Health Information Related Laws

8/12/2019 Health Information Related Laws

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To be able to know some of the laws related to health

information

To be able to discuss ach of this laws and be able to

apply it to daily living

To be able to know your rights, benefits that can be earn,

and penalties to be serve whenever you disobey the law


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The Administrative Order

requires all HCF to graduallyphase-out the use of mercury

containing devices and

equipment. The initial targets

of the phase-out are mercury

thermometers and

sphygmomanometers in the

healthcare facility.

GRADUAL PHASEOUT OF MERCURYIN ALL PHILIPPINEHEALTHCAREFACILITIES ANDINSTITUTIONS


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The key priority areas in patientsafety include but are not limitedto

1. proper patient identification,2. assurance of blood safety,

3. safe clinical and surgicalprocedures,

4. provision and maintenance ofsafe quality drugs andtechnology,

5. strengthening infection controlstandards,

6. maintenance of theenvironment of care standardsand energy and wastemanagement standards.

NATIONAL

POLICY ON

PATIENT SAFETY


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An Act providing for a

national policy on

Responsible Parenthoodand Reproductive Health

RESPONSIBLE

PARENTHOOD AND

REPRODUCTIVE

HEALTH ACT OF

2012

Enacted by

House of

Representatives of the

PhilippinesDate enacted December 19, 2012

Enacted bySenate of the

Philippines

Date enacted December 19, 2012

Date signed December 21, 2012

Introduced by Pia Cayetano


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Informally known as

the Reproductive Health

Law or RH Bill, This law guarantees;

1. universal access to

methods of contraception2. fertility control

3. sexual education

4. Maternal care

RESPONSIBLE

PARENTHOOD AND

REPRODUCTIVE

HEALTH ACT OF

2012


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The proponents state that RHwill mean:

7. Elimination of violence

against women8. Counseling on sexuality and

sexual and reproductivehealth

9. Treatment of breast andreproductive tract cancers

10.Male involvement andparticipation in RH

11.Prevention and treatment ofinfertility

12.RH education for the youth.

RESPONSIBLE

PARENTHOOD AND

REPRODUCTIVE

HEALTH ACT OF

2012


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Penalties

Any violation of this Act or commission ofthe foregoing prohibited acts shall be;

1. penalized by imprisonment rangingfrom one (1) month to six (6) months

2. a fine of Ten thousand pesos(P10,000.00) to One hundredthousand pesos (P100,000.00)

3. or both such fine and imprisonment atthe discretion of the competent court

4. offender is a public officer, electedor appointed, he/she shall alsosuffer the penalty of suspension not

exceeding one (1) year or removaland forfeiture of retirement benefitsdepending on the gravity of theoffense after due notice and hearingby the appropriate body or agency.

RESPONSIBLE

PARENTHOOD AND

REPRODUCTIVE

HEALTH ACT OF

2012


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Penalties

Any violation of this Act or commission ofthe foregoing prohibited acts shall be;

5. offender is ajuridical person, thepenalty shall be imposed upon thepresident or any responsible officer.

6. offender who is an alienshall, afterservice of sentence, be deported

immediately without furtherproceedings by the Bureau ofImmigration.

7. offender is a pharmaceuticalcompany, its agent and/or

distributor, their license or permit tooperate or conduct business in thePhilippines shall be perpetuallyrevoked, and a fine triple the amountinvolved in the violation shall beimposed.

RESPONSIBLE

PARENTHOOD AND

REPRODUCTIVE

HEALTH ACT OF

2012


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An act promulgating acomprehensive policy and

a national system for

ensuring newbornscreening

THE NEWBORN

SCREENING ACT

OF 2004


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Newborn screening

(NBS) is a public healthprogram aimed at the early

identification of infants who

are affected by certaingenetic/metabolic/infectious

conditions.

THE NEWBORN

SCREENING ACT

OF 2004


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Five conditions are currently

screened:

1. CongenitalHypothyroidism

2. Congenital Adrenal

Hyperplasia3. Phenylketonuria,

4. Galactosemia, and

5. Glucose-6-PhosphateDehydrogenase

Deficiency

THE NEWBORN

SCREENING ACT

OF 2004


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Newborn screening shall be

performed after twenty-four

(24) hours of life but not laterthan three (3) days from

complete delivery of the

newborn.

A newborn that must be placed

in intensive care in order toensure survival may be

exempted from the 3-day

requirement but must be tested

by seven (7) days of age.

THE NEWBORN

SCREENING ACT

OF 2004


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Newborn Screening Act of 2004shall ensure the following:

1. that every baby born in the

Philippines is offered NBS2. the establishment and

integration of a sustainable NBSSystem within the public health

delivery system;3. that all health practitioners are

aware of the benefits of NBSand of their responsibilities in

offering it; and4. that all parents are aware of

NBS and their responsibility inprotecting their child from any of

the disorders.

THE NEWBORN

SCREENING ACT

OF 2004


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The highlights of the law and itsimplementing rules and regulationsare:

4. Creation of the NewbornScreening Reference Center atthe National Institutes of Healthand establishment andaccreditation of NSCs equippedwith a NBS laboratory andrecall/follow up program;

5. Provision of NBS services as arequirement for licensing andaccreditation, the DOH and thePhilippine Health InsuranceCorporation (PHIC)

6. Inclusion of cost of NBS ininsurance benefits

THE NEWBORN

SCREENING ACT

OF 2004


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This states that every

employer shall grant to any

pregnant woman employees whohas rendered an aggregate

service of at least six months for

the last twelve months, maternity

leave of at least two weeks priorto the expected date of delivery

and another four weeks after

normal delivery or abortion, withfull pay based on her regular or

average weekly wages.

MATERNITY LEAVE


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SSS maternity benefit shall beequivalent to 100% of the

pregnant employees average

daily salary credit for 60 days,or 78 days in case of caesarian

delivery.

MATERNITY LEAVE


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Checklist for Availment

1. The pregnant woman employee

must have paid at least threemonthly contributions within the

12-month period immediately

preceding the semester of her

childbirth or miscarriage.

2. She has given the required

notification of her pregnancy

through her employer ifemployed, or to the SSS if

separated, voluntary or self-

employed member.

MATERNITY LEAVE


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Highlights

1. Unlike in paternity leave where

valid marriage is a requisite foravailment, the existence of a

valid marriage is not required

to avail of maternity leavebenefits.

2. Entitlement to maternity leave

under the Labor Code andmaternity benefits under the

SSS Law applies only for the

first four deliveries.

MATERNITY LEAVE


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Paternity leave refers to the

benefits granted to a marriedmale employee in the private

and public sectors allowing

him to take a leave for 7days, with full pay, for the

first 4 deliveries of his

legitimate spouse with whom

he is cohabiting.

PATERNITY LEAVE

OF 1996


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The benefit must be availedof not later than 60 days after

date of delivery. The benefit

may be availed of only for thefirst four deliveries. Paternity

leave is not commutable to

cash if not availed of.

PATERNITY LEAVE

OF 1996


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The purpose is for the

father to help take good care of

the newborn while his wife is stillrecuperating.

The paternity benefit may

be availed of before, during or

after delivery, provided the totalnumber of days does not exceed

7 working days. For example,

the employee may take a leaveof 2 days before delivery, 1 day

during delivery, and another 4

days after delivery.

PATERNITY LEAVE

OF 1996


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Conditions for Entitlement toPaternity Leave

1. The employee is lawfully

married;2. He is cohabiting with his

legitimate wife;

3. His wife is pregnant or has

delivered a child or suffered amiscarriage or abortion;

4. Must be of the first fourdeliveries;

5. The employer is notified withinreasonable time of thepregnancy and of date ofexpected delivery (not required

in case of abortion or

PATERNITY LEAVE

OF 1996


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Penalties

Fine: not more than 25,000

Imprisonment: 30 days to not

more than 6monthsPATERNITY LEAVEOF 1996


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Solo Parents Welfare Actprovides for benefits and

privileges to solo parents and

their children.SOLO PARENTSWELFARE ACT OF

2000


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It aims to develop a

comprehensive package ofsocial development and

welfare services for solo

parents and their children to becarried out by the Department

of Social Welfare and

Development (DSWD), as the

lead agency, various

government agencies including

NSO and other related NGOs.

SOLO PARENTS

WELFARE ACT OF

2000


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A solo parentis any individual who falls under anyof the following categories:

6. legal separation or de factoseparation fromspouse for at least one (1) year, as long ashe/she is entrusted with the custody of thechildren;

7. declaration of nullity or annulment of marriageas decreed by a court or by a church as longas he/she is entrusted with the custody of thechildren;

8. abandonment of spouse for at least one (1)year;

9. (3) Unmarried mother/father who has preferredto keep and rear her/his child/children insteadof having others care for them or give them upto a welfare institution;

10. (4) Any other person who solely providesparental care and support to a child or children;

11. (5) Any family member who assumes theresponsibility of head of family as a result ofthe death, abandonment, disappearance orprolonged absence of the parents or solo

parent.

SOLO PARENTS

WELFARE ACT OF

2000


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Benefits available to ALL soloparents

emplo ym ent-related

1. Flexible work schedule

2. solo parent employee can varyhis/her arrival and departure

time without affecting the corework hours as defined by theemployer.

3. The employer shall provide fora flexible working schedule forsolo parents, as long as it shallnot affect individual andcompany productivity.

SOLO PARENTS

WELFARE ACT OF

2000


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The solo parent employee mayavail of parental leave under anyof the following circumstances:

1. Attend to personal milestonesof a child such as birthday,communion, graduation and

other similar events;2. Perform parental obligationssuch as enrollment andattendance in school programs,

PTA meetings and the like;3. Attend to medical social,

spiritual and recreational needsof the child;

SOLO PARENTS

WELFARE ACT OF

2000


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Benefits available to ALL

solo parents

Educational benefitsincludingscholarship programs for

qualified solo parents and their

children in institutions of basic,tertiary and technical/skills

education, and nonformal

education programs appropriate

for solo parents and their

children.

SOLO PARENTS

WELFARE ACT OF

2000


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Benefits available to ALL soloparents

Housing benefits,-allocation ingovernment low-cost housingprojects, with liberal terms ofpayment.

Medical assistance, withcomprehensive health careprograms for solo parents andtheir children to be implemented

by the DOH through their retainedhospitals and medical centers andthe local government units (LGUs)through their

provincial/district/city/municipal

SOLO PARENTS

WELFARE ACT OF

2000


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This law was signed last July

26, 2010 by PresidentBenigno Aquino III. The

mandatory basic

immunization for childrenunder 5 including other types

is determined by the

Secretary of Health.

MANDATORY BASIC

IMMUNIZATION

FOR INFANTS AND

CHILDREN


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This law was signed last July

26, 2010 by PresidentBenigno Aquino III. The

mandatory basic

immunization for childrenunder 5 including other types

is determined by the

Secretary of Health.

MANDATORY BASIC

IMMUNIZATION

FOR INFANTS AND

CHILDREN


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Mandatory Basic

Immunization;

1. BCG Vaccination againsttuberculosis

2. Inoculation against

diphtheria, tetanus, andpertussis

3. Oral poliomyelitis

immunization4. Protection against

measles

MANDATORY BASIC

IMMUNIZATION

FOR INFANTS AND

CHILDREN


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Mandatory Basic

Immunization;5. Immunization against

rubella

6. Immunization againstHepatitis-B

7. Mumps immunization

8. H influenza type B(HIB)

MANDATORY BASIC

IMMUNIZATION

FOR INFANTS AND

CHILDREN


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Penalties

Violations of any provision of

this Decree shall bepunished by imprisonment

not exceeding one month or

a fine not exceeding twohundred pesos, or both such

fine and imprisonment at the

discretion of the court, unless

a higher penalty is provided

for in the Revised Penal

Code or special laws.

MANDATORY BASIC

IMMUNIZATION

FOR INFANTS AND

CHILDREN


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An act to promote, requireand ensure the production of

an adequate supply,

distribution, use andacceptance of drugs and

medicines identified by their

generic names

GENERICS ACT OF

1988


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To promote, encourage andrequire the use of genericterminology in the importation,manufacture, distribution,marketing, advertising andpromotion, prescription and

dispensing of drugs; To ensure the adequate

supply of drugs with genericnames at the lowest possible

cost and endeavor to makethem available for free toindigent patients.

GENERICS ACT OF

1988


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An act providing incentives toall government and private

health institutions with

rooming-in and breast-feeding practices and for

other purposes .

ROOMING IN AND

BREASTFEEDING

ACT OF 1992


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The State adopts rooming-in

as a national policy to

encourage, protect andsupport the practice of

breastfeeding. It shall create

an environment where the

basic physical, emotional,

and psychological needs of

mothers and infants are

fulfilled through the practiceof rooming-in and

breastfeeding

ROOMING IN AND

BREASTFEEDING

ACT OF 1992

B f di h di i


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Breastfeeding has distinctadvantages which benefit theinfant and the mother includingthe hospital and the country thatadopt its practice. It is the firstpreventive health measures that

can give to the child at birth. Italso enhances mother-infantrelationship, Furthermore, thepractice of Breastfeeding could

save the country valuableforeign exchange that mayotherwise be used for milkimportation.

ROOMING IN AND

BREASTFEEDING

ACT OF 1992


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An act integrating drug

prevention and control in theintermediate and secondary

curricula as well as in the

non-formal, informal andindigenous learning systems

and for other purposes.

DRUG EDUCATION

LAW


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Section 1. There shall be

integrated in the intermediateand secondary curricula

whether in public or private

schools as well as in the non-formal, informal and

indigenous learning

programs the ill effects of

drugs abuse, drug addiction,

or drug dependency.

DRUG EDUCATION

LAW


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Sec. 2. The Department of

Education, Culture andSports, in coordination with

the Department of Health

and the Dangerous DrugsBoard, shall promulgate such

rules and regulations as may

be necessary for effective

implementation of this Act.

DRUG EDUCATION

LAW


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It was enacted and passed by

the Senate of the Philippines

and House of Representativesof the Philippines on May 30,

2002 and May 29, 2002,

respectively. It was signed into

law by President Gloria

Macapagal-Arroyo on January

23, 2002. This Act repealed the

Republic Act No. 6425,otherwise known as the

Dangerous Drugs Act of 1972

COMPREHENSIVE

DANGEROUS

DRUGS ACT 2002

D l i f P li I i h


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Declaration of Policy. It is the

policy of the State to safeguard the

integrity of its territory; and the well-

being of its citizenry particularly the

youth, from the harmful effects of

dangerous drugs on their physical

and mental well-being, and todefend the same against acts or

omissions detrimental to their

development and preservation. In

view of the foregoing, the State

needs to enhance further the

efficacy of the law against

dangerous drugs, it being one of

COMPREHENSIVE

DANGEROUS

DRUGS ACT 2002


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Toward this end, the

government shall pursue anintensive and unrelenting

campaign against the trafficking

and use of dangerous drugsand other similar substances

through an integrated system of

planning, implementation and

enforcement of anti-drug abusepolicies, programs, and projects

COMPREHENSIVE

DANGEROUS

DRUGS ACT 2002


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The government shall however

aim to achieve a balance in thenational drug control program

so that people with legitimate

medical needs are notprevented from being treated

with adequate amounts of

appropriate medications, which

include the use of dangerousdrugs.

COMPREHENSIVE

DANGEROUS

DRUGS ACT 2002


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It is further declared the policy

of the State to provide effectivemechanisms or measures to re-

integrate into society individuals

who have fallen victims to drugabuse or dangerous drug

dependence through

sustainable programs of

treatment and rehabilitation.

COMPREHENSIVE

DANGEROUS

DRUGS ACT 2002

CREATING A NATIONAL NUTRITION


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CREATING A NATIONAL NUTRITIONCOUNCIL ANDFOR OTHER PURPOSES

WHEREAS, malnutrition is seriously

affecting millions of our people; WHEREAS, malnutrition retards mental

and physical development of ourchildren, weakens their resistance toinfections resulting in unnecessary loss

of human lives through high infant andchild mortality rates;

WHEREAS, studies indicate that infantsand young children, pregnant womenand nursing mothers are most

vulnerable to malnutrition; WHEREAS, there is a multiplicity of

government agencies engaged invarious aspects of nutrition activities;

NUTRITION

PROGRAM

SEC 7 Nutrition Month The


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SEC. 7. Nutrition Month.Themonth of July shall bedesignated as NUTRITIONMONTH, for the purpose ofcreating greater awarenessamong our people on the

importance of nutrition.Activities thereto shall beapproved and coordinated bythe Council. This Nutrition

Month of July shall be in lieu ofthe previously declaredNutrition Week in March.

NUTRITION

PROGRAM


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Adopting a national code ofmarketing of breastmilk

substitutes, breastmilk

supplements and relatedproducts, penalizing

violations thereof, and for

other purposes

THE MILK CODE


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The aim of the Code is to

contribute to the provision of safeand adequate nutrition for infants

by the protection and promotion

of breastfeeding and by ensuring

the proper use of breast milksubstitutes and breast milk

supplements when there are

necessary, on the basis ofadequate information and

through appropriate marketing

and distribution.

THE MILK CODE

Sec 5 Information and Education


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Sec. 5. Information and Education

Information and educationalmaterials, whether written, audio, or

visual, dealing with the feeding ofinfants and intended to teachpregnant women and mothers ofinfants, shall include clear

information on all the followingpoints:

1. the benefits and superiority ofbreastfeeding;

2. maternal nutrition, and thepreparation for and maintenanceof breastfeeding;

3. the negative effect on

breastfeeding of introducing-

THE MILK CODE

Sec 5 Information and Education


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Sec. 5. Information and Education

4. the difficulty of reversing thedecision not to breastfeed; and

5. where needed, the proper use ofinfant formula, whethermanufactured industrially or home-prepared. When such materialscontain information about the use ofinfant formula, they shall include the

social and financial implications ofits use; the health hazards ofinappropriate foods or feedingmethods; and, in particular, thehealth hazards of unnecessary or

improper use of infant formula andother breastmilk substitutes. Suchmaterials shall not use any pictureor text which may idealize the use ofbreastmilk substitutes.

THE MILK CODE


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WHEREAS, the health of thepeople, being of paramount

importance, all efforts of

public services should bedirected towards the

protection and promotion of

health; and

CODE ON

SANITATION


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Section 3 Functions of the


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Section 3.Functions of theDepartment of Health TheDepartment shall have the

following powers and functions:(a) Undertake the promotion andpreservation of the health of thepeople and raise the healthstandards of individuals andcommunities throughout thePhilippines;

(b) Extend maximum healthservices to the people in ruralareas and provide medical care tothose who cannot afford it by

reason of poverty;

CODE ON

SANITATION

Section 3 Functions of the Department of


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Section 3.Functions of the Department ofHealth The Department shall have thefollowing powers and functions:

(c) Develop, administer andcoordinate various health activitiesand services which shall includepublic health, preventive, curative

and rehabilitative programs,medical care, health and medicaleducation services;

(d) Upgrade the standards of

medical practice, the quality ofhealth services and programs toassure the people of better healthservices;

CODE ON

SANITATION



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Section 3.Functions of theDepartment of Health TheDepartment shall have the

following powers and functions:(e) Assist local health agencies indeveloping public health programsincluding medical care, andpromote medical and public healthresearch;

(f) Issue permits to establish andoperate government and privatehospitals, clinics, dispensaries,schools of nursing, midwifery, andother para-medical course,puericulture centers, clinicallaboratories and blood banks;

CODE ON

SANITATION



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Section 3.Functions of the

Department of Health The

Department shall have thefollowing powers and

functions:

(g) Prescribe standard rates of

fees for health, medical,

laboratory, and other public

health services; and

(h) Performs such other

functions as may be provided by

law.

CODE ON

SANITATION


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An act granting additional

benefits and privileges tosenior citizens, further

amending republic act no.

7432, as amended,

otherwise known as "an act

to maximize the contribution

of senior citizens to nation

building, grant benefits andspecial privileges and for

other purposes"

Expanded Senior

Citizens Act of

2010.

This Act shall serve the


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This Act shall serve thefollowing objectives:

"(a) To recognize the rights of

senior citizens to take theirproper place in society andmake it a concern of the family,community, and government;

"(b) To give full support to theimprovement of the total well-being of the elderly and their

full participation in society,considering that senior citizensare integral part of Philippinesociety;

Expanded Senior

Citizens Act of

2010.



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following objectives:

"(c) To motivate andencourage the senior citizens

to contribute to nation

building;

"(d) To encourage their

families and the communities

they live with to reaffirm the

valued Filipino tradition of

caring for the senior citizens;

Expanded Senior

Citizens Act of

2010.


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An act to legalizepermissions to use human

organs or any portion or

portions of the humanbody for medical, surgical,

or scientific purposes,

under certain conditions


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Section 1. A person mayvalidly grant to a licensedphysician, surgeon, knownscientist, or any medical orscientific institution, authority

to detach at any time afterthe grantor's death anyorgan, part or parts of hisbody and to utilize the same

for medical, surgical orscientific purposes.


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Similar authority may also be

granted for the utilization formedical, surgical, or scientific

purposes, of any organ, part

or parts of the body which,

for a legitimate reason, would

be detached from the body of

the grantor.


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Sec. 2. The authorizationreferred in section one of this Act

must; be in writing; specify theperson or institution granted theauthorization, the organ, part orparts to be detached, the use oruses of the organ, part or partsare to be employed; and signedby the grantor and twodisinterested witnesses.


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There are various environmental laws in the Philippinesrelated to health, healthcare facilities and nursing

practice. These laws serve as basis and guidance in the

protection and preservation of human life and the

environment. There are also laws concerning the maternal, child and

infants even laws concerning paternal sides that help

each of us. This health information related laws help

people to be aware of their rights and benefits they canreceive.

Health information is needed by each and everyone of

us. Knowing this laws helps one to be aware of the things

he/.\she deserves.


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Documents

Health Information Related Laws