the lectures, thesponsoring entity may promote or indicatetheir branded products.

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    Section 16. When commercial exhibitsare part of the overall program,arrangements for these should notinfluence the planning nor interfere withthe CME activities. Only relevantinformation of the product should be

    included in the exhibit area.

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    Article V

    DUTIES OF PHYSICIANS TO ALLIED

    PROFESSIONALS

    Section 1. Physicians should never paynor receive commission to or from anyallied health worker for cases referred.

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    ARTICLE VI

    RELATIONSHIP OF PHYSICIANSWITH THE

    HEALTH PRODUCTS INDUSTRY

    Section 1. The physician shall not derive

    any form of material gain fromproduct samples.

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    Section 2. Physicians may participate inpost-marketing or similar activities wherethey are asked to try new products onpatients provided that the patients areproperly informed and have given theirinformed consent. Physicians are

    encouraged to report or share the resultof such activities to the duly constitutedauthorities.

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    Section 3. Only gifts of reasonable valuethat primarily entail benefit to patient careor related to physicians work may be

    accepted by a physician from a healthproduct company. Section 4. Physicians may requestdonations for a charitable purpose for aslong as it does not redound to his or herpersonal benefit.

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    Section 5. Research activities shall be

    ethically defensible, socially responsible,and scientifically valid. Any remunerationshould be reasonable and should not

    constitute an enticement.Section 6. Research trials conducted byphysicians for an industry should be donein accordance with the national orinstitutional guidelines for the protection ofhuman subjects.

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    ARTICLE VII

    AMENDMENTS

    Section 1. The Board of Governors of the Association, upon recommendation of theCommission on Ethics may amend orrepeal this code by a 2/3 vote of themembers of the Board. Amendments shallbe subsequently ratified by the General

    Assembly following the approval by theBoard.