Bill of Rights - Patients

Magna Carta for Patient's Rights and Obligations

Section 1: Short Title

It shall be the policy of the State to protect and promote the right to health of the people and instill health and consciousness among them. It shall likewise be the policy of the State for Congress to give the highest priority to the enactment of measures that protect and enhance the right of all people to human dignity. Towards this end, the State shall ensure, provide and protect the rights of patients to decent, humane and quality health care.

Section 2: Delaration of Policy

Advance Directive

is a document with written instructions made by a person before he/she reaches the terminal phase of a terminal illness or a persistent vegetative state and incapable of making decisions about medical treatment when the question of administering the treatment arises.
It includes, but is not limited to, a health care proxy or a living will. It is preferably, a duly notarized document executed by a person of legal age and of sound mind, upon consultation with a physician and family members. Health care providers are to administer terminal care when the person executing such directive reaches the terminal phase of his/her terminal illness.

Emergency

refers to unforeseen circumstances which is urgent and usually dangerous to health, wherein there is disability of function or threat to life, and any action to preserve the life and restore health or alleviate suffering must be determined by a responsible health care worker.

Health Care

measures taken by a health care provider or that are taken by the health care institution in order to determine a patient's state of health or to improve it.

Health Care Institution

- a site devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, or deformity or in need of obstetrical or other medical services.

any physician, dentist, nurse, pharmacist, paramedic and other supporting health personnel, medical or surgical technologists, physical and occupational therapists, nursing aides, therapists, nutritionists trained in health and/or duly registered and licensed to practice in the Philippines as well as traditional and alternative health care practitioners

Indigent Patient

a patient who has no visible means of income or whose income is insufficient for the subsistence of his family.

Informed Consent

the voluntary agreement by a person to undergo or be subjected to a procedure based on a full and explicit understanding of the relevant consequences of performing a particular treatment in a clear and readily and understandably language. The patient must be mature and language understandable to the patient must be employed.

Mass Media

embraces means of communication that reach and influence large numbers of people, including print media, especially newspapers and popular magazines, radio, television, and movies, and involved in the gathering, transmission and distribution of news, information, messages, signals and all forms of written, oral and visual communications.

Media Practitioner

any person who is engaged in the practice of mass media.

Patient

a person who avails himself of health and medical services or is otherwise the subject of such services.

Public health and safety

the state of well-being of the population in general; the protection of which may require the curtailment or suppression of the rights of the individual.

is an array of services offered by a team of doctors, nurses, therapists, social workers, clergy and volunteers which provide comfort and relief aimed at minimizing suffering and improving the quality of life of a patient suffering from an incurable disease or condition.

Terminal Illness

is an illness or condition resulting in death within the foreseeable future.

Terminal Phase

is the stage of terminal illness when there is no real prospect of recovery or remission of symptoms on either a permanent or temporary basis.

Traditional and Alternative Health Care

the sum total of knowledge, skills, and practices on health care, other than those embodied in biomedicine, used in the prevention, diagnosis and elimination of physical or mental disorder.

Traditional and Alternative Health Care Practitioner/Provider

a person who practices other forms of non-allopathic, occasionally non-indigenous or imported healing methods, such as reflexology, acupuncture, massage, acupressure, chiropractic, nutritional therapy, and other similar methods.

Unwarranted Public Exposure

a situation where the patient is subjected to exposure, private or public, either by photography, publication, videotaping, discussion, TV broadcasting or radio broadcasting, or by any other means that would otherwise tend to reveal his person or identity and circumstances under which he has or will be under medical or surgical treatment without his/her consent.

The Rights of Patient

Section 4

Right to Appropriate Medical Care and Humane Treatment

Every person has a right to health and medical care corresponding to his state of health, without any discrimination and within the limits of the resources, manpower and competence available for health and medical care at the relevant time.

Right to Informed Consent

The patient has a right to a clear, truthful and substantial explanation, in a manner and language understandable to the patient, of all proposed procedures, whether diagnostic, preventive, curative, rehabilitative or therapeutic, wherein the person who will perform the said procedure shall provide his name and credentials to the patient, possibilities of any risk of mortality or serious side effects, problems related to recuperation, and probability of success and reasonable risks involved: Provided, That the patient will not be subjected to any procedure without his written informed consent, except in the following cases:

Right to Privacy and Confidentiality.

The privacy of the patients must be assured at all stages of his treatment. The patient has the right to be free from unwarranted public exposure, except in the following cases: a) when his mental or physical condition is in controversy and the appropriate court, in its discretion, order him to submit to a physical or mental examination by a physician; b) when the public health and safety so demand; and c) when the patient waives this right in writing.

Right to Information

in the course of his/her treatment and hospital care, the patient or his/her legal guardian has a right to be informed of the result of the evaluation of the nature and extent of his/her disease, any other additional or further contemplated medical treatment on surgical procedure or procedures, including any other additional mediciness to be administered and their generic counterpart including the possible complications and other pertinent facts, statistics or studies, regarding his/her illness, any change in the plan of care before the change is made, the person's participation in the plan of care and necessary changes before its implementation, the extent to which payment maybe expected from Philhealth or any payor and any charges for which the patient maybe liable, the disciplines of health care practitioners who will fumish the care and the frequency of services that are proposed to be furnished.

The Right to Choose Health Care Provider and Facility

The patient is free to choose the health care provider to serve him as well as the facility except when he is under the care of a service faciilty or when public health and safety so demands or when the patient expressly waives this right in writing.

Right to Self-Determination

The patient has the right to avail himself herself of any recommended diagnostic and treatment procedures.

Right to Religious Belief

The patient has the right to refuse medical treatment or procedures which may be contrary to his religious beliefs, subject to the limitations described in the preceding subsection.

Right to Medical Records

The patient is entitled to a summary of his medical history and condition. He has the right to view the contents of his medical records, except psychiatric notes and other incriminatory information obtained about third parties, with the attending physician explaining contents thereof

Right to Leave

The patient has the right to leave hospital or any other health care institution regardless of his physical condition: Provided, That a) he/she is informed of the medical consequences of his/her decision/ b) he/she releases those involved in his/her care from any obligation relative to the consequences of his decision; c) his/her decision will not prejudice public health and safety

Right to Refuse Participation in Medical Research

The patient has the right to be advised if the health care provider plans to involve him in medical. research, including but not limited to human experimentation which may be performed only with the written informed consent of the patient: Provided, That, an institutional review board or ethical review board in accordance with the guidelines set in the Declaration of Helsinki be es established for research involving human experimentation: Provided, further. That the Department of Health shall safeguard the continuing training and education of future health care provider/practitioner to ensure the development of the health care delivery in the country: Provided, furthermore, That the patient involved in the human experimentation shall be made. aware of the provisions of the Declaration of Helsinki and its respective guidelines.

Right to Correspondence and to Receive Visitors

The patient has the right to communicate with relatives and other persons and to receive visitors subject to reasonable limits prescribed by the rules and regulations of the health care institution.

Right to Express Grievances

The patient has the right to express complaints and grievances about the care and services received without fear of discrimination or reprisal and to know about the disposition of such complaints. Such a system shail afford all parties concerned with the opportunity to settle amicably ali grievances.

Right to be informed of His Rights and Obligations as a Patient.

Every person has the right to be informed of his rights and obligations as a patient.

Societal Rights of the Patient

Section 5

Relation to Others

The patient shall so conduct himself or herself so as not to interfere with the well-being or rights of other patients or providers of health care. He/she shall act in a considerate and cooperative manner, respect the rights and property of others and follow the policies and procedures of the health care establishment.

Mediation

Section 7

The obligation of patients

Section 6

No-fault Arbitration Process

Section 8

No-fault Arbitration Process

If and when the complaint is not resolved through mediation within the prescribed period, the complainant has the option to file a case for settlement at the no-fault arbitration process. However, only complaints arising from treatment causing physical injuries shall proceed to this arbitration process.

Prescriptive Period

Section 9

Prescriptve Period

The time during which the case is submitted for mediation shall toll the running of the prescriptive period for the filing of a civil or criminal case under the Revised Penal Code or any administrative case under existing laws.