Professional Documents
Culture Documents
MTLE
MTLE
MTLE REVIEW
Gerard Andrew Ramos, RMT
Slide 2
Guidelines
460 BC
• The Greek physician Hippocrates, also known as the
father medicine, formulated the famous Hippocratic
Oath, the code of ethics for practicing physicians.
• In this oath, he described the four “humors” or body
fluids in man:
• Blood
• Phlegm
• Yellow Bile
• Black Bile
• One of the first schools for training workers was established at the
University of Minnesota. A course bulletin was entitled “Courses in
Medical Technology for Clinical and Laboratory Technicians” was
issued in 1922.
• World War II is the most widespread was that occurred from 1939
to 1945. On the 7th day of December in 1941, the Pearl Harbor was
invaded by Japan. Three days after, Japan invaded the Philippines
causing the wrath of the U.S. to flare up. The effects of the war
between the two rivals were very grave. Sickness and death due to
illness were rampant.
• The said laboratory was located at Quiricada, Sta. Cruz, Manila, but
now known as the Public Health Laboratory, a division of the
Manila Health Department.
• The World War ended on September 1945, and barely a month after,
the laboratory was formerly re-organized by Dr. Alfredo Pio de Roda
and assisted by Dr. Mariano Icasiano who was then the Manila City
Health Officer. The laboratory was later name Manila Public
Health Laboratory.
Slide 30
• Realizing this, Dr. Pio de Roda instructed Dr. Sta. Ana to prepare a
formal syllabus of the training program. In 1954, the training began
using a syllabus and it was to last for 6 months. A short while after, Dr.
Briones joined the two.
• The training program offered by Dr. Pio de Roda did not last long, for
during the same year, the formal education of Medical Technology in
the Philippines
Slide 31
• After 2 years (1956), PUC graduated its first graduate – Dr. Jesse
Umali, who is an OB-gynecologist and owner of Omega Lab, Vito
Cruz, Manila.
Slide 33
PASMETH
PASMETH
PASMETH
PASMETH
• The first annual meeting was held at the University of Santo Tomas
on May 17, 1971.
• The first set of officers was reelected for a second term on April 30,
1972. For the school year 1972-1973, the elected officers were:
PASMETH
• Others who served as PASMETH presidents were:
• Dr. Ibarra Panopio (1973-1974)
• Dr. Angelita G. Adeva (1974-1977)
• Dr. Elizabeth M. del Rio (1977-1981)
• Dr. Gustavo Reyes – Dr. Claro D. Cabrera (1981-1982)
• Dr. Elizabeth M. del Rio (1982-1983)
• Dr. Norma V. Lerma (1983-1984)
• Dr. Vicencio T. Torres (1984-1985)
• Prof. Nardito Moraleta (1985-1988)
• Dean Norma N. Chang (1988-1995)
• Prof. Rodolfo R. Rabor (1996-1999)
• Dean Nini F. Lim (1999-2002)
• Dean Zenaida C. Cajucom (2002-2010)
• Magdalena Natividad(2010-2012)
• Dean Bernard Ebuen (2012 – present)
Slide 42
PASMETH
PASMETH
PAMET
PAMET
• The first national convention of PAMET was held at the Far Eastern
University on September 20, 1964 where in Mr. Charlemagne
Tamondong became the first president.
PAMET
PHISMETS
• Philippine Society of Medical Technology Students
ASCP
ASCP
AMT
• Founded in 1939, American Medical Technologists (AMT) is a
nationally and internationally recognized certification agency
and membership society for the following allied health
professionals:
Laboratory
Medical Technologist
Medical Laboratory Technician
Phlebotomy Technician
Medical Laboratory Assistant
Clinical Laboratory Consultant
Medical Office
Medical Assistant
Phlebotomy Technician
Medical Administrative Specialist
Allied Health Instructor
Slide 71
AMT
• AMT certification examinations are developed, administered,
and analyzed using industry standards and state-of-the-art
methodologies.
PROFESSIONAL ETHICS
Slide 73
PROFESSIONAL ETHICS
PROFESSIONAL ETHICS
1. Respect
PROFESSIONAL ETHICS
1. Respect
PROFESSIONAL ETHICS
PROFESSIONAL ETHICS
3. Professional development
PROFESSIONAL ETHICS
4. Accountability
PROFESSIONAL ETHICS
PROFESSIONAL ETHICS
6. Safety
PROFESSIONAL ETHICS
7. Professional Responsibility
BIOETHICS
branch of applied ethics that studies the philosophical, social, and legal
issues arising in medicine and the life sciences.
Basic Principles of
Medical Ethics
Beneficence
Non-maleficence
Basic Principles of
Medical Ethics
Aut onomy
Requires that the patient have autonomy of thought, intention, and
action when making decisions regarding health care procedures. Therefore,
the decision-m aking process m ust be free of coercion. In order for a patient
to make a fully informed decision, she/he must understand all risks and
benefits of the procedure and the likelihood of success.
Just ice
refers to the fair, equitable, and appropriate distribution of health -
care resources determined by justified norms that structure the terms of
social cooperation.
Slide 85
I shall uphold the law and shall not engage in illegal work nor
cooperate with anyone so engaged;
RA 5527
Slide 91
RA 5527
• An Act Requiring the Registration of Medical Technologist,
Defining Their Practice, and for Other Purposes
RA 5527
Several amendments were made on RA 5527
1. RA 6138
• approved on August 31, 1970
• amendments made were on Sections 16, 21 and 22
2. PD 498
• approved on June 28, 1974
• amendments made were on Sections 2, 3, 4, 7, 8, 11,
13, 16, 17, 21 and 29
3. PD 1534
• approved on June 11, 1978
• amendments made were on Sections 3, 8 and 13
Slide 93
Section 1
Section 2
Section 2
1. Examination of tissues, secretions and excretions of the
human body and body fluids by various electronic, chemical,
microscopic, bacteriologic, hematologic, serologic, immunologic,
nuclear, and other laboratory procedures and techniques either
manual or automated;
Section 2
5. Clinical research involving patients or human beings requiring
the use of and/or application of medical technology knowledge
and procedures;
Section 2
Provided, That any person who has passed the corresponding
Board examination for the practice of a profession already
regulated by existing law, shall not be subject to the provisions
of the last four preceding paragraphs if the performance of
such acts or services is merely incidental to his profession.
Section 2
c. Medical Technologist - A person who engages in the
work of medical technology under the supervision of a
pathologist or licensed physician authorized by the
Department of Health in places where there is no pathologist
and who having passed the prescribed course (Bachelor of
Science in Medical Technology/Bachelor of Science in
Hygiene) of training and examination is registered under the
provision of this Act.
Section 2
e. Accredited Medical Technology Training Laboratory - A
clinical laboratory, office, agency, clinic, hospital or sanitarium
duly approved by the Department of Health2 or its authorized
agency.
f. Recognized School of Medical Technology - Any school,
college, or university which offers a course in Medical
Technology approved by the Department of Education in
accordance with the requirements under this Act, upon
recommendation of the council of medical
technology education.
g. Council - The council of medical technology education
established under this Act.
h. Board - The Board of Examiners for Medical
Technology established under this Act.
Slide 100
Section 3
Section 3. Council of Medical Technology Education, Its
Composition.- There is hereby established a Council
of Medical Technology Education, hereafter referred to as
Council, which shall be composed of the Director of Higher
Education as Chairman; the Chairman of
the Professional Regulation Commission as Vice-Chairman;
and the Director of the Bureau of Research and Laboratories
of the Department of Health, the Chairman and two (2)
members of the Board of Medical Technology, a representative
of the Deans of Schools of Medical Technology and Public
Health, and the Presidents of the Philippine Society of
Pathologists and the Philippine Association of Medical
Technologists, as members.
Slide 101
Section 4
Section 4. Compensation and Traveling Expenses of Council
Members.- For every meeting actually attended, the Chairman
shall be entitled to a fifty pesos (P50.00) per diem while the
members shall be entitled to twenty-five pesos (P25.00) each
regardless of whether or not they receive regular salaries from
the government. In addition, the Chairman and members of
the Council shall be entitled to traveling expenses in
connection with their official duties.
Slide 102
Section 5
Section 5. Functions of the Council of Medical
Technology Education.- The functions of the Council shall be:
a. To recommend the minimum required curriculum for the
course of medical technology.
b. To determine and prescribe the number of students to be
allowed to take up the medical technology course in each
school, taking into account the student-instructor ratio and the
availability of facilities for instruction.
c. To approve medical technology schools meeting the
requirements and recommend closure of those found to be
substandard.
d. To require all medical technology schools to submit an annual
report, including the total number of students and instructors,
list of facilities available for instruction, a list of their recent
graduates and new admissions, on or before the month of
June.
Slide 103
Section 5
e. To inspect, when necessary, the different medical
technology schools in the country in order to determine
whether a high standard of education is maintained in said
institutions.
f. To certify for admission in to an undergraduate internship
students who have satisfactorily completed three years of
the medical technology course or its equivalent and to collect
from said student the amount of five pesos each which money
accrue to the operating fund of the Council.
g. Formulate and recommend approval of refresher course for
applicants who shall have failed the Board Examination for the
third time.
h. To promulgate and prescribe and enforce necessary rules and
regulations for the proper implementation of the foregoing
functions.
Slide 104
Section 6
Section 6. Minimum Required Course.- The medical technology
course shall be at least four years, including a 12-month
satisfactory internship in accredited laboratories, and shall
include the following subjects:
English Biochemistry
Spanish Gross Anatomy
Social Science Histology
General Zoology Physiology
Botany Clinical Parasitology
Mathematics General Pathology
College Physics Microbiology
Slide 105
Section 6
General Chemistry Biostatistics
Qualitative Chemistry Clinical Laboratory
Quantitative Chemistry Methods including hematology,
serology, blood banking, clinical
microscopy, applied microbiology,
and parasitology, histopathologic
techniques, and cytotechnology
Section 7
Section 7. Medical Technology Board.- There is hereby created
a Medical Technology Board under the Professional Regulation
Commission, which shall thereafter be referred to as the Board
composed of a Chairman who is a pathologist, and two (2)
members who are registered medical technologists who shall
be appointed by the President of the Republic of the Philippines
upon recommendation of the Professional Regulation
Commission. The Chairman and members of the Board shall
hold office for three (3) years after appointments or until their
successors shall have been appointed and duly qualified:
Provided, That the incumbent members will continue to serve
until the expiration of their terms. In case of death, disability, or
removal of a member of the Board, his successor shall serve
only the balance of his term.
Slide 107
Section 8
Section 8. Qualifications of Examiners.- No person shall be
appointed as member of the Board of Examiners for Medical
Technology unless he or she is
(1) is a Filipino citizen; (2) is of good moral character; (3) is a
qualified Pathologist, or a duly registered medical technologist
of the Philippines with the degree of Bachelor of Science in
Medical Technology/Bachelor of Science in Hygiene/Public
Health; (4) has been in practice of laboratory medicine or
medical technology for at least ten years prior to his
appointment, and (5) is not a member of the faculty of any
medical technology school for at least two (2) years prior to
appointment or having any pecuniary interest direct or indirect
in such institution: Provided, however, That for the first three
years following the approval of this Act, the requirements
mentioned in number four (4) shall be reduced to five years.
Slide 108
Section 9 and 10
Section 9. Executive Officer of the Board.-
Section 11
Section 11. Functions and Duties of the Board.- The Board is
vested with authority and required, conformably with the
provisions of this Act, to:
a. Administer the provisions of this Act;
Section 11
e. Investigate such violations of this Act or of the rules and
regulations issued thereunder as may come to the knowledge
of the Board and, for this purpose issue subpoena and
subpoena duces tecum to secure appearance of witnesses and
production of documents in connection with charges presented
to the Board; and
f. Draft such rules and regulations as may be necessary to carry
out the provisions of this Act: Provided, that the same shall be
issued only after the approval of the President of the
Philippines;
g. To determine the adequacy of the technical staff of all clinical
laboratories and blood banks before they could be licensed with
the Department of Health in accordance with R.A. No. 4655 and
1517;
Slide 111
Section 11
h. To prescribe the qualifications and training of medical
technologists as to special fields of the profession and
supervise their specialty examination conducted by the
professional organization of medical technologists accredited
by the Professional Regulation Commission;
Section 12
Section 12. Removal of Board Members.- Any member of the
Board may be removed by the President of the Philippines for
neglect of duty, incompetency, malpractice or unprofessional,
unethical, immoral or dishonorable conduct after having been
given opportunity to defend himself in a proper and
administrative investigation: Provided, that during the process
of investigation, the President shall have the power to suspend
such member under investigation and appoint a temporary
member in his place.
Slide 113
Section 13
Section 13. Accreditation of Schools of Medical Technology and of
Training Laboratories.- Upon the recommendation of the Medical
Technology Board, the Department of Education and Culture shall
approve schools of Medical Technology in accordance with the
provisions of this Act, as amended, in conjunction with the Board of
Medical Technology. The Department of Health through the Bureau of
Research and Laboratories shall approve laboratories for
accreditation as training laboratories for medical technology students
or postgraduate trainees in conjunction with the Board of Medical
Technology. The laboratories shall show satisfactory evidence that
they possess qualified personnel and are properly equipped to carry
out laboratory procedures commonly required in the following fields:
Clinical Chemistry, Microbiology, Serology, Parasitology, Hematology,
Blood Banking, Clinical Microscopy, and Histopathologic techniques,
and that the scope of activities of said laboratories offer sufficient
training in said laboratory procedures.
Slide 114
Section 14
Section 14. Inhibition Against the Practice of Medical
Technology.- No person shall practice or offer to practice
medical technology as defined in this Act without having
previously obtained a valid certificate of registration from the
Board provided that registration shall not be required of the
following:
Section 15
Section 15. Examination.- Except as otherwise specifically
allowed under the provision of this Act, all applicants for
registration as medical technologist shall be required to
undergo written examination which shall be given by the Board
annually in the greater Manila area, Cebu, and Davao during
the month of August or September on such days and places as
the Board may designate. Written notices of such examination
shall be published in at least three newspapers of national
circulation by the Secretary of the Board of least thirty days
prior to the date of examination.
Slide 116
Section 16
Section 16. Qualification for Examination.- Every applicant
examination under this Act, shall, prior to the date thereof,
furnish the Board satisfactory proof that he or she:
Section 17
Section 17. Scope of Examination.- The examination questions
shall cover the following subjects with their respective relative
weights:
Clinical Chemistry ...................................................... 20%
Microbiology & Parasitology ...................................... 20%
Hematology ............................................................... 20%
Blood Banking & Serology ......................................... 20%
Clinical Microscopy (Urinalysis and
other body fluids) ...................................………......... 10%
Histopathologic Techniques,
Cytotechnology, Medical
Technology Laws, Related
Laws and its implementing
rules, and the Code of Ethics ........................……….. 10%
Slide 118
Section 17
The Board shall prepare the schedule of subjects for examination
and to submit the same to the Commissioner of the
Professional Regulation Commission for publication at least
thirty (30) days before the date of examination.
Section 18
Section 18. Report of Rating.- The Board shall, within one
hundred and twenty days after the date of completion of the
examination, report the result thereof to the Commissioner of
Civil Service, who shall submit such result to the President of
the Philippines for approval.
Slide 120
Section 19
Section 19. Rating in the Examination.- In order to pass the
examination, a candidate must obtain a general average of at
least seventy-five percent in the written test, with no rating
below fifty percent in any of the major subjects: Provided, That
the candidate has not failed in at least sixty percent of the
subjects computed according to their relative weights.
Section 20
Section 20. Oath Taking.- All successful examinees shall be
required to take a professional oath before the Board or before
any person authorized to administer oaths prior to entering
upon the practice of medical technology in the Philippines.
Slide 122
Section 21
Section 21. Issuance of Certificate of Registration.- Every
applicant who has satisfactorily passed the required
examination for medical technologist shall be issued a
certificate of registration as such: Provided, That no such
certificate shall be issued to any successful applicant who has
not attained the age of twenty-one (21) years. All certificate
shall be signed by the members of the Board and by the
Commissioner of the Professional Regulation Commission. The
duly registered medical technologists shall be required to
display his certificate of registration in the place where he
works.
Slide 123
Section 21
Provided, that upon application filed and the payment of the required fee
of one hundred and fifteen pesos (P115.00) the Board shall issue a
certificate of registration as medical technologist without examination
to persons who have been graduated with Bachelor of Science in
Medical Technology/Bachelor of Science in Public Health in duly
recognized schools of medical technology in the Philippines or in any
foreign country, Provided, That in case of the latter, the standard of
medical technology education is substantially the same as ours, and
in addition shall have been in the practice of medical technology for
at least three (3) years prior to the filing of the application in
laboratories in the Philippines duly accredited by the Bureau of
Research and Laboratories, Department of Health, or in foreign
countries if such performance began prior to June 21, 1969 and also
to all other persons who having graduated from other professions
have been actually performing medical technology practice for the
last eight (8) years prior to filing of the application, Provided, that
such performance began prior to June 21, 1969.
Slide 124
Section 21
Provided, further, that the Board shall likewise issue a certificate of
registration as medical laboratory technician without examination to
any person who upon application and payment of the required fee of
fifty pesos (P50.00) show evidence satisfactory to the Board that:
Section 21
3. Has failed to pass the board examination for medical technology but
had obtained a general rating of at least 70%. Provided, finally, that
a registered medical laboratory technician when employed in the
government shall have the equivalent civil service eligibility not
lower than second grade.
Slide 126
Section 22
Section 22. Fees.- The Board shall charge each applicant for
examination and registration the sum of fifty pesos for each
certificate of registration issued without prior examination in
accordance with the provisions of this Act the sum of twenty-
five pesos; for issuance of a new certificate to replace
certificate lost, destroyed or mutilated, the Board shall charge
the sum of ten pesos. All such fees shall be paid to the
disbursing officer of the Civil Service Commission who shall
pay from the receipts thereof, all authorized expenses of the
Board including the compensation of each member.
Slide 127
Section 23
Section 23. Refusal to issue Certificate.- The Board shall
refuse to issue a certificate of registration to any person
convicted by the court of competent jurisdiction of any criminal
offense involving moral turpitude, or any person guilty of
immoral or dishonorable conduct, or of unsound mind, or
incurable communicable disease, and in such shall be give to
the applicant a written statement setting forth the reason for its
action, which statement shall be incorporated in the record of
the Board..
Slide 128
Section 24
Section 24. Administrative Investigation.- Revocation or
Suspension of Certificates - Administrative investigation shall
be conducted by at least two members of the Board with one
legal officer sitting during all administrative proceedings, the
respondents shall be entitled to be represented by counsel or
be heard in person, to have a speedy and public hearing, to
confront and cross-examine witnesses against him or her, and
to all other rights guaranteed by the Constitution. The Board
may, after giving proper notice and hearing to the party
concerned reprimand an erring medical technologist or revoke
or suspend his certificate of registration for causes mentioned
in the next preceding section or for causes enumerated in
section twenty-nine (29) of this Act, or for unprofessional
conduct, malpractice, incompetency, or serious ignorance or
gross negligence in the practice of medical technology.
Slide 129
Section 24
No penalty of revocation shall be imposed unless there is a
unanimous vote of all the three members of the Board. The
Board may, by majority vote, impose the penalty or reprimand
or suspension, the latter however not to exceed two years.
When the penalty of suspension or revocation is imposed by
the Board the medical technologist shall be required to
surrender his certificate of registration within thirty days after
the decision becomes final, under the pain of perpetual
disqualification from the practice of medical technology in the
Philippines for inexcusable failure to do so. The suspension
shall run from the date of such surrender.
Slide 130
Section 25
Section 25. Appeal.- The revocation or suspension of a
certificate made by the Board shall be subject to appeal to the
Civil Service Commissioner24 whose decision shall become
final thirty days after its promulgation, unless the respondent
within the same period has appealed to the office of the
President of the Philippines.
Slide 131
Section 26
Section 26. Reinstatement, Reissue or Replacement of
Certificate.- The Board may, upon application and for reason
deemed proper and sufficient, reissue any revoked registration
certificate. The suspension of a certificate shall be re-issued to
the medical technologist concerned upon request without
prejudice to further actions by the Board for violation of the
provisions of this Act or conditions imposed by the Board upon
the medical technologist during the period of suspension.
Slide 132
Section 27
Section 27. Foreign Reciprocity.- No foreigner shall be
admitted to examination, or be given a certificate of
registration or be entitled to any of the rights and privileges
under this Act, unless the country or state of which he is a
subject or citizen permits Filipino Medical Technologist to
practice within its territorial limits on the same as the subject or
citizens of said country or state.
Slide 133
Section 28
Section 28. Roster of Medical Technologist.- A roster of
Medical Technologist shall be prepared annually by the
Secretary of the Board, commencing on the year following that
in which this Act shall become effective. This roster shall
contain the name, address and citizenship of each registered
Medical Technologist, date of registration or issuance of
certificate, and other data which in the opinion of the Board
are pertinent. The roster shall be open to public inspection and
copies thereof shall be mailed to each person included therein,
placed on file in the Office of the President, furnished all
Department Heads and all bureau, offices and
instrumentalities of the Department of Health and to such
other offices, private or governmental, and to the public upon
request.
Slide 134
Section 29
Section 29. Penal Provisions.- Without prejudice to the
provision of the Medical Act of 1959 as amended relating to
illegal practice of Medicine, the following shall be punished by
a fine of not less than two thousand pesos nor more than five
thousand pesos, or imprisonment for not less than six months
nor more than two years, or both, in the discretion of the court:
Section 29
c. Any medical technologist who shall knowingly make a
fraudulent laboratory report;
d. Any duly registered medical technologist who shall refuse or
fail, after due warning by the Board to display his certificate of
registration in the place where he works;
e. Any person presenting or attempting to use as his own, the
certificate of registration of another;
f. Any person who shall give any false or fraudulent evidence of
any kind to the Board or any member thereof in obtaining a
certificate of registration as Medical Technologist;
g. Any person who shall impersonate any registrant of like or the
same name;
h. Any person who shall attempt to use a revoked or suspended
certificate of registration;
Slide 136
Section 29
i. Any person who shall in connection with his name or otherwise,
assume, use or advertise any title or description tending to
convey the impression that he is a Medical Technologist
without holding a valid certificate of registration;
j. Any person or corporate body who shall allow anyone in his
employ who is not a registered medical technologist/medical
laboratory technician to engage in the practice of medical
technology or recommend for appointment anyone to the
position of medical technologist/medical laboratory technician
knowing that he is not registered as such.
k. Any person or corporate body who shall violate the rules and
regulations of the Board or orders promulgated by it after
having been duly approved and issued by the President of the
Philippines upon recommendation of the Commissioner of
Civil Service for the purpose of carrying out the provisions of
this Act.
Slide 137
Signatories of RA 5527
1. Gil. J. Puyat – Senate President
RA 4688
Slide 140
RA 4688
• AN ACT REGULATING THE OPERATION AND
MAINTENANCE OF CLINICAL LABORATORIES AND
REQUIRING THE REGISTRATION OF THE SAME WITH THE
DEPARTMENT OF HEALTH, PROVIDING PENALTY FOR
THE VIOLATION THEREOF, AND FOR OTHER PURPOSES
RA 4688
• Managing clinical laboratories in the Philippines is legally
guided by Republic Act 4688 or the Clinical Laboratory Law of
1966 with several Administrative Orders (AO) and Executive
Orders (EO) to supplement its implementation.
RA 4688
• The following Administrative and Executive Orders were issued in
relation to RA 4688:
• AO 201 s. 1973
• AO 290 s. 1976
• AO 52 s. 1983
• AO 49-B s. 1988
• EO 102 s. 1999
• (Redirecting the Functions and Operations of the DOH)
• AO 59 s. 2001
• (Rules and Regulations Governing the Establishment, Operation
and Maintenance of Clinical Laboratories in the Philippines)
• AO 27 s. 2007
• (Revised Rules and Regulations Governing the Licensure and
Regulation of Clinical Laboratories in the Philippines)
Slide 143
RA 4688
• Section 1. Any person, firm or corporation, operating and
maintaining a clinical laboratory in which body fluids, tissues,
secretions, excretions and radioactivity from beings or animals
are analyzed for the determination of the presence of
pathologic organisms, processes and/or conditions in the
persons or animals from which they were obtained,
shall register and secure a license annually at the office of the
Secretary of Health: provided, that government hospital
laboratories doing routine or minimum laboratory examinations
shall be exempt from the provisions of this section if their
services are extensions of government regional or central
laboratories.
Slide 144
RA 4688
Sec. 2. It shall be unlawful for any person to be professionally in-
charge of a registered clinical laboratory unless he is a licensed
physician duly qualified in laboratory medicine and authorized
by the Secretary of Health, such authorization to be renewed
annually.
RA 4688
Sec. 3. The Secretary of Health, through the Bureau of Research
and Laboratories shall be charged with the responsibility of
strictly enforcing the provisions of this Act and shall be
authorized to issue such rules and regulations as may be
necessary to carry out its provisions.
Section 2: Authority
Section 3 – Purpose
Section 4 – Scope
Slide 147
Classification by Function
Clinical Pathology
Anatomic Pathology
Clinical Laboratories
Clinical Laboratories
Slide 150
Clinical Laboratories
Slide 152
Clinical Laboratories
Slide 153
Clinical Laboratories
Slide 154
Clinical Laboratories
Slide 155
Clinical Laboratories
Slide 156
Pathology
Pathology is divided into two areas: Anatomical and Clinical
Section 8 – Violations
Section 13 – Effectivity
Slide 159
Primary 10
Secondary 20
Tertiary 60
(to include a separate,
enclosed, and adequately
ventilated room for
Microbiology
Slide 162
Secondary Category
All those in Primary Category
Refrigerator
Photometer or its equivalent
Water Bath
Timer
Slide 165
Tertiary Category
All those in Secondary Category
Incubator
Balance (Triple/Analytical)
Rotator
Serofuge or its equivalent
Autoclave
Drying Oven
Biosafety Cabinet
Slide 166
Internal QC Program
Records
All Lab records shall be kept on file for at least ONE YEAR
Records of Anatomic and Forensic Pathology shall be kept
PERMANENTLY in the Lab
Slide 167
Clinical Laboratories
Slide 168
Clinical Laboratories
Slide 169
RA 7719
Slide 170
• repealed by RA 7719
Slide 171
RA 7719
• AN ACT PROMOTING VOLUNTARY BLOOD
DONATION,PROVIDING FOR AN ADEQUATE SUPPLY OF
SAFEBLOOD, REGULATING BLOOD BANKS, AND
PROVIDINGPENALTIES FOR VIOLATION THEREOF
RA 7719
Section 1.
Title
.
– This Act shall be known as the
"National Blood Services Act of 1994."
Slide 173
RA 7719
Sec. 2.
Declaration of Policy
. – In order to promote public health, it is herebydeclared the policy of
the State:(a) to promote and encourage voluntary blood donation by
the citizenry and toinstill public consciousness of the principle that
blood donation is a humanitarianact;(b) to lay down the legal principle
that the provision of blood for transfusion is aprofessional medical
service and not a sale of a commodity;(c) to provide for adequate,
safe, affordable and equitable distribution of supply of blood and
blood products;(d) to inform the public of the need for voluntary blood
donation to curb thehazards caused by the commercial sale of
blood;(e) to teach the benefits and rationale of voluntary blood
donation in the existinghealth subjects of the formal education system
in all public and private schools, inthe elementary, high school and
college levels as well as the non-formal educationsystem;
Slide 174
RA 7719
Sec. 2.
Declaration of Policy
. (f) to mobilize all sectors of the community to participate in mechanisms
forvoluntary and non-profit collection of blood;(g) to mandate the
Department of Health to establish and organize a NationalBlood
Transfusion Service Network in order to rationalize and improve
theprovision of adequate and safe supply of blood;(h) to provide for
adequate assistance to institutions promoting voluntary blooddonation
and providing non-profit blood services, either through a system
of reimbursement for costs from patients who can afford to pay, or
donations fromgovernmental and non-governmental entities;(i) to require
all blood collection units and blood banks/centers to operate on anon-
profit basis;(j) to establish scientific and professional standards for the
operation of bloodcollection units and blood banks/centers in the
Philippines;(k) to regulate and ensure the safety of all activities related to
the collection,storage and banking of blood; and(l) to require upgrading
of blood banks/centers to include preventive services andeducation to
control spread of blood transfusion transmissible diseases
Slide 175
RA 7719
Sec. 3.
Definitions
. – For purposes of this Act, the following terms shall mean:(a)
Blood/blood product
- refers to human blood, processed or unprocessed andincludes
blood components, its products and derivatives;(b)
Blood bank/center
- a laboratory or institution with the capability to recruitand screen
blood donors, collect, process, store, transport and issue blood
fortransfusion and provide information and/or education on
blood transfusiontransmissible diseases;(c)
Commercial blood bank
- a blood bank that exists for profit;(d)
Slide 176
RA 7719
Sec. 3.
Definitions
Hospital-based blood bank
- a blood bank which is located within thepremises of a hospital
and which can perform compatibility testing of blood;(e)
Blood collection unit
- an institution or facility duly authorized by theDepartment of
Health to recruit and screen donors and collect blood;(f)
Voluntary blood donor
- one who donates blood on one's own volition orinitiative and
without monetary compensation;(g)
Department
- the Department of Health
Slide 177
RA 7719
Sec. 3.
Definitions
(h)
Blood transfusion transmissible diseases
– diseases which may betransmitted as a result of blood
transfusion, including AIDS, Hepatitis-B, Malariaand Syphilis;(i)
Secretary of Health
- the Secretary of Health or any other person to whom
theSecretary delegates the responsibility of carrying out the
provisions of this Act;and(j)
Walking Blood Donor
- an individual included in the list of qualifiedvoluntary blood
donors referred to in Section 4, paragraph (e), who is ready
todonate blood when needed in his/her community
Slide 178
RA 7719
Sec. 4.
Promotion of Voluntary Blood Donation
. – In order to ensure adequatesupply of human blood, voluntary
blood donation shall be promoted through thefollowing:(a)
Public Education. - Through an organized and sustained
nationwide publiceducation campaign by the Department, the
Philippine National Red Cross(PNRC) and the Philippine Blood
Coordinating Council (PBCC), as the leadagencies, other
government agencies, local government units (particularly
thebarangays), non-governmental organizations, all medical
organizations, all publicand private hospitals, all health and
health-related institutions, print and broadcastmedia as well as
other
Slide 179
RA 7719
Sec. 4.
Promotion of Voluntary Blood Donation
. –The Department is hereby authorized to set aside funds and
generate financialsupport for all sectors involved in the
collection and processing of blood fromvoluntary blood donors
through a system of reimbursement for costs for patientswho
can afford to pay or from donations from government and
privateinstitutions. Voluntary donors shall likewise be provided
nonmonetary incentivesas may be determined by the
Department
Slide 180
RA 7719
Sec. 4.
Promotion of Voluntary Blood Donation
. –b) Promotion in Schools. - The benefits and rationale of voluntary
blooddonation shall be included and given emphasis in health
subjects of schools, bothpublic and private, at the elementary, high
school and college levels. TheDepartment of Education, Culture and
Sports shall also require such inclusion inits non-formal education
curricula.(c) Professional Education. - The Department, the PBCC,
the Philippine Societyof Hematology and Blood Transfusion (PSHBT),
the Philippine Society of Pathologists (PSP), the Philippine Medical
Association (PMA), the PhilippineAssociation of Medical
Technologists (PAMET) and the Philippine NursingAssociation (PNA)
are encouraged to conduct for their respective members and aspart
of the continuing medical education, trainings on the rational use of
bloodand blood products including the merits of voluntary blood
donation
Slide 181
RA 7719
Sec. 4.
Promotion of Voluntary Blood Donation
. –(d) Establishment of Blood Services Network. – Blood centers
shall bestrategically established in every province and city
nationwide within theframework of a National Blood Transfusion
Service Network spearheaded by theDepartment, in coordination
with the PNRC. The collection of blood in variousareas in the
community, such as schools, business enterprises, barangays,
andmilitary camps shall be promoted.The Secretary shall set the
standards for the scientific and professionalestablishment and
operation of blood banks/centers and collection units.
Slide 182
RA 7719
Sec. 4.
Promotion of Voluntary Blood Donation
. TheDepartment shall provide training programs and technical
assistance to enablecommunities, schools, industrial and business
sites, barangays, military campsand local government units to
implement their own voluntary blood donationprograms.(e)
Walking Blood Donors. - In areas where there may be inadequate
bloodbanking facilities, the walking blood donor concept shall be
encouraged and allgovernment hospitals, ruralhealth units, health
centers and barangays in theseareas shall be required to keep at
all times a list of qualified voluntary blooddonors with their
specified blood typing
Slide 183
RA 7719
Sec. 5.
National Voluntary Blood Services Program
. – The Department, incooperation with the PNRC and PBCC and
other government agencies and non-governmental organizations
shall plan and implement a National Voluntary BloodServices
Program (NVBSP) to meet in an evolutionary manner, the needs
for bloodtransfusion in all regions of the country. Funds for this
purpose shall be provided by theGovernment through the
budgetary allocation of the Department, by the PhilippineCharity
Sweepstakes Office (PCSO) with an initial amount of at least
Twenty-fivemillion pesos (P25,000,000), by the Philippine
Amusement and Gaming Corporation(PAGCOR) with an initial
amount of at least Twenty-five million pesos (P25,000,000),by the
trust liability account of the Duty Free Shop (Duty Free Philippines)
with an initialamount of at least Twenty million pesos
(P20,000,000) and through contributions of otheragencies such as
civic organizations.
Slide 184
RA 7719
Sec. 6.
Upgrading of Services and Facilities
. – All blood banks/centers shallprovide preventive health services
such as education and counselling on bloodtransfusion
transmissible diseases. All government hospitals, including
those that havebeen devolved, shall be required to establish
voluntary blood donation programs and allprivate hospitals shall
be encouraged to establish voluntary blood donation
programs.The Department, in consultation with the PSHBT and
the PSP, shall also establishguidelines for the rational use of
blood and blood products
Slide 185
RA 7719
Sec. 7.
Phase-out of Commercial Blood Banks
. – All commercial blood banksshall be phased-out over a period
of two (2) years after the effectivity of this Act,extendable to a
maximum period of two (2) years by the Secretary
Sec. 8.
Non-Profit Operation
. – All blood banks/centers shall operate on a non-profit basis:
Provided
, That they may collect service fees not greater than the
maximumprescribed by the Department which shall be limited
to the necessary expenses entailed incollecting and processing
of blood. Blood shall be collected from healthy voluntarydonors
only
Slide 186
RA 7719
Sec. 9.
Regulation of Blood Services
. – It shall be unlawful for any person toestablish and operate a
blood bank/center unless it is registered and issued a license
tooperate by the Department: Provided
, That in case of emergencies, blood collection andtransfusion
under the responsibility of the attending physician shall be
allowed inhospitals without such license under certain
conditions prescribed by the Department. Nolicense shall be
granted or renewed by the Department for the establishment
andoperation of a blood bank/center unless it complies with the
standards prescribed by theDepartment. Such blood
bank/center shall be under the management of a licensed
andqualified physician duly authorized by the Department
Slide 187
RA 7719
Sec. 10.
Importation of Blood Bank Equipment, Blood Bags and
Reagents
. –Upon the effectivity of this Act, equipment,
blood bags and reagents used for thescreening and testing of
donors, collection and processing and storage of blood shall be
imported tax-and duty-free by the PNRC, blood banks and
hospitals participating activelyin the National Voluntary Blood
Services Program. This provision shall be implementedby the
rules and regulations to be promulgated by the Department in
consultation and coordination with the Department of Finance.
Slide 188
RA 7719
Sec. 11.
Rules and Regulations
.
– The implementation of the provisions of thisAct shall be in
accordance with the rules and regulations to be promulgated by
theSecretary, within sixty (60) days from the approval hereof.
The existing
Revised Rulesand Regulations Governing the Collection,
Processing and Provision of Human Blood and the
Establishment and Operation of Blood Banks
shall remain in force unless amended or revised by the Secretary.
The rules and regulations shall prescribe from timeto time the
maximum ceiling for fees for the provision of blood, including its
collection,processing and storage, professional services and a
reasonable allowance for spoilage.
Slide 189
RA 7719
Sec. 12.
Penalties
. – Upon complaint of any person and after due notice andhearing,
any blood bank/center which shall collect charges and fees
greater than themaximum prescribed by the Department shall
have its license suspended or revoked bythe Secretary.Any
person or persons who shall be responsible for the above
violation shallsuffer the penalty of imprisonment of not less than
one (1) month nor more than six (6)months, or a fine of not less
than Five thousand pesos (P5,000) nor more than
Fiftythousand pesos (P50,000), or both at the discretion of the
competent
Slide 190
RA 7719
Sec. 12.
Penalties
. –Any person who shall establish and operate a blood bank
without securing anylicense to operate from the Department or
who fails to comply with the standardsprescribed by the
Department referred to in Section 9 hereof shall suffer the
penalty of 6imprisonment of not less than twelve (12) years
and one (1) day nor more than twenty(20) years or a fine of not
less than Fifty thousand pesos (P50,000) nor more than
Fivehundred thousand pesos (P500,000), or both at the
discretion of the competent court.The Secretary, after due
notice and hearing, may impose administrative sanctionssuch
as, but not limited to fines, suspension, or revocation of license
to operate a bloodbank/center and to recommend the
suspension or revocation of the license to practice
theprofession when appliclable.
Slide 191
RA 7719
Sec. 12.
Penalties
. –The head of the blood bank and the necessary trained
personnel under the head'sdirect supervision found responsible
for dispensing, transfusing and failing to dispose,within forty-
eight (48) hours, blood which have been proven contaminated
with bloodtransfusion transmissible diseases shall be
imprisoned for ten (10) years. This is withoutprejudice to the
filing of criminal charges under the Revised Penal Code.
Slide 192
RA 7719
Sec. 13.
Separability Clause
. – If any provision of this Act is declared invalid, theother provisions
hereof not affected thereby shall remain in force and effect.
Sec. 14.
Repealing Clause
. – This Act shall supersede Republic Act No. 1517entitled "Blood
Bank Act." The provisions of any law, executive order,
presidentialdecree or other issuances inconsistent with this Act are
hereby repealed or modifiedaccordingly.
Sec. 15.
Effectivity Clause
. – This Act shall take effect after fifteen (15) daysfollowing its
publication in the
Official Gazette or in two (2) national newspapers of general
circulation.
Slide 193
RA 7719
Approved:
EDGARDO J. ANGARA - President of the Senate
Important Notes:
Blood Donor’s Week – shall be held annually on the Second
Week of July
Slide 194
II. Objectives
These rules and regulations are promulgated to protect and promote the health
of the people by ensuring available licensed blood service facilities with
adequate staff, equipment and resources to perform all the required
functions safely, efficiently and effectively.
III. Scope
The rules and regulations embodied herein shall apply to all government and
private blood service facilities engaged in blood banking and transfusion
services.
.
Slide 196
5. Testing for TTIs shall be done at the national, sub-national and designated
regional BCs including PNRC BCs. Such designation shall be determined by
the NCBS pursuant to AO 2005-0002.
6. All units of blood issued by the Philippine BC, sub-national BCs, regional
BCs and PNRC under the Philippine National Blood Services Network shall
not be retested for TTIs by the end-user hospitals and other health facilities.
It is the responsibility of the issuing BCs to ensure that all units of blood
issued have been tested and found to be negative to TTIs.
7. Blood and blood products for transfusion shall be obtained from licensed and
authorized BSF only.
Slide 201
B. Specific Guidelines
1. Classification of BSF
a. Ownership
1) Government – operated and maintained partially or wholly by a national,
provincial, city or municipal government or other political unit by any
department, division, board or agency thereof or by a government owned or
controlled operation.
2) Private (for hospital-based BSF only) – privately owned, established and
operated with funds through donation, capital or other means by an
individual, corporation, association or organization.
b. Institutional Character
1) Hospital-based – a BSF located within the premises of a hospital.
2) Non-hospital-based – a government-owned or PNRC-owned BSF located
outside the premises of a hospital consistent with the NVBSP strategic plan.
Slide 202
c. Service Capability
1) BS
a) Advocacy and promotion of voluntary blood donation and healthy lifestyle
b) Provision of whole blood and packed red cells
c) Storage, issuance, transport and distribution of whole blood and packed
red cells
d) Compatibility testing of red cell units, if hospital-based
2) BCU
a) Advocacy and promotion of voluntary blood donation and healthy lifestyle
b) Recruitment, retention and care of voluntary blood donors
c) Screening and selection of voluntary blood donors
d) Conduct of health education and counseling services
e) Collection of blood (mobile or facility-based) from qualified blood donors
f) Transport of blood to BC for testing and processing
g) Compatibility testing of red cell units, if hospital-based
Slide 203
3. LTO/ATO
a. Hospital bases BBs, BCUs and BS shall be licensed or authorized to operate
through the One-stop-shop Licensure for Hospitals and are therefore not
required to obtain a separate LTO or ATO. The required documents for the
licensure of the BB or the authorization of the BCU or BS shall be submitted
to the CHD along with the other documentary requirements for the hospital
LTO.
b. The LTO/ATO shall be granted in accordance with the prescribed
documentary and technical requirements and on the basis of specific
conditions and limitations established during inspection.
c. The LTO/ATO as well as any right under the license/authorization cannot be
assigned or otherwise transferred directly or indirectly to any party.
d. The LTO/ATO must be displayed at all times at a prominent place within the
premises.
e. The CHD shall be notified within 15 calendar days of any change in
management name or ownership. In cases of transfer of location, a new
application for LTO/ATO shall be required.
f. A separate LTO/ATO shall be required for each BSF or branch maintained in
separate premises even if operated by the same management.
Slide 207
B. Inspection
1. The CHD director or his authorized representative/s inspects the BSF within
30 calendar days from the time of application to determine compliance with
standards and technical requirements.
2. The CHD inspection team prepares official summary of findings and
recommends approval or disapproval after inspection.
Slide 210
C. Issuance of LTO/ATO
1. The CHD director approves or disapproves the issuance of LTO/ATO.
a. If approved, the BSF is registered and an LTO/ATO is issued to the applicant
within 15 calendar days.
b. If disapproved, a copy of inspection findings and recommendations is
provided to the applicant within 15 calendar days from the time of inspection.
c. An application for an LTO/ATO that is not processed within the 30 calendar
day period is considered approved.
D. Renewal of LTO/ATO
1. The LTO/ATO shall be renewed every 3 years. All hospital BSF shall renew
their LTO/ATO annually as part of the One-Stop-Shop licensure for hospitals.
2. Application for the renewal of LTO/ATO shall be filed on the 1st day of
October until the last day of November on the last year of the LTO validity
period to the CHD under which jurisdiction the BSF is located.
3. The LTO/ATO may be renewed only if it complies with the prescribed
standards and technical requirements.
Slide 211
VIII. Monitoring
The BHFS/CHD director or his authorized representative/s is authorized to
monitor and conduct on-site visits to the BSF at any given time. The BSF
shall make available to the monitoring team all pertinent records to
determine the level of compliance with the National Blood Services Act and
these rules and regulations.
Slide 212
IX. Violations
Violations of the National Blood Services Act or the rules and regulations issued
in pursuance thereto, include the commission of the following acts by
individual, corporation, association or organization operating the BSF or
people under their authority:
A. Any material false statement in the application
B. Misinterpretation of facts or falsification of documents or records
C. Refusal to make available its books, accounts and records of operation to
an authorized person from the BHFS/CHD
D. Charging of blood service fees above the maximum fees set by the DOH
E. Collection of blood from paid or remunerated donor whether payment
comes from the hospital or from the patient/relatives.
F. Refusal to participate in EQAS conducted by the designated National
Reference Laboratories.
Slide 213
X. Transitory Provisions
All previously licensed hospital based and PNRC BCs already performing the
blood testing and processing shall be allowed to operate as such until
December 31, 2009. By 2010, there shall be a nationally coordinated blood
service network with only the designated BCs performing the centralized
testing and processing.
XIII. Appeal
Any BSF or any of its personnel aggrieved by the decision of the CHD director
may, within 30 calendar days after receipt of notice of the decision, file a
notice of appeal with the Office of the Secretary through the BHFS and serve
a copy of the notice of appeal to the CHD. Thereupon, the CHD director
shall promptly certify and file a copy of the decision, including the transcript
of the hearings on which the decision is based, with the Office of the
Secretary for review. The decision of the Office of the Secretary shall be final
and executor.
Slide 215
XIV. Closure
The CHD director or his authorized representative/s shall immediately close all
BSF without and LTO/ATO and may seek assistance of any government
agency to effectively enforce the closure.
C. The head of the BSF and the personnel responsible for dispensing or
transfusing unscreened, incompletely tested and/or contaminated blood or
failing to dispose within 48 hours blood that is contaminated with transfusion
transmissible infections after receipt of confirmatory testing result from the
Research Institute of Tropical Medicine National Reference Laboratory shall
be imprisoned for 10 years. This shall be without prejudice to the filing of
criminal charges under the Revised Penal Code.
D. The CHD director, after due notice and hearing and upon approval of the
Secretary, may impose the following administrative sanctions:
1. Penalty of Php 5,000.00 for any BSF that fails to submit the application for
renewal of LTO/ATO to the CHD within 3 months prior to the expiration of the
existing license;
2. Recommendation to the PRC to revoke the certificate of registration or to
invalidate the license of any health professional found violating the
provisions of RA 7719 or of these rules and regulations.
Slide 217
XVI. Publication
A list of licensed/authorized BSF according to their classification shall be
published or posted at the DOH website annually.
XIX. Effectivity
These rules and regulations shall take effect 15 days after publication in a
newspaper or general circulation.
RA 8504
Slide 219
• Most of the cases (96%) were male. The median age was 27 years
(age range: 16-69 years). The 20-29 year (55%) age group had the
most number of cases.
Region - % of Cases
• I - 2%
• II - 1%
• III - 8%
• IVA - 17%
• IVB - 1%
• V - 1%
• VI - 4%
• VII - 11%
• VIII - 1%
• IX <1%
• X - 3%
• XI - 6%
• XII - 1%
• CAR - 1%
• CARAGA - 1%
• ARMM <1%
• NCR - 41%
Slide 222
• For the male age group, the most number of cases were found
among the 20-24 years old (25%), 25-29 years old (33%), and 30-
34 years old (20%).
Slide 223
• Of the 19,915 HIV positive cases reported from 1984 to 2014, 93%
(18,526) were infected through sexual contact, 5% (928) through
needle sharing among injecting drug users, <1% (63) through
mother-to-child transmission, <1% (20) through blood transfusion
and needle prick injury <1% (3). No data is available for 2% (375) of
the cases.
Slide 224
• Since 1984 to present, there were 19,915 cases reported. Almost half
(9,048) came from the National Capital Region. Thirteen percent
(2,491) came from region 4A, followed by 9% (1,779) from Region 7,
8% (1,564) from Region 3, 6% (1,145) from Region 11 and the rest
of the country comprises 15% (2,751) of all the cases.
Slide 225
• There were 3,017 HIV positive OFWs since 1984, comprising 15% of
all reported cases [Figure 8]. Eighty-one percent (2,456) were males.
• These are confirmed positive blood units, not blood donors. One
donor can donate more than one blood unit. HIV positive blood
donors may not be in the HIV & AIDS Registry unless they
underwent voluntary counseling and testing as individuals.
Slide 227
RA 8504
SEC. 1. Title - This Act shall be known as the “Philippine AIDS
Prevention and Control Act of 1998.”
(a) The State shall promote public awareness about the causes, modes
of transmission, consequences, means of prevention and control of
HIV/ AIDS through a comprehensive nationwide educational and
information campaign organized and conducted by the State. Such
campaigns shall promote value formation and employ scientifically
proven approaches, focus on the family as a basic social unit, and be
carried out in al schools and training centers, workplaces, and
communities. This program shall involve affected individuals and
groups, including people living with HIV/AIDS.
Slide 228
RA 8504
(b) The State shall extend to every person suspected or known to be
infecte with HIV/AIDS full protection of his/her human rights and civil
liberties Towards this end,
(4) provision of basic health and social services for individuals with
HIV shall be assured.
Slide 229
RA 8504
(c) The State shall promote utmost safety and universal precautions in
practices and procedures that carry the risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions
that aggravate the spread of HIV infection, including but not limited
to, poverty, gender inequality, prostitution, marginalization, drug
abuse and ignorance.
(e) The State shall recognize the potential role of affected individuals in
propagating vital information and educational messages about HIV/
AIDS and shall utilize their experience to warn the public about the
disease.
Slide 230
RA 8504
SEC. 3. Definition of Terms – As used in this Act, the following terms
are defined as follows:
RA 8504
(c) “Compulsory HIV Testing” – refers to HIV testing imposed upon a
person attended or characterized by the lack of vitiated consent, use
of physical force, intimidation or any form of compulsion.
RA 8504
(g) “HIV/AIDS Prevention and Control” – refers to measures aimed at
protecting non-infected persons from contracting HIV and
minimizing the impact of the condition of persons living with HIV.
RA 8504
(k) “HIV Transmission” – refers to the transfer of HIV from one infected
person to an uninfected individual, most commonly through sexual
intercourse, blood transfusion, sharing of intravenous needles and
during pregnancy.
(l) “High-Risk Behavior” – refers to a person’s frequent involvement in
certain activities which increase the risk of transmitting or acquiring
HIV.
RA 8504
(n) “Medical Confidentiality” – refers to the relationship of trust and
confidence created or existing between a patient or a person with HIV
and his attending physician, consulting medical specialist, nurse,
medical technologist and all other health workers or personnel
involved in any counselling, testing or professional care of the former;
it also applies to any person who, in any official capacity, has
acquired or may have acquired such confidential information.
(o) “Person with HIV” – refers to an individual whose HIV test indicates,
directly or indirectly, that he/she is infected with HIV.
Slide 235
RA 8504
(p) “Pre-Test Counselling” – refers to the process of providing an
individual information on the biomedical aspects of HIV/AIDS and
emotional support to any psychological implications of undergoing
HIV testing and the test result itself before he/she is subjected to the
test.
RA 8504
(s) “Sexually Transmitted Diseases” – refers to any disease that may be
acquired or passed through sexual contact.
(u) “Window Period” – refers to the period of time, usually lasting from
two weeks to six (6) months during which an infected individual will
test “negative” upon HIV testing but can actually transmit the
infection.
Slide 237
RA 8504 - ARTICLE I
Education and Information
SEC. 4. HIV/AIDS Education in Schools – The Department of Education,
Culture and Sports (DECS), the Commission on Higher Education
(CHED), and the Technical Education and Skills Development Authority
(TESDA), utilizing official information provided by the Department of
Health, shall integrate instruction on the causes, modes of transmission
and ways of preventing HIV/AIDS and other sexually transmitted
diseases in subjects taught in public and private schools at intermediate
grades, secondary and tertiary levels, including non-formal and
indigenous learning systems: Provided, That if the integration of HIV/
AIDS education is not appropriate or feasible, the DECS and the TESDA
shall design special modules on HIV/AIDS prevention and control:
Provided, further, That it shall not be used as an excuse to propagate
birth control or the sale or distribution of birth control devices: Provided,
finally, That it does not utilize sexually explicit materials.
Slide 238
RA 8504 - ARTICLE I
Education and Information
Flexibility in the formulation and adoption of appropriate course content,
scope, and methodology in each teaching level or group shall be
allowed after consultations with Parent-Teachers-Community
Associations, Private School Associations, school officials, and other
interest groups. As such, no instruction shall be offered to minors
without the adequate prior consultation with parents who must agree
to the thrust and content of the instruction materials.
RA 8504 - ARTICLE I
Education and Information
SEC. 5. HIV/AIDS Information as a Health Service – HIV/AIDS
education and information dissemination shall form part of the
delivery of health services by health practitioners, workers and
personnel. The knowledge and capabilities of all public health
workers shall be enhanced to include skills for proper information
dissemination and education on HIV/AIDS. It shall likewise be
considered a civic duty of health providers in the private sector to
make available to the public such information necessary to control
the spread of HIV/AIDS and to correct common misconceptions
about this disease. The training of health workers shall include
discussions on HIV-related ethical issues such as confidentiality,
informed consent and the duty to provide treatment.
Slide 240
RA 8504 - ARTICLE I
Education and Information
SEC. 6. HIV/AIDS Education in the Workplace – All government and
private employees, workers, managers, and supervisors, including
members of the Armed Forces of the Philippines (AFP) and the
Philippine National Police (PNP), shall be provided with the
standardized basic information and instruction on HIV/AIDS which
shall include topics on confidentiality in the workplace and attitude
towards infected employees and workers. In collaboration with the
Department of Health (DOH), the Secretary of the Department of
Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS
campaign in all private companies while the Armed Forces Chief of
Staff and the Director General of the PNP shall oversee the
implementation of this section.
Slide 241
RA 8504 - ARTICLE I
Education and Information
SEC. 7. HIV/AIDS Education for Filipinos Going Abroad – The State
shall ensure that all overseas Filipino workers and diplomatic,
military, trade, and labor officials and personnel to be assigned
overseas shall undergo or attend a seminar on the cause, prevention
and consequences of HIV/AIDS before certification for overseas
assignment.
RA 8504 - ARTICLE I
Education and Information
SEC. 8. Information Campaigns for Tourists and Transients –
Informational aids or materials on the cause, modes of transmission
and prevention and consequences of HIV infection shall be adequately
provided at all international ports of entry and exit. The Department of
Tourism, the Department of Foreign Affairs, the Department of Justice
through the Bureau of Immigration, in collaboration with the Department
of Health (DOH), shall oversee the implementation of this Act.
RA 8504 - ARTICLE I
Education and Information
SEC. 10. Information on Prophylactics – Appropriate information shall
be attached to or provided with every prophylactic offered for sale or
given as a donation. Such information shall be legibly printed in English
and Filipino, and contain literature on the proper use of the prophylactic
device or agent, its efficacy against HIV and STD infection, as well as
the importance of sexual abstinence and mutual fidelity.
Slide 244
RA 8504 - ARTICLE I
Education and Information
SEC. 11. Penalties for Misleading Information – Misinformation on HIV/
AIDS prevention and control through false and misleading advertising
and claims in any of the tri-media or the promotional marketing of
drugs, devices, agents or procedures without prior approval from the
Department of Health and the Bureau of Food and Drugs and the
requisite medical and scientific basis, including markings and
indications in drugs and devises or agents, purporting to be a cure or
a fail-safe prophylactic for HIV infection is punishable with a penalty
of imprisonment for two (2) months to two (2) years, without prejudice
to the imposition of administrative sanctions such as fines and
suspension or revocation of professional or business license.
Slide 245
RA 8504 - ARTICLE II
Safe Practices and Procedures
SEC. 12. Requirement on the Donation of Blood, Tissue, or Organ –
No laboratory or institution shall accept a donation of tissue or organ,
whether such a donation is gratuitous or onerous, unless a sample
from the donor has been tested negative for HIV. All donated blood
shall also be subjected to HIV testing and HIV(+) blood shall be
disposed of properly and immediately. A second testing may be
demanded as a matter of right by the blood, tissue, or organ recipient
or his immediate relatives before transfusion or transplant, except
during emergency cases: Provided, That donations of blood, tissue or
organ testing positive for HIV may be accepted for research purposes
only, and subject to strict sanitary disposal requirements.
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RA 8504 - ARTICLE II
Safe Practices and Procedures
SEC. 13. Guidelines on Surgical and Similar Procedures – The
Department of Health (DOH), in consultation and in coordination with
concerned professional organizations and hospital associations, shall
issue guidelines on precautions against HIV transmission during
surgical, dental, embalming, tattooing or similar procedures. The DOH
shall likewise issue guidelines on the handling and disposition of
cadavers, body fluids or wastes of persons known or believed to be
HIV-positive. The necessary protective equipment such as gloves,
goggles and gown shall be made available to all physicians and health
workers and similarly exposed personnel at all times.
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RA 8504 - ARTICLE II
Safe Practices and Procedures
SEC. 14. Penalties for Unsafe Practices and Procedures – Any person
who knowingly or negligently causes another to get infected with HIV
in the course of his/her profession through unsafe or unsanitary
practice or procedure is liable to suffer a penalty of imprisonment for
six (6) years to twelve (12) years without prejudice to the imposition
of administrative sanctions such as, but not limited to, fines and
suspension or the revocation of license to practice his/her profession.
The permit or license of any business entity and the accreditation of
hospitals, laboratory and clinics may be cancelled or withdrawn if
said establishments fail to maintain such safe practices and
procedures as may be required by the guidelines to be formulated in
compliance with Section 13 of this Act.
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(a) When a person is charged with any of the crimes punishable under
Articles 264 and 266 as amended by Republic Act No. 8353, 335 and
338 of Republic Act No.3815, otherwise known as the “Revised Penal
Code” or under Republic Act No.7659;
(c) When complying with the provisions of Republic Act No. 7170,
otherwise known as the “Organ Donation Act” and Republic Act No.
7719, otherwise known as the “National Blood Services Act”.
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SEC. 21. Support for HIV Testing Centers – The Department of Health
shall strategically build and enhance the capabilities for HIV testing of
hospitals, clinics, laboratories, and other testing centers primarily, by
ensuring the training of competent personnel who will provide such
services in said testing sites.
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RA 8504 - ARTICLE IV
Health and Support Services
SEC. 22. Hospital-Based Services – Persons with HIV/AIDS shall be
afforded basic health services in all government hospitals, without
prejudice to optimum medical care which may be provided by special
AIDS wards and hospitals.
RA 8504 - ARTICLE IV
Health and Support Services
SEC. 25. Control of Sexually Transmitted Diseases – The Department
of Health in coordination and cooperation with other concerned
government agencies and non-government organizations shall
pursue the prevention and control of sexually transmitted diseases to
help contain the spread of HIV infection.
SEC. 26. Insurance for Persons with HIV – The Secretary of Health, in
cooperation with the Commissioner of the Insurance Commission and
other public and private insurance agencies, shall conduct a study on
the feasibility and viability of setting up a package of insurance benefits
and, should such study warrant it, implement an insurance coverage
program for persons with HIV. The study shall be guided by the principle
that access to health insurance is part of an individual’s right to health
and is the responsibility of the State and of society as a whole.
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RA 8504 - ARTICLE V
Monitoring
SEC. 27. Monitoring Programs – A comprehensive HIV/AIDS
monitoring program or “AIDSWATCH” shall be established under the
Department of Health to determine and monitor the magnitude and
progression of HIV infection In the Philippines, and for the purpose of
evaluating the adequacy and efficacy of the countermeasures being
employed.
RA 8504 - ARTICLE V
Monitoring
SEC. 29. Contact Tracing – HIV/AIDS contact tracing and all other
related health intelligence activities may be pursued by the
Department of Health: Provided, That these do not run counter to the
general purpose of this Act: Provided, further, that any gathered
information shall remain confidential and classified, and can only be
used for statistical and monitoring purposes and not as a basis or
qualification for any employment, school attendance, freedom of
abode or travel.
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RA 8504 - ARTICLE VI
Confidentiality
SEC. 30. Medical Confidentiality - All health professionals, medical
instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical record,
file, data, or test results are directed to strictly observe confidentiality
in the handling of all medical information, particularly the identity and
status of persons with HIV.
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RA 8504 - ARTICLE VI
Confidentiality
SEC. 31. Exceptions to the Mandate of Confidentiality - Medical
confidentiality shall not be considered breached in the following cases:
RA 8504 - ARTICLE VI
Confidentiality
SEC. 31. Exceptions to the Mandate of Confidentiality
RA 8504 - ARTICLE VI
Confidentiality
SEC. 32. Release of HIV/AIDS Test Results – All results of HIV/AIDS
testing shall be confidential and shall be released only to the following
persons:
RA 8504 - ARTICLE VI
Confidentiality
SEC. 33. Penalties for Violation of Confidentiality – Any violation of
medical confidentiality as provided in Sections 30 and Section 32 of
this Act shall suffer the penalty of imprisonment for six (6) months to
four (4) years, without prejudice to administrative sanctions such as
fines and suspension or revocation of the violator’s license to practice
his/her profession, as well as the cancellation or withdrawal of the
license to operate any business entity and the accreditation of
hospitals, laboratories and clinics.
SEC. 39. Exclusion from Credit and Insurance Services – All credit and
loan services, including health, accident and life insurance shall not be
denied to a person on the basis of his/her actual, perceived, or
suspected HIV status: Provided, That the person with HIV has not
concealed or misrepresented the fact to the insurance company upon
application. Extension and continuation of credit and loan shall likewise
not be denied solely on the basis of said health condition.
(c) All members of the Council shall be appointed by the President of the
Republic of the Philippines, except for the representatives of the
Senate and the House of Representatives, who shall be appointed by
the Senate President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later the thirty
(30) days after the date of the enactment of this Act;
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RA 8504 - ARTICLE IX
Miscellaneous Provisions
SEC. 49. Implementing Rules and Regulations – Within six (6) months
after it is fully reconstituted, the Council shall formulate and issue the
appropriate rules and regulations necessary for the implementation of
the Act.
SEC. 52. Effectivity – This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.
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RA 8504
• NEPTALI A. GONZALES
(President of the Senate)