Title 111: Declaration
of
Rights
Sec.
4.
The
Rights of Patients.
-
The following rights
of
the patient shall berespected 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.The patient has the right to appropriate health and medical care
of
good quality.In the course of such care,
his
human dignity, convictions, integrity, individual needs and culture shall be respected.If any person cannot immediately be given treatment that
is
medically necessary he shall, depending on
his
state of health, either be directed to wait for care, or be referred or sent for treatment elsewhere, where the appropriate care can be provided. If the patient has to
wait
for
care, he
shall
be informed of the reason for the delay.Patients
in
emergency shall
be
extended immediate medical
care
and
treatment
without any deposit, pledge, mortgage or any form
of
advance payment for treatment.
(2)
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:
a.
in
emergency cases, when the patient is at imminent risk
of
physical injury,decline
or
death
if
treatment
is
withheld or postponed. In such cases, the physician can perform any diagnostic or treatment procedure as good practice of medicine dictates
without
such consent;
b.
when the health of the population is dependent on the adoption
of
a mass health program
to
control epidemic;
c.
when the law makes it compulsory for everyone to submit
to
a procedure;
d.
when the patient
is
either
a
minor, or legally incompetent, in which case, a third party consent is required;
e.
when disclosure
of
material information
to
patient will jeopardize the success of treatment, in which case, third party disclosure and consent shall be in order;
f.
when the patient waives his right in writing.
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 here under, may give consent:
i.spouse;
ii.son or daughter of legal age;
iii.either parent;
iv.brother or sister of legal age,
or v.guardian
If
a
patient is a minor, consent shall be obtained from his parents or legal guardian.
If
next
of
kin, parents
or
legal guardians refuse to give consent to a medical or surgical procedure necessary
to
save the life or 1imb
of
a minor or a patientincapable of giving consent, courts, upon the petition
of
the physician or any person interested in the welfare of
the
patient, in
a
summary proceeding, mayissue an order giving consent.
(3)
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, orders
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.
The patient has
the
right to demand that all information, communication
and
records pertaining to his care be treated as confidential. Any health care provider or practitioner involved in the treatment of a patient and all those who have legitimate access to the patient's record
is
not authorized
to
divulge any information to
a
third party who has no concern
with
the care and welfare of the patient without his consent, except:
a)
when such
disclosure
will
benefit public health
and
safety;
b)
when it
is
in the interest
of
justice and upon the order of a competent court;
and
c)
when the patients waives in writing the confidential nature of such information;
d) when it is needed for continued medical treatment
or
advancement
of
medical science subject to de-identification
of
patient and shared medical confidentiality for those who have access to the information.Informing the
spouse or the
family to the
first
degree of the patient’s medical condition may be allowed;
Provided,
That the patient of legal age
shall
have the right to choose
on
whom to inform. In case the patient
is
not of legal age or
is
mentally incapacitated, such information shall be given
to
the parents, legal guardian or his next of kin.
4)
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 medicines 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 may be expected from Philhealth or any pay or and any charges for which the patient maybe liable, the disciplines of health care practitioners who will furnish the care and the frequency
of
services that are proposed to be furnished.The patient or his legal guardian has the right
to
examine and be given
an
itemized bill
of
the hospital and medical services rendered in the facility or by his/her physician and other health care providers, regardless of the manner and source
of
payment.
He
is
entitled to a thorough explanation of such bill.The patient or his/her legal guardian has the right to be informed by the physician or his/her delegate of his/her continuing health care requirements following discharge, including instructions about home medications, diet, physical activity and all other pertinent information to promote health and well-being.
At
the end
of
his/her confinement, the patient
is
entitled to a brief, written summary of the course of his/her illness which shall include at least the history, physical examination, diagnosis, medications, surgical procedure, ancillary and laboratory procedures, and the plan of further treatment, and which shall be provided by the attending physician. He/she
is
likewise entitled
to
the explanation of, and
to
view, the contents of the medical record of his/her confinement but
with
the presence of his/her attending physician or in the absence
of
the attending physician, the hospital’s representative. Notwithstanding that he/she may not be able to settle his accounts
by
reason of financial incapacity, he/she is entitled to reproduction,
at
his/her
expense,
the pertinent part
or
parts of the medical record the purpose or purposes of which he shall indicate in his/her written request for reproduction. The patient shall likewise be entitled
to
medical certificate,
free
of charge, with respect to his/her previous confinement.The patient
has
likewise the right not to be informed, at his/her explicit request.
(5)
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 facility or when public health
and
safety so demands or
when the patient expressly or impliedly waives this right.
The patient has the right to discuss his condition with a consultant specialist, atthe patient’s request and expense. He also has the right to seek for a secondopinion 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 illness:
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 will not prejudice public health and safety.
(7)
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:
Provided,
That such a right shall 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 settled his financial obligation with the physician or institution concerned.The health care institution shall safeguard the confidentiality of the medical records and
to
likewise ensure the integrity and authenticity of the medical records and shall keep the same within a reasonable time
as
may be determined by the Department of Health.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
a
reasonable period
of
time.
(9
)
Right to Leave
.
-
The patient has the right to leave
a
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
No
patient shall be detained against his/her will in any health care institution on the sole basis
of
his failure
to
fully settle is financial obligations. However, he/she shall only be allowed
to
leave the hospital provided appropriate arrangements have been made to settle
the
unpaid bills:
Provided,
farther,
that unpaid bills of patients shall be considered
as
lost
income
by the hospital and health care provider/practitioner and shall be deducted from gross income as income
loss
for that particular year.
(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.
Provided, further,
That,
an
institutional review board
or
ethical review board in accordance with the guidelines set in the Declaration of Helsinki be established for research involving human experimentation:
Provided,
finally,
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.
(11)
Right
to
Correspondence and
to
Receive Visitors -
The patient has the rightto communicate with relatives and other persons and to receive visitors subject toreasonable limits prescribed by the rules
and
regulations of the health careinstitution.
(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.The Secretary of Health, in consultation
with
health care providers, consumer groups and other concerned agencies shall establish
a
grievance system wherein patients may seek redress
of
their grievances. 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.
–
Every person has the 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 &d obligations of patients shall be posted in a bulletin board conspicuously placed in a health
care
institution.It shall be the duty
of
health care institutions to inform patients of their rights
as well as the institution's rules and regulations that apply to the conduct
of
the patient while in the care of such institution.
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