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SEMESTER 2

TERM
MT LAWS MLS

L E C T U R E 𐰾 A.Y. 2023 – 2024


MODULE 1: AN OVERVIEW OF MEDICAL TECHNOLOGY
004 01
Pathologists – Is the head of a clinical laboratory
OUTLINE and licensed physician with specialty in
I. Define Medical Technology, Clinical Laboratory, Pathology as certified Philippines Board
Pathologist, and Medical Technologists Pathology
II. Identify the different Job Opportunities for Medical – defined as the practice of medicine
Technologists which contributes to diagnosis,
III. Familiarize the Personal Traits of Medical prognoses, and treatment through
Technologists knowledge gained by lab applications
IV. Familiarize the Special Characteristics of Medical
Technologists TWO TYPES OF PATHOLOGY
1. Anatomical Pathology
- Is the diagnosis or
MEDICAL TECHNOLOGY confirmation of
diseases through
DEFINITIONS
autopsy examination
HEINEMANN – “the application of the principles of and cellular
natural, physical, and biological differentiation of
sciences to the performance of autopsy and surgical
laboratory procedures which aid in the tissues
diagnosis and treatment of diseases”
FAGELSON – “the branch of medicine concerned 2. Clinical Pathology
with the performance of laboratory - Specializes in
determinations and analyses used in chemical,
the diagnosis and treatment of diseases microbiological, and
and the maintenance of health” hematologic
WALTERS – “as the health profession concerned procedures
with performing laboratory analysis in
view of obtaining information Medical – known person who engages in type
necessary in the diagnosis and treatment Technologists work of medical technology under the
of disease as well as in the maintenance supervision of Pathologist or licensed
of good health” physician authorized by DOH in place
RA 5527 or – an auxiliary branch of laboratory where no pathologist and who passed the
PHILIPPINE medicine deals with examination of prescribe course (BSMLS / BS in
MEDICAL tissues, secretion, and excretion of Hygiene) of training examination is
TECHNOLOGY human body and fluids; either manual or registered under – RA 5527.
ACT OF 1969 automated
Medical refers to the duties performed by
Technology clinical laboratory professionals in JOB OPPORTUNITIES OF MEDICAL TECHNOLOGY
various settings within the public and GRADUATES
private sectors. ▪ Employment in government and private hospitals
▪ Encompass clinical ▪ Sales industry as sales representatives, public
applications of: relations representatives, educational representatives
o Chemistry of their company
o Genetics ▪ Field of research
o Hematology ▪ Teach in High School or Tertiary level, handling
o Immunohematology Chemistry, Mathematics and especially biological
(blood banking) sciences or Medical Sciences
o Immunology ▪ Most BS Medical Technology graduates finish the
o Microbiology course as stepping stone in Medical Career
o Serology
o Urinalysis
o Miscellaneous body PERSONAL TRAITS OF A
fluid analysis MEDICAL TECHNOLOGISTS
Clinical – Facilities that perform chemical and ▪ Must need physical stamina, good eye sight, normal
Laboratories microscopic examinations of various color vision, manual dexterity, good intellect and an
body fluids like body and tissue aptitude for biological sciences and a caring attitude.
– Found in both government hospitals ▪ Communication skills and ability to relate well to fellow
and free-standing laboratories workers
▪ Must be observant, motivated, and able to perform
o Small Hospital precise manipulation and calculations, and good
- < 100 bed capacity organizational skills
- Perform routine
procedures SPECIAL CHARACTERISTICS OF A
o Medium size Hospital MEDICAL TECHNOLOGISTS
- 100 – 300 bed capacity A Medical Technologist must be: SPHADE
- Perform all routine ▪ Service Oriented
tests and complicated ▪ Patient
procedures ▪ Honest
o Large size Hospital ▪ Accurate in reporting results
- > 300 bed capacity ▪ Dedicated
- Handle large volume of ▪ Emotionally Mature
work and complex
tests. The most important investment you
can make is in yourself.
Joe Wooden

BSMLS 𐰾� MUNOZ, HAZELYN S. 1


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 2: HISTORY OF MEDICAL TECHNOLOGY

HISTORICAL PERSPECTIVES
OUTLINE
I. Identify important personas and their Ancient - Dx of disease depend on
contributions to Medical Technology Laboratory observation of signs and
II. Trace the history and development of medical Practices – 400 BC symptoms
technology field - Therapeutic Procedures –
III. Familiarize significant era/year in the history of only available for upper class
medical technology - Medical treatment for middle
and lower class were NOT-
SCIENTIFIC
Medical Laboratory Science
- Is a biology / chemistry-based bachelor’s degree Hippocrates - Father of Medicine
- Prepared students for dynamic career in places such - Used the term UROSCOPY
as hospital laboratories and clinics in the prevention, - Promoted the eval of body
treatment and dx of infections and disease. fluids rather than making
assumptions based of
Hippocrates physical symptoms
- Great physician in 460BC
- Regarded as the founder of scientific medicine FOUR HUMORS:
- Determined the correlation between anatomical ▪ Blood
and chemical laboratory findings and the causes of ▪ Phlegm
diseases ▪ Yellow Bile
- Adopted the TRIAD in treating disease with use of ▪ Black Bile
drugs, surgery and bloodletting.
Variolation - Chinese practice of
HISTORY OF MT PROFESSION immunization by inhaling
powder made from smallpox
1500 BC Traced back about Medical Technology scabs
where parasites such as: - A method adapted by: Lady
o ASCARIS Mary Wortley Montagu in
o TAENIA were mentioned England

Ebers Papyrus Ancient medical book that contains India Agadantantra


treatment of diseases that also - Practice of Toxicology
contains descriptions of the three - Is mentioned in the ayurveda
stages of hookworm infections; classics
formerly known as:
o Assasif Medical Papyrus of Ayurveda
Thebes - Indian medicine discipline
Came into possession of which focuses on
o Georg Ebers was dated 16th Toxicology
century BC
Rufus of Ephesus - First to describe HEMATURIA
Vivian Herrick Traced that medical technology started (blood in urine)
way back 1500BC in early writings - Correlated to
physiological
Ruth Williams Medical Technology began from the functions of the
MEDIEVAL PERIOD (1096 – 1438) as kidney
supported by the fact that urinalysis
was a fad Zaccharias – - Invented the microscope (9x
Janssen magnification)
1632 – 1723 Anton Van Leeuwenhoek
- has invented the first Athanasius - Jesuit priest (earliest known
functional microscope Kircher microscopist)
- described RBC, Protozoa, - First to use microscope to
and Bacteria acc. to shape investigate on diseases
- His writings included an
Anne Fagelson Prefers to date medical technology observation that blood or px
from 14th century when prominent with Black Plague contained
Italian physician at the University of “worms”
Bologna employed Alessandra - He thought to be organism
Giliani to perform tasks which would were probably pus cells and
now be considered that of the medical Red blood corpuscle
technologists. because he could not have
observed Y.pestis with a 32
Alessandra Giliani - thought to be an Italian power microscope
natural historian
- best known as the first
woman to be recorded in
historical documents as
practicing Anatomy and
Pathology
- some scholars consider her to
be a fiction invented by
Alessandro Machiavelli

BSMLS 𐰾� MUNOZ, HAZELYN S. 2


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

MEDIEVAL PERIOD
Robert Hooke Published the Microphagia – features
illustrations of his observations under
microscope
▪ First to discover the cell

Marcello Malphigi Investigated the:


▪ embryology of chicks
▪ history and physiology of
glands and viscera
Jean Baptiste van Developed gravimetric analysis of
Helmont urine

Frederick Dekkers Described proteinuria

Richard Lower Promoted the first blood transfusion


in animals

William Hewson Described the process of


coagulation

Francis Home Developed yeast test for sugar in


diabetic urine

Matthew Dobson Identified sugar in the blood and urine


of diabetics

Yersinia Pestis Causative agent of Bubonic Plague

Albert Bruce Sabin Discovered the oral vaccine for polio

Yeast Eukaryotic, single-celled


microorganisms classified as
members of the fungus kingdom

Hematuria Presence of blood in urine

Rosalyn Yallow Developed the radioimmunoassay


technique

BSMLS 𐰾� MUNOZ, HAZELYN S. 3


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 3: HALLMARK OF MEDICAL TECHNOLOGY
PROFESION IN THE PHILIPPINES

HISTORY OF MEDICAL TECHNOLOGY IN


OUTLINE THE PHILIPPINES
I. Identify the important personas in the medical
technology history and their contributions SPANISH ERA
II. Identify the important dates in the ▪ University of Santo Tomas
advancement of Medical Technology both in - Offered medicine but education was lagging
United States and Philippines behind in the medical sciences because
III. Examine Legal issues and concerns in the Spanish colonial administration viewed
medical technology practice medical practices as “materialistic and
impious studies”

HISTORY OF MEDICAL TECHNOLOGY ▪ Americans noted the public health status of country
IN UNITED STATES - mosquito borne diseases: Malaria
- And water-borne disease: Cholera
1871 Harvard - Introduce reforms in Were prevalent and alarming
University medical education
emphasizing on ▪ Philippine Tropical Disease Board
“Learning by doing” - Study disease occurrence in the country
- Followed by:
o University of ▪ 26th Medical Infantry of the 6th US Army
Pennsylvania - Was the first to introduce medical technology
o University of in the Philippines
Michigan
▪ Manila Public Health Laboratory
John Hopkins - Has best contribution in - First clinical laboratory in the Philippines
School of the history of American located at – 208 Quiricada Street, Sta.
Medicine Medical Education Cruz, Manila
- Provide two years of
instruction in basic February of offered one year training to
science and mandatory 1944 high school graduates
work
June of US army endorse the lab to the
Late William H. Welch, Michelle 1944 National Department of Health
1870’s Prudden and their students – – the department deemed it
was the first to apply clinical non-functional that they close is
pathology to medical diagnosis down
1887 Dr. Douglas - Built a laboratory at the October The laboratory was formally
with Dr. Osler University Hospital in 1945 reorganized by: Dr. Pio de
and Dr. Philadelphia and Roda – assisted by the Manila
George Dock University in Ann Arbor Health Officer: Dr. Mariano
- Mandated that all px Icasiano
should undergo routine
laboratory examinations 1954 Training program for aspiring
including urinalysis and laboratory workers started using
blood examinations formal SIX-MONTH SYLLABUS
- Other fluids: stomach prepared by – Dra. Prudencia
contents, exudates, and Sta. Ana
others..
The Program was ended when
1896 John Hopkins Opened the first Clinical Bureau of Private Education
Hospital Laboratory approved FOUR YEAR
COURSE in BS in Medical
1911 The Formally approved laboratory Technology
Insurance Act science as the basis of diagnosing
disease First school of MedTech in the
Philippines was opened by –
1915 State Required all hospitals and Manila Sanitarium Hospital
Legislature of institutions to have adequate under leadership of Mrs. Willa
Pennsylvania laboratory facility and full-time Hendrick
technician
Absorbed by Philippine Union
1940 - Standard 2 year College (now: Adventist
curriculum with 1 year University of the Philippines)
actual training was
established AFTER 2 PUC produced its first graduate
- Bachelor’s degree in YEARS – – Dr. Jesse Umali
science 1956 o A successful OB –
Gynecologist

BSMLS 𐰾� MUNOZ, HAZELYN S. 4


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

MEDICAL TECHNOLOGY EDUCATION IN THE PERTINENT LAWS THAT APPLY TO MEDICAL


PHILIPPINES TECHNOLOGISTS
S.Y. 1957 – 1958 Labor Law of the Philippines
Dr. Antonio - Faculty of Pharmacy
▪ RULE II : Employment and Promotion
Gabriel and - UST offered medical technology
▪ RULE V : Private employment Agencies
Dr. Gustavo as an elective subject to 4th and
▪ BOOK III : Conditions of Employment
Reyes 5th B.S. Pharmacy Students

Rev., Fr. - Decided to offer it as a course Revised Penal Code of the Philippines
Lorenzo because of the popularity of ▪ BOOK I: Title I – Felonies and Circumstances
Rodriguez medical technology among ▪ TITLE V : Civil Liability
pharmacy students ▪ TITLE XIV: Criminal Negligence

June 17, 1957 Temporary permit was Civil Code of the Philippines
issued by DepEd for 1st to ▪ BOOK I : Persons
3rd year students
▪ BOOK IV : Obligations and Contracts
June 1960 The permit for the first
internship program was Constitution of the Philippines
issued ▪ ARTICLE III : Bill of Rights

June 14, 1961 Finally, Medical Technology Professional Ethics


has been recognized as an - A medical technologist is mandated to observe the
official program in UST. Code of Professional Ethics of all time
1960 Centro Escolar University – Carmen de
CHED Memorandum Order for Medical technology
luna – offered MedTech course
Educational Policies
- It states that a student should complete three years of
1961 Far Eastern University – offered academic courses and internship
MedTech course
LEGAL ISSUES AND CONCERNS
University Offered BS Public Health similar to ▪ Right to perform the profession with minimal
of the BSMLS/BSMT supervision by a registered pathologist
Philippines ▪ Right to enjoy the privilege and prestige of being a
MedTech
Post University of Santo Tomas and Philippine ▪ Right to have just compensation
graduate Women’s University ▪ Right to have hazard pay and other benefits
(MS Medical ▪ Right to have continuous professional growth and
Technology) development
▪ Right to have a conducive work place and good
working conditions
HALLMARK OF MEDICAL TECHNOLOGY
PROFESSIONAL PRACTICES PRESENT POSITION AND ROLES OF
THE PROFESSIONAL PRACTICE OF MEDICAL MEDICAL TECHNOLOGY IN THE
TECHNOLOGY IN THE PHILIPPINES IS GOVERNED BY GLOBAL MARKET
THE FOLLOWING: ▪ Readiness to complete amidst global changes and
innovations
▪ Pertinent Laws ▪ Openness to embrace the principles of the latest
- Includes existing laws of the land that technology
mandate professional practice of medical ▪ Dedication to work and consistency in making
technology decisions and judgements
▪ Drive to keep abreast of the latest updates in
▪ Labor Law scientific research
- Considers the existence of employee- ▪ Willingness to uphold the values of professional
employer relationship organizations
▪ Civil Law of the Philippines
- Mandates the contracts and obligations
attached to a medical technology
professional practice

▪ Criminal Law
- Mandates the offenses committed by the
medical technologist that can never be
denied with due process and equal
protection.

▪ Constitution of the Philippines


- Mandates the Bill of rights as a Filipino
citizen.

BSMLS 𐰾� MUNOZ, HAZELYN S. 5


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 4: RA 5527 – MEDICAL TECHNOLOGY LAW

▪ Concluding Provisions – SEC. 28 – 32


OUTLINE - Includes the roster of medical
I. Explain the Provisions of R.A. 5527 technologists, penal provisions, separability
II. Describe the concept of Law and the clause, and repealing clause
provisions of R.A. 5527
III. Explain the amendments of R.A. 5527 AMMENDMENTS TO R.A. 5527
AMENDMENTS
- By conventional definition, are changes to certain
CONCEPT OF LAW AND THE PROVISIONS
provisions of a Republic Act.
OF R.A. 5527
- Based on premise that changes are made or to be
LAWS made for the purpose of adapting to what is
- Refers to the set of rules or orders imposed on all presently existing in the professional practice and
members of the community expensing the rights and privileges extended to an
- They are recognized, binding, enforceable on an individual or a group of persons
individual by organization or a group of individuals
who are authorized to implement such. R.A. 5527 and CHED Memorandum Orders
- CHED Memorandum Orders – emphasize the
REPUBLIC ACT standard policies in applying for a program permit
- A piece of legislation enacted as a policy that may and recognition, including the requirements for
govern the conduct and behavior of an individual or library holdings, faculty, instruction, schedule of fees,
group of persons and uphold the principles of the budget, goals and objectives, and feasibility study
constitution
R.A. 5527 and Clinical Laboratory Accreditation and
PRESIDENTIAL DECREE – directly made the law; during Categories
martial law - Includes the provisions on the accreditation of the
- Connotes the judgement of the court clinical laboratory as training ground for interns or
- Includes proclamation of legal consequences of externs as the case may be.
the facts or actions in connection with professional
practice of medical technology carried out or decided Presidential Decree No. 6138
by the court in its finality - Amends certain sections of RA 5527, these provisions
are:
EXECUTIVE ORDER • Section 16 – discusses the qualification
- Contains the president’s directives implementing or for examination in which provision did
interpreting certain constitutional provisions or not indicate the condition regarding the
treaties. practice of MedTech profession over past
- It can also be defined as “The Legal language of the five years
President of the Republic of the Philippines” – • Section 21
usually issues policies to avoid public or political • Section 22 – was deleted as per PD 6138
debate and opposition
Presidential Decree No. 498
SENATE BILL - P.D. amends certain sections of RA 5527, these
- is a piece of proposed legislation that has been provisions are:
issued or was modified by the congress or state • Section 2 – 4
- this bill can become law after its passage by the • Section 7 – 8
Senate and the House of Representatives and the
• Section 11
approval of the President of the Philippines
• Section 13
• Section 16 – 17
IMPACT OF LAW ON THE MEDICAL • Section 21
TECHNOLOGY PROFESSIONAL PRACTICE
• Section 29
Legal concept in the professional practice includes the
following: Presidential Decree No. 1534
1. Prevailing laws and source or origin - Amended:
2. Offense and legal responsibility • Section 3 – paragraph 3
3. Laws and orders, sanctions, system of laws, and • Section 8 – paragraph (g)
legality of actions
• Section 11 – paragraph (i)
• Section 13 of RA 5527
R.A. 5527 • Section 12 of PD 498
- practice of Medical Technology profession is governed
by this law – June 21, 1969 LEGAL ISSUES AND CONCERNS
OF RA 5527
IT IS DIVIDED INTO PARTS:
This should be addressed in the amendment proceedings of
▪ Preliminary Provisions – SEC. 1 – 2 RA 5527 and the other PD are as follows:
- Are the designated title and definition of
terms of R.A. 5527 1. Inhibition against the medical technology professional
services
▪ Functional Provisions – SEC. 3 – 27 2. Acts of omission or negligence and malpractice
- Pertains to the 3. Absence of a supervising pathologist
o policies or orders creating a council 4. Issuance and revocation of license certificates of
of medical technology registration
o minimum required course 5. Biohazard pay extended to practicing medical
o composition, technologists
o functions 6. Legal assistance extended to aggrieved medical
o qualifications technologists
o and removal of the board of 7. Use of techniques by other healthcare practitioners
examiners examination coverage 8. The claim for ownership
o foreign reciprocity

BSMLS 𐰾� MUNOZ, HAZELYN S. 6


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

ADDITIONAL FROM THE BOOK:


▪ Nardito Moraleta
- PAMET 2nd President (1967 – 1970)

▪ Senate Bill 996 which was then signed into law as


R.A. 5527 on June 21, 1969
▪ PD 498, 2nd Revision made on June 28, 1974,
amended 11 sections. Was worked upon by Felix
Asprer, another PAMET former president.

THE FOLLOWING AMENDMENTS TO R.A. 5527


INTRODUCED IN RECENT YEARS:
1. Senate Bill 2722
- Filed by Hon. Senator Edgardo Angara
(15th Congress) on February 28, 2011
- Shall be known as the Philippine Medical
Technology Act of 2011

2. House Bill 3502


- Proposed by Hon. Leopoldo N. Bataoil (16th
Congress) on December 04, 2013

3. Senate Bill 2473


- Introduced by Hon. Senatior Teofisto
Guingona III (16th Congress) on November
27, 2014

4. House Bill 2049


- Another amendment proposed by Hon.
Leopoldo N. Bataoil (17th Congress)

5. Senate Bill 1891


- Filed by Hon. Senator Antonio Trillanes
(17th Congress) on July 26, 2018

BSMLS 𐰾� MUNOZ, HAZELYN S. 7


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 5: R.A. 5527 – PART II

PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969 SECTION 5:


Functions of the Council of
SECTION 1:
Medical Technology Education
TITLE • To recommend the minimum required curriculum
Philippine Medical Technology Act of 1969 • To determine the prescribe number of students to
be allowed to take up the course in each school and
SECTION 2: student-instructor ratio and facilities
• To approve MedTech schools meeting the
Definition of Terms requirements and recommend closure of those found
▪ Pathologist substandard
- Registered physician especially trained in • Require all MedTech school to submit an annual
laboratory medicine reporting:
▪ Medical Technology ▪ Total number of students and instructors
- Auxiliary branch of laboratory medicine ▪ List of facilities available for instruction
which deals with examination of various ▪ List of their recent graduates and new
chemical, microscopic, bacteriologic and admission
other medical laboratory procedures or • To inspect different schools
techniques • To certify admission into an undergraduate internship
student:
▪ Medical Technologist ▪ Completed 3 years MedTech course
- A person who engages in the work of ▪ Collect an amount 5.00 from each to accrue
Medical Technology under supervision of for operating fund of council
Pathologist • Formulate and recommend approval of refresher
▪ Practices of Medical Technology course applicants who failed 3rd time in boards.
- A person shall deem to be in the practice • To promulgate and prescribe rules and regulations
of Medical Technology, who for a fee, for proper implementation of foregoing instructions
salary or other compensation or reward paid
or given directly or indirectly through another SECTION 6:
▪ Medical Technicians Minimum Required Course
- A person certified and registered with the • MedTech course shall be at least
Board as qualified to assist a Medical ▪ 4 years
Technologist and/or qualified pathologist in ▪ 12 – month satisfactory internship
practice of Medical Technology is defined in
the Act Basic Subjects English, Spanish, Social
▪ Accredited Medical Technology Training Sciences, General zoology,
Laboratory Physics, General Chemistry,
- A clinical laboratory, office, agency, Qualitative Chemistry,
hospital, or sanitarium duly approved by Quantitative Chemistry,
DOH (transferred from DOH to CHED) Biochemistry, Statistics
▪ Recognized school of Medical Technology Advanced Subjects Gross Anatomy, Histology,
- Any school, college, or university which Physiology, Clinical
offers medical technology approved by DOH Parasitology, General
upon recommendation of Council of Pathology, Microbiology
Medical Technology Education
Clinical Subjects Hematology, Serology,
SECTION 3: Blood Blanking, Clinical
Council of Medical Technology Education Microscopy, Applied
and its Composition Microbiology, Applied
Parasitology,
Histopathologic Technique,
Chairman Director of Higher Education of Cytotechnology
Secretary of Education

Vice – Director of Bureau of Research


Chariman Laboratory of DOH SECTION 7:
Board of Examiners for Medical Technology
Members Chairman of the Boad • Boards holds the office for 3 years without re-
2 Members of the Board appointment
• Supervision
Representatives Deans of School of Medical - To see to it that Board is functioning within
Technology and Public Health the bounds of Law
• Control
- Power to alter, revise, modify or change
SECTION 4: the decision of the Board
Compensation and Travel Expenses of the Council
Members SECTION 8
• Every meeting attended; council is entitled to 25 per Qualification of an Examiner
diem/meeting. • Filipino Citizen of good moral character
• Council is entitled to travelling expenses in • Qualified pathologist (Chairman) or RMT (members)
connection of their official duties. of the Philippines with the degree of BSMLS or BS in
Hygiene or BS in Public Health
• Has been in practice of laboratory medicine or
Medical Technologist for at least 10 years prior to
his/her appointment

BSMLS 𐰾� MUNOZ, HAZELYN S. 8


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

• Not a member of faculty of any Medical Technology SECTION 15:


schools for at least 2 years prior to appointment
Examination
SECTION 9: • All applicant for registration as MedTech’s shall be
required to undergo written examination – given by
Executive Officer of the Board board bi-annually
• Commissioner of Civil Service • A graduate can only practice MT profession if he/she
o Executive officer of Civil Service pass the written board exam
o Shall conduct the examinations given by • Held alternatively on weekdays and on weekends to
the board provide examination opportunity for religious
prohibiting examinations on certain days of the week
SECTION 10: • Constant test sites:
o Greater Manila Area
Compensation of Members of the Board of
o Cebu
Examiners of Medical Technology
o Baguio
Each member shall receive: o Iloilo
▪ Ten (10) pesos for each applicant examined o Cagayan de Oro
▪ Five (5) pesos for each applicant granted a COR o Legaspi
without examination o Davao
o Lucena City
SECTION 11: • FINAL DAY of Submission of Application: Twenty
Days prior to licensure examination
Functions and Duties of the Board
• PUBLICATION: must have written notices published
1. Administers the provision of this Act at least 30 days prior to examination in at least 3
2. Administers oaths in connection with the papers of national circulation.
Administration of this Act
3. Issue, suspend and revoke CORs of Medical
Technologists and Technicians for the practice of SECTION 16:
Medical Technology Qualification of Examination
4. Look into conditions affecting the practice of 1. In good health
Medical Technology in the Philippines – adopt such 2. Of good moral character
measures for the maintenance of good ethics and 3. Completed at least 4 years of BSMT / BS Public
standards Health by a recognized school
5. Investigate such violations of this Act or of the 4. Graduate of other profession if they have been
rules and regulations issued there under as may practicing the profession for the last 5 years prior to
come to the jurisdiction of the Board June 21, 1969
6. Draft such rules and regulations as may be 5. Foreigners may take the exam if:
necessary to carry out the provision’s pf this Act, after
• Has compiled with all the requirements
the approval of the President of the Philippines embodied in the PRC Resolution No. 323 S,
1994
SECTION 12: 6. The alien applicant must show that:

\

Removal of Board Members Board has an established reciprocity in the


practice of the profession between
1. Neglect of Duty
Philippines and his/her country/state
2. Incompetency
3. Malpractice or unprofessional, unethical, immoral or • 3 years permanent residence
dishonorable conduct. • The curricula are substantially similar

SECTION 13: SECTION 17:

Accreditation of Schools of Medical Technology and of Scope of the Examination


Training Laboratories Clinical Chemistry 20%
• School of MT first requires authority from CHED to
offer BS Medical Technology course Microbiology and Parasitology 20%
• Training Laboratories must get license from DOH
through BFHS until CMO. 13 s, 2017 Hematology 20%
• Accreditation of both schools and training laboratories
are solely authorized by CHED Blood Banking and Serology 20%

SECTION 14: Clinical Microscopy 10%

Inhibition against the practice of Hispathologic Techniques, 10%


Medical Technology Cytotechnology, MT Laws, Related Laws
• No one shall practice the Medical Technology and its Implementing Laws, Code of
profession unless he/she has a valid COR from MT Ethics
Board provided that registration shall not be required
of the ff:
▪ Duly registered physicians • Board shall prepare the schedule of subjects for
▪ MT from other countries called in for examination
consolations or as visiting or exchange • Board shall submit the schedule to the
professors to college or universities Chairperson of PRC publication
(provided that they are only practicing the • Board shall compute the grades of each examinee
said function)
▪ MT in the US Armed Forces

BSMLS 𐰾� MUNOZ, HAZELYN S. 9


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

SECTION 18: SECTION 22:


Reporting of rating Fees
• To pass the Board Examination, a candidate must: • The Board shall charge each applicant for:
o Obtain at general ave. of at least 75% ▪ Free for examination
o NO rating below 50% in any major subjects ▪ Registration
o Has not failed in at least 60% of subjects ▪ Issuance of COR
computed according to their relative weights ▪ New certificate lost, destroyed or mutilated
• COR bears the signatures of
• No further examination will be given after failing three ▪ Chairperson of the PRC
examinations unless until completion of: ▪ Three members of the Board (Chairman and
o 12 months refresher course 2 members)
o 12 months postgraduate training in an
accredited laboratory SECTION 23:
• Graduates of other paramedical professions (other
Refusal to Issue Certificate
than BS MedTech or BS Public Health)
• Admitted to an examination (under the provisions of • The Board shall refuse to issue a COR to:
this Act) shall not be given further exams after his o Any person convicted by court
failure to pass for the third time o Immoral and dishonorable conduct
o Unsound mind
o Incurable, communicable disease
SECTION 20:
Oath SECTION 24:
• All successful examinees shall be required to take a Administrative Investigation
professional oath before the Board or before any
person authorized to administer oaths before entering • Investigation conducted by:
the practice of Medical Technology in the Philippines o At least 2 members of the Board
o With presence of 1 legal officer – shall not
participate in proceedings but sees to it that
SECTION 21: the investigation is within the bounds of law
Issuance of Certificate of Registration (COR)
• Certificate of Registration – issued after applicant • Penalty of reprimand and suspension of license:
passed the MT Board exams o Majority vote ( 2/3 )
• Penalty of revocation
• No COR shall be issued to a board exam passer who o Unanimous vote ( 3/3 )
is less than 21 years old
• RMTs shall be required to display his COR in the SECTION 25:
place where he works.
Appeal
• Payment Application of 150.00
• Revocation or suspension of license can be
• The Board shall issue COR as MT without appealed to the PRC whose decision shall become
examination: final after 30 days unless appealed to the President
o BSMT or BS Public Health (duly recognized of the Philippines
schools) in the Philippines or any foreign
country. SECTION 26:
• In the case of the latter:
Reinstatement, Reissue or
a. The standard of MT Education is
Replacement of Certificate
substantially the same as ours;
b. hall have been in the practice of MT for at • If suspension period has already finished, COR shall
least 3 years. If such performance began be re-issued upon request.
prior to June 21, 1969. • The Board of Medical Technology may re-issue
revoked COR for reasons deemed proper and
• Graduates of other courses who have been actually
sufficient after the application of re-issuance.
performing MT practice for the last 8 years and such
performance began prior to June 21, 1969.
SECTION 27:
• The Board shall issue a COR as medical technician
without examination: Foreign Reciprocity
o Application: 50.00 • No foreigner shall be admitted to examination or be
o Who passed the Civil Service Examination given a COR or be entitled to any of the rights or
for medical technician given on – March 21, privileges under this Act unless the country or state of
1964. which he is a subject or a citizen permits Filipino MTs
o Who finished a 2 – year college course and to practice within its territorial limits on the same basis
has at least (1) year experience as medical as the subjects or citizens of said country or state.
laboratory technician • Foreigners who are allowed through reciprocity:
o Provided further, that an applicant who has o Foreign professionals who are called by the
at least 10 years of experience as medical government consultation, exchange
laboratory technician as of the date of professors or instructors in the specialized
approval of this Decree (PD 498) regardless branches of the professions.
of his academic attainment may qualify for o Foreign professionals who come to
COR without exam. Philippines by virtue of international
o Has failed to pass the board exam for MT but convention.
had obtained a general rating of at least
70%. SECTION 28:
o A registered medical technician when
employed in the government shall have the Roster of Medical Technology
equivalent civil service eligibility not lower • Prepared annually by the Secretary of the Board
than second grade. • Name, address, citizenship, date of registration
• Open for Public Inspection

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

• DELISTING OF NAMES OF DELINQUENT SECTION 32:


PROFESSIONALS FROM THE ROLLS OF
REGISTERED PROFESSIONALS Effectivity
o Mandates the various Boards to suspend the • This Act shall take effect upon its approval:
COR of registered professionals who have ▪ Gil Puyat – Senate President
been missing the payment of annual ▪ Jose B. Laurel, Jr. – Speaker of the House
registration fees for five (5) continuous of Representatives
years from the year it was last paid, and to ▪ Inocencio B. Pareja – Secretary of the
delist their names from the rolls, with or House of Representatives
without surrender of said COR ▪ Ferdinand E. Marcos – President of the
- PRC Resolution No. 217, series of Philippines
1992, dated May 14, 1992. • Approved: June 21, 1969
• Those whose COR have been suspended and whose
names have been delisted from the rolls are not HIGH YIELDS
allowed to practice their professions until such ▪ Section 6
time that the suspension has been lifted. ▪ Section 7
• Those found practicing illegally will be criminally ▪ Section 8
liable. ▪ Section 15
▪ Section 18
SECTION 29: ▪ Section 19
▪ Section 20
Penal Provision
▪ Section 21
• Penalty: ▪ Section 23
o 2,000 to 5,000 or;
o 6 months to 2 years imprisonment or;
o BOTH
• Punishable acts of a Medical Technologist:
▪ Any person who shall practice Medical
Technology in the Philippines without
being registered or exempted from
registration in accordance with this Act.
▪ Any RMT who practices without the
necessary supervision of a qualified
pathologist or physician authorized by DOH.
▪ Any RMT who shall make fraudulent
laboratory reports.
▪ Any RMT who shall refuse or fail, after due
warning by the MY Board, to display his
COR.
▪ Any person who shall give any false or
fraudulent evidence of any kind in obtaining
a COR as a medical technologist.
▪ Any person who shall impersonate any
registrant of like or the same name.
▪ Any person who attempts to use a revoked
or suspended COR
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.
• Any person or corporation body who shall allow
anyone in his employ who is not a medical
technologist/medical technician to practice
medical technology or recommend for appointment
anyone for the position of medical
technologist/medical technician knowing that he/she is
not registered as such.

SECTION 30:
Separability Clause
• This is the part that states that if any section or
provision of this Act is held to be unconstitutional
or revoked, the other sections or provisions of the
law shall not be affected.

SECTION 31:
Repealing Clause
• All acts, executive orders, rules, and regulations, or
parts thereof inconsistent with the provisions of this
Act are hereby appealed. Provided, however, that
nothing in this Act shall be construed as repealing or
amending any portion of the Medical Act of 1959 (RA
2382, as amended by RA 4224), the Clinical
Laboratory Act of 1966, and the Blood Banking
Law of 1956.

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 6: PROFESSIONAL REGULATION COMMISSION

QUASI – LEGISLATIVE
OUTLINE - Formulation of rules and policies falls under
I. Trace the History of the PRC this function of PRC, these rules and policies
II. Identify the main functions and roles of PRC have same binding effect as an actual law
III. Enumerate the composition, qualifications, and
functions of Medical Technology Board of EXECUTIVE
Examiners - Includes the implementation, administration,
and enforcement of regulatory policies of
national government with the maintenance of
PROFESSIONAL REGULATION COMMISSION professional and occupational standard and
ethics, and the enforcement of the rules and
HISTORY OF THE PRC regulations.
▪ Was established as a national government agency on
– June 22, 1973, through Presidential Decree No. COMPOSITION, FUNCTION, AND QUALIFICATIONS OF
223 signed by Former President Ferdinand E. THE MEDICAL TECHNOLOGY
Marcos. As stipulated in R.A. No. 5527 – the composition,
qualifications, and functions of MedTech Board of Examiners
▪ It had already existed previously as the Officer of the are as follows:
Board of Examiners by virtue of – RA. 546 on June
17, 1950 under Civil Service Commission (CS)
SECTION 7
▪ Became operational on – January 4, 1974 with Arch. Board of Examiners for Medical Technology
Eric C. Nubla as Commissioner There is hereby created a Board of Examiners for Medical
Technology which shall hereafter be referred to as the Board
▪ December 9, 1974 composed of a:
- P.D. 223 was promulgated • CHAIRMAN – who is a pathologist appointed by the
- Paved way for standardization of rules and President of the Philippines from a list submitted by
procedures for thirty – three (33) the Philippine Society of Pathologists
professions under PRC • TWO MEMBERS – who are registered medical
technologists appointed by the President of the
▪ February 12, 1975 Philippines from among a list submitted by the
- PRC made CSC building on P. Paredes St. Philippine Association of Medical Technologists
Sampaloc, Manila (main building) each one to serve a term of THREE YEARS:
- The head of PRC is appointed by the
President of the Philippines Provided, that the first, board to be created
• one member who shall act as chairman shall serve
FUNCTION AND ROLES for three years
▪ December 5, 2000 • one member for two years
- President Joseph Ejercito Estrada signed • third member for one year
RA. 8981 known as PRC Modernization Act
of 2000 And provided, further, That the first members of the Board of
▪ February 15, 2001 Examiners for Medical Technology shall be issued a
- Implementing rules and regulations were certificate of registration as Medical Technologist without
adopted through – PRC Resolution No. 1 s. prior examination in accordance with the provisions of this Act.
2001 No member shall be allowed more than one
reappointment. The President of the Philippines shall fill the
FUNCTIONS OF RA. 8981 vacancy that may occur but the appointee shall serve only the
1. Executive Functions unexpired term of the incapacitated member.
2. Quasi – legislative Functions
3. Quasi – judicial Functions SECTION 8
THRUST AND PRIORITIES OF RA. 8981 QUALIFICATIONS OF EXAMINERS
1. Customer – focused service No person shall be appointed a member of the Board of
2. Modernization through full computerization and re – Examiners for Medical Technology unless he or she:
structuring ▪ is a Filipino citizen;
3. Integrity of licensure examinations
4. Good governance ▪ is of good moral character;
5. Protections and promotion of Filipino professionals ▪ is a qualified pathologist or duly registered medical
6. Support to National Development priorities technologist of the Philippines with the degree of
Bachelor of Science in Medical Technology/Bachelor
In fulfillment of its legal mandate of Science in Hygiene;
THE PRC PERFORMS TWO IMPORTANT FUNCTIONS: ▪ has been in the practice of laboratory medicine or
1. To conduct and administer licensure examinations to medical technology for at least ten years prior to his
aspiring professionals appointment, and
2. To regulate and supervise the practice of the ▪ is not a member of the faculty of any medical
professionals’ exercise in partnership with forty – technology school, or have any pecuniary interest,
three (43) Professionals Regulatory Boards (PRB) in direct or indirect, in such institution:
the fields of health, business, education, social
sciences, engineering and technology Provided, however, that for the first three years
following the approval of this Act, the requirement
QUASI – JUDICIAL mentioned in number four (4) shall be reduced to
- Involves the investigation of unlawful, five years
inappropriate and destructive behavior of
examinees and professionals

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

SECTION 10 expiration of his term, resignation or removal.


No person shall be appointed chairman or
COMPENSATION OF MEMBERS OF THE BOARD member of the Commission unless he is at
OF EXAMINERS OF MEDICAL TECHNOLOGY least – forty (40) years of age familiar with
▪ Each member of the Board shall receive a sum of principles and methods of professional
TEN PESOS for each applicant examined and FIVE regulation and/or has at least five (5) years
PESOS for each applicant granted a certificate of of managerial experience.
registration without examination.
SECTION 5:
SECTION 11 POWER OF THE COMMISSION
FUNCTIONS AND DUTIES OF THE BOARD a. To administer, implement and enforce the regulatory
The Board is vested with authority and required, conformably policies of the National Government with respect to
with the provisions of this Act, to: the regulation and licensing of the various professions
a. administer the provisions of this Act; and occupations under its jurisdiction including the
maintenance of and occupational standards and
b. Administer oaths in connection with the administration ethics and the enforcement of the e in rules and
of this Act; regulations relative thereto.
c. Issue, suspend and revoke certificates of registration b. To perform any and all acts, enter into contracts,
for the practice of medical technology;
make such rules and regulations and issue such
d. Look into conditions affecting the practice of medical orders and other administrative issuances as may be
technology in the Philippines and, whenever necessary in the execution and implementation of its
necessary, adopt such measures as may be deemed functions and the improvement of its services.
proper for the maintenance of good ethics and
standards in the practice of medical technology; c. To review, coordinate, integrate and approve the
policies, resolutions, rules and regulations, orders or
e. Investigate such violations of this Act or of the rules decisions promulgated by the various Boards with
and regulations issued thereunder as may come to respect to the profession or occupation under their
the knowledge of the Board and, for this purpose jurisdictions including the results of their licensures
issue subpoena and subpoena duces tecum to secure examination but their decisions on administrative
appearance of witnesses and production of cases shall be final and executory unless appealed to
documents in connection with charges presented to the Commission within thirty (30) days from the date
the Board; and of promulgation thereof.
f. Draft such rules and regulations as may be necessary
to carry out the provisions of this Act: Provided, That d. To administer and conduct the licensure examinations
of the various Boards according to the rules and
the same shall be issued only after the approval of the
regulations promulgated by it; determine and fix the
President of the Philippines.
places and dates of examinations; appoint
supervisors and room examiners from among the
SECTION 12 employees of the Government or private individuals
REMOVAL OF BOARD MEMBERS who have been trained by the Commission for that
▪ Any member of the Board may be removed by the purpose who shall be entitled to a daily allowance
President of the Philippines for of not less than TEN PESOS (P10) for every
o neglect of duty examination day actually attended; use the buildings
o incompetency and facilities of public and private schools for
o malpractice or unprofessional examination purposes; and approve the release of
o unethical examination results;
o immoral or dishonorable conduct e. To keep and maintain a register of authorized
practitioners of the profession or occupation; issue
after having been given opportunity to defend certificates of registration or licenses signed by all the
himself in a proper administrative investigation; members of the Board concerned and the
Provided, that during the process of investigation, the Commissioner with the official seal of the Board
President shall have the power to suspend such affixed;
member under investigation and appoint a temporary
member in his place. f. To have custody of all the records of the various
Boards including their examination papers, minutes of
deliberation, records of administrative cases and
PERTINENT LAWS AND EXECUTIVE ORDERS
investigations and examination results;
PREDISENTIAL DECREE NO. 223
g. To determine, fix and collect the amount to be
P.D. 223 – created the PRC and defined its power and charged for examination, registration, registration
functions. Some of its provisions are: without examination, licenses, annual registration
fees, certifications, surcharges and other fees not
SECTION 2: specified under the provisions of Republic Act No.
COMPOSITION 6511 or amend the rates provided thereunder subject
▪ The Commission shall be headed by to approval by the Office of the President;
o ONE full time Commissioner h. To appoint, subject to the provisions of existing laws,
o TWO full time Associate Commissioners such as officials and employees of the Commission as
are necessary in the effective performance of its
all to be appointed by the President for a functions and responsibilities, prescribed their duties
term of nine (9) years without and fix their compensation; and to organize or
reappointment to start from the time they reorganize the structure of the Commission, create or
assume office, abolish positions, change the designations of existing
positions to meet changing conditions or as the need
EXCEPT the first two Associate therefor arises; Provided, That such changes shall not
Commissioners who shall be appointed, one affect the employment status of the incumbents,
for six (6) years and other (3) years; and reduce their ranks and/or salaries nor result
thereafter, any vacancy in the Commission separating them from the services;
shall be filled for the unexpired ferm only with
the senior of the Associate Commissioners
succeeding the Commissioner at the

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

i. To submit and recommend to the President of the PRC RESOLUTION NO. 11 S. 2011
Philippines nominees for appointment as members of
▪ Prescribes the guidelines for the registration of
the various Boards from among those nominated by
Medical Laboratory Technicians under SECTIONS 21
the bona fide professional organizations accredited by
of the Medical Technology Act of 1969
the Commission to fill existing or probable vacancies;
j. The Commission may, upon the recommendation of PRC MODERNIZATION ACT (P.D. NO. 8981)
the Board concerned, approve the registration of and ▪ Made the delivery of results faster by enabling the
authorize the issuance of a certificate of registration PRC to publish them three days after the
with or without examination to a foreigner who is examination has taken place. Furthermore, statistical
registered under the laws of his country: Provided, reports of school performance were made available
That the requirement for the registration or licensing in for viewing INCLUDES 21 SECTIONS and an
said foreign state or country are substantially the effectivity clause.
same as those required and contemplated by the laws
of the Philippines and that the laws of such foreign
state or country allow the citizens of the Philippines to
practice the profession on the same basis and grant
the same privileges as the subject or citizens of such
foreign state or country: Provided, finally, That the
applicant shall submit competent and conclusive
documentary evidence, confirmed by the Department
of Foreign Affairs, showing that this country’s
existing laws permit citizens of the Philippines to
practice the profession under the rules and
regulations governing citizens thereof. The
Commission is also hereby authorized to prescribe
additional requirements or grant certain privileges to
foreigners seeking registration in the Philippines if the
same privileges are granted to or some additional
requirements are required of citizens of the
Philippines in acquiring the same certificates in his
country;
k. The Commission shall have general supervision over
foreign nationals who are authorized by existing laws
or granted special permits to, practice their profession
temporarily in the Philippines to see that the terms
and conditions for their employment are strictly
observed and adhered to;
l. to prescribe or revise, in conjunction with the Board
concerned and the Secretary of Education and
Culture or his authorized representative, collegiate
courses the completion of or graduation from which
shall be a prerequisite for admission into the practice
of the profession concerned;
m. To exercise general supervision over the members of
the various Boards;
n. To promulgate such rules and regulations as may be
necessary to effectively implement policies with
respect to the regulation and practice of the
professions;
o. To perform such other functions and duties as may be
necessary to carry out effectively the various
provisions of professional regulatory laws, decrees or
orders;

PRESIDENTIAN DECREE NO. 657


▪ P.D. 657 amended Section 3 of Paragraph (j) of
Section 5 of P.D. 223 on the creation of the PRC and
which prescribes its power and functions
▪ P.D. 657 consist of 3 sections, including the effectivity
of this decree dated – February 19, 1975

EXECUTIVE ORDER NO. 200


▪ E.O. 200 during ATTY. HERMOGENES POBRE'S
term as commissioner, institutionalized the partial
computerization of the licensure examinations. The
CPA Licensure Examinations were piloted using
computerized application forms. In 1993, the full
implementation of computerized examinations in 15
professions was made possible through the use of
the
o TEST QUESTION DATABANK
o and the OPTICAL MARK READER

for the checking of papers. Providing a


faster and more accurate delivery of results
to examiners.

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 7: LEGAL ISSUES AND COCNERNS IN PRC AND
CONTINUING PROFESSIONAL EDUCATION

REVOCATION, SUSPENSION, AND REISSUE OF


OUTLINE THE PRC CERTIFICATE
I. Examine the legal issues and concerns
relevant to the commission, the licensure The procedure for revocation and suspension of the PRC
examination, the revocation of license, the certificate in line with the provisions of R.A. 5527
practice of medical technology profession
II. Expound the significance of continuing SECTION 26
professional education REINSTATEMENT, REISSUE OR REPLACEMENT
OF CERTIFICATES
The Board may, upon application and for reason deemed
SOME ISSUES AND CONCERNS IN THE PRC INCLUDE proper and sufficient, reissue any revoked registration
THE: certificate. The suspension of a certificate of registration shall
● coverage and scope of examination be automatically lifted upon the expiration of the period of
● issuance of license certificates suspension and said certificate shall be re-issued to the
● revocation of licenses medical technologist concerned upon request without prejudice
● torts and negligence in professional practices to further actions by the Board for violation of the provisions of
malpractices this Act or conditions imposed by the Board upon the medical
● other requirements set for applying as board of technologist during the period of suspension.
examiners,
● procedure of making corrections in the examination
INHIBITIONS AGAINTS THE MEDICAL TECHNOLOGY
ratings
PRACTICE
Depending of the gravity of offense committed, other issues
and concerns include administrative procedure, period of SECTION 14
investigation, procedure of making an appeal procedure of
INHIBITION AGAINST THE PRACTICE OF
applying foreign reciprocity, and period of setting disputes in
MEDICAL TECHNOLOGY
work-related cases
No person shall practice or offer to practice medical
technology as defined in this Act without having previously
ADMINISTRATIVE INVESTIGATION OF PRC obtained a valid certificate of registration from the Board
This is included in R.A. 5527, some of the provisions are stated provided that registration shall not be required of the
below: following:
a. Duly registered physicians
SECTION 24 b. Medical technologists from other countries called in
for consultation or as visiting or exchange professors
ADMINISTRATIVE INVESTIGATION-REVOCATION OR to colleges or universities: Provided. That they are
SUSPENSION OF CERTIFICATES only practicing the said function
Administrative investigations shall be conducted by: c. Medical technologists in the service of the United
▪ at least two members of the Board with States Armed Forces stationed in the Philippines
▪ one legal officer sitting during the investigation. rendering services as such for members of the said
forces only.
The existing rules of evidence shall be observed during all
administrative proceedings the respondents shall be entitled to
CONTINUING PROFESSIONAL EDUCATION
be represented by counsel or be heard in person, to have a
speedy and public hearing witnesses against him or her, and to
all other rights guaranteed by the Constitution to confront and EXECUTIVE ORDER NO. 266
cross-examine witness against him or her, and to all other institutionalized the Continuing Professional Education
rights guaranteed by the constitution. (CPE) programs for various Professional Regulation Bounds
(PRBs) under the suspension of the Professional Regulation
The Board may, after giving proper notice and hearing to the Commission. The same Executive Order consists of 5
party concerned reprimand an erring medical technologist or SECTIONS including the effectivity clause it took effect on
revoke or suspend his certificate of registration for the JULY 25, 1995
causes mentioned in the next preceding section or for causes
enumerated in section twenty-nine (29) of this Act: As stated, CPE – is the mandatory requirement for the
▪ unprofessional conduct renewal of a professional license EO. No. 266 empowers the
▪ malpractice FRC to adopt policies on CPE programs that can enhance and
▪ incompetency maintain high professional, technical, and ethical standards in
▪ serious ignorance or gross negligence practice of the profession for implementation by the respective
PRBS
No penalty of revocation shall be imposed unless there is a
UNANIMOUS VOTE of all the three members of the Board. As mandated in the same EO No. 266, the professionals who
The Board may by majority vote, impose the penalty of undertake the CPE program are enabled not only to upgrade
reprimand for suspension, the latter however not to exceed two As mandated or improve their technical knowledge and
years. skills but also to keep them abreast with modern trends and
technology in their respective professions, thereby assuring the
When the penalty of suspension or revocation is imposed by rendition of highly qualitative professional service/s that will be
the Board the Medical Technologist shall be required to globally competitive under the General Agreement on
surrender his certificate of registration within thirty days after Trade in Services (GATS) and at the same time securing the
the decision becomes final under the pain of perpetual safety and protection of the public;
disqualification from the practice of medical technology in the
Philippines for inexcusable failure to do so. The suspension The confidence and patronage of the public in a professional
shall run from the date of such surrender. depend upon his/her competence and the quality of service
rendered resulting from his/her acquisition of updated technical
knowledge and skill.

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1
MODULE 8: CLINICAL LABORATORY
AND ITS LAWS

2. Secondary Category
OUTLINE - Provide minimum service capabilities of a
I. Classify the clinical laboratories in the primary category laboratory plus:
Philippines • Routine Chemistry
II. Explain the various aspects of managing. • Cross – matching
Teaching, and training in clinical laboratories • Gram staining
III. Classify clinical laboratories in the Philippines • KOH preparations
IV. Explain the various aspects of managing,
3. Tertiary Category
teaching, and training in clinical laboratories
- Provides the minimum service capabilities of
secondary category plus:
• Special Chemistry Procedures
CLASSIFICATION OF CLINICAL LABORATORIES IN THE • Special Hematology including:
PHILIPPINES coagulation procedures,
Under Administrative Order No. 2007 – 0027 of revised rules immunohematology and culture,
and regulations governing the licensing and regulation of and sensitivity procedures.
clinical laboratories in the Philippines, clinical laboratories can
be classified based on – ownership, institutional character, WORLD HEALTH ORGANIZATION CLASSIFICATION
and service capability OF LABORATORIES BASED ON BIOSAFETY LEVEL

CLASSIFICATION BASED ON OWNERSHIP BIOSAFETY LEVEL 1


▪ Clinical laboratories may be considered government- ▪ Handle organisms considered by WHO as
owned or private. Risk Group 1
▪ Personnel who work in a Biosafety Level 1
o Government Owned – those which are Laboratories are expected to wear the Standard
maintained, partially or wholly by either the Personal Protective Equipment such as: mask,
national or local government gloves, and laboratory gowns
o Private Laboratories – are established,
operated, and maintained by an individual, BIOSAFETY LEVEL 2
corporation, or association without any
▪ Laboratories that handle a broad spectrum of
affinity with the government.
moderate – risk agents or Risk Group 2
▪ Personnel working in this laboratory normally process
CLASSIFICATION BASED ON FUNCTION human derived specimens such as:
1. Clinical Pathology includes: • Blood
• Clinical Chemistry • Body fluids
• Hematology • Tissues
• Immunohematology
• Some extent, human cell lines in which
• Microbiology
organism causing disease is unknown
• Immunology
• Clinical Microscopy ▪ Aside from wearing PPE the personnel have
• Endocrinology secondary barriers: such as a sink, waste
• Molecular Biology decontamination facilities such as an AUTOCLAVE –
• Cytogenetics reduce the transmission of biohazard waste, and a
• Toxicology biosafety cabinet.
• Therapeutic Drug Monitoring and other similar
discipline BIOSAFETY LEVEL 3
2. Anatomic Pathology includes: ▪ These laboratories handle Risk Group 3 organisms
• Surgical Pathology that are considered indigenous or exotic agents
• Immunohistopathology with the potential to be transmitted via respiratory
• Cytology
routes.
• Autopsy
• Forensic Pathology ▪ All procedures should be done in a biosafety cabinet
• Molecular Pathology with a gas – tight aerosol generation chamber
▪ Access to the laboratory is controlled to prevent
CLASSIFICATION BASED ON INSTITUTIONAL potentially infectious aerosols from escaping the
CHARACTER environment
INSTITUTION – BASED CLINICAL LABORATORY
▪ a laboratory that operates within the premises and as BIOSAFETY LEVEL 4
a part of an institution such as: hospital, clinic, ▪ Laboratories that handle very dangerous and exotic
school, or a medical facility. agents that can be transmitted through the air, have
no available vaccine or therapeutic cure.
Example:
▪ Personnel working in this classification are required to
• Hi – Precision Diagnostics Laboratory is Free
Standing Laboratory, while… wear: full body and air – supplied positive – pressure
suits.
• Department of Pathology of the National Kidney and
Transplant Institute is Institute – based laboratory ▪ This Laboratory is provided with a specialized
ventilation and waste management system
CLASSIFICATION BASED ON ▪ Facility operates in a separate building
SERVICE CAPABILITY
1. Primary Category RISK GROUPS AND DESCRIPTIONS
- Provides the minimum service capability: RISK GROUP Agents that are not o Bacillus Subtilis
• Routine Hematology 1 associated with o Escherichia Coli
• Urinalysis diseases in healthy K12
• Fecalysis adult humans o Adeno –
• Blood Typing associated virus
(AAV)

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 1

RISK GROUP Agents that are o Staphylococcus No license shall be granted or renewed by the Secretary of
2 associated with Aureus Health for the operation and maintenance of a clinical
diseases that are o Salmonella sp laboratory unless such laboratory is under the administration,
rarely serious o Herpes simplex
Preventive or virus
o Adenovirus
direction and supervision of an authorized physician as
therapeutic provided for in the preceding paragraph.
interventions are often
available
SECTION 3:
RISK GROUP Agents that are o Mycobacterium The Secretary of Health, through the Bureau of Research and
3 associated with Tuberculosis Laboratories shall be charged with the responsibility of
serious or lethal o Bacillus Anthracis strictly enforcing the provisions of this Act and shall be
human disease o HIV authorized to issue such rules and regulations as may be
Preventive or necessary to carry out its provisions.
therapeutic
interventions may be SECTION 4:
available
Any person, firm or corporation who violates any
RISK GROUP Agents that are likely o Ebola Virus provisions of this Act or the rules and regulations issued
4 to cause serious o Marburg Virus thereunder by the Secretary of Health shall be punished with
lethal human o Lassa Virus imprisonment for not less than one month but not more
diseases than one year, or by a FINE of not less than one thousand
Preventive or pesos nor more than five thousand pesos, or both such fine
therapeutic and imprisonment, at the discretion of the court.
interventions are not
usually available SECTION 5:
If any section or part of this Act shall be adjudged by any court
MODULE BASED: of competent jurisdiction to be invalid, the judgment shall not
PERTINENT LAWS affect, impair, or invalidate the remainder thereof.

A.O. NO. 2007 – 0027 SECTION 6:


CLINICAL LABORATORY STAFF The sum of FIFTY THOUSAND PESOS, or so much thereof as
▪ Under Administrative Order No. 2007-0027 of the may be necessary, is hereby authorized to be appropriated, out
revised rules and regulations governing the licensing of any funds in the National Treasury not otherwise
and regulation of clinical laboratories in the appropriated, to carry into effect the provisions of this Act.
Philippines, a clinical laboratory should be headed by:
• a registered medical technologist and SECTION 7:
• managed by a pathologist (clinical or All Acts or parts of Acts which are inconsistent with the
anatomical pathologist) who is duly certified provisions of this Act are hereby repealed.
by the PHILIPPINE BOARD OF
PATHOLOGY. COMMENTARIES ON SELECTED ADMINISTRATIVE
▪ The number of medical technologist staff in a ORDER AND PRESIDENTIAL DECREES
laboratory depends on the workload and the services REPUBLIC ACT NO. 4688
provided by the establishment
▪ EIGHT ARTICLES are incorporated in RA 4688,
which summarily provides the basis of operating
R.A. NO. 4688 and maintaining clinical laboratories in the
CLINICAL LABORATORY ACT OF 1966 Philippines.
▪ Also known as the Clinical Laboratory Act of 1966, ▪ The provisions reiterate the need to comply with the
Republic Act No. 4688 was approved on requirements in operating and maintaining a clinical
– June 18, 1966. laboratory and with the rules and regulations enforced
by the Secretary of Health through the Bureau of
▪ The Act was put into effect to regulate the operation Research and Laboratories (BRL) Violations of the
and maintenance of clinical laboratories and to require provisions are subject to the penalty imposed by
their registration with the Department of Health, the SECRETARY OF HEALTH through the BRL
providing the penalty for the violation thereof and ▪ Any person, firm, or company that desires to
other purposes. supervise a clinical laboratory must meet the
qualifications set by the Secretary of Health through
LISTED BELOW ARE THE PERTINENT the BRL.
SECTIONS OF R.A. 4688 ▪ The sum of Php 50 000 is appropriated out of the
funds available in the National Treasury or in
SECTION 1: carrying into effect the provisions of this Act.
Any person, firm or corporation, operating and maintaining a
clinical laboratory in which body fluids, tissues, secretions, ADMINISTRATIVE ORDER NO. 201, S. 1973
excretions and radioactivity from beings or animals are
analyzed for the determination of the presence of pathologic ▪ A.O. No. 201 s. 1973 was approved by – Dr.
organisms, processes and/or conditions in the persons or Clemente Gatmaitan
animals from which they were obtained, shall register and ▪ It consists of 24 sections and is issued for the
secure a license annually at the office of the Secretary of purpose of – governing rules and regulations on
Health: Provided, that government hospital laboratories registration, operation, and maintenance of Clinical
doing routine or minimum laboratory examinations shall be Laboratories in the Philippines (as stated in Section 1
exempt from the provisions of this section if their services and pursuant P.D. 4688)
are extensions of government regional or central laboratories.
SECTION 3:
SECTION 2: BASIC LICENSURE REQUIREMENTS
It shall be unlawful for any person to be professionally in- Any person, firm, or corporation desiring to establish or operate
charge of a registered clinical laboratory unless he is a and maintain a clinical laboratory shall submit to the Secretary
licensed physician duly qualified in laboratory medicine and of Health, thru the Bureau of Research and Laboratories, a
authorized by the Secretary of Health, such authorization to be sworn petition/application, said form prepared and adopted
renewed annually. therefore, and containing among others the following data:

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1. The name, citizenship and domicile of the head of the ANATOMICAL PATHOOGY
laboratory; • Surgical Pathology
2. The place, municipality and province where it is to be • cytology and post–mortem examination
established;
3. The name of establishment FORENSIC PATHOLOGY
4. The name, citizenship and domicile of the owner • Includes all medico–legal examination
5. Scope and nature of work to be undertaken (see
Section 11–c) B. “Head,” “Chief,” “Director” or “In–charge” of the
6. Statement that applicant has complied with all laboratory should be a duly licensed physician and
business requirements under other existing laws or registered with the Medical Board Examiners of the
ordinances that are necessary in pursuance of the Philippines, and qualified in laboratory medicine by
activity for which a license is herein applied for having been certified by the Philippine Board of
7. A tax clearance for the preceding year Pathology, either in Anatomical Pathology, Clinical
Pathology or both; provided that in some areas where
If the applicant is a partnership or corporation, it must be there are NO PATHOLOGISTS, the laboratory may be
duly registered under existing laws, and that a copy of its supervised by a licensed physician with training in
registration papers to be attached to the corresponding laboratory medicine as the Director of the Bureau of
petition. Research and Laboratories may consider sufficiently
adequate depending on the activities performed, and
An inspector of the Bureau of Research and Laboratories that he is authorized by the Secretary of Health as
shall, upon receipt of said application inspect within 60 days head or in–charge of such laboratory.
the establishment and verify if the applicant has complied with
the requirements prescribed in these regulations. C. PERSONNEL
The license will henceforth be issued, signed and approved by ▪ Associate Pathologist
the Secretary of Health, if the application is found to be - a licensed physician and qualified in
meritorious; otherwise, the same shall be returned without laboratory medicine a certified by
action. the Philippine Board of Pathology
either in Anatomical Pathology,
SECTION 4: Clinical Pathology or both who is
LICENCE FEES under the direct supervision of the
▪ A fee of ONE HUNDRED PESOS shall be charged for Head, Chief, Director or In–
every license issued to open and operate a clinical Charge of a clinical laboratory.
laboratory, payable to the Bureau of Research and ▪ Pathology Assistant
Laboratories. - a duly licensed physician and
▪ This license shall be subject to renewal within the last registered with the Philippine Board
(2) months of each year upon payment of a renewal of Examiners, with at least one (1)
fee of fifty pesos (P50.00). year training in laboratory
medicine, and who shall be under
▪ A grace period of (2) month is allowed for renewal
the direct supervision of the head.
subject to a fine of ten pesos. Thereafter the license
will be considered to have lapsed and new license ▪ Medical Technologist
shall apply for. All government laboratories are - must be a licensed Medical
exempted from paying these fees. Technologist duly registered in the
Board of Examiners for Medical
SECTION 5: Technology who shall be directly
▪ NO Clinical Laboratory is allowed to operate without under supervision of a registered
the proper license from the Secretary of Health thru Pathologist, or a licensed
the Bureau of Research and Laboratories who are physician authorized by the
charged with the responsibility of strictly enforcing the Secretary of Health as head of the
provisions of Republic Act No. 4688 and the Rules laboratory in places where there are
herein promulgated. no Pathologist.
▪ Laboratory Technicians
SECTION 6: - must have completed at least two
▪ NO person is permitted to manage, administer or years of college work with at least
supervise a clinical laboratory unless he is 12 units of laboratory subjects,
physician, licensed and duly registered with the and one year of training in an
Board of Medical Examiners of the Republic of the accredited laboratory; or without
Philippines, qualified in laboratory medicine as college work but with at least ten
stipulated in Section 7 (b) and duly authorized by the years training and experience in a
Secretary of Health, such authorization to be renewed duly approved clinical laboratory.
annually. This authorization shall be exempted of any The laboratory technicians will be
fees. under the supervision of the
medical technologists and under the
SECTION 7: over– all supervision of the head of
DEFINITION OF TERMS the laboratory or his associate or
A. The term “Clinical Laboratories” shall mean to assistant.
include any or all of the following: ▪ Laboratory aides
▪ Clinical Pathology - should be at least high school
▪ Anatomical Pathology graduates and who shall assist the
▪ Forensic Pathology medical technologists or laboratory
technicians but whose activities
Clinical Pathology should be limited to non–technician
• Clinical Chemistry procedures.
• Hematology
• Microbiology ▪ “Equivalents” as used in Section 11
• Clinical Microscopy - this refers to equipment, supplies
• Serology and materials being used in the
• Immunohematology performance of a laboratory
• Blood Banking examination which are not the
• Radioisotope Laboratory same as those specified but could
• Endocrine Laboratory serve the purpose as well.

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SECTION 8: 3. Adequate physical provisions for the


INTERPRETATIONS safety of the laboratory personnel must be
▪ Except as specifically authorized by the Secretary of provided for especially considering
Health in writing, no interpretation of the meaning of exposure to contamination to infectious
the regulations or its part by any officer or employee materials and obnoxious gases as well as
of the Office of the Secretary of Health other than a dangers due to inflammable reagents and
written interpretation by the Secretary of Justice will fires or radioisotope substances.
be recognized to be binding upon the Secretary of 4. If needed, provisions must be made for
Health sleeping quarters separate form laboratory
area.
SECTION 9: 5. Laboratory space cannot be utilized as
▪ Application for license shall be filed by the owner of bleeding area or reception rooms for a blood
his duly authorized representatives in a form “Petition bank.
to Establish, Operate and Maintain a Clinical
Laboratory” together with the “Information Sheet” to C. MINIMUM EQUIPMENT AND APPARATUSES
be filled by the Physician–In–Charge, prepared for
the purpose, with the Bureau of Research and Basic equipment – all clinical laboratories in order to
Laboratories for the necessary screening and be given a license must at least be provided with the
approval. Each petition shall be signed under oath following equipment:
on affirmation by the applicant or a person duly
authorized to act for and in his behalf. a. For Clinical Laboratories doing only
routine examinations of stool, urine, blood,
SECTION 10: sputum and other body fluids, blood grouping
TERMS AND CONDITIONS OF LICENSE and matching, the following equipment or
▪ Neither the license shall be assigned or otherwise their equivalents are required:
transferred to an authorize party in violation of the • Microscope with oil immersion lens and
substage lamp
provisions of these regulations.
• Centrifuge, clinical
▪ Any owner, administration or any clinical laboratory
• Hemocytometer
desiring to transfer the physical location of his • Hemoglobinometer
registered clinical laboratory to another place should • Urinalysis set
inform in writing the Bureau of Research and • Burner
Laboratories within 15 days after transfer has been • Stop watch
completed. • Supplies as may be required including
▪ His laboratory in its new location shall be subject to glassware and reagents
reinspection and should comply with these rules.
Any change in ownership or change in head of the b. If Chemistry Examination is done, the
laboratory shall likewise be reported within 15 days following equipment or their equivalents are
in writing by the persons concerned to the Bureau of required:
Research and Laboratories for notation and approval, • Photometer or Spectrophotometer
failure to do so automatically revoke the license of the • Burner
clinical laboratory. • Water bath
• Clinical sterilizer
SECTION 11: • Small drying oven
REQUIREMENTS FOR CLINICAL LABORATORY • Refrigerator
• Interval timer
A. PERSONNEL • Balances, analytical and rough
Clinical Laboratories shall be under the direction and • Supplies as may be required including
supervision of the head of the laboratory. The glassware, reagents and standards
employment of associate pathologists, pathology
assistants, medical technologists, laboratory c. If Pathological Examinations are done, the
technicians and laboratory aides are optional to the following additional equipment or their
head of the laboratory; its number should depend on equivalents are required:
the needs and services of the laboratory. However, a • Autoclave
clinical laboratory must employ at least one (1) • Incubator
medical technologist. • Hot air oven
• Centrifuge
A pathologist maybe authorized to manage and • Microscope
supervise and/or be an associate pathologist NOT • Water bath
more than four (4) clinical laboratories and/or blood • Burner
banks contiguously located in the particular area. In • pH meter
localities without qualified pathologists, a licensed • Balances
physician as authorize under Section 7–b may head • Supplies as may be required including
only one (1) clinical laboratory. glassware

B. PHYSICAL PLANT d. If Serological Examinations are done, the


1. A clinical laboratory should be situated in a following equipment or their equivalents are
place separate from any commercial or required:
non–medical establishment or residential • Water bath – 37 and 56 degrees
quarters. It should be housed in a centigrade
• Refrigerator
permanent building constructed of strong
• Clinical instrument sterilizer
materials, preferably concrete or semi –
• Centrifuge
concrete, tiled or linoleum finish. • Interval timer
2. The working space of the clinical laboratory • VDRL Rotator
of a hospital must correlate with the bed • Supplies as may be required including
capacity and type of hospital it serves as glassware
well as the services it offers to support the
needs of the medical care of the confined e. If Pathological Examinations are done, the
and out–patients of the hospital. following additional equipment or their
equivalents are required:
• Microtome set
• Microscope

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• Paraffin oven records. Records of anatomic and forensic pathology


• Staining dishes should be kept PERMANENTLY in the laboratory.
• Water bath
• Interval timer SECTION 14
• Supplies including glassware, reagents
LABORATORY FEES
and stains as may be required
▪ The rate of laboratory fees to be charges by clinical
Clinical laboratories that will undertake examinations other laboratory for examination shall be within the range
than those mentioned above but either than blood bank shall of the usual fees prevailing at the time and
consult with the Bureau of Research and Laboratories which particular place taking into consideration costs of
shall prescribe the minimum requirements thereof. production and quality control of various laboratory
procedures. Professional services rendered to the
Depending on the nature and scope of the work to be patient in the performance of special procedure of
undertaken as grouped below, the places of equipment and examination shall be treated separately and not
apparatus needed should be adequate to perform or all of the included in the laboratory fee.
following:
SECTION 15
a. Routine test which includes Urinalysis, Blood count, PUBLICITY
feces, blood grouping and matching ▪ Publicity of approved laboratory should be within the
b. Routine blood chemistry which includes sugar, normal, ethical and professional concepts of
NPN, creatinine, urea, nitrogen, uric acid, cholesterol, acceptable medical practice.
bilirubin, serum protein (quantitative) and special ▪ Only the name of the laboratory, address, telephone
hematology number of the laboratory, pathologists and assistants
and field of work covered by the licensure shall
c. Special biochemistry and serology which includes appear on the letterhead and other information media.
electrolytes, steroids, enzymes, hormones, Widal, ▪ Advertising matter should be directed exclusively
Khan, Kolmer and VDRL to physician through recognized professional bulletins
d. Bacteriology which includes smear and culture of or medical journals.
blood, urine, sputum, vaginal and conjunctival ▪ NO laboratory shall make advertisement on medical
secretions pad, fictitious and unproven claim misleading
e. Mycology which includes smears and cultures from statements and to advocate directly or by any means
clinical materials for isolation and identification of of subterfuge unreliable and inconclusive laboratory
pathogenic fungi procedures which may prove detriment to patient
care.
f. Parasitology which includes protozoal and zoological
diagnosis – detection and determination of different SECTION 16
species, genus, family and habitat of parasite EXHIBITION OF CERTIFICATE OF APPROVAL AND
g. Anatomic pathology which includes gross and LICENSE AND RULES AND REGULATIONS
microscopic examination of pathologic specimens and ▪ The license of the clinical laboratory must be placed in
necrosis; preparation of paraffin and frozen section a conspicuous place within the laboratory. The
and pathological specimens and cytology physician–in–charge must likewise place his or her
h. Radioisotope examinations including determination license and authority together with his certificate of
of RAI and other isotope compounds, tracing and proficiency in the specialty in a prominent place in the
scanning of body organs, etc. laboratory. A copy of the rules and regulations should
be readily available for guidance of all staff and
The permits issued will clearly state the services authorized to personnel in the laboratory.
operate or if limited service, authorized specific tests allowed
be specified. SECTION 17
EXPIRATION
SECTION 12: ▪ Each specific license shall expire on the last day of
REPORTING December of the year stated therein, including the
▪ All laboratory requests shall be considered as authorization given to the Head, Director or
consultations between the requesting physician and Physician–in–charge of the clinical laboratory.
the pathologist of the laboratory.
▪ As such all-laboratory reports on various SECTION 18
examinations of human specimens shall be construed RENEWAL
as consultations. ▪ Application for renewal of license shall be filed in
▪ NO person working in an approved clinical laboratory accordance with the preceding Section 3 and 4. The
shall issue a report, orally or in writing or portions Bureau of Research and Laboratories shall process
thereof WITHOUT the actual signature of the applications for license or renewal immediately
Pathologist of his authorized associate or assistants, upon receipt thereof, provided, however, that such
to the requesting physician or his authorized clinical laboratory may continue operation during the
representative except in emergencies when the pendency of the final action of their applications
results may be released as authorized by the unless otherwise or ordered or advised by the
Pathologist. Secretary of Health to cease operation.

SECTION 13 SECTION 19
RECORDING INSPECTION
▪ An adequate and effective system of recording all ▪ It shall be the duty of the Secretary of Health or his
requests and reports of all human specimens representative to conduct periodical inspection of
submitted to and examined in the laboratory should clinical laboratories
be maintained to include provisions for filing, storage,
indexing and accession number in addition to patient’s 1. Each license shall give the Secretary of
▪ Personal and clinical information to prevent Health or his duly authorized representatives
erroneous reporting and permit ready identification 2. the opportunity at all reasonable time to
and retrieving. inspect the premises and facilities of the
▪ All requests and reports in clinical laboratory shall be clinical laboratory
kept on file for at least one year provided a 3. Each license shall make available all records
duplicate copy is on file for the patient’s medical kept him pursuant to those regulations for

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inspection by the Secretary of Health of his ADMINSITRATIVE ORDER NO. 58, S. 1986
authorized representatives.
▪ ▪ A.O. No. 59 s 2001 implements provisions regarding
4. Directors of Regional Health Office, the rules and regulations on the operation,
Provincial, city or municipal Health Officers maintenance, and establishment of clinical
are required to report the existence of laboratories in the Philippines. It includes provision on
unlicensed clinical laboratories, and/or authority and states that: These rules and regulations
violations of these rules to the Bureau of are issued to implement R.A 4688. Clinical
Research and Laboratories. Laboratory Law consistent with E.O. 102 s. 1999
▪ Redirecting the Functions and Operations of the
SECTION 20
Department of Health. The DOH, through the Bureau
QUALITY CONTROL TEST
of Health Facilities and Services (BHFS) in the
▪ The Director of the Bureau of Research and Health Regulation Cluster, shall exercise the
Laboratories or his representative is hereby regulatory functions under these rules and
authorized to conduct such quality control tests regulations.
as he deems appropriate or necessary for the
administration of these regulations for the control of ▪ Sections 4, 5, and 6 – pertain to the purpose, scope,
and classification of clinical laboratories which are
operation.
classified into functions and service.
SECTION 21 SECTION 7 – provides the requirements
MODIFICATION AND REVOCATION OF LICENSES and procedures in applying for a clinical
▪ The terms and conditions of each license shall be laboratory license Section and discusses the
subject to amendment for modification by means violations of some provisions.
of amendments to these regulations as the Secretary SECTION 9 – covers the investigation of
of Health may deem fit to suit. complaints and some cases related to a
▪ Any license may be revoked, suspended or modified clinical laboratory permit to operate.
in full or in part from any materially false statement SECTION 10 – prescribes the revocation
of the applicant, or as shown by the record of of a license if there is a gross violation of
inspection which will serve as basis for the Secretary any of the provisions. The remaining sections
of Health to refuse issuance of license on an original include the repealing clause, publication of
application or for violation of, or failure to observe any the list of licensed clinical laboratories, and
of the terms and provisions of these regulation. effectivity clause
▪ Except in cases of willful or repeated violation
hereof or where public health interest or safety RECLEC BASED
requires otherwise, no license shall be modified, CLINICAL LABORATORY LAW
suspended, or revoked unless prior notice has been ▪ The primary purpose of a clinical laboratory is to be
made and the corresponding investigation conducted. able to determine the character and quality of the
various chemical substances in the blood and other
SECTION 22 body fluids, tissues, secretions and excretions
INVESTIGATION OF CHARGES OR COMPLAINT ▪ R.A 4688 known as Clinical Laboratory Law of 1966
▪ Upon the filling of a complaint or charges duly sworn which was approved on – June 18, 1966 was
by any person interested party or corporation, against promulgated for the purpose of preventing the
a clinical laboratory or any of its personnel to the operation and maintenance of substandard improperly
effect that one or more of such personnel of an managed and poorly equipped clinical laboratories
approved laboratory have violated or are violating
R.A. No. 4688 or the provisions of these regulations, ADMINISTRATIVE ORDER NO. 2007 – 0027
the Secretary of Health or his duly authorized
representatives shall investigate the complaint or (Revised Rules and Regulation Governing the Licensure and
charge and verify if the laboratory concerned or Regulation of Clinical Laboratories in the Philippines)
any of its personnel is guilty of the charges. If
upon investigations, a person or persons are found RATIONALE
violating the provision of R.A. No. 4688 or any of ▪ This section highlights the importance of regulatory
these regulations, the Secretary of Health shall reforms in the health sector, specifically focusing on
cancel or revoke for a definite or indefinite period the need to ensure access to quality and affordable
of time the license of the laboratory and the health products and services.
authority of the offending person or persons, ▪ The revision is driven by advancements in technology,
without prejudice to taking the case to judicial emphasizing the significance of accurate laboratory
authorities for criminal action. results for patient care

SECTION 23 OBJETCIVE
VIOLATIONS ▪ The primary goal of the order is to establish a
▪ Any person who violated any provisions of these revised minimum standard for clinical laboratories
rules and regulations shall be punished with to ensure accuracy and precision in laboratory
imprisonment for not less than one month but not examinations, thereby safeguarding public health and
more than one year or a fine of not less than one safety
month but not more than one year or a fine of not
less than one thousand pesos (P 1,000.00) but not SCOPE AND COVERAGE
more than five thousand (P5,000.00) pesos, or both
▪ The order applies to individuals, agencies,
such fine and imprisonment at the discretion of the
court. Provided, however, that if the offender is a firm partnerships, or corporations operating clinical
laboratories in the Philippines. It encompasses the
or corporation, the managing head and/or owner
examination and analysis of various samples from the
thereof shall be liable to the penalty imposed herein.
human body for disease prevention, diagnosis,
SECTION 24 treatment, and the promotion of personal and public
health
EFFECTIVITY

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DEFINITION OF TERMS
▪ LICENSE
▪ APPLICANT - document issued by the DOH to an
- natural or juridical person who intends to individual, agency, partnership or corporation
operate a clinical laboratory that operates a clinical laboratory upon
▪ BHFS compliance with the requirements set forth in
- acronym for the Bureau of Health Facilities this order
and Services ▪ LICENSEE
▪ CHD - the individual, agency, partnership or
- Center for Health Development corporation to whom the license is issued
and upon who rests compliance with this
▪ CLINICAL LABORATORY order
- facility where tests are done on specimens
form the human body to obtain information ▪ LTO
about the health status of a patient for the - License To Operate
prevention, diagnosis, and treatment of - Also refers to the license
diseases. ▪ MOBILE CLINICAL LABORATORY
- These tests include, but are not limited to - laboratory testing unit that moves from
the ff disciplines: testing site to another testing site, or has a
o Clinical Chemistry
temporary testing location. It shall have a
o Hematology
o Immunohematology
base laboratory
o Microbiology ▪ MONITORING EXAMINATIONS
o Immunology - tests done in series on patients as a guide
o Clinical Microscopy
o Histopathology
for treatment or follow – up of their condition
o Cytology ▪ NRL
o Toxicology - National Reference Laboratory
o Endocrinology
o Molecular Biology
- A laboratory in a government hospital
o Cytogenetics which has been designated by the DOH to
provide special functions and services such
- Other functions of the clinical laboratory are as confirmatory testing, surveillance,
to provide consultative advisory services resolution of conflicting results between or
covering all aspect of laboratory among laboratories.
investigations. - An NRL may not be part of a general clinical
- Facilities that are involved in the pre – laboratory
analytical processes, such as collection, ▪ POL
handlings or preparation of specimens, or act - Physician’s Office Laboratory
as a mailing or distribution center, such as in - An individual doctor’s office / clinic wherein
a laboratory network or system are also laboratory examinations are performed
considered to be a part of a clinical
laboratory. ▪ POCT
- The total testing process includes: - Point Of Care Testing
o pre – analytical - A diagnostic testing at or near the site of
o analytical patient care rather than in the clinical
o post – analytical procedures laboratory.
- Includes bedside testing, outpatient and
▪ CRITICAL VALUES home care
- panic values originally described by
Lunderberg as “Life – Threatening” unless ▪ ROUTINE TESTS
something is done promptly and for which - the basic, commonly requested tests in
some corrective action could be undertaken the laboratory, the results of which are not
required to be released immediately upon
▪ DOH completion.
- Department of Health - Shall follow the usual procedures and
▪ EQAP system in the laboratory
- External Quality Assessment Program ▪ SATELLITE TESTING SITE
- A program where participating laboratories - any testing site that performs laboratory
are given unknown samples for analysis. examinations under the administrative
These samples are to be treated as ordinary control of a licensed laboratory, but
human specimens for the usual processing performed outside the physical confines of
and examination. that laboratory
- The quality of performance of the laboratory
shall be assessed through the closeness of ▪ STAT TESTS
its results to be pre-determined value or to - test done on urgent cases, the result of
the reference value generated by the which shall be released immediately within
participating laboratories through peer group (1) hour after the procedure.
- Abbreviation “STA’TIM” which mean –
▪ INSPECTION TOOL immediately
- checklist used by the regulatory officers
during inspection visit(s) to evaluate
CLASSIFICATION OF
compliance of a clinical laboratory to the
CLINICAL LABOPRATORIES
minimum standards and technical
requirements ▪ Outlines different classifications based on ownership,
function, institutional character, and service capability,
▪ INSTITUTION providing a structured framework for understanding
- corporate body or establishment organized the diversity of clinical laboratories
for an educational, medical, charitable or
similar purpose

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F. Quality Assurance Program


GUIDELINES - (1) there shall be an internal quality
GENERAL GUIDELINES assurance program which shall include:
1. The LTO shall be issued only to clinical
laboratories that comply with the standards and i. An internal quality control program
technical requirements formulated by the BHFS. for technical procedure
ii. An internal quality assurance
2. Clinical laboratories that are operated and maintained
program for inputs, processes and
exclusively for research and teaching purposes shall
outputs
be exempted from the licensing requirement of
iii. A continuous quality improvement
this order but shall be required to register with the
program covering all aspects of
BHFS.
laboratory performance.
3. Special clinical laboratories that are not subject to - (2) the clinical laboratory shall participate in
the provisions of other administrative orders, such as an EQAP administered by designated NRL
but not limited to, assisted reproduction technology or in other local and international EQAP
laboratories, molecular and cellular technology, approved by the DOH
molecular biology, molecular pathology, forensic
pathology, anatomic pathology laboratories operating G. Communication and Records
independent of a clinical laboratory are required to H. Physical Facilities / Work Environment
register with the BHFS without being licensed under
the provisions of this order. Such procedure shall I. Referral of Examinations Outside of the Clinical
subsist until the appropriate regulation for such Laboratory
purpose is subsequently promulgated. A pathologist - when laboratory examinations are referred
or a licensed physician who is trained in the to and provided by an outside laboratory,
management, principles and methodology of the the head of the referring clinical laboratory
specialized services that are being provided shall shall obtain assurance of the quality of
head this type of laboratory. services provided through a memorandum of
agreement or its equivalent with a licensed
4. The NRL designated by the DOH – shall be covered clinical laboratory performing the laboratory
by the license of the clinical laboratory of the hospital services needed.
where they are respectively assigned. The NRL that
is physically independent from the clinical laboratory LTO (LICENSE TO OPERATE)
of the hospital where they are respectively assigned
shall be allowed to register only with the BHFS, A. The LTO is issued in the name of the licensee and
provided that, they are duly accredited or certified by is non-transferable, whether voluntarily and
an international accrediting or certifying body, such involuntarily, through sale, assignment or any other
as but not limited to, the center for disease control of means. The license is not valid for any
the U.S.A. and the world health organization and/or premise/location other than that which is stipulated
local accrediting or certifying body recognized by the therein.
DOH B. The LTO is issued to a clinical laboratory, unless
5. POL sooner suspended or revoked, is valid for one year
- required to secure a clinical laboratory and expires on the date set forth by the CHD, as
license when it undertakes any or all of the stipulated on the face of the license.
following activities: C. The LTO issued to a non-hospital based clinical
a. Issue official laboratory results. laboratory shall specifically stipulate the following:
b. Performance more than monitoring o name of the clinical laboratory
examinations; and o name(s) of the owner or operator
c. Caters not only to the physician’s o head of the laboratory
own patients o service capability
o period of validity
o license number and
Examinations performed in a pol shall only be o location wherein the laboratory procedures are to
permitted when they are used for monitoring patients. be performed
6. POCT, conducted in a hospital, D. The LTO issued to a non-hospital based clinical
- is required to be under the management and laboratory must be displayed at all time at a
supervision of the licensed clinical prominent place within the laboratory premises.
laboratory of the respective hospital.
E. Hospital Based Clinical Laboratories shall be
SPECIFIC GUIDELINES licensed as part of the hospital through the one-
STANDARDS stop-shop licensure for hospitals and are therefore
Every clinical laboratory shall be organized to provide quality, not required to obtain a separate license.
effective and efficient laboratory services F. The capability to perform HIV testing and/or drinking
A. Human Resource water analysis shall be specifically indicated in the
B. Equipment LTO, assisted the CHD.

C. Glassware, reagents and supplies G. The clinical laboratory and its satellite services
within the same compound shall have one (1) LTO
D. Administrative Policies and Procedures
- the clinical laboratory shall have written H. A satellite laboratory outside the premises where the
policies and procedures for the provision of central laboratory is situated shall be required to
laboratory services and for the operation and secure a separate LTO.
maintenance of the laboratory. I. Mobile Clinical Laboratories shall be licensed as
E. Technical Procedures part of the main clinical laboratory and shall be
- there shall be documented technical permitted to collect specimens only. It shall be allowed
procedures for services provided in each to operate only within one hundred (100) km radius
section of the laboratory, which will ensure from its main laboratory.
the quality of laboratory results.

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3. The licensee shall ensure the availability of all


The LTO may be revoked, suspended or modified in full or in
pertinent records for checking / review of the CHD
part for any materially false statement by the applicant, or as
Director or his authorized representatives
shown by the record of inspection or for violation of, or failure
to comply with any of the terms and conditions and provisions 4. An inspection tool, which prescribed the standards,
of these rules and regulations. criteria and technical requirements

PROCEDURAL GUIDELINES MONITORING


REGISTRATION FOR SPECIAL CLINICAL LABORATORIES, 1. All clinical laboratories shall be monitored regularly
NATIONAL REFERENCE LABORATORIES, RESEARCH
AND TEACHING LABORATORIES 2. The BHFS of the CHD Director or his authorized
representative(s) shall monitor clinical laboratories
1. Applicants can acquire the prescribed application through monitoring visits to the laboratory at any
form for registration from the BHFS, CHD that reasonable time
has jurisdiction over the existing or proposed
clinical laboratory or at the DOH website 3. All clinical laboratories shall ensure that all
(www.doh.gov.ph) laboratory records, premises and facilities are
made available to the BHFS or the CHD Director or
2. The accomplished form together with the his authorized representatives in order to determine
necessary attachments is to be submitted to the compliance with the provision of this order
BHFS or through the CHD that has jurisdiction
over the existing or proposed clinical laboratory. 4. A notice of violation for non – compliant clinical
The applicant shall be required to pay a non – laboratories shall be issued immediately after
refundable application fee for certificate of monitoring the clinical laboratory
registration upon submission of the
5. The CHD concerned shall submit a quarterly
accomplished form and documentary
summary of the violations to the BHFS stating the
requirements
name of the clinical laboratory, location, its
corresponding violation and the course of action taken
3. The BHFS shall evaluate and accept application
based on due execution of forms and 6. The provincial, city and municipal health officers are
completeness of attachments enjoined to report to the BHFS / CHD the existence of
unlicensed clinical laboratories or any private party
PROCEDURES FOR APPLICATION FOR INITIAL / performing laboratory examinations without proper
RENEWAL OF LTO license and or violations to these rules and
1. Applicants can acquire the prescribed application regulations
form for LTO from the BHFS, CHD that has
jurisdiction over the existing or proposed clinical SCHEDULE OF FEES
laboratory, or at the DOH website (www.doh.gov.ph) A. Non – refundable fee shall be charged for the initial
application / renewal of license to operate a clinical
2. The accomplished form together with the necessary laboratory, either government or private
attachments is to be submitted to the BHFS or
through the CHD that has jurisdiction over the B. All fees / checks shall be paid to the order of DOH in
existing or proposed clinical laboratory. The applicant person or through postal money order
shall be required to pay a non – refundable C. All fees, surcharges and discounts shall follow the
application fee for certificate of registration upon current DOH prescribed schedule of fees
submission of the accomplished form and
documentary requirements VIOLATIONS
3. The CHD that has jurisdiction over the existing or Violation of Republic Act 4688 or these rules and regulations
proposed clinical laboratory shall conduct inspections and/or commission of the following acts by personnel operating
in accordance with licensing requirements, as the clinical laboratory under this authority shall be penalized:
provided for under this order and the one – stop – a. Refusal of any clinical laboratory to participate in an
shop licensure system for hospitals EQAP conducted by the designated NRL or other
external proficiency program approved by the DOH;
RENEWAL OF LTO
1. Renewal of hospital based clinical laboratories shall b. Issuance of a report, orally or in writing, in whole
be in accordance with the licensing process under the or portions thereof, which is not in accordance with
one – stop – shop licensure system for hospitals the documented procedure approved by the head of
the laboratory;
2. Non – hospital based clinical laboratories shall file
applications for renewal of LTO beginning on the first c. Permitting unauthorized persons to perform
day of October until the last day of November of technical procedures;
the current year. A discount on the renewal fee shall d. Demonstrating incompetence or making
be granted if a complete application filed during this consistent errors in the performance of clinical
period. laboratory examinations and procedures;
3. Renewal of license for compliant clinical laboratories e. Deviation from the standard test procedures
shall be processed not later than (5) working days including use of expired reagents;
after the expiration date of its license
f. Reporting/release of erroneous results;
4. The LTO of a clinical laboratory shall be
automatically cancelled without notice when it fails g. Lending or using the name of the licensed clinical
to submit a duly accomplished application form and to laboratory or the head of the laboratory or medical
pay the proper fee on or before the expiration date technologist to an unlicensed clinical laboratory;
stated in its license h. Unauthorized use of the name and signature of the
pathologist and medical technologists to secure LTO;
INSPECTION
1. The CHD shall conduct an announced licensure i. Reporting a test result for a clinical specimen even if
inspection at any reasonable time the test was not actually performed;
2. The licensee shall ensure the accessibility of the j. Transferring of results of tests done in an outside
premises and facilities where the laboratory clinical laboratory to the result form of the referring
examinations are being performed for the inspection laboratory;
of the CHD Director or his authorized
representative(s) at any reasonable time

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k. Performing and reporting tests in a specialty or


subspecialty in which the laboratory is not licensed;
l. Giving and receiving any commission, bonus,
kickback or rebate or engaging in a split – fee
arrangement in any form whatsoever with any facility,
physician, organization agency or person, either
directly or indirectly, for patients referred to an clinical
laboratory licensed by the DOH.

INVESTIGATION OF COMPLAINTS
▪ The BHFS or the CHD director or his authorized
representative(s) shall investigate the complaint and
verify if the laboratory concerned or any of its
personnel is accountable for an alleged violation.
▪ The CHD director or his authorized
representative(s), after investigation, shall suspend,
cancel or revoke for a determined period of time the
LTO of licensees who are found violating the provision
of R.A. 4688 or this order, without prejudice to taking
the case to judicial authority for criminal action. The
CHD shall seek the assistance of any law
enforcement agency to execute the closure of any
erring clinical laboratory, when necessary.

PENALTY
▪ Specifies the penalties for operating a clinical
laboratory without proper licensing, emphasizing the
legal consequences for non-compliance.

APPEAL
▪ Defines the appeal process for decisions made by
the bureau of health facilities and services (BHFS) or
center for health development (CHD), providing a
mechanism for disputing decisions

REPEALING CLUASE
▪ States that provisions from previous issuances
inconsistent with the current order are rescinded
and modified accordingly.

SEPARABILITY CLUASE
▪ Ensures that if any provision of the order is declared
unauthorized or invalid unaffected provisions remain
valid and effective

EFFECTIVITY
▪ Specifies the effective date of the order, which is
fifteen (15) days after its approval and publication in
the official gazette or newspaper of general
circulation.
▪ Francisco T. Duque III, M.D., MSC Secretary of
health

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SEMESTER 2
TERM
MT LAWS MLS

L E C T U R E 𐰾 A.Y. 2023 – 2024


MODULE 9: THE PHILIPPINE AIDS PREVENTION AND
004 02
CONTROL ACT OF 1998

B. Latency Stage
OUTLINE - Virus starts to replicate inside the host’s body
I. Discuss the morphological characteristics of - Detectable through serologic tests
HIV - Px may or may not manifest symptoms
II. Define the etiology and pathogenesis of AIDS
III. Explain the modes of transmission, prevention, C. Progression to AIDS
and treatment of AIDS. - It may progress to AIDS if hasn’t undergone
IV. Describe the roles and functions of PNAC and treatment
other agencies - AIDS is final stage
V. Clarify the roles of schools and other - Drastic decrease in CD4 count is observed
institutions in campaigning for AIDS prevention making the immune system not responsive
and treatment - Symptoms:
VI. Enumerate the provisions mandated by R.A. I. Rapid weight loss
8504 II. Recurring fever or profuse night sweats
VII. Point the difference between R.A. 8504 and III. Extreme and unexplained tiredness
IV. Diarrhea lasting for a month
R.A. 11166 V. Pneumonia
VI. Memory loss, depression, and other
neurological disorder
HUMAN IMMUNODEFICIENCY VIRUS VII. Sores in the mouth (candidiasis), anus,
or genitals.
▪ From a family of virus called – retroviruses
▪ Causative agent of a unique disorder called as – AIDS COUNCIL AND AGENCY
Acquired Immune Deficiency Syndrome (AIDS) ▪ Philippine National Aids Council (PNAC)
▪ Infects CD4 cells commonly known as – Helper T - Created in December 1992 through EO No.
cells 39

▪ Has 3 enzymes contributing to its virulence: ROLES OF EDUCATIONAL INSTITUTIONS


o Reverse Transcriptase AND OTHER AGENCIES IN AIDS AWARENESS
o Integrase
- Focused on educational counseling and health
o Protease
informative advisory
▪ Glycoprotein: gp120 and gp41 - In Educational Counseling – it can be discussed
with the public through teachings (seminars and
▪ Has a period of latency of 6 months to several years trainings)
- Early detection of AIDS is necessary for immediate
TRANSMISSION AND SYMPTOMS OF AIDS treatment
▪ Human Immunodeficiency Virus
- is considered as a fragile virus 1. Confidentiality of Results
- cannot survive outside the host cell - HIV-related medical records should not be
- Transmission: disclosed, except to the healthcare providers
o Semen
o Vaginal fluid 2. Informed consent for HIV testing
o Blood - Most hospital follow this protocol
o Breastmilk - Many states in US allow testing of px without
permission after significant exposure of
- Possible Causes of Transmission:
emergency response workers or healthcare
o Sharing needles by drug addicts
o Blood transfusion of infected blood providers
products 3. Pre – Natal HIV Testing
o Accidental skin puncture
- Done for the early detection of HIV infection
- Not a Possible Transmission: due to vertical transmission.
o Hugging and massage
o Masturbation
o Dry kissing
o Living daily with someone with HIV (if no ETHICAL CONSIDRATIONS AND MORAL ISSUES
intimate contact) ▪ Most important principles in bioethics include:
o Respect for Persons
- Although the virus is present in other
- Signifies respecting the decisions
secretions such as: tears, feces, and sweat –
of others and protecting those who
the viral load isn’t enough to cause infection
lack the decision-making capacity
▪ Sexual Contact o Beneficence
- Most common transmission of HIV - Involve obligation to impose
positive acts in the best interest of
STAGES OF AIDS px.
A. Early Stage – (2-4 weeks after initial infection) o Justice
- Describe as “worst flu ever” also known as - Fair treatment
– Acute Retroviral Syndrome (ARMS)
I. High fever
II. Lymphadenopathy REPUBLIC ACT 8504
III. Rash PHILIPPINE AIDS PREVENTION AND CONTROL
IV. Fatigue ACT OF 1998
V. Headache
“ An Act Promulgating Policies and Prescribing Measures for
the Prevention and Control of HIV/AIDS in the Philippines,
Instituting a Nationwide HIV?AIDS Information and Educational
Program, Establishing a Comprehensive HIV/AIDS Monitoring

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System, Strengthening the Philippine National AIDS Council c. As a prerequisite in the donation of blood in
and for other purposes “ compliance with the provisions of Republic Act No.

▪ Public Awareness 7170, otherwise known as the "Organ Donation Act


▪ Full protection of the Human Rights and civil liabilities of 1991", and Republic Act No. 7719, otherwise
▪ Safety and universal precautions known as the "National Blood Services Act of
▪ Positively address and seek to eradicate conditions 1994".
that aggravate the spread of HIV infections
▪ Participate of affected individuals SECTION 31
Mechanisms and Standards on Routine Provider-Initiated and
Approved on: February 12, 1998 Client-Initiated HIV Counseling and Testing. - To implement this
Approved by: President Fidel V. Ramos section, the DOH shall:
Mandated by: The Philippine National AIDS Council (PNAC)
a. Accredit public private HIV testing facilities based on
Created on: December 3, 1992, by EO. No. 39
capacity to deliver testing services including HIV
counseling: Provided, that only DOH-accredited HIV
REPUBLIC ACT NO. 11166 OR testing facilities shall be allowed to conduct HIV
PHILIPPINE HIV AND AIDS POLICY ACT testing;
ARTICLE IV b. Develop the guidelines for HIV counseling and testing,
SCREENING, TESTING, AND COUNSELING
including mobile HIV counseling and testing, and
routine provider-initiated HIV counseling and testing
SECTION 29 that shall ensure among others, that HIV testing is
HIV Testing – As a policy, the State shall encourage voluntary based on informed consent, is voluntary and
HIV testing. Written consent from the person taking the test confidential, is available at all times and provided by
must be obtained before HIV testing. the qualified persons and DOH-accredited providers;
HIV testing shall be made available under the following c. Accredit institutions or organizations that train HIV
circumstances: and AIDS counselors in coordination with DSWD;
a. In keeping with the principle of the evolving capacities d. Accredit competent HIV and AIDS counselors for
of the child as defined in Section 3(i) of this Act, if the persons with disability including but not limited to,
person is fifteen (15) to below eighteen (18) years of translator for the hearing-impaired and Braille for the
age, consent to voluntary HIV testing shall be visually-impaired clients, in coordination with the
obtained from the child without the need of consent National Council for Disability Affairs (NCDA);
from a parent or guardian;
b. In keeping with the mature minor doctrine as defined e. Set the standards for HIV counseling and shall work
in Section 3(bb) of this Act, any young person aged closely with HIV and AIDS CSOs that train HIV and
below fifteen (15) who is pregnant or engaged in AIDS counselors and peer educators, in coordination
high-risk behavior shall be eligible for HIV testing and and participation of NGOs, government
counseling, with the assistance of a licensed social organizations (GOs), and Civil Society
worker or health worker. Consent to voluntary HIV Organizations of PLHIV People Living with HIV
testing shall be obtained from the child without the (CSO-PLHIV); and
need of consent from a parent or guardian; and f. Ensure access to routine provider-initiated counseling
c. In all other cases not covered by (b) of this section, and testing as part of clinical are in all health care in
consent to voluntary HIV testing shall be obtained all health care settings for the public.
from the child's parent or legal guardian if the person
is below fifteen (15) years of age or is mentally All HIV testing facilities shall provide free pre-test and post-test
incapacitated. In cases when the child's parents or HIV counseling to individuals who wish to avail of HIV testing,
legal guardian cannot be located despite reasonable which shall likewise be confidential. No HIV testing shall be
efforts, or if the child's parent or legal guardian conducted without informed consent. The State shall ensure
refused to give consent of the minor shall also be that specific approaches to HIV counseling and testing are
required prior to the testing. adopted based on the nature and extent of HIV and AIDS
incidence in the country.
In every circumstance, proper counseling shall be conducted
by a social worker, a health care provider, or other health care Pre-test counseling and post-test counseling shall be done by
professional accredited by the DOH or the DSWD. the HIV and AIDS counselor, licensed social worker, licensed
health service provider for free.
HIV testing guidelines issued by the DOH shall include
guidance for testing minors and for the involvement of parents SECTION 32
or guardians in HIV testing of minors. HIV Testing for Pregnant Women – A health care provider
The State shall continually review and revise, as appropriate, who offers pre-natal medical care shall offer provider-initiated
the HIV diagnostic algorithm based on current available HIV testing for pregnant women. The DOH shall provide the
laboratory technology and evidence. necessary guidelines for healthcare providers in the conduct of
the screening procedure.
SECTION 30
Compulsory HIV Testing. Compulsory HIV testing shall be
allowed only in the following instances: AID PREVENTION AND CONTROL ACT OF 1998 AND
APPROPRIATING FUNDS
a. When it is necessary to test a person who is charges Passed by Senate and House of Representatives on:
with any of the offenses punishable under Articles October 10, 2018
264 and 266 on serious and slight physical injuries, Approved on: December 20, 2018
and Article 335 and on rape and simple seduction, Approved by: President Rodrigo Roa Duterte
both of Act No. 3815 or the "The Revised Penal
Code", as amended, and as also amended by
Republic Act. No. 8553, otherwise known as "The
Anti-Rape Law of 1997";
b. When it is necessary to resolve relevant issues under
Executive Order No. 209, otherwise known as "The
Family Code of the Philippines"; and

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ADDITIONAL FROM BOOK: determination undergone by children as they


grow up, thus requiring parents and others
R.A. 11166 charged with the responsibility for the child to
PHILIPPINE HIV AND AIDS POLICY ACT OF 2018 provide varying degrees of protection, and to
allow their participation in opportunities for
▪ The prompted lawmakers at the time to revisit and autonomous decision-making;
amend the Philippine AIDS Prevention and Control
Act of 1998 (R.A. 8504), hence the birth of the ▪ Gender Expression
Philippine HIV and AIDS Policy Act of 2018 (R.A. - refers to the way a person communicates
11166) – on December 20, 2018, singed into law by gender identity to others through behavior,
President Rodrigo Roa Duterte, which was lobbied clothing, hairstyles, communication or
by Senator Risa Hontiveros and Representative speech pattern, or body characteristics;
Kaka Bag-ao of Dignat Islands ▪ Gender Identity
- refers to the personal sense of identity as
SECTION 3: characterized, among others, by manner of
clothing, inclinations, and behavior in relation
DEFINITION OF TERMS to masculine or feminine conventions. A
▪ Acquired Immune Deficiency Syndrome (AIDS) person may have a male or female identity
- refers to a health condition where these is a with the physiological characteristics of the
deficiency of immune system that stems opposite sex;
from infection with the HIV, making an
individual susceptible to opportunistic ▪ Health Maintenance Organizations (HMO)
- refers to juridical entities legally organized
infections;
to provide or arrange for the provision of pre-
▪ Anti-retroviral Therapy (ART) agreed or designated health care services to
- refers to the treatment that stops or its enrolled members for a fixed pre-paid fee
suppresses viral replication or replications for a specified period of time;
of a retrovirus like HIV, thereby slowing down
▪ High-risk Behavior
the progression of infection;
- refers to a person's involvement in certain
▪ Bullying activities that increase the risk of
- refers to any severe or repeated use by one transmitting or acquiring HIV;
or more persons of a written, verbal or
▪ Human Immunodeficiency Virus (HIV)
electronic expression, or a physical act of
- refers to the virus, of the type called
gesture, or any combination thereof, directed
at another person that has the effect of retrovirus, which infects cells of the
actually causing or placing the latter in human immune system, and destroys or
impairs the cells' function. Infection with
reasonable fear of physical or emotional
HIV results in the progressive deterioration of
harm or damage to one's property; creating a
hostile environment for the other person; the immune system. Leading to immune
deficiency;
infringing on the rights of another person’s;
or materially and substantially disrupting the ▪ HIV Counseling
processes or orderly operation of an - refers to the interpersonal and dynamic
institution or organization; communication process between a client
▪ Civil Society Organizations (CSOs) and a trained counselor, who is bound by a
- refer to groups of nongovernmental and code of ethics and practice to resolve
noncommercial individuals or legal entities personal, social, or psychological problems
that are engaged in non-coerced collective and difficulties, and whose objective in
action around shared interests, purpose and counseling in the context of an HIV diagnosis
is to encourage the client to anxiety and
values;
stress, plan for the future (keeping healthy,
▪ Community-Based Research the context of a negative HIV test result, to
- refers to study undertaken in community encourage the client to explore motivations,
settings, which involve community members options, and skills to stay HIV-negative;
in the design and implementation of research
▪ HIV and AIDS Counselor
projects;
- refers to any individual trained by an
▪ Comprehensive Health Intervention for Key institution or organization accredited by the
Populations Department of Health (DOH) to provide
- refers to evidence-based policies, programs, counseling services on HIV and AIDS with
and approaches that aim to reduce emphasis on behavior modification;
transmission of HIV and its harmful
▪ HIV and AIDS Monitoring
consequences on health, social relations and
economic conditions; - refers to the documentation and analysis
of the number of HIV and AIDS infections
▪ Compulsory HIV Testing and the pattern of its spread;
- refers to HIV testing imposed upon an
individual characterized by lack of ▪ HIV and AIDS Prevention and Control
consent, use of force or intimidation, the use - refers to measures aimed at protecting
of testing as a prerequisite for employment non-infected persons from contracting HIV
or other purposes, and other circumstances and minimizing the impact of the condition on
persons living with HIV;
when informed choice is absent;
▪ Discrimination ▪ HIV-Negative
- refers to the absence of HIV or HIV
- refers to unfair or unjust treatment that
antibodies upon HIV testing;
distinguishes, excludes, restricts, or shows
preferences based on any ground ▪ HIV-Positive
▪ Evolving Capacities of the Child - refers to the presence of HIV infection as
- refers to the concept enshrined in Article 5 documented by the presence of HIV and HIV
of the Convention on the Rights of the antibodies in the sample being tested;
Child recognizing the developmental ▪ HIV Testing
changes and the corresponding progress in - refers to any facility-based, mobile medical
cognitive abilities and capacity for self- procedure, or community-based screening
modalities that are conducted to determine

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the presence or absence of HIV in a biomedical aspects of HIV AIDS, and


person's body. emotional support to any psychological
▪ HIV-related Testing implications of undergoing HIV testing and
- refers to any laboratory testing or the test result itself before the individual is
procedure done or an individual in relation to subjected to the test;
a person's HIV condition; ▪ Post-exposure Prophylaxis
▪ HIV Testing Facility - refers to a preventive medical treatment
- refers to any DOH accredited on-site or started immediately after exposure to
mobile testing center, hospital, clinic, pathogen (HIV) in order to prevent infection
laboratory, and other facility that has the by the pathogen and the development of the
capacity to conduct voluntary HIV counseling disease;
and HIV testing; ▪ Post-test Counseling
▪ HIV Transmission - refers to the process of providing risk-
- refers to the transfer of HIV from one reduction information and emotional
infected person to an uninfected support to a person who submitted to HIV
individual, through unprotected sexual testing at the time the result is released;
intercourse, blood transfusion, sharing of ▪ Prophylactic
contaminated intravenous needles, or which - refers to any agent or device used to
may occur during pregnancy, delivery, and prevent the transmission of an infection;
breastfeeding; ▪ Provider-initiated Counseling and Testing
▪ Informed Consent - refers to a health care provider initiating
- refers to the voluntary agreement of a HIV testing to a person practicing high-
person to undergo or be subjected to a risk behavior or vulnerable to HIV after
procedure based on full information, whether conducting HIV pre-test counseling. A person
such permission is written or conveyed may elect to decline or defer testing such
verbally; that consent is conditional;
▪ Key Affected Populations ▪ Redress
- refers to those groups or persons at higher - refers to an act of compensation for
risk of HIV exposure, or affected unfairness, grievance, and reparation;
populations whose behavior make them ▪ Safer Sex Practices
likely to be exposed to HIV or to transmit the - refers to choices made and behaviors
virus; adopted by a person to reduce or minimize
▪ Laboratory the risk of HIV transmission. These may
- refers to an area or place, including include postponing sexual debut, non-
community-based settings, where research penetrative sex, correct and consistent use
studies are being undertaken to develop of male or female condoms. And reducing
local evidence for effective HIV response; the number of sexual partners;
▪ Mature Minor Doctrine ▪ Sexually Transmitted Infections (STIs)
- refers to the legal principle that recognizes - refers to infections that are spread
the capacity of some minors to consent through the transfer of organisms from
independently to medical procedures one person to another as a result of sexual
▪ Medical Confidentiality contact;
- refers to the core duty of medical practice ▪ Sexual Orientation
where the information provided by the patient - refers to the direction of emotional, sexual
to health practitioner and his/her health attraction, or conduct towards people of
status is kept private and is not divulged to the same sex (homosexual orientation) or
third parties. towards people of both sexes (bisexual
▪ Opportunistic infections orientation) or towards people of the
- refers to illnesses caused by various opposite sex (heterosexual orientation) or to
organism, many of which do not cause the absence of sexual attraction (asexual
diseases in persons with healthy immune orientation);
system; ▪ Social Protection
▪ Partner Notification - refers to a set of policies and programs
- refers to the process by which the "index designed to reduce poverty and
client", "source", or "patient" who has a vulnerability by promoting efficient labor
sexually transmitted infection (STI) including markets, diminishing people's exposure to
HIV, is given support in order to notify and risks, and enhancing their capacity to protect
advise the partners that have been exposed themselves against hazards, and
to infection. Support includes giving the interruptions on, or loss of income;
index client a mechanism to encourage the
client's partner to attend counseling, testing ▪ Stigma
and other prevention and treatment services. - refers to the dynamic devaluation and
dehumanization of an individual in the
▪ Person Living with HIV (PLHIV)
eyes of others, which may be based on
- refers to any individual diagnosed to be attributes that are arbitrarily defined by
infected with HIV;
others as discreditable or unworthy, and
▪ Pre-exposure Prophylaxis which results in discrimination when acted
- refers to the use of prescription drugs as a upon;
strategy for the prevention of HIV infection
▪ Treatment hubs
by people who do not have the HIV and - refer to private and public hospitals or
AIDS. It is an optional treatment, which may
medical establishments accredited by the
be taken by people who are HIV-negative but DOH to have the capacity and facility to
who have substantial, higher-than-average
provide treatment and care services to
risk of contracting an HIV infection; PLHIV;
▪ Pre-test Counseling
- refers to the process of providing an
individual with information on the

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▪ Voluntary HIV testing ROLE OF DOH


- refers to HIV testing done on an individual ▪ The National HIV and AIDS and STI Prevention and
who, after having undergone pre-test Control Program (NASPCP) of the DOH
counseling willingly submits to such test; - Shall coordinate with the PNAC for the
▪ Vulnerable communities implementation of the health sector’s HIV
- refer to the communities and groups and AIDS and STI response as identified in
suffering from vulnerabilities such as the AMTP
unequal opportunities, social exclusion, - Shall be composed of 25 medical specialist
poverty, unemployment, and other similar and other personnel with permanent
social exclusion, poverty, unemployment, employment
and other similar social economic, cultural ▪ Epidemiology Bureau
and political conditions making them more - Maintain a comprehensive HIV and AIDS
susceptible to HIV infection and to monitoring and evaluation program
developing AIDS; and - Determine and monitor the magnitude and
▪ Workplace progression of HIV and AIDS in the PH
- refers to the office, premise or work site - Receive, collate, process, and evaluate all
where workers are habitually employed medical reports related to HIV and AIDS –
and shall include the office or place where provided that it shall adopt a coding system
workers, with no fixed or definite work site, that ensures anonymity and confidentiality
regularly report for assignment in the course - Submit quarterly and annual reports to the
of their employment. PNAC

𐰾 SUMMARIZED NOTES OF SIR JM ARTICLE II


INFORMATION, EDUCATION, AND
R.A. NO. 11166 COMMUNICATION
𐰾 SECTIONS 11 – 22
PHILIPPINE HIV AND AIDS
POLICY ACT
PREVENTION PROGRAM
▪ Approved on December 20, 2018 ▪ PNAC shall develop an HIV and AIDS prevention
▪ Signed by: Rodrigo Roa Duterte program to educate the public on HIV and AIDS
STATE POLICY ▪ PNAC shall promote and adopt a range of measures
▪ Human Immunodeficiency Virus (HIV) and and intervention, in partnership with CSOs
Acquired Immune Deficiency Syndrome (AIDS) ▪ The HIV and AIDS education and prevention
- are public health concerns that have wide- programs based on up – to – date evidence and
ranging social, political, and economic scientific strategies
repercussions
▪ The State shall respect, protect, and promote human EDUCATION
rights as the cornerstones of an effective response to ▪ The HIV and AIDS Education and Prevention
the country’s HIV and AIDS situation Programs shall actively promote:
o Safer sex practices among the general
▪ The meaningful inclusion and participation of persons population
directly and indirectly affected by the HIV and AIDS o Other practices that reduce risk of HIV
situation, especially persons living with HIV, are infection
crucial in eliminating the virus o Universal awareness of and access to
▪ The State shall ensure the delivery of non - evidence – based and relevant info’s and
discriminatory HIV and AIDS services by government education
and private HIV and AIDS service providers o Knowledge of the health, civil, political,
▪ Establish policies and programs to prevent the spread economic, and social rights of PLHIV and
of HIV and deliver treatment, care, and support their families
services
EDUCATION IN LEARNING INSTITUTIONS
▪ Adopt a multi-sectoral approach in responding to the ▪ DepEd, CHED, and Technical Education and Skills
country’s HIV and AIDS situation Development Authority (TESDA)
▪ Ensure access to HIV and AIDS related services by - shall integrate basic and age – appropriate,
eliminating the climate of stigma and discrimination culture – sensitive, and gender – responsive
▪ Positively address and seek to eradicate conditions instruction
that aggravated the spread of HIV infection ▪ The three (3) shall ensure the development and
provision of psychosocial support and counseling in
ARTICLE I learning institutions
PHILIPPINE NATIONAL AIDS COUNCIL (PNAC) EDUCATION FOR PARENTS AND GUARDIANS
𐰾 SECTIONS 4 – 10 ▪ DepEd
- shall conduct awareness – building seminars
▪ Ensure the implementation of the country’s response in order to provide parents and guardians
to the HIV and AIDS situation with a gender – responsive and age –
▪ Shall be an agency attached to the DOH: sensitive HIV and AIDS education
o DOH Secretary = Permanent Chairperson
o Vice Chairperson (3 – year term) = Elected ▪ Education as a Right to Health and Information HIV
from the government agency members and AIDS education and info dissemination shall form
part of the constitutional right to health
AIDS MEDIUM TERM PLAN (AMTP)
▪ The PNAC shall formulate and periodically update EDUCATION IN WORKPLACE
the 6 – year AMTP ▪ PNAC
- shall develop standardized and key
▪ A multi-sectoral strategic plan to prevent and control messages on the prevention and control of
the spread of HIV and AIDS in the country HIV and AIDS

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▪ All public and private employers and employees, ▪ The DOH shall enforce the ff guidelines on the
including members of the AFP and PNP, shall be donation of blood, tissue, / organ:
regularly provided with standardized basic info and I. Donation of tissue / organ shall be accepted
instruction on HIV and AIDS by a lab/ institution only after a sample from
the donor has been tested negative for HIV
EDUCATION FOR FILIPINOS GOING ABROAD II. All donated blood shall be subjected to HIV
▪ The State shall ensure that all OFWs shall attend a testing
seminar on the causes, manner of prevention, and III. All donors whose blood, organ, / tissue has
impact of HIV and AIDS been tested positive shall be deferred from
donation
EDUCATION IN COMMUNITIES IV. Donations of blood, tissue, / organ testing +
▪ Implement a locally – based, multi – sectoral for HIV shall be accepted for research
community response to HIV and AIDS through various purposes only
channels on evidence-based, gender responsive, age V. A second testing may be demanded as a
– appropriate, and human rights – oriented prevention matter of right by the blood, tissue, / organ
tools to stop the spread of HIV recipient
▪ Indigenous people communities and Geographically ▪ Testing of Organ Donation
Isolated and Disadvantaged (GIDA) and out – of – - Lawful consent to HIV testing of a donated
school youth human body organ, tissue, / blood shall be
considered as having been given when:
EDUCATION FOR KEY POPULATION AND
VULNERABLE COMMUNITIES
▪ To ensure that HIV services reach key population at I. A person volunteers / freely agrees
higher risk, the PNAC shall support and provide to donate one’s blood, organ, /
funding for HIV and AIDS education programs tissue for transfusion,
transplantation, / research
HIV AND AIDS INFORMATION II. A legacy / donation is executed in
AS A HEALTH SERVICE accordance with Section 3 and 4
▪ HIV and AIDS education and info dissemination shall respectively, of RA 7170, otherwise
form part of the delivery of health services by health known as the – Organ Donation
practitioners, workers, and personnel Act of 1991
▪ It shall be the civic duty of health providers in the
private sector to provide the public with necessary info GUIDELINES ON MEDICAL MANAGEMENT,
to prevent and control the spread of HIV AIDS SURGICAL, AND OTHER RELATED PROCEDURES
▪ The training of health workers shall include, but not ▪ The DOH shall issue guidelines on medical
management of PLHIV and protocol and precautions
limited to ethical issues related to HIV and AIDS
against HIV transmission
INFORMATION FOR TOURISTS AND RESIDENTS ▪ The necessary protective equipment, such as gloves,
▪ Educational materials shall be adequately provided at googles, gowns, and post-exposure prophylaxis shall
all international and local ports of entry and exit in the be prescribed and required, and made available
Philippines ▪ The DOH shall issue guidelines on the handling and
disposal of cadavers, body fluids, / wastes of
INFORMATION ON PROPHYLACTICS persons known / believed to be HIV-positive
▪ The DOH, through the FDA, shall establish guidelines
in printing / attaching appropriate info’s to every
SECTION IV
prophylactic offered for sale / given as a donation –
proper usage SCREENING, TESTING, AND COUSNELING
𐰾 SECTIONS 29 – 32
MISINFORMATION ON HIV AND AIDS
▪ Any misinformation on HIV and AIDS shall be strictly HIV TESTING (VOLUNTARY)
prohibited ▪ As a policy, the State shall encourage voluntary HIV
▪ Misinformation includes false and misleading testing
advertising and claims in any form of media ▪ Written consent from the person taking the test must
▪ The promotional marketing of drugs, devices, agents be obtained before HIV testing
or procedures, with prior approval from the DOH ▪ The HIV testing shall be made available under the
through the FDA following circumstances: If the person is 15 to below
18 years of age, consent to voluntary HIV testing
ARTICLE III shall be obtained from the child with the need of
PREVENTIVE MEASURES, SAFE PRACTICE, AND consent from a parent / guardian.
PROCEDURES ▪ Any young person aged below 15 who’s pregnant /
𐰾 SECTIONS 23 – 28 engaged in high – risk behavior shall be eligible for
HIV testing and counseling
PREVENTING MOTHER – TO – CHILD ▪ In all other cases not covered consent to voluntary
HIV TRANSMISSION HIV testing shall be obtained from the child’s parent /
(PMTCT) legal guardian if the person is below 15 ylo / is
▪ The DOH shall establish a program to prevent mother mentally incapacitated
– to – child HIV transmission
▪ PMTCT program shall include universal voluntary HIV COMPULSORY HIV TESTING
testing, counseling, and referrals to HIV treatment and ▪ Shall be allowed only in the following instances:
care o When it is necessary to test a person who’s
charged with any of the offenses punishable
▪ PLHIV pregnant women shall have access to prenatal under:
care, correct info on the mode of delivery and a. Article 263 (serious physical
newborn feeding injuries)
▪ Standard Precaution on the Donation of Blood, b. Article 264 (administering injurious
Tissue, or Organ substances / beverages)

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c. Article 265 (less serious physical CARE AND SUPPORT FOR AFFECTED FAMILIES’
injuries) INTIMATE PARTNERS, SIGNIFICANT OTHERS,
d. Article 266 (slight physical injuries) AND CHILDREN OF PEOLE LIVING
e. Article 338 (simple seduction) WITH HIV (PLHIV)
▪ The DSWD, DOH, and LGUs shall develop care and
o When it is necessary to resolve relevant support programs for them
issues under Executive Order No. 209,
otherwise known as – The Family Code of CARE AND SUPPORT IN PRISONS AND
Philippines OTHER CLOSED – SETTING INSTITUTIONS
o As a prerequisite in the donation of blood in ▪ All prisons, rehabilitation centers, and other closed
compliance with the provisions of setting institutions shall have comprehensive STI, HIV,
o RA No. 7170 and AIDS prevention and control program
- Organ Donation Act of
1991 NON – DISCRIMINATORY HIV AND
o RA No. 7719 AIDS SERVICES
- National Blood Services ▪ The members of the PNAC shall ensure the delivery
Act of 1994 of non – discriminatory
▪ HIV and AIDS services by government and private
MECHANISMS AND STANDARDS ON ROUTINE HIV AIDS service providers
PROVIDER INITIATED AND CLIENT-INITIATED
HIV COUNSELING AND TESTING – TO IMPLEMENT ARTICLE VI
THIS SECTION, THE DOH SHALL: CONFIDENTIALITY
▪ That only DOH accredited HIV testing facilities shall
be allowed to conduct HIV testing 𐰾 SECTIONS 44 – 48
▪ That HIV testing
- is based on informed consent, is voluntary THE CONFIDENTIALITY AND PRIVACY
and confidential, is available at all times OF ANY INDIVIDUAL SHALL BE GUARANTEED
Accredit institutions / organization that train FOR THOSE WHO:
HIV and AIDS counselors Set the standard o Has been tested for HIV
for HIV counseling o Has been exposed to HIV
o Have HIV infection / HIV-AIDS related illness
COUNSELING AND TESTING o Was treated for HIV related illness
▪ All HIV testing facilities shall provide free pre – test
and post – test HIV counseling to individual who wish THE FOLLOWING ACTS VIOLATE
to avail of HIV testing, with shall likewise be CONFIDENTIALITY AND PRIVACY:
confidential ▪ Disclosure of Confidential HIV and AIDS
Information
HIV TESTING FOR PREGNANT WOMEN - it shall be unlawful to disclose, without
▪ A health care provider who offers pre – natal medical written consent, info’s that a person has
care shall offer provide – initiated HIV testing for AIDS, has undergone HIV-related test, has
pregnant women HIV infection / HIV-related illnesses, / has
been exposed to HIV basic information.
ARTICLE V ▪ Media Disclosure
- unlawful for any publisher / reporter to
HEALTH AND SUPPORT SERVICES disclose any related information to their
𐰾 SECTIONS 33 – 43 subjects.

TREATMENT OF PERSONS LIVING EXCEPTIONS:


WITH HIV AND AIDS Confidential HIV and AIDS information may be released by HIV
▪ The DOH shall establish a program that will provide testing facilities with consent in the ff instances:
free and accessible art and medication for 1. When complying with reportorial requirements of the
opportunistic infections to all PLHIVs who are enrolled national active passive surveillance system of DOH
in the program 2. When informing other health workers directly involved
in the treatment / care of a PLHIV
ACCESS TO MEDICAL SERVICES BY 3. When responding to a subpoena duces recum and
INDIGENTS subpoena as testificandum issued by a court with
▪ Indigent persons living with HIV shall not be deprived jurisdiction over a legal proceeding where the main
of access to medical services issue is the HIV status of an individual

ECONOMIC EMPOWERMENT AND DISCLOSURE OF HIV – RELATED


SUPPORT TEST RESULTS
▪ PLHIV shall not be deprived of any employment, GENERAL RULE
livelihood, micro-finance, self – help, and cooperative ▪ The result of any test related to HIV shall be disclosed
programs by reasons of their HIV status by a trained service provider who conducts pre – test
and post – test counselling only to the individual who
CARE AND SUPPORT FOR PERSONS submitted the test
LIVING WITH HIV ▪ If the patient is below the age of 15 years, an
▪ The DSWD shall develop care and support programs orphan, / suffering from mental incapacity, / in a
for PLHIV, with shall include peer-led counseling and comatose state:
support social protection, welfare assistance, and o The result of the test may be disclosed to
mechanisms for case management either of the patient’s parents, next of kin,
legal guardian, / to a duly assigned licensed
CARE AND SUPPORT FOR OVERSEAS social worker / health worker, whichever is
WORKING WITH HIV applicable considering the best interest of
▪ The Overseas Workers Welfare Administration the said patient
(OWWA) shall develop a program to provide a stigma
– free comprehensive reintegration, care, and support
program

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DISCLOSURE TO PERSONS WITH POTENTIAL RAIDS / SIMILAR POLICE OPERATIONS


EXPOSURE TO HIV IN SITES AND VENUES OF HIV PREVENTION
▪ Any person who, after having been tested, is found to INTERVENTIONS BASED ON THE PRESENCE
be infected with HIV is strongly encouraged to OF USED / UNUSED PROPHYLACTIC
disclose this health condition to the spouse, sexual ▪ 1 – 5 years imprisonment
partners, and/or any person prior to engaging in ▪ Fine: ₱ 100,000 – 500,000
penetrative sex / any potential exposure to HIV
HARASSMENT OF HIV AND AIDS
ARTICLE VII SERVICE PROVIDERS
▪ 6 months to 5 years imprisonment
DISCRIMINATORY ATCS AND PRACTICES AND ▪ Fine: ₱ 100,000 – 500,000
CORRESPONDING PENALTIES
𐰾 SECTIONS 49 – 51 DENIAL OF INSURANCE SERVICES TO PLHIV
▪ 6 months to 5 years imprisonment
DISCRIMINATION IN THE WORKPLACE ▪ Fine: > ₱ 50,000
▪ The rejection of job application, termination of ▪ Administrative Sanctions
employment, / other discriminatory policies in hiring
BREACH OF CONFIDENTIALITY
DISCRIMINATION IN LEARNING INSTITUTION ▪ 6 months – 5 years imprisonment
▪ Refusal of admission, expulsion, segregation, ▪ Fine: ₱ 50,000 – 100,000
imposition of harsher disciplinary actions

RESTRICTION ON TRAVEL AND HABITATION MASS DISSEMINATION OF HIV STATUS OF


▪ Restrictions on travel within the PH, refusal of lawful A PERSON (E.G., ONLINE AND MEDIA STATEMENTS)
entry to PH territory, deportation from PH, / the ▪ 2 years and 1 days to 5 years imprisonment
quarantine / enforced isolation ▪ Fine: ₱ 250,000 – 500,000

RESTRICTION ON SHELTER VIOLATION ON DISCRIMINATORY ACTS


▪ Restriction on housing / lodging, whether permanent / AND POLICIES
temporary ▪ 6 months – 5 years imprisonment
▪ Fine: ₱ 50,000 – 500,000
PROHIBITION FROM SEEKING OR HOLDING PUBLIC ▪ Administrative sanctions
OFFICE
▪ Prohibition on the right to seek an elective / appointive USES KNOWLEDGE OF CONFIDENTIAL
public officer HIV AND AIDS INFOS TO MALIGN / CAUSE
DAMAGE, INJURY, / LOSS TO ANOTHER PERSON
EXCLUSION FROM CREDIT AND ▪ Liability under Articles:
INSURANCE SERVICES o 19
▪ Exclusion from health, accident / life insurance, / o 20
credit and loan services, including the extension of o 21 and
such loan / insurance facilities of an individual o 26 of the new Civil Code of the Philippines,
and RA 10173 – The Data Privacy Act of
DISCRIMINATION IN HOSPITALS AND HEALTH 2012
INSTITUTIONS
▪ Denial of health services, / being charged with a If alien:
higher fee ▪ Deportation after serving the penalties

DENIAL OF BURIAL SERVICES If Government Employee / Public Official:


▪ Denial of embalming and burial services for a ▪ Perpetual / temporary absolute disqualification from
deceased person who had HIV and AIDS / who was office
known, suspected, /perceived to be HIV-positive
Collected penalties
ACT OF BULLYING ▪ Put into a special fund administered by PNAC
▪ Bullying in all forms Bullying in all forms
SUMMARY:
OTHER SIMILAR / ANALOGOUS
DISCRIMINATORY ACTS COMPARISON BETWEEN R.A. 8504
AND R.A. 11166
ARTICLE VIII
Points of R.A. 8504 R.A. 11166
PENALTIES – MISINFORMATION Differentiation
Title Philippine AIDS Philippine HIV and
FALSE / MISLEADING ADVERTISING AND Prevention and AIDS Policy Act of
CLAIMS OF DRUGS, DEVICES, AGENTS / Control Act of 1998 2018
PROCEDURES CLAIMING TO BE A CURE /
A FAIL – SAFE PROPHYLACTIC Number of 52 57
▪ 1 – 10 years imprisonments Sections
▪ Fine: ₱ 50,000 – 500,000
House Bill Number H.B. No. 10510 H.B No. 6617
KNOWINGLY / NEGLIGENTLY CAUSES ANOTHER Senate Bill S.B. No. 1583 S.B. No. 1390
TO GET INFECTED WITH HIV IN THE COURSE Number
OF THE PRACTICE OF PROFESSION
• 6 – 12 years imprisonment Date of Approval February 13, 1998 December 20, 2018
• May include suspension / revocation of professional
Philippine Fidel V. Ramos Rodrigo R. Duterte
licenses and cancellation of withdrawing of business President who
permits signed the
approval
COMPELLED ANY PERSON TO UNDERGO
HIV TESTING WITHON HIS/ HER CONSENT
▪ 6 – 12 years imprisonment

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ISSUES AND PENALTIES


ISSUE IMPRISONMENT FINE
Misleading one (1) year but not a fine of not less
information more than ten (10) than fifty thousand
years pesos (P50,000.00)
but not more than
Five hundred
thousand pesos
(P500,000.00)

Police operations one (1) year to five a fine of not less


visa-vis (5) years than One hundred
thousand pesos
(P100,000.00), but
not more than Five
hundred thousand
pesos
(P500,000.00)

Unsafe Practices six (6) to twelve


(12) years

Violation of Six (6) months to a fine of not less


protection of HIV five (5) years than one hundred
Educators, thousand pesos
Licensed Social (P100,000.00), but
Workers, Health not less than Five
Workers, and hundred thousand
Other HIV and pesos
AIDS Service (P500,000.00)
Providers from
Harassment

Denial of health six (6) months to a fine of not less


insurance and five (5) years than Fifty thousand
similar services (P50,000.00)

MEDICAL CONFIDENTIALITY
Person who Six months to two a fine of not less
breaches (2) years of than Fifty thousand
confidentiality imprisonment pesos
(P50,000.00), but
not more than One
hundred fifty
thousand pesos
(P150,000.00)

Person who Two years and one a fine of not less


causes the mass (1) day to five (5) than One hundred
dissemination of years fifty thousand
the HIV status of a pesos
person (P150,000.00), but
not more than
Three hundred fifty
thousand pesos
(P350,000.00)

Any health Five years and one a fine of not less


professional, (1) day to seven (7) than Three
medical instructor, years of hundred fifty
worker, employer, imprisonment thousand pesos
recruitment (350,000.00), but
agency, insurance not more than Five
company, data hundred thousand
encoder, and other pesos (500,000.00)
custodian of any
medical record,
file, data, or test
result who
breaches
confidentiality

Discriminatory six (6) months to a fine of not less


Acts five (5) years than Fifty thousand
pesos
(P50,000.00), but
not more than Five
hundred thousand
(P500,000.00)

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MODULE 10: R.A. 9288: NEWBORN SCREENING ACT OF 2004

Sickle Cell Trait –


OUTLINE characterized by presence of
I. Discuss the rationale behind the practice of hemoglobin S in heterozygous
newborn screening trait
II. Identify the clinical conditions associated with
c. Hemoglobin C Disease
inborn error of metabolism
- Amino acid lysine is
III. Explain the provisions of the Newborn
substitute by glutamic acid
Screening Act of 2004
on the 6th position of the beta
IV. Discuss the newborn screening procedures
chain
V. Perform the techniques in a newborn
- RBCs appear as target cells
screening procedure
(codocytes) or less often,
precipitated hemoglobin C
crystals is exhibited
NEWBORN SCREENING TEST
d. Hemoglobin SC Disease
▪ Is the process of collecting a few drops of blood - Double heterozygous
from newborn onto an appropriate collection card condition in which an
and performing biochemical testing to determine if the abnormal S gene from one
newborn has heritable condition/s parent is inherited and an
▪ Blood is drawn after 24 hours of newborns life abnormal C gene from another
▪ Non-diagnostic, requires series of follow up tests parent is also inherited

PROCEDURES DONE WITHIN 2 WEEKS OF BIRTH e. Hemoglobin D Disease


- Usually seen most frequently
▪ Hearing Screening
among people in Asiatic
- Done before newborn leaves the hospital
Indian Heritage and those of
▪ Screening for Critical Congenital Heart Defects European descent
- Done using oximetry on baby’s hand and
f. Hemoglobin Constant Spring
feet
- Having 31 amino acids added
- Are at significant risk of disability or fatality
- Procedure is painless and takes up 5 mins. to the alpha chain
- Clinically resembles alpha
▪ Circumcision thalassemia
- For male babies with consent of parents
g. Thalassemia
- Include lower risks of UTI, prostate cancer,
and STD - Predominant cause is gene
deletion
▪ Comprehensive Screening Test for Jaundice
- Jaundice is yellowing of skin caused by high B. Endocrinopathies
levels of bilirubin in blood. a. Congenital Hypothyroidism
- Absence or poor functioning of
R.A. 9288: Newborn Screening Act of 2004 thyroid gland, resulting in poor
production of thyroxine
Approved on: April 7, 2004
Approved by: Former President Gloria Macapagal – Arroyo
b. Classic Adrenal Hyperplasia
- Deficiency of the enzyme steroid
NATIONAL COMPREHENSIVE NEWVBORN
21 – hydroxylase which comes in
SCREENING SYSTEM SHALL AIM TO
two forms
1. Ensure that every newborn has access to newborn
screening C. Amino Acid Disorders
2. Establish and integrate sustainable newborn
a. Phenylketonuria
screening system within public health delivery system
- Inherited autosomal recessive
3. Ensure that all health practitioners are aware of disorder characterized by the
advantages of newborn screening deficiency of phenylalanine
4. Ensure that parents recognize their responsibility in
hydroxylase
promoting their child’s right to health and full
- May result to severe mental
development retardation
b. Maple Syrup Urine Disorder
CLINICAL CONDITIONS SCREENED c. Alkaptonuria
A. Hemoglobinopathies d. Tyrosinemia / Tyrosinuria
- A condition associated with abnormal heme e. Cystinuria
synthesis, hemoglobin variants, and globin
synthesis D. Fatty Acid Oxidation Disorders
- Most recently discovered disorder is the
a. Porphyria’s medium chain acyl – CoA dehydrogenase
- Defect in one or more enzyme deficiency
involved in heme synthesis - PX may experience muscle problems, poor
resulting in accumulation of feeding, vomiting, and seizure
porphyrin in the bone - Often fatal
marrow (erythropoietic
porphyria’s) or liver (hepatic E. Cystic Fibrosis
porphyria’s) - Autosomal recessive disorder which is
characterized by thick mucus in the lungs
b. Sickle Cell Disease and digestive system resulting in
- Presence of hemoglobin S in a respiratory infection and difficulty in food
homozygous state digestion.
- Common through much – Sub-
Saharan Africa

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Newborn Screening Facility equipped with a newborn


GUIDELINES TO TEST PROCEDURES
Center screening laboratory that complies with
R.A. 9288 – SECTION 7 the standards established by the NIH and
NBS shall be performed after twenty hours of life but not later provides all required laboratory tests and
recall/follow-up programs
than three days.
A NB placed in ICU in order to ensure survival, may be Newborn Screening Newborn Screening Central facility at the
exempted from three-day requirement but should be tested by Reference Center NIH that confirms testing and follow-up
protocols, maintains an external
seven days of age.
laboratory proficiency testing program,
a. Compliance to NBS shall be the joint responsibility and oversees the national testing
of the parent(s)/legal guardians and health database, training activities, and content
of educational materials. It acts as the
practitioner or another person delivering the newborn
Secretariat of the Advisory Committee on
to ensure that NBS is performed; Newborn Screening
b. Health practitioners shall fully inform their patient's
parents, or legal guardians about the availability, Recall A procedure for locating a newborn with a
nature and benefits of NBS; possible heritable condition for purposes
of providing the newborn with appropriate
c. Collection of samples may be performed by any laboratory to confirm the disorder/disease
trained health worker such as physicians, medical
technologists, nurses and midwives; Follow-up Monitoring of a newborn with a heritable
condition for the purpose of ensuring that
d. NBS specimens shall be properly transported to the
the newborn patient complies fully with
accredited NSCs by courier or any other fast and the medicine of dietary prescriptions
timely mode of transport within twenty-four (24)
hours following collection of the sample; Philippine President Gloria Macapagal-Arroyo
e. NBS laboratory testing shall be performed by DOH- who signed the
accredited NSCs. approval

Date of Approval April 07, 2004


STEPS IN SAMPLE COLLECTION:
1. Properly document all information about the baby and
his/her family.
2. Ensure the complete identification of the baby.
3. Collect the blood sample within 24-72 hours after
birth. Capillary puncture via heel stick is the
preferred technique.
4. Massage and warm the puncture area as it would
increase the blood flow sevenfold
5. Cleanse the baby's heel with an alcohol or cotton
swab. Air-dry the heel before puncturing
6. Prick the heel (slight angle) and wipe the first drop of
blood. Have the heel dependent facing downward
7. Walt for the spontaneous flow of blood. Wait for the
blood to drop in the filter card. Allow the blood to soak
completely and saturate the circle on the card as
shown below.

SUMMARY

Significance To reduce preventable deaths of all


Filipino newborns due to more common
and rare congenital disorders through
timely screening and proper management

Number of Sections 19

Specimen Blood from heel of newborn

Specimen Collector Physicians, nurses, midwives, nursing


aides, traditional birth attendants, and
trained health professionals.

Comprehensive Any means to address and prevent the


Newborn Screening heritable conditions; evaluate activities to
System assess long term outcome, patient
compliance and quality assurance

Performance of - Shall be the joint responsibility


Newborn Screening of the parent(s) and the health
practitioner.
- The parent or legal guardian
may refuse testing but must
provide a refusal
documentation.
- Performed after twenty-four
(24) three (3) days from
complete delivery of the
newborn.
- Newborns placed in ICU may
be exempted from the 3-day
requirement but must be tested
by seven (7) days of age.

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MODULE 15: BIOETHICAL ISSUE – ETHICS

GENERAL TYPES OF ETHICS


OUTLINE ▪ Meta – Ethics
I. Introduce the contextual definition and areas of
- Seeks to use ethical reasons from the
ethics things or events that have happened or have
II. Discuss the nature and scope of ethics
been happening as the will of Almighty
III. Explain the types and scope of ethics God
IV. Analyze the various approaches of ethics
V. Carry out principles of applied and ▪ Applied Ethics
professional ethics - Is a branch of ethics that refers to the
analysis of moral issues such as abortion,
animal rights, and euthanasia.
DESCRIPTION AND NATURE OF ETHICS
▪ Normative Ethics
▪ As Moral Philosophy - Implies the institution of moral conduct in
o Ethics – is an application of a moral code regulating what is right or wrong
of conduct and good behavior in the field of
professional endeavor.
APPROACHES TO ETHICS
o Illustrates act of professionalism
▪ Virtue Approach
- Stems from the description of moral
ETHICS behavior by Plato and Aristotle as “what a
▪ Derived from the ancient Greek word “ethos” moral or virtuous person does”
meaning “theory of things” or “way of living” - Virtuous Person – person having the
▪ Also derived from old French word “ethique” , late sense of right or wrong
Latin “ethica” meaning – “of or mortals, moral, or
expressing character” – and modern Latin meaning ▪ Deontological Duty Approach
“customs” - Denotes duty on the party of the agent or
▪ Define how individuals interact with one another in doer of the action
a society with norms and values it shows what is ▪ Consequential Ethics
goof for individual and society, and how establish - Also known as – Teleological Ethics
one’s duty which one owes to oneself and to one - Based on the premise of that if the
another outcomes are good then the related
actions can be good regardless of the
NATURE AND SCOPE motive of the actor
▪ It covers the concepts and principles of:
o Defending – placing justice for the things APPLIED ETHICS
done and services rendered - Considered as the most important ethical approach
o Systemizing – manner or ways of putting due to its broad application; applied in various field
actions in the proper order and real life like:
o Remodeling – process of reshaping the o Ethics in Medicine
sphere of goodness and righteousness o Ethics in Psychology
o Interconnecting – process of internalizing o Ethics in Health care
the action done and relating it to a future o Ethics in Environment
action
PROFESSIONAL ETHICS
COMPONENTS AND TYPES OF ETHICS - applies to the workforce of professionals
▪ Rules - emanates the moral reflection of professional
- Set of laws or orders that may penalize endeavors enveloped in a code of ethics
wrong doings
Professionals are expected and manifest ethical
▪ Standards behaviors such as:
- Set certain standards that the individual or o Impartiality and Ojectivity
group of individuals or entire community o Openness and full disclosure
should observe o Due diligence
▪ Principle o Confidentiality
- When rules of conduct are evaluated o Fidelity to professional responsibilities
against a standard rule o Reliability at work
- Known as “principle of moral system” o Avoidance of conflict of interest

▪ Judgement
- Product of learned codes of conduct and
the cognitive evaluation of each situation
▪ Common Sense
- Practical application of what the
conscious mind indicates whether or not
the action is right or wrong
▪ Values
- Came from Latin word “valere” meaning –
“having worth or being worthy”
- Is conceived as an abstract object of
interest or worth
▪ Public Interest
- Manifest when an action has been done
and executed in congruency with public
welfare.

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MODULE 16: CONCEPT AND PRINCIPELES OF BIOETHICS

THEORIES OF BIOETHICS
OUTLINE A. Deontology Theory
I. Conceptualize the definition of bioethics
- Focused on righteousness or wrongness
II. Discuss the historical development of bioethics of an action rather than on the
III. Explain the objectives and goals of bioethics
consequence of the action done.
IV. Describe the different sub – disciplinaries of o Divine command Theory
bioethics o Natura right Theory
V. Compare the different theories of bioethics o Pluralistic Deontology Theory
o Contractarian or Moral Theory of
Contractarianism
BIOETHICS
B. Teleological Theory
▪ Combination of ethical theory and various - Also known as “consequentialist theory”
disciplines such as medicines, law, social sciences, - Posits that an action is morally right if the
philosophy, and like to address the ethical issues of consequence or outcome is good.
clinical decision – making and medical research o Utilitarian Theory
▪ Involved the concern of human beings and their o Hedonism Theory
close relationship with other organisms o Egoism Theory
▪ Is the ethics of biology which may subdivided into: o Altruism Theory
o Environmental o Rule Consequentialist Theory
o Animal o Negative Consequentialist Theory
o Medical Ethics
C. Virtue Theory
DEVELOPMENT OF BIOETHCIS - Based on the inherent nature of an
▪ Emerged as distinct field in late 1060s individual that on the consequence of acts
▪ It was affected by not only by the latest technology TWO SUBCATEGORIES:
and advancement in science, but also by societal o Agent – based Theory
changes o Extent of care
▪ Markedly influenced by the changes in individual well
-being, particularly the attitude and behavior towards
certain moral issues such as abortion, marriage, and PRINCIPLE OF BIOETHICS
sexuality. Four Important Principles applicable in medical health service
industry:
OBJECTIVES 1. Respect for Autonomy
▪ Build positive attitude and behavior towards the - Act of respecting the decisions of others
chosen profession - Two views with respect autonomy:
▪ Show concern for human life and those of other living o Prioritization of one’s decision
things o Intervention from other people
▪ Produce professionals in body, mind, and spirit
2. Beneficence
▪ Establish a functional philosophy in life
- Is the principle of doing an action that
benefits others
GOALS OF BIOETHICS
- Doing good things solves ethical problems
▪ Ethical guidance
and dilemmas
▪ Clarification
▪ Disciplinaries 3. Non – maleficence
▪ Structures - Is the avoidance of doing “harm” to others
▪ Internal auditing - Very essence of rendering laboratory
▪ Inter – disciplinary approach services and delivering health care which is
doing the least harm to the px.
SUB DISCIPLINES OF BIOETHICS 4. Justice
1. Medical Ethics - Application of legal ethics in medical
- Concerned with the ethical issue of “what technology professional practices
one should do or ought to do” - Holds that ethical theories especially legal
ethics should impose fairness to everyone
2. Animal Ethics
involved.
- Founded in USA and Europe as a result of
their sensitivity to animals
- They were aware of the cruelty against
animals and they were compassionate to
them
3. Environmental Ethics
- Divided into distinct categories:
o Anthropocentrism – approaches
such as virtue of ethics and
deontology
o Non – Anthropocentrism – consist
of main branches:
➢ Pathocentrism
➢ Biocentrism
➢ Ecocentrism
Which is further divide into
an individualistic and
holistic version.

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R.A. 7170 – ORGAN DONATION ACT OF 1991
maintenance would not be successful in
R.A. 7170 restoring such natural functions. In this
AN ACT AUTHORIZING THE LEGACY OR case, death shall be deemed to have
occurred at the time when these
DONATION OF ALL OR PART OF A HUMAN BODY AFTER
conditions first appeared.
DEATH FOR SPECIFIED PURPOSES
Be it enacted by the Senate and House of Representatives The death of the person shall be determined in accordance
of the Philippines in Congress assembled: with the acceptable standards of medical practice and shall be
diagnosed separately by the attending physician and
SECTION I another consulting physician, both of whom must be
appropriately qualified and suitably experienced in the care of
TITLE such patients. The death shall be recorded in the patient’s
▪ This Act shall be known as the – “Organ Donation medical record.
Act of 1991”
SECTION III
SECTION II
PERSON WHO MAY EXECUTE A LEGACY
DEFINITION OF TERMS ▪ Any individual, at least eighteen (18) years of age
▪ “Organ Bank Storage Facility” and of sound mind, may give by way of legacy, to
- a facility licensed, accredited or approved take effect after his death, all or part of his body for
under the law for storage of human bodies or any purpose specified in Section 6 hereof
parts thereof.
▪ “Decedent” SECTION IV
- a deceased individual, and includes a still-
born infant or fetus. PERSON WHO MAY EXECUTE A DONATION
a. Any of the following persons, in the order of priority
▪ “Testator”
stated hereunder, in the absence of actual notice of
- an individual who makes a legacy of all or contrary intentions by the decedent or actual notice of
part of his body opposition by a member of the immediate family of the
decedent, may donate all or any part of the
▪ “Donor”
decedent’s body for any purpose specified in Section
- an individual authorized under this Act to
6 hereof:
donate all or part of the body of a decedent. I. Spouse;
▪ “Hospital” II. Son or daughter of legal age;
- a hospital licensed, accredited or approved III. Either parent;
under the law, and includes a hospital IV. Brother or sister of legal age; or
operated by the Government. V. Guardian over the person of the decedent at
▪ “Part” the time of his death.
- includes transplantable organs, tissues, b. The persons authorized by sub-section (a) of this
eyes, bones, arteries, blood, other fluids and section may make the donation after or immediately
other portions of the human body. before death.
▪ “Person”
- an individual, corporation, estate, trust, SECTION V
partnership, association, the Government or
EXAMINATION OF HUMAN BODY OR PART THEREOF
any of its subdivisions, agencies or
instrumentalities, including government - ▪ A legacy or donation of all or part of a human body
owned or – controlled corporations; or any authorizes any examination necessary to assure
other legal entity. medical acceptability of the legacy or donation for the
purpose(s) intended.
▪ “Physician” or “Surgeon”
- a physician or surgeon licensed or ▪ For purposes of this Act, an autopsy shall be
authorized to practice medicine under the conducted on the cadaver of accident, trauma, or
laws of the Republic of the Philippines. other medico-legal cases immediately after the
pronouncement of death, to determine qualified and
▪ “Immediate Family” of the decedent healthy human organs for transplantation and/or in
- the persons enumerated in Section 4(a) of furtherance of medical science.
this Act.
▪ “Death” SECTION VI
- the irreversible cessation of circulatory and
respiratory functions or the irreversible PERSONS WHO MAY BECOME LEGATEES
cessation of all functions of the entire brain, OR DONEES
including the brain stem. A person shall be The following persons may become legatees or donees of
medically and legally dead if either: human bodies or parts thereof for any of the purposes stated
I. In the opinion of the attending hereunder:
physician, based on the acceptable a. Any hospital, physician or surgeon – For medical or
standards of medical practice, there is dental education, research, advancement of medical
an absence of natural respiratory and or dental science, therapy or transplantation;
cardiac functions and, attempts at
resuscitation would not be successful in b. Any accredited medical or dental school, college or
restoring those functions. In this case, university – For education, research, advancement of
death shall be deemed to have occurred medical or dental science, or therapy;
at the time these functions ceased; or
c. Any organ bank storage facility – For medical or
II. In the opinion of the consulting
physician, concurred in by the attending dental education, research, therapy, or
physician, that on the basis of transplantation; and
acceptable standards of medical d. Any specified individual – For therapy or
practice, there is an irreversible transplantation needed by him.
cessation of all brain functions; and
considering the absence of such
functions, further attempts at
resuscitation or continued supportive

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SECTION VII SECTION X


DUTY OF HISPITALS PERSON/S ATHORIZED TO REMOVE TRANSPLANTABLE
▪ A hospital authorized to receive organ donations or to ORGANS
conduct transplantation shall train qualified personnel ▪ Only authorized medical practitioners in a hospital
and their staff to handle the task of introducing the shall remove and/or transplant any organ which is
organ donation program in a humane and delicate authorized to be removed and/or transplanted
manner to the relatives of the donor-decedent pursuant to Section 5 hereof.
enumerated in Section 4 hereof. The hospital shall
accomplish the necessary form or document as proof SECTION XI
of compliance with the above requirement.
DELIVERY OF DOCUMENT OF LEGACY OR DONATION
SECTION VIII ▪ If the legacy or donation is made to a specified
legatee or donee, the will, card or other document, or
MANNER OF EXECUTING A LEGACY an executed copy thereof, may be delivered by the
a. Legacy of all or part of the human body under Section 3 testator or donor, or his authorized representative, to
hereof may be made by will. The legacy becomes effective the legatee or donee to expedite the appropriate
upon the death of the testator without waiting for probate of procedures immediately after death. The will, card or
the will. If the will is not probated, or if it is invalid for
other document, or an executed copy thereof, may be
testamentary purposes, the legacy, to the extent that it was
executed in good faith, is nevertheless valid and effective. deposited in any hospital or organ bank storage
facility that accepts it for safekeeping or for facilitation
b. A legacy of all or part of the human body under Section 3
or procedures after death. On the request of any
hereof may also be made in any document other than a will.
The legacy becomes effective upon death of the testator and interested party upon or after the testator’s death, the
shall be respected by and binding upon his executor or person in possession shall produce the document of
administrator, heirs, assigns, successors-in-interest and all legacy or donation for verification.
members of the family. The document, which may be a card
or any paper designed to be carried on a person, must be SECTION XII
signed by the testator in the presence of two witnesses who
must sign the document in his presence. If the testator AMENDMENT OR REVOCATION OF LEGACY OR
cannot sign, the document may be signed for him at his DONATION
discretion and in his presence, in the presence of two
a. a) If the will, card or other document, or an executed
witnesses who must, likewise, sign the document in the
presence of the testator. Delivery of the document of legacy copy thereof, has been delivered to a specific legatee
during the testator’s lifetime is not necessary to make the or donee, the testator or donor may amend or revoke
legacy valid. the legacy or donation either by:
c. The legacy may be made to a specified legatee or without 1. The execution and delivery to the legatee or
specifying a legatee. If the legacy is made to a specified donee of a signed statement to that effect; or
legatee who is not available at the time and place of the 2. An oral statement to that effect made in the
testator’s death, the attending physician or surgeon, in the presence of two other persons and
absence of any expressed indication that the testator desired communicated to the legatee or donee; or
otherwise, may accept the legacy as legatee. If the legacy 3. A statement to that effect during a terminal
does not specify a legatee, the legacy may be accepted by illness or injury addressed to an attending
the attending physician or surgeon as legatee upon or
physician and communicated to the legatee
following the testator’s death. The physician who becomes a
legatee under this subsection shall not participate in the or donee; or
procedures for removing or transplanting a part or parts of 4. A signed card or document to that effect
the body of the decedent. found on the person or effects of the testator
d. The testator may designate in his will, card or other or donor.
document, the surgeon or physician who will carry out the
appropriate procedures. In the absence of a designation, or if b. Any will, card or other document, or an executed copy
the designee is not available, the legatee or other persons thereof, which has not been delivered to the legatee
authorized to accept the legacy may authorize any surgeon or donee may be revoked by the testator or donor in
or physician for the purpose. the manner provided in subsection (a) of this section
or by destruction, cancellation or mutilation of the
SECTION IX document and all executed copies thereof.
MANNER OF EXECUTING A DONATION
Any legacy made by a will may also be amended or
Any donation by a person authorized under subsection (a) of
revoked in the manner provided for amendment or

Section 4 hereof shall be sufficient if it complies with the


formalities of a donation of a movable property. revocation of wills, or as provided in subsection (a) of
this section.
▪ In the absence of any of the persons specified under Section
4 hereof and in the absence of any document of organ
donation, the physician in charge of the patient, the head of SECTION XIII
the hospital or a designated officer of the hospital who has
custody of the body of the deceased classified as accident,
RIGHTS AND DUTIES AFTER DEATH
trauma, or other medico-legal cases, may authorize in a a. The legatee or donee may accept or reject the legacy
public document the removal from such body for the purpose or donation as the case may be. If the legacy or
of transplantation of the organ to the body of a living person: donation is of a part of the body, the legatee or donee,
Provided, That the physician, head of hospital or officer upon the death of the testator and prior to embalming,
designated by the hospital for this purpose has exerted shall affect the removal of the part, avoiding
reasonable efforts, within forty-eight (48) hours, to locate the
unnecessary mutilation. After removal of the part,
nearest relative listed in Section 4 hereof or guardian of the
decedent at the time of death. custody of the remainder of the body vests in the
surviving spouse, next of kin or other persons under
▪ In all donations, the death of a person from whose body an
obligation to dispose of the body of the decedent.
organ will be removed after his death for the purpose of
transplantation to a living person, shall be diagnosed b. Any person who acts in good faith in accordance with
separately and certified by two (2) qualified physicians the terms of this Act shall not be liable for damages in
neither of whom should be: any civil action or subject to prosecution in any
a. A member of the team of medical practitioners who criminal proceeding of this Act.
will affect the removal of the organ from the body;
nor
b. The physician attending to the recipient of the
organ to be removed; nor
c. The head of hospital or the designated officer
authorizing the removal of the organ.

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Donation An act of granting hospitals or health


SECTION XIV
institutions to acquire a body or its parts
INTERNATIONAL SHARING OF HUMAN ORGANS OR after an immediate death, provided, the
TISSUES immediate family of the decedent was
notified.
▪ Sharing of human organs or tissues shall be made
only through exchange programs duly approved by Amendment or The testator or donor may amend or revoke
the Department of Health: Provided, that foreign Revocation of the legacy or donation thru an oral
organ or tissue bank storage facilities and similar Legacy or statement, written document, or signed
establishments grant reciprocal rights to their Donation card.
Philippine counterparts to draw human organs or
tissues at any time Philippine Corazon Aquino
President who
signed the
SECTION XV approval
INFROMATION DRIVE
Date of Approval January 7, 1992
▪ In order that the public will obtain the maximum
benefits from this Act, the Department of Health, in
cooperation with institutions, such as the National
Kidney Institute, civic and non – government
health organizations and other health related
agencies, involved in the donation and
transplantation of human organs, shall undertake a
public information program.
▪ The Secretary of Health shall endeavor to persuade
all health professionals, both government and private,
to make an appeal for human organ donation.

SECTION XVI
RULES AND REGULATIONS
▪ The Secretary of Health, after consultation with all
health professionals, both government and private,
and non-government health organizations shall
promulgate such rules and regulations as may be
necessary or proper to implement this Act.

SECTION XVII
REPEALING CLAUSE
▪ All laws, decrees, ordinances, rules and regulations,
executive or administrative orders, and other
presidential issuances inconsistent with this Act, are
hereby repealed, amended or modified accordingly.

SECTION XVIII
SEPARABILITY CLAUSE
▪ The provisions of this Act are hereby deemed
separable. If any provision hereof should be declared
invalid or unconstitutional, the remaining provisions
shall remain in full force and effect.

SECTION XIX
EFFECTIVITY
▪ This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in at
least two (2) newspapers of general circulation.
▪ Approved: January 7, 1992
SUMMARY

R.A. 7170
Significance To authorize and regulate the legacy or
donation of the human body or its parts
after death or a specified condition thereby
securing the safety of the recipient and
providing means for proper

Number of 19
Sections

Specimen Urine, blood, hair shaft, other body fluids

Legacy A legal act of endowing one's human body


or part/s a particular person or institution
which is done by any individual, at least
eighteen (18) years of age and of sound
mind.

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R.A. 9165 – DANGEROUS DRUG ACT OF 2002

AN ACT INSTITUTING THE COMPREHENSIVE transaction through fraud, destruction of


DANGEROUS DRUGS ACT OF 2002 documents, fraudulent use of permits,
misdeclaration, use of front companies or
o REPEALING REPUBLIC ACT NO. 6425, otherwise mail fraud.
known as THE DANGEROUS DRUGS ACT OF 1972,
as amended, providing funds therefor, and for other ▪ Clandestine Laboratory
purposes - Any facility used for the illegal
manufacture of any dangerous drug
SECTION I and/or controlled precursor and essential
chemical.
TITLE
▪ This Act shall be known and cited as the ▪ Confirmatory Test
“Comprehensive Dangerous Drugs Act of 2002”. - An analytical test using a device, tool or
equipment with a different chemical or
physical principle that is more specific which
SECTION II will validate and confirm the result of the
DECLARATION OF POLICY screening test.
▪ It is the policy of the State to safeguard the integrity of ▪ Controlled Delivery
its territory and the well-being of its citizenry - The investigative technique of allowing an
particularly the youth, from the harmful effects of unlawful or suspect consignment of any
dangerous drugs on their physical and mental well- dangerous drug and/or controlled precursor
being, and to defend the same against acts or and essential chemical, equipment or
omissions detrimental to their development and paraphernalia, or property believed to be
preservation. In view of the foregoing, the State needs derived directly or indirectly from any
to enhance further the efficacy of the law against offense, to pass into, through or out of the
dangerous drugs, it being one of today’s more serious country under the supervision of an
social ills. authorized officer, with a view to gathering
▪ Toward this end, the government shall pursue an evidence to identify any person involved in
intensive and unrelenting campaign against the any dangerous drugs related offense, or to
trafficking and use of dangerous drugs and other facilitate prosecution of that offense.
similar substances through an integrated system of
▪ Controlled Precursors and Essential Chemicals
planning, implementation and enforcement of anti-
- Include those listed in Tables I and II of the
drug abuse policies, programs, and projects. The
1988 UN Convention Against Illicit Traffic
government shall however aim to achieve a balance
in Narcotic Drugs and Psychotropic
in the national drug control program so that people
Substances as enumerated in the attached
with legitimate medical needs are not prevented from
annex, which is an integral part of this Act.
being treated with adequate amounts of appropriate
medications, which include the use of dangerous ▪ Cultivate or Culture
drugs. - Any act of knowingly planting, growing,
▪ It is further declared the policy of the State to provide raising, or permitting the planting, growing
effective mechanisms or measures to re-integrate into or raising of any plant which is the source of
society individuals who have fallen victims to drug a dangerous drug.
abuse or dangerous drug dependence through ▪ Dangerous Drugs
sustainable programs of treatment and rehabilitation. - Include those listed in the Schedules
annexed to the 1961 Single Convention on
ARTICILE 1 Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to
SECTION III the 1971 Single Convention on
DEFINITION OF TERMS Psychotropic Substances as enumerated
▪ Administer in the attached annex which is an integral
- Any act of introducing any dangerous part of this Act.
drug into the body of any person, with or ▪ Deliver
without his/her knowledge, by injection, - Any act of knowingly passing a
inhalation, ingestion or other means, or of dangerous drug to another, personally or
committing any act of indispensable otherwise, and by any means, with or without
assistance to a person in administering a consideration.
dangerous drug to himself/herself unless
administered by a duly licensed practitioner ▪ Den, Dive or Resort
for purposes of medication. - A place where any dangerous drug and/or
controlled precursor and essential
▪ Board chemical is administered, delivered, stored
- Refers to the Dangerous Drugs Board under for illegal purposes, distributed, sold or used
Section 77, Article IX of this Act. in any form.
▪ Centers ▪ Dispense
- Any of the treatment and rehabilitation - Any act of giving away, selling or
centers for drug dependents referred to in distributing medicine or any dangerous
Section 75, Article VIII of this Act. drug with or without the use of prescription.
▪ Chemical Diversion ▪ Drug Dependence
- The sale, distribution, supply or transport - As based on the World Health
of legitimately imported, in-transit, Organization definition, it is a cluster of
manufactured or procured controlled physiological, behavioral and cognitive
precursors and essential chemicals, in phenomena of variable intensity, in which
diluted, mixtures or in concentrated form, to the use of psychoactive drug takes on a high
any person or entity engaged in the priority thereby involving, among others, a
manufacture of any dangerous drug, and strong desire or a sense of compulsion to
shall include packaging, repackaging, take the substance and the difficulties in
labeling, relabeling or concealment of such controlling substance-taking behavior in

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terms of its onset, termination, or levels of portion of the plant and seeds thereof, and
use. all its geographic varieties, whether as a
reefer, resin, extract, tincture or in any form
▪ Drug Syndicate whatsoever.
- Any organized group of two (2) or more
persons forming or joining together with the ▪ Methylenedioxymethamphetamine (MDMA) or
intention of committing any offense commonly known as “Ecstasy”, or by its any other
prescribed under this Act. name
- Refers to the drug having such chemical
▪ Employee of Den, Dive or Resort composition, including any of its isomers or
- The caretaker, helper, watchman, lookout,
derivatives in any form.
and other persons working in the den,
dive or resort, employed by the maintainer, ▪ Methamphetamine Hydrochloride or commonly
owner and/or operator where any dangerous known as “Shabu”, “Ice”, “Meth”, or by its any other
drug and/or controlled precursor and name.
essential chemical is administered, - Refers to the drug having such chemical
delivered, distributed, sold or used, with or composition, including any of its isomers or
without compensation, in connection with the derivatives in any form.
operation thereof.
▪ Opium
▪ Financier - Refers to the coagulated juice of the opium
- Any person who pays for, raises or poppy (Papaver somniferum L.) and
supplies money for, or underwrites any of embraces every kind, class and character of
the illegal activities prescribed under this Act. opium, whether crude or prepared; the ashes
or refuse of the same; narcotic preparations
▪ Illegal Trafficking
thereof or therefrom; morphine or any
- The illegal cultivation, culture, delivery,
alkaloid of opium; preparations in which
administration, dispensation, manufacture,
opium, morphine or any alkaloid of opium
sale, trading, transportation, distribution, enters as an ingredient; opium poppy; opium
importation, exportation and possession of
poppy straw; and leaves or wrappings of
any dangerous drug and/or controlled opium leaves, whether prepared for use or
precursor and essential chemical.
not.
▪ Instrument
- Anything that is used in or intended to be ▪ Opium Poppy
used in any manner in the commission of - Refers to any part of the plant of the species
illegal drug trafficking or related offenses. Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver
▪ Laboratory Equipment bracteatum and Papaver rhoeas, which
- The paraphernalia, apparatus, materials or includes the seeds, straws, branches, leaves
appliances when used, intended for use or any part thereof, or substances derived
or designed for use in the manufacture of therefrom, even for floral, decorative and
any dangerous drug and/or controlled culinary purposes.
precursor and essential chemical, such as
reaction vessel, preparative/purifying ▪ PDEA
equipment, fermentors, separatory funnel, - Refers to the Philippine Drug Enforcement
flask, heating mantle, gas generator, or their Agency under Section 82, Article IX of this
substitute. Act.
▪ Manufacture ▪ Person
- The production, preparation, - Any entity, natural or juridical, including
compounding or processing of any among others, a corporation, partnership,
dangerous drug and/or controlled trust or estate, joint stock company,
precursor and essential chemical, either association, syndicate, joint venture or other
directly or indirectly or by extraction from unincorporated organization or group
substances of natural origin, or capable of acquiring rights or entering into
independently by means of chemical obligations.
synthesis or by a combination of extraction ▪ Planting of Evidence
and chemical synthesis, and shall include - The willful act by any person of
any packaging or repackaging of such maliciously and surreptitiously inserting,
substances, design or configuration of its placing, adding or attaching directly or
form, or labeling or relabeling of its container; indirectly, through any overt or covert act,
except that such terms do not include the
whatever quantity of any dangerous drug
preparation, compounding, packaging or
and/or controlled precursor and essential
labeling of a drug or other substances by a
chemical in the person, house, effects or in
duly authorized practitioner as an incident to the immediate vicinity of an innocent
his/her administration or dispensation of individual for the purpose of implicating,
such drug or substance in the course of
incriminating or imputing the commission of
his/her professional practice including any violation of this Act.
research, teaching and chemical analysis of
dangerous drugs or such substances that ▪ Practitioner
are not intended for sale or for any other - Any person who is a licensed physician,
purpose. dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the
▪ Cannabis or commonly known as “Marijuana” or Philippines.
“Indian Hemp” or by its any other name
- Embraces every kind, class, genus, or ▪ Protector/Coddler
specie of the plant Cannabis sativa L. - Any person who knowingly and willfully
including, but not limited to, Cannabis consents to the unlawful acts provided
americana, hashish, bhang, guaza, for in this Act and uses his/her influence,
churrus and ganjab, and embraces every power or position in shielding, harboring,
kind, class and character of marijuana, screening or facilitating the escape of any
whether dried or fresh and flowering, person he/she knows, or has reasonable
flowering or fruiting tops, or any part or grounds to believe on or suspects, has

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violated the provisions of this Act in order to R.A. 9165 or COMPREHENSIVE DANGAROUS DRUG ACT OF 2002,
prevent the arrest, prosecution and includes provisions against the trafficking and use of dangerous drugs
and other similar substances through an integrated system of planning,
conviction of the violator.
implementation, and enforcement of anti-drug abuse policies,
▪ Pusher programs, and projects. Authorized drug testing shall be done by any
- Any person who sells, trades, government forensic laboratory or by any of the drug testing
laboratories accredited and monitored by the DOH.
administers, dispenses, delivers or gives
away to another, on any terms whatsoever, Any person apprehended or arrested for violating the provisions of this
or distributes, dispatches in transit or Act shall be subjected to screening laboratory examination or test
transports dangerous drugs or who acts as a within twenty-four (24) hours. If found to be positive, the result shall
be challenged within fifteen (15) days after receipt of the result.
broker in any of such transactions, in
violation of this Act The Dangerous Drugs Board shall be the policymaking and
strategy-formulating body in the planning against dangerous
▪ School drugs. The Board shall be composed of seventeen (17) members.
- Any educational institution, private or The President shall designate a Chairman (6-year term) and two
public, undertaking educational operation for undersecretaries (2-year term while the other one has a 4-year term)
pupils/students pursuing certain studies at The Philippine Drug Enforcement Agency (PDEA) shall be
defined levels, receiving instructions from responsible for the efficient and effective enforcement of this Act.
teachers, usually located in a building or a The PDEA shall be headed by a director general who is appointed by
group of buildings in a particular physical or the President of the Philippines.
cyber site.
Significance To strengthen the security of the nation
▪ Screening Test from harmful effects of drug dependence
- A rapid test performed to establish
potential/presumptive positive result. Number of Sections 102

▪ Sell Specimen Urine, Blood, hair shaft, other body fluids


- Any act of giving away any dangerous
drug and/or controlled precursor and Screening Test Rapid Diagnostic Test Kit
essential chemical whether for money or any (Immunochromatography/ELISA etc.)
other consideration.
Confirmatory Test Gas chromatography / Mass
▪ Trading spectrophotometry
- Transactions involving the illegal
trafficking of dangerous drugs and/or Drug Information Integrated Drug Test Operation and
controlled precursors and essential System (database) Management Information System
chemicals using electronic devices such as, (IDTOMIS)
but not limited to, text messages, e-mail,
Candidates for - Applicants for driver's license
mobile or landlines, two-way radios, internet,
Mandatory Drug - Applicants for firearm's license
instant messengers and chat rooms or acting Testing and for permit to carry Firearms
as a broker in any of such transactions - Officers and members of the
whether for money or any other military, police and other law
consideration in violation of this Act. enforcement agencies
- All persons charged with a
▪ Use criminal offense (with a possible
- Any act of injecting, intravenously or penalty of imprisonment not
intramuscularly, of consuming, either by less than six years and one
chewing, smoking, sniffing, eating, day)
swallowing, drinking or otherwise introducing - All candidates for public office
into the physiological system of the body, any
of the dangerous drugs. Candidates for - Students of secondary and
Random Drug tertiary schools
ARTICLE II UNLAWFUL ACTS AND PENALTIES SECTIONS:
Testing - Officers and employees of
4 – 35 public and private offices

ARTICLE III DANGEROUS DRUGS TEST AND RECORD SECTIONS:


Dangerous Drugs/ - Opium
REQUIREMENTS 41 – 46 Drugs of Abuse - Morphine
- Heroin
ARTICLE IV PARTICIPATION OF THE FAMILY, SECTIONS: - Cocaine or cocaine
STUDENTS, TEACHERS AND SCHOOL 41 – 46
AUTHORITIES IN THE ENFORCEMENT OF hydrochloride
THIS ACT - Methamphetamine
hydrochloride or "shabu"
ARTICLE V PROMOTION OF A NATIONAL DRUG-FREE SECTIONS:
WORKPLACE PROGRAM WITH THE 47 – 48 - Marijuana/resin/oil
PARTICIPATION OF PRIVATE AND LABOR
SECTORS AND THE DEPARTMENT OF Any of the following, but not limited to:
LABOR AND EMPLOYMENT
methylenedioxymethamphetamine
ARTICLE VI PARTICIPATION OF THE PRIVATE AND SECTIONS: (MDMA) or "ecstasy,"
LABOR 49 – 50
SECTORS IN THE ENFORCEMENT OF THIS paramethoxyamphetamine (PMA),
ACT
trimethoxyamphetamine (TMA),
ARTICLE VII PARTICIPATION OF SECTIONS: lysergic acid diethylamine (LSD),
LOCAL GOVERNMENT UNITS 51 – 53
gamma hydroxybutyrate (GHB), and
ARTICLE VIII PROGRAM FOR TREATMENT AND SECTIONS: those similarly designed drugs (and
REHABILITATION OF DRUG DEPENDENTS 54 – 76
their derivatives) without having any
ARTICLE IX DANGEROUS DRUGS BOARD AND SECTIONS: therapeutic value
PHILIPPINE DRUG ENFORCEMENT 77 – 86
AGENCY
Philippine President Gloria Macapagal-Arroyo
ARTICLE X APPROPRIATIONS, MANAGEMENT OF SECTIONS: who signed the
FUNDS AND ANNUAL REPORT 87 – 89 approval
ARTICLE XI JURISDICTION OVER SECTIONS:
DANGEROUS DRUGS CASES 90 – 93 Date of Approval June 7, 2002
ARTICLE XII IMPLEMENTING RULES AND SECTIONS:
REGULATIONS 94

ARTICLE XIII FINAL PROVISIONS SECTIONS:


95 – 102

BSMLS 𐰾� MUNOZ, HAZELYN S. 44


SEMESTER 2
TERM
MT LAWS MLS

L E C T U R E 𐰾 A.Y. 2023 – 2024


MODULE 17: CONCEPTS OF HEALTH AND DISEASE
004 03
▪ Health Care Providers DUTIES, RESPONSIBILITIES OF PATIENTS
- Attends to the needs of people in the ▪ Patients should communicate openly to healthcare
community providers
- Provide notable services at any time of the
day especially in emergency situations ▪ Patients should provide complete medical history
▪ Patients and physicians should mutually agree on
▪ Healthcare System the treatment and goals of therapy
- Is an organization of healthcare delivery ▪ Patients should pay the physicians and healthcare
system that caters to the health needs of the providers with just compensation for services rem
target population Patients should be committed to health
maintenance by demonstrating health enhancing
▪ WHO behavior
- Is empowered to coordinate and direct
people to meet and promote quality ▪ Patients should show concern for other people
healthcare system globally ▪ Patients should participate in medical education

PRIMARY GOAL: RIGHTS OF PATIENTS


“to promote quality health and state of wellness to
everyone” ▪ The right to information
▪ The right to choose medical care providers
COMPONENTS OF HEALTHCARE SYSTEM ▪ The right to self-determination
▪ Professional Organization
▪ The right to religious belief
▪ Internal System
▪ The right to medical records
▪ Healthcare Professionals
▪ The right to leave the hospital premises
▪ Individuals
▪ The right to refuse to be subject of medical
▪ Community research
▪ The right to express grievances
RIGHTS AND RESPONSIBILITIES OF
HEALTHCARE PROVIDERS
HEALTH AND WELLNESS
▪ Be treated with respect as a person
▪ HEALTH
▪ Be involved in whatever care they need - involves many conflicting disease
▪ Have a written agreement covering the services - Wellness on the other hand is used
the healthcare providers have agreed upon interchangeably
▪ Have the care and services be reviewed - The WHO defines health as "a complete
▪ Have privacy and confidentially of personal physical, mental, and social well-being and
information not the absence of illness or injury”
▪ Have a compensation that is just and fair - elusive since it involves judgement and
transparent, and accessible requires one to determine what is a good
▪ Have equal access to due process and life for him/her and the meaning of measure
opportunities of control over one's life.

▪ WELLNESS
EVERY HEALTHCARE PROVIDER ASSUMES THESE - Is discerned as a positive endpoint of the
COMMON RESPONSIBILITIES health continuum
▪ Respect the rights of patients
- Is treated as the sum or total of physical,
▪ Solicit informed consent from the patients before emotional, social, and spiritual well-being
treatment and examination that enables a person to achieve his/her full
▪ Provide basic first aid in case of emergency as potential for enjoyment of life
dictated by duty
▪ Attend to the needs of patients depending on the DETERMINANRS OF GOOD HEALTH
authority given Predisposing factors affecting human health:
▪ Host Factors
▪ Provide a seamless continuum care
▪ Social Factors
▪ Deliver services effectively and efficiently without
▪ Lifestyle
compromising quality
▪ Environmental Factors
▪ Spend public funds prudently and wisely
▪ Provide clear policy about healthcare professionals DIMENSIONS OF GOOD HEALTH
reporting concerns about risks for patients AND WELL BEING
▪ Respect healthcare personnel ▪ INTELLECTUAL DIMENSION
- Interaction of the mind with the
▪ Provide safe working environment
environment surrounding a person
▪ Ensure wheelchair accessibility
▪ ENVIRONMENTAL DIMENSION
▪ Ensure that continuous care is available - The health of the planet is discerned as the
▪ Be within reach, or on stand-by in a specific place reflection of personal health
▪ Provide on duty services ▪ FINANCIAL DIMENSION
▪ Render services within the required number of hours - The ability of a person to strategize the
financial input and output of the family

BSMLS 𐰾� MUNOZ, HAZELYN S. 45


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 3

▪ PHYSICAL DIMENSION
- Rooted in the fact that a healthy body can
be maintained by having good nutrition,
doing regular exercise, avoiding harmful
habits, making informed decision about
health, and consulting a physician of
necessary
▪ EMOTIONAL DIMENSION
▪ SPIRITUAL DIMENSION

CONCEPTS OF DISEASES
DISEASE
▪ defined as "pathological process” most often
associated with a physical or undetermined origin
▪ occurs whenever there is deviation from the normal
biological form
▪ is the result of maladjustment of humans and
other living organisms to the environment. It is a
condition characterized by:
o the impairment of bodily functions
o departure from a state of health
o alteration of the human body interrupting the
performance of virtual functions

ILLNESS
▪ feeling or unhealthy experience by the person
himself/herself

SICKNESS
▪ can be considered as a social role, status, or
negotiated position in the world, it may connote a
bargain
▪ struck between the person who is referred to as
sick and a society

THEORIES OF DISEASE CAUSATION


▪ THEORY OF HUMORS
- Refers to four humors: choleric,
melancholy, phlegmatic, and sanguine –
associated with air, water, earth, fire
- the four balanced and purified humors are
responsible for the normal growth
metabolism, and nutrition of organisms
▪ MIASMATIC THEORY OF DISEASE
- according to this theory, the cause of disease
is evidenced by the presence of poisonous
vapor in the air containing suspended
particles of decaying matter
▪ GERM THEORY OF DISEASE
- suggests that invisible organisms may
cause diseases.
▪ THEORY OF CONTAGION
- according to this theory, contagion can
occur by direct or indirect contact
through inanimate injects and done
through a long distance-transmission

VIRTUES OF HEALTHCARE PROVIDERS


CARDINAL VALUES
▪ Prudence
▪ Justice
▪ Fortitude
▪ Temperance

VIRTUES ACCORDING TO
PROFESSIONAL COPMMITMENTS
▪ Fidelity to trust
▪ Intellectual honesty
▪ Courage
▪ Benevolence
▪ Compassion
▪ Truthfulness

BSMLS 𐰾� MUNOZ, HAZELYN S. 46


MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 3

MODULE 18: HUMANS AND THEIR ACTS AND ACTIONS

NATURE OF MAN MORALITY OF HUMAN ACTS


Based on early Christian beliefs, a person is viewed through IF BESIDES THE GOOD EFFECTS DIRECTLY INTENDED IN
different perspectives: AN ACT, EVIL EFFECTS ARE FORESEEN AS LIKELY TO
1. AUGUSTINIAN DOCTRINE RESULT, THE ACT IS ILLICIT UNLESS IT FULFILLS THE
- a person is spiritually dead, such doctrine FOLLOWING CONDITIONS:
centers on the original sin, that is, from 1. That the evil effect be not directly intended
Adam and Eve
2. That the good effect intended be not produced by
2. PELAGIANISM means of the evil effect, for it is never allowed to do
evil so that good may come
- it regards to a person as spiritually well at
birth, and then he/she chooses his/her 3. That the good directly intended exceed the evil
own destiny. effects
- According to this doctrine, a person may 4. That the doer if the act be not under the obligation
reshape his/her destiny of averting the evil consequences in question

3. SEMI – PELAGIANISM IF THE ACT IS INTENDED FOR NO OTHER PURPOSES,


- a person is spiritually sic and only needs EXCEPT TO SERVE OTHERS THEN IT IS MORALLY GOOD,
the help of a higher power to assist him/her IN SOME OCCASIONS, THE CONDITIONS ARE PRESENT:
in his/her recovery
1. If the act done is praising the Supreme being
DISTINCTION BETWEEN HUMAN ACTS AND 2. If the act is a personal obligation or responsibility
ACTS OF HUMAN 3. If the act of doing good things to others is the doer's
▪ When a person does or chooses to do an act that is passion
done, it is referred to as – HUMAN ACT
4. If the act done may benefit the poor, weak, and
▪ when a person has no control over an act but still children
executes it, such thing is called – THE ACT OF A
HUMAN DETERMINANTS OF MORALITY
▪ Object of the act
PASSION AND HUMAN ACTS
▪ End or purpose of an act
▪ PASSIONS – what inspires a person to move
forward and achieve his/her aspiration. ▪ Circumstances of an act

TYPES OF PASSION INCLUDE: ACCOUNTABILITY FOR AND HINDRANCE


▪ Passion for solutions TO MORAL ACTS
▪ Passion for produce A person must be accountable for the acts done, whether
consciously or unconsciously or whether such action is
▪ Passion for industry
good or bad and regardless of the circumstances or end or
▪ Passion for growth purpose of the act.
▪ Passion for help
▪ There are hindrances to doing moral acts, which
▪ Passion for synergies
are described as follows:
o Subsistence
TWO GENERAL TYPES OF PASSION
▪ CONCUPISCIBLE o Protection
- Refers to the affection of the sensible o Affection
faculties that tend to appreciate the good or
o Understanding
evil
o Participation
▪ IRASCIBLE PASSION
- When good or evil apprehend as o Leisure
associated with difficulties or obstacles to o Creation
be overcome. o Identity
o Freedom
ESSENCE OF MORALITY
▪ The essence of morality may follow the saying that if
an act is commended and approved by ethical
reason, then such ACTION IS RIGHT.
▪ If an action has been disproved by ethical reason
and blamed others for the outcomes of such
actions, then it is MORALLY WRONG
▪ Some statements of truthfulness may be further
pointed out, which are as follows:
o Reason why our intellect approves some
act
o Reason why our intellect disproves other
acts
o Radical notion conveys them as good
COMMON VALUES OF A PERSON
▪ Dignity
▪ Collaboration
▪ Justice
▪ Stewardship
▪ Excellence

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 3

FOUR IMPORTANT DIGNITIES OF A PERSON


▪ Personal Identity
▪ Menschenwurde
▪ Merit
▪ Moral status

IGNORANCE
▪ It means lack of technical or theoretical knowledge
in the act of doing work, a task or anything in order
to prove
▪ any evidence of ignorance, the following conditions
must be present:
a. A person is not competent to do the job
b. He/she does not have any knowledge of its
consequence
c. He/she does not have any experience in
doing the job
d. He/she has the ability of discernment but
fails to execute the job because he/she has
no knowledge about the Job

NEGLIGENCE
▪ refers to a person's failure to use reasonable care.
▪ It can take two forms:
o failure to take action that a reasonable
person would do
o doing something that a reasonable person
would not do
▪ Some prerequisites to prove negligence are:
o Cause of Action
o Intervening Cause
o Proximate Cause
o Reasonable Care
o Duty

CONSCIENCE
▪ The conditions in which the dictates of
conscience are evident include:
o Healthcare extended to the patient
o Decision making in clinical management
o Establishing good rapport with colleagues
o Communications and correspondence

ELEMENTS OF TORTS AND MALPRACTICE


TORTS
▪ non-observance of the standard protocol in clinical
setting.
▪ They are committed when healthcare providers
violate the standard of care which they think is
nothing but the minimum healthcare threshold level
that they should be provided to the patient

COMMON TORTS:
▪ Assault
▪ Battery
▪ Intentional or Accidental damage to property

MEDICAL/LEGAL MALPRACTICE
▪ term used to describe breach of contract or
breach of fiduciary by any healthcare provider
which harm his/her patients

OTHER TYPES OF MALPRACTICE:


▪ Intentional torts
▪ Negligence
▪ Strict liability

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 3
MODULE 19 - 20: ABORTION EUTHANASIA

ABORTION CLASSIFICATION OF EUTHANASIA


▪ ABORTION A. VOLUNTARY EUTHANASIA
- Is defined as the termination of a - is conducted with the consent of the
pregnancy at any time within 9 – month patient.
period prior to childbirth - Voluntary euthanasia is LEGAL in:
o Belgium Luxembourg
TWO WAYS OF ABORTION: o Netherlands
o Taking a pill o Switzerland
o Undergoing surgical procedure o States of Oregon
o Washington
LEGALIZATION OF ABORTION
IN THE PHILIPPINES - If a person ends his or her life but this final
▪ In 1998, during the term of President Joseph action relies on the assistance of a doctor
Estrada members of House of Representatives then it is called PHYSICIAN-ASSISTED
- Engage in a hot debate whether to legalize SUICIDE
abortion procedures in the country for special
circumstances B. NON-VOLUNTARY EUTHANASIA
- conducted where the consent of the patient
▪ Catholic Bishop in the Philippines through is unavailable is termed nonvoluntary
spokesperson – Pedro Quitorio EX: children with severe brain damage,
- Aired dismay at the introduction of the bill, significant birth defects, gravelly ill and can
and since then many pro-life groups have only survive with life support
united and railed against the bill.
- CHILD EUTHANASIA is illegal
OPINION OF WOMEN WHO HAVE UNDERGONE worldwide but decriminalized in the
OR CONTEMPLATING AN ABORTION Netherlands under the Groningen
As bad as it may sound, in some medical cases, abortion may Protocol, which was created in September
be carried out to save the life of a mother. In UK the 2004 by Edward Verhagen – he is medical
Abortion Act of 1907 may permit the following cases: director of the Department of Pediatrics at
the University Medical Center Groningen
▪ The pregnancy involves a greater risk to the
in Groningen, the Netherlands.
mother's life than ending the pregnancy
▪ The pregnancy involves a greater risk of injury to C. INVOLUNTARY EUTHANASIA
the woman's physical or mental health than - applied to a patient who is capable of
ending the pregnancy giving consent but has not explicitly
▪ The pregnancy involves a greater risk to the requested aid in dying. This is considered a
physical or mental health of the woman's existing crime
children
D. PASSIVE EUTHANASIA
▪ There is a significant risk that the baby will be born
- is a type of euthanasia that involves
with serious physical or mental disability
withholding of medical treatment,
deliberately causing the patient's death.
RISKS OF ABORTION In such cases, the doctor does not do
▪ PHYSICAL RISK anything to bring about the patient's death,
- most physical complications from abortion the patient dies by way of not given
develop as a result of the incomplete medication or life support
evacuation of uterus infection, or injury
from instruments used during procedure. E. ACTIVE EUTHANASIA
- specific steps are carried out to cause the
▪ EMOTIONAL AND PSYCHOLOGICAL RISK
patient's death, such as injecting the
FACTORS patient with lethal substances or applying
- women who have experienced abortion force. An individual may use a euthanasia
have a much higher risk of developing on himself or herself.
long term clinical depression compared
with non-abortive women - EUTHANASIA DEVICE a machine that
helps a patient die without prolonging pain
EUTHANASIA
▪ is committed when a person's last act causes the - THANATRON a patented suicide machine
death of the patient invented by Dr. Jack Kevorkian in 1989.
The word thanatron is a Greek word which
▪ if the patient's last action causes his/her own
mean “death machines”. The device has
death, ASSISTED SUICIDE has taken place
push buttons that release drugs or
▪ derived from the Greek word meaning “good death” chemicals, and contain a bottle each of
▪ Euthanasia refers to the practice of ending a life in a saline or salt solution, sodium thiopental (a
manner that relieves pain and suffering coma-inducing drug). And a lethal mixture of
potassium chloride that immediately stops
▪ Euthanasia means easy deaths, or mercy killing it is
the heart.
the act of deliberately killing a person for the benefit of
the said person.
ROLES AND CONCERN OF THE SOCIETY ABOUT
PSYCHOLOGICAL FACTORS: EUTHANASIA
1. Depression ▪ PALLIATIVE CARE OVER EUTHANASIA: to
2. Conditions of Incontinence eliminate the option of euthanasia, WHO proposed
3. Loss of dignity that healthcare providers should simply manage the
4. Feeling like a burden or a dislike of being dependent conditions of the patients who can live as actively
on others possible until the moment of death.

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MT LAWS 2ND SEMESTER 𐰾 MEDICAL TECHNOLOGY LAWS AND BIOETHICS MLS 004 𐰾 TERM 3

▪ Readiness of the Philippine Society for


Euthanasia
- House Bill No. 546 also known as Magna
Carta for Patient's Rights (August 22,
2000) states that a patient has the right to
refuse diagnostic and medical treatment

ETHICAL CONSIDERATIONS OF EUTHANASIA


1. Norms and values of the society regarding what is
morally right
2. Norms and values that manifest in the person
himself/herself or within family members.

LEGAL ISSUES AND CONCERN OF EUTHANASIA


▪ The illegal conduct of euthanasia
▪ Power and wealth
▪ Classification as an assisted suicide
▪ Lack of consent of the victim's family members, or
relatives.

MORAL IMPLICATIONS
The two doctrines that support the argument against
euthanasia are:
▪ Hippocratic Oath
▪ Bible

The Hippocratic Oath which this sworn by new physicians to


practice medicine ethically, states: "I will give no deadly
medicine to anyone if asked, nor suggest any such counsel”

The Biblical counterpart of this is THE SIXTH


COMMANDMENT “Thou shall not kill”.

Opponents of euthanasia fear the danger of the slippery slope


wherein the practice of euthanasia will lead abuse and might
result in mercy killing, even if it is against the will of the patient.
On the other hand, supporters of euthanasia believe in the right
of a terminally ill person to avoid excruciating pain and to have
a dignified death. To them. prolonging the agony of the
patient and making the patient endure the unbearable pain
is considered as inhuman and unfair

BSMLS 𐰾� MUNOZ, HAZELYN S. 50

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