8/13/2019 lRight to Refuse Treatment

1/7

8/13/2019 lRight to Refuse Treatment

2/7

a. The patient has the right to selfdetermination, to make free decisions regarding himself. The physician shall informthe patient of the consequences of his decisions.

b. Patient who is mentally competent and of legal age or in his incapacity or age of minority his legal representatie,has a right to a clear explanation, in layperson(s terms, of all proposed or contemplated procedures whetherdiagnostic or therapeutic, including the identity and professional circumstances of the person or persons who willperform the said procedure or procedures.

The explanation shall include that amount of information necessary and indispensable for him to intelligently gie his consent whichmay include, but may not be limited to the benefits, risk and side effects, and the probability of success or failure, as a possible

consequence of said proposed procedure or procedures, including the implications of withholding consent. &n the explanation of theproposed procedure or procedures, the comprehensie ability of the patient shall also be considered taking into account his leel ofeducation, the dialect or language that he speaks and understands and if possible, the use of anatomic sketch, or otherwise the use ofthose materials or isual aids that may aid the patient or his legal representatie, in fully understanding the proposed procedure orprocedures. The right to informed consent shall likewise consider the oluntariness in which the patient or his legal representatie hasgien his consent seeing to it that the patient or his legal representatie was allowed to ask questions, or that he is gien the chance toconsult his kins, or to seek another expert opinion.

c. The unconscious patient

/+ &f the patient is unconscious or unable to express his will, informed consent must be obtained wheneerpossible from a legal representatie.

0+ "hen medical interention is urgently needed, consent of the patient may be presumed.

1+ Physicians should always try to sae the life of a patient unconscious due to a suicide attempt.

d. The legally incompetent patient

/+ &f a patient is a minor or legally incompetent the consent of a legally representatie is required. 2eertheless thepatient must be inoled in the decision making to the fullest extent allowed by his mental capacity.' patient, who is eighteen years of age and aboe, shall be considered, for purposes of this declaration, to be oflegal age.

0+ &f the legally incompetent patient can make rational decisions, his decisions must be respected, and he has the

right to forbid the disclosure of information to his legally representatie.1+ &f the patient(s legal representatie, forbids treatment but, in the opinion of the physician contrary to the patient(s

best interest, the physician may challenge this decision in court. &n case of emergency, the physician will act inthe patient(s best interest.

e. &n case of emergency, when there is no one who can gie consent in his behalf, the physician can perform any

emergency diagnostic or treatment procedure in the best interests of the patient.

-. Right to REFUSE DIAGNOSTIC AND MEDICAL TREATMENT

a. The patient has the right to refuse diagnostic and medical treatment procedures, proided that the fol lowingconditions are satisfied3

/+ 4e is of age twenty one and aboe, and mentally competent50+ 4e is informed of the medical consequences of his refusal5

1+ 4e releases those inoled in his care from any obligation relatie to the consequences of his decision5 and

6+ 4is refusal will not jeopardi!e public health and safety.

b. 'n adult with a sound mind may execute an adance directie for physicians not to put him on prolonged lifesupport if, in the future, his condition is such that there is little or no hope of reasonable recoery and the physicianshall therefore allow the natural course to happen. The qualifications listed as /, 0, 1, and 6, of the precedingproision 7,a., shall be considered as satisfied if a patient whose condition makes him unable to express his will,has executed an adance directie.

. Right to R!'u(! Pa"ti+i/atio# i# M!di+al R!(!a"+h

The patient has the right to be adised of plans to inole him in medical research that may affect the care or treatment of his condition.The proposed research shall be performed only upon the wr itten informed consent of the patient.

0. Right to R!ligiou( B!li!' a#d A((i(ta#+!

The patient has the right to receie spiritual and moral comfort including the help of a minister of his chosen religion.

. Right to P"i2a+ a#d Co#'id!#tialit

The patient has the right to priacy and protection from unwarranted publicity. This right to priacy shall include the patient(s right not tobe subjected to exposure, priate or public, either by photography, publications, ideotaping, discussion, medical teaching or by anyother means that would otherwise tend to reeal his person and identity and the circumstances under which he was, he is, or he will be,

under medical or surgical care or treatment.

8/13/2019 lRight to Refuse Treatment

3/7

a. 'll identifiable information about a patient(s health status, medical condition, diagnosis, prognosis and treatmentand all other information of a personal kind, must be kept confidential, een after death. %xcept, in cases whendescendants may hae a right of access to information that would inform them of their health risks.

b. 'll identifiable patient data must be protected. The protection of the data must be appropriate as to the manner ofits storage. 4uman substance from which identifiable data can be deried must be likewise protected.

c. 8onfidential information can be disclosed in the following cases3

*/+ when his mental or physical condition is in controersy in a court litigation and the court in its discretion orders

him to submit to physical or mental examination by a physician5*0+ when the public health and safety so demand5

*1+ when the patient or, in his incapacity, his legal representatie expressly gies the consent5

*6+ when his medical or surgical condition, without reealing his identity, is discussed in a medical or scientificforum for expert discussion for his benefit or for the adancement of science and medicine.

*9+ when it is otherwise required by law.

13. Right to Di(+lo(u"! o'4 a#d A++!(( to I#'o"$atio#

a. &n the course of his treatment and hospital care, the patient has the right to be informed of the result of theealuation of the nature and extent of his disease. 'ny other additional or further contemplated medical treatmentand surgical procedure or procedures.

b. Disclosure of information maybe withheld if the information to the patient wil l cause mental suffering or furtherimpair his health. -uch disclosure may be withheld or deferred at some future opportune time upon dueconsultation with the patient(s immediate family.

c. &nformation must be gien in a way appropriate to the local culture and in waier the patient can understand.

d. The patient has the right not to be informed on his explic it request, unless required for the protection of anotherperson(s life.

e. The patient has the right to choose who, if anyone, should be informed on his behalf.

f. The patient has the right to examine and be gien an itemi!ed bill of the hospital and medical serices rendered.

g. The patient or his legal representatie, has the right to be informed by the physician or his delegate of hiscontinuing health care requirements following discharge, including instructions about home medications, diet,physical actiity and all other pertinent information.

11. Right to Co""!(/o#d!#+! a#d to R!+!i2! 5i(ito"(

The patient has the right to communicate with relaties and other persons and to receie isitors subject to reasonable limits prescribedby the rules and regulations of the health care institution.

1%. Right to M!di+al R!+o"d(

The health care institution and the physician shall ensure and safeguard the integrity and authenticity of the medical records.

a. :pon the request of patient, the physician shall issue a medical certi ficate, a cl inical abstract to the patient upondischarge from the institution. 'ny releant document that the patient may require for insurance claims shall alsobe made aailable to him within a reasonable period of time.

b. 4e has the right to iew the contents of his medical records with the attending physician explaining contentsthereof and at his expense.

c. The patient may obtain from the health care institution a reproduction of his medical record at his expense.

1&. Right to H!alth Edu+atio#

%ery person has the right to health education that will assist him in making informed choices about personal health and about theaailable health serices. The education should include information about healthy lifestyles and about methods of preention and early

detection of illnesses. The personal responsibility of eerybody for his own health should be stressed. Physicians should hae anobligation to participate actiely in educational effor ts.

1*. Right to E6/"!(( G"i!2a#+!(

The patient has the right to express only alid complaints and grieances about the care and serices receied. Patients may expresstheir complaints and grieances with the %thics 8ommittee of the Philippine )edical 'ssociation through its component societies whichshall afford all parties concerned with the opportunity to settle amicably all grieances.

So+i!tal Right( o' Pati!#t(

8/13/2019 lRight to Refuse Treatment

4/7

&n addition to the indiidual rights of patients, patients hae societal rights which are as follows3

1. Right to H!alth$ The patient has the right to access quality health care and to physicians who arefree to render clinical and ethical judgment without interference or outside pressure. The patient has theright to regain and;or acquire the highest attainable standard of health, in a non discriminatory, gendersensitie, and equal manner, which health authorities and health practitioner must progressiely contributeto reali!e.

%. Right to A++!(( to Qualit Pu)li+ H!alth Ca"!$ The patient has a right from thenational and local goernment a comprehensie and integrated health care deliery system, proiding thenecessary manpower and facility resources. The patient has the right to functioning public health and healthcare facilities, goods and serices and programs needed and sufficient quantity. They shall likewise beproided with health facilities and serices with adequate proision of essential drugs, regular screeningprogram, appropriate treatment of prealent diseases, illnesses, injuries and disabilities, including proisionof public health insurance. Towards this end, the goernment shall approximate the international standardallocation for the health sector as set by the "orld 4ealth #rgani!ation.

&. Right to H!alth a#d Sa'! 7o"8/la+!$ The patient has the right to a healthy naturalworkplace enironment with adequate supply of safe and potable water and basic sanitation, industrialhygiene, preention and reduction of exposure to harmful substances, preentie measures foroccupational accidents and diseases, and an enironment that discourages abuse of alcohol, tobacco use,drug use and other harmful substances.

*. Right to M!di+al a#d Edu+atio# I#'o"$atio# a#d P"og"a$($ the patient has the

right to preention, medical information and education programs on immuni!ation, preention, treatmentand control of diseases, behaiorrelated concerns, and disaster relief and emergency situations duringepidemics and similar health ha!ards. The goernment shall endeaor to proide these information throughlectures, symposia, trimedia, posters and the like.

,. Right to Pa"ti+i/at! i# Poli+ D!+i(io#($ the patient has the right to participate in policydecisions relating to patient(s right to health at the community and national leels.

-. Right to A++!(( to H!alth Fa+iliti!(

The patient has the right to be admitted to any primary, secondary, ter tiary and other specialty hospitalswhen appropriate and necessary.

. Right to E9uita)l! a#d E+o#o$i+ U(! o' R!(ou"+!(

The patient has the right to demand that goernment health facility resources must be equitably distributedin all regions of the country.

0. Right to Co#ti#ui#g H!alth Ca"!

The patient has the right from the national and local goernment programs to ensure continuity of care inthe form of hospice care, rehabilitation, chemotherapy, and radiotherapy and similar modalities.

. Right to B! P"o2id!d Qualit H!alth Ca"! i# Ti$!( o' I#(ol2!#+

The patients who are paupers hae the right from the national and local goernment proisions for qualitymedical care in spite of insolency. The national and local goernment must proide for a system ofpayment to health care facilities and proiders for all the alid and necessary medical expenses of theirpoor and marginali!ed citi!ens.

D!+la"atio# o' O)ligatio#(

Th! O)ligatio# o' Pati!#t($ Patients shall at all times fulfill their obligations and responsibilities regarding medical care andtheir personal behaior.

8/13/2019 lRight to Refuse Treatment

5/7

8/13/2019 lRight to Refuse Treatment

6/7

8/13/2019 lRight to Refuse Treatment

7/7

I#+lu(io# i# S+hool Cu""i+ulu$ a#d Li+!#(u"! E6a$i#atio#($ the proisions of the 'ct shall be included inthe medical and medical related school curriculum and licensure examinations.

Rul!( a#d R!gulatio#($ The Philippine )edical 'ssociation, in consultation wi th the -ecretary of 4ealth, Philippine 4ospital'ssociation and concerned people(s organi!ations like the People(s 4ealth "atch, shall promulgate the rules and regulations for itsimplementation.

Presented and submitted during the public hearing at the 4ouse of epresentatie on 'ugust /7, 0