BILL of rights

"Magna Carta of Patient's Rights and Obligations."

Section 1. Short Titie. - This Act shall be known as the : _______

261

hopuse bill : _____

Sec 2 Declaration of Policy

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.

Definition of terms

sec 3 is known as

Advanced Directives

is a document with written instructions made by a person before he/she reaches the terminal phase of a terminal iliness or a persistent vegetative state and incapable of making decisions about medical treatment when the question of administering the treatment arises.

Emergency

an unforeseen combination of circumstances which is unanticipated and episodic, life-threatening; and there is disability of function which calls for immediate medical intervention to preserve the life and limb of a person and/or patient as may be detemined by a responsible health care worker.

Health care

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

Health care institution

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

Health care professional / practitioner

any physician, dentist, nurse, phamacist or paramedical and other supporting health personnel, including, but not limited to, medical and dental technicians and technologists, nursing aides, therapists, nutritionists trained in health care and/or duly registered and licensed to practice in the Philippines as well as traditional and altemative health care practitioners.

Health Maintenance Organization

any entity licensed by the appropriate govemment regulatory agency, which arranges for coverage designated health service needed by plan members for a fixed prepaid premium.

Human Experimentation

the physician's departure from standard medical practice of treatment for the purpose of obtaining new knowledge or testing a scientific hypothesis on human subjects.

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 of a person to undergo or be subjected to a procedure or other bodily intervention based on his understanding of the relevant consequences of receiving a particular

Treatment, as clearly, truthfully and reasonably explained by the health care provider in a manner and language understandable to the patient. Such permission must be in writing.

Mass media

embraces means of communication that reach and influence large numbers of people, including print media, especially newspapers, periodicals, 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.

Medically necessary

a service or procedure which is appropriate and consistent with diagnosis and which, using accepted standards of medical practice, could not be omitted without adversely affecting the patient's condition.

Patient

a person who avails himself or herself of health and medical care 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 suspension of certain rights of patients.

Terminal Care

is an array of services offered by a team of doctors, nurses, therapists, social workers, clergy and volunteers which provide active total care directed at maintaining or improving the comfort of a person suffering from terminal illness, including the management of pain and physical symptoms, and the provision of spiritual, psychological and emotional support for the person and his family in an institution, a hospital or at the patient's home.

Terminal care

Care does not hasten nor postpone death. It affirms life and regards dying as a normal process. Care continues so that the remaining life can be lived to the fullest until a dignified and peaceful death comes in the terminal phase of the person's illness.

Terminal illness

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 nonindigenous 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/

Declaration of rights

title III: _________

Sec 4 The rights of patients

The following rights of the patient shall be respected by all those involved in his care:

1 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.

2 Right to informed consents

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:

1. patient is dyiing, at harm

2. health of population depend on mass health program ( epidemic)

3. when law says so

4. when patinet is minor, legally incompetent ( but third party must be present)

5. When disclosure will jeopardize success of treatment

6. pAtient waives his right in writing

when is Consent not mandatory? ( right to informed consent)

i. spouse;

ii. son or daughter of legal age;

lii. either parent;

iv. brother or sister of legal age, or

v. guardian

Informed consent shall be obtained from a patient concerned if he is of legal

age and of sound mind. In case the patient is incapable of giving consent and a third

party consent is required, the following persons, in the order of priority stated hereunder, may give consent:

3 Right to privacy and Confidentiality

The privacy of the patients must be assured at all stages of his treatment.

Right to information

are, the patient or his/her legal guardian has a right to be informed of the resutt of the evaluation of the nature and extent of his/her disease, any other additional …..

5 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 facility or when public health and safety so

demands or when the patient expressly waives this right in writing.

5 right to choose health care provider and facility

The patient has the right to discuss his condition with a consultant specialist, at the patient's request and expense. He also has the right to seek for a second opinion and subsequent opinions, if appropriate, from another health care provider/ practitioner.

6 Right to Self Determination

The patient has the right to avail himself/herself of any recommended diagnostic and treatment procedures. Any person of legal age and of sound mind may make an advance written directive for physicians to administer terminal care when he/she suffers from the terminal phase of a terminal iliness:

Provided That

a) he is informed of the medical consequences of his choice;

b) he releases those involved in his care from any obligation relative to the consequences of his decision;

c) his decision willnot prejudice public health and safety.

7 right to Religous 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: Provided, That such a right shal! not be imposed by parents upon their children who have not reached the legal age in a life threatening situation as determined by the attending physician or the medical director of the facility.

8 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. At his expense and upon discharge of the patient, he may obtain from the health care institution a reproduction of the same record whether or not he has fully settied his financial obligation with the physician or institution concerned.

45 days

Right to MEdical Record

The health care institution shall issue a medical certificate to the patient upon request. Any other document that the patient may require for insurance claims shall also be made available to him within_______ days from request.

9 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.

10) 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:

11) 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.

12 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 shall afford all parties concerned with the opportunity to settle amicably all grievances.

13 Right to be Informed of His Rights and Obligations as a Patient. -

The Department of Health, in coordination with health care providers, professional and civic groups, the media, health insurance corporations, people's organizations, local government organizations, shall launch and sustain a nationwide information and education campaign to make known to people their rights as patients, as declared in this Act. Such rights and obligations of patients shall be posted in a bulletin board conspicuously placed in a health care institution.

Sec 5 Societal Rights of Patient

Section 5 is known as?

Sec 5 Societal Rights of Patient

in addition to the individual rights of patients, the patient has likewise their societal rights.

1 Right to health

The patient has the right to regain and/or acquire the highest attainable standard of health, in a non-discriminatory, gender sensitive, and equal manner, which health authorities and health practitioner must progressively contribute to realize.

2) Right to Access to Quality Public Health Care.

The patient has the right of functioning public health and health care facilities, goods and services and programs needed and sufficient quantity. They shall likewise be provided with health facilities and services with adequate provision of essential drugs, regular screening program, appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, including provision of public health insurance. Towards this end, the govemment shall, as far as practicable, approximate the international standard allocation for the health sector as set by the World Health Organization.

Right to Healthy and Safe Workspace

The patient has the right to a healthy natural workplace environment with adequate supply of safe and potable water and basic sanitation, industrial hygiene, prevention and reduction of exposure to harmful substances, preventive measures for occupational accidents and diseases, and an environment that discourages abuse of alcohol, tobacco use, drug use and other harmful substances.

4) Right to Prevention and Education Programs.

The patient has the right to prevention and education programs on immunization, on the prevention,

treatment and control of diseases, for behavior-related concems, for disaster relief

and emergency situations during epidemics and similar health hazards.

5) Right to Participate in Policy Decisions.

The patient has the right to participate in policy decisions relating to patient's right to health at the community and national levels.

Declaration of Obligations

title IV: _______________

Sec 6 the obligation of patient

Patients shall at all times fulfill their obligations and responsibilities regarding medical care and their personal behavior.

1. know rights

The patient shall ensure that he/she knows and understands what the patients' rights are and shall exercise those rights responsibly and reasonably.

2. Provide Accurate and Complete Information.

The patient shall provide, to the best of his knowledge, accurate and complete information about all matters pertaining to his/her health, including medications and past or present medical problems to his/her health care provider.

3. Report Unexpected Health Changes.

It shall be the duty of every patient to report unexpected changes to his/her condition or symptoms, including pain, to a member of the health care team.

4. Understand Purpose and Cost of Treatment.

The patient shall ensure that he/she understands the purpose and cost of any proposed treatment or procedure before deciding to accept it. He/she shall notify the health care provider or practitioner if he/she does not understand any information about his/her care or treatment. The patient shall insist upon explanations until adequately informed and consult with all relevant persons before reaching a decision.

5. Accept Consequences of Own informed Consent. -

The patient shall accept all the consequences of the patient's own informed consent. If he/she refuses treatment or do not follow the instructions or advice of the health care provider or practitioner, he/she must accept the consequences of his/her decision and thus relieve the heaith care provider or practitioner of any liability.

6. Settle Financial Obligations.

The patient shall ensure that financial obligations of his/her health care are fulfilled as promptiy as possible, otherwise, he/she shall make appropriate arrangements to settle unpaid bills in the hospital and/or professional fees of the health care provider through post-dated checks or promissory notes or any similar medium.

7. 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.

8. Exhaust Grievance MEchanism

The patient shall first exhaust the grievance mechanism provided in this Act before filing any administrative or legal action

Grievance Mechanism

title V: ______________

Sec 7 Mediation

Any written complaint arising from violation of any of the right of patients under Section 4 of this Act shall first be submitted for mediation. There shall be two (2) forms of mediation, namely:

• hospital-based mediation and

• non-hospital-based mediation.

Hospital based mediation

composed of a grievance officer appointed and designated permanently by the hospital who shall act as Chairperson and two (2) physicians agreed upon by both parties, as members.

Non hospital based mediation

composed of the Local Health Officer as Chairperson and the Barangay Human Rights Action Officer and representative each from the Philippine Medical Association, the Council of Health Practitioner Association and the Philippine Institute of Traditional and Altemative Health Care, and the designated people's organization, as members.

Sec. 8. No-fauit Arbitration Process.

If and when the complaint is not resoived through mediation within the prescribed period, the complainant has the option to file a case for settiement at the __________________. However, only complaints arising from treatment causing physical injuries shall proceed to this arbitration process.

Sec 9 Precriptive 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.

Miscellaneous Provisions

Title VI: __________

Sec. 10. inciusion In School Curriculum, Licensure Examinations and Training.

The provisions of this Act shall be included in the medical and medicalrelated school curriculum and licensure examinations, including trainings and seminars of traditional and altemative health care providers or practitioners.

Sec. 11. Rules and Regulations.

The Secretary of Health, in consultation with the Philippine Medical Association, the Philippine Hospital Association, the Philippine Institute of Traditional and Altemative Health Care, Philippine Health Insurance Corporation and concemed private agencies, the People's Health Watch, other non-govemmental organizations and concemed people's organizations, shall promulgate such rules and regulations as may be necessary for its implementation within One Hundred Eighty (180) days from the effectivity of this Act. The Implementing Rules and Regulations of this Act shall identify specific conditions under which the individual rights of patients, as stipulated in Subsections 3, 6, 7 and 9 of Section 4 hereof, may be curtained or suspended in the interest of public health and safety.

Sec 12 Repealling Clause

All Acts, Executive Orders, Rules and Regulations, or parts thereof that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec 13 Effectivity

This Act shall take effect fifteen (15) days after the date of its publication in at least two (2) major newspapers of general circulation.