Republic of the Philippines

YOUTH CONGRESS

EXPLANATORY NOTE

All patients have the right to choose the healthcare providers that would them access to high-quality healthcare. Patients have the right to be treated with respects, with appreciation of their individual dignity and with protection of their need for privacy and also handle them with care. By reason to these rights, all patients must be given the right to choose the gender of their healthcare personnel that would attend to their needs including their sanitary needs. Patients will keeps in safety, particularly, the women and mental health patients, of their right to be free from any form of abuse or harassment.
On this note, the attached bill gives mental health patients the right to request that the healthcare must be given by a licensed staff who has the sex that the patients requests. If the patient is disable and incompetent to make a request, intimate care shall be provided by a staff member who is the same sex of the patient.

KRISZEL V. MANALILI

Republic of the Philippines
YOUTH CONGRESS

INTRODUCED BY KRISZEL V. MANALILI

AN ACT
RELATING TO MENTAL HEALTH PATIENT RIGHTS AND TO A HOSPITAL’S
DUTY TO PROVIDE CHOICE OF THE SEX OF STAFF PROVIDING INTIMATE
CARE TO A MENTAL HEALTH PATIENT
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Title. This Act shall be known as the “Right of the Patients Act”
SECTION 2. Right of the Patient to Staff Selection.
a. A patient who is provided an intimate care at a hospital, patients has the right to request that the care be given by a licensed staff member who is the sex that the patient requests.
b. If a patient who is provided an intimate care is not able to make a request, intimate care shall be provided by a staff, member who is the same sex of the patient.
SECTION 3. Obligation of the Hospital. A manager employed by a hospital shall:
1. Provide all the patients a clean and pleasant rooms;
2. post a notice of the right provided under this Act in a prominent place in patient rooms;
and
3. Adopt a policy to provide intimate care as required under this section.
SECTION 4. Definition of Terms
(1) “INTIMATE CARE” means hygienic care, including the bathing and toileting that involves a patient’s perineal area and for female patient, the patient’s breasts; the intimate care does not include activities done in preparation for a medical procedures;
(2) “LICENSED STAFF MEMBER” means a person certified in the state such as midwives, physicians and physician assistants, naturopaths, nurses and nurse aides.
SECTION 5. Separability Clause. In the event that any provision or part of this Act shall be declared unconstitutional by the courts, the remaining provisions shall remain valid and in full force and effect.
SECTION 6. Repealing Clause. All laws, orders, rules and regulations or part thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
SECTION 7. Date of Effectivity. This Act shall take effect twenty five (25) days after its publication in at least three (3) national newspapers of general circulation whichever comes earlier.
Approved,

Labels: health