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This page features the full text of
Republic Act No. 8344
AN
ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO
ADMINISTER
APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR
SERIOUS
CASES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 702, OTHERWISE
KNOWN
AS "AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR
THE
CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS
IN
CERTAIN CASES".
REPUBLIC
ACT NO. 8344AN
ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO
ADMINISTER
APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR
SERIOUS
CASES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 702, OTHERWISE
KNOWN
AS "AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR
THE
CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS
IN
CERTAIN CASES".
Section
1. Sec. 1 of Batas Pambansa
Bilang 702 is hereby amended to read as follows:
"Sec.
1. In emergency or serious cases,
it shall be unlawful for any proprietor, president, director, manager
or
any other officer, and/or medical practitioner or employee of a
hospital
or medical clinic to request, solicit, demand or accept any deposit or
any other form of advance payment as a prerequisite for confinement or
medical treatment of a patient in such hospital or medical clinic or to
refuse to administer medical treatment and support as dictated by good
practice of medicine to prevent death or permanent disability:
Provided,
That by reason of inadequacy of the medical capabilities of the
hospital
or medical clinic, the attending physician may transfer the patient to
a facility where the appropriate care can be given, after the patient
or
his next of kin consents to said transfer and after the receiving
hospital
or medical clinic agrees to the transfer: Provided, however, That when
the patient is unconscious, incapable of giving consent and/or
unaccompanied,
the physician can transfer the patient even without his consent:
Provided,
further, That such transfer shall be done only after necessary
emergency
treatment and support have been administered to stabilize the patient
and
after it has been established that such transfer entails less risks
than
the patient's continued confinement: Provided, furthermore, That no
hospital
or clinic, after being informed of the medical indications for such
transfer,
shall refuse to receive the patient nor demand from the patient or his
next of kin any deposit or advance payment: Provided, finally, That
strict
compliance with the foregoing procedure on transfer shall not be
construed
as a refusal made punishable by this Act."chan
robles virtual law library
Sec.
2. Section 2 of Batas Pambansa
Bilang 702 is hereby deleted and in place thereof, new sections 2, 3
and
4 are added, to read as follows:chanroblesvirtualawlibrary
"Sec.
2.For purposes of this Act, the following
definitions shall govern:chanroblesvirtualawlibrary"(a) 'Emergency'
—
a condition or state of a patient wherein based on the objective
findings
of a prudent medical officer on duty for the day there is immediate
danger
and where delay in initial support and treatment may cause loss of life
or cause permanent disability to the patient.
chanrobles virtuallaw libraryred"(b) 'Serious
case' — refers to a condition of a patient characterized by gravity
or danger wherein based on the objective findings of a prudent medical
officer on duty for the day when left unattended to, may cause loss of
life or cause permanent disability to the patient.chan
robles virtual law library
"(c) 'Confinement'
— a state of being admitted in a hospital or medical clinic for medical
observation, diagnosis, testing, and treatment consistent with the
capability
and available facilities of the hospital or clinic.
"(d) 'Hospital'
— a facility devoted primarily to the diagnosis, treatment and care of
individuals suffering from illness, disease, injury or deformity, or in
need of obstetrical or other medical and nursing care. It shall also be
construed as any institution, building or place where there are
facilities
and personnel for the continued and prolonged care of patients.
"(e) 'Emergency
treatment and support' — any medical or surgical measure within the
capability of the hospital or medical clinic that is administered by
qualified
health care professionals to prevent the death or permanent disability
of a patient.
"(f) 'Medical
clinic' — a place in which patients can avail of medical
consultation
or treatment on an outpatient basis.
"(g) 'Permanent
disability' — a condition of physical disability as defined under
Article
192-C and Article 193-B and C of
Presidential Decree No 442; as amended, otherwise known as the Labor
Code
of the Philippines.
"(h) 'Stabilize'
— the provision of necessary care until such time that the patient may
be discharged or transferred to another hospital or clinic with a
reasonable
probability that no physical deterioration would result from or occur
during
such discharge or transfer.
"Sec.
3. After the hospital or medical
clinic mentioned above shall have administered medical treatment and
support,
it may cause the transfer of the patient to an appropriate hospital
consistent
with the needs of the patient, preferably to a government hospital,
specially
in the case of poor or indigent patients.chan
robles virtual law librarychanrobles virtuallaw libraryred"Sec.
4. Any official, medical practitioner
or employee of the hospital or medical clinic who violates the
provisions
of this Act shall, upon conviction by final judgment, be punished by
imprisonment
of not less than six (6) months and one (1) day but not more than two
(2)
years and four (4) months, or a fine of not less than Twenty thousand
pesos
(P20,000.00), but not more than One hundred thousand pesos
(P100,000.00)
or both, at the discretion of the court: Provided, however,
That
if such violation was committed pursuant to an established policy of
the
hospital or clinic or upon instruction of its management, the director
or officer of such hospital or clinic responsible for the formulation
and
implementation of such policy shall, upon conviction by final judgment,
suffer imprisonment of four (4) to six (6) years, or a fine of not less
than One hundred thousand pesos (P100,000.00), but not more than Five
hundred
thousand pesos (P500,000.00) or both, at the discretion of the court."
Sec.
3. Section 3 of Batas Pambansa
Bilang 702 is hereby repealed.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
4. Section 4 of Batas Pambansa
Bilang 702 shall become Section 5 thereof and shall be amended to read
as follows:chanroblesvirtualawlibrary
"Sec.
5. The Department of Health shall
promulgate the necessary rules and regulations to carry out the
provisions
of this Act."chan
robles virtual law library
Sec.
5. This Act shall take effect
fifteen (15) days after its publication in two (2) national newspapers
of general circulation.
Approved:
August 25, 1997
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