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[MEDICAL JURISPRUDENCE] MEDIII A&B 16

PERTINENT LAWS
REPUBLICT ACT NO. 8344 (Aug. 25, 1997)
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
a.

b.

c.

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.
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.
Transfer of patients section 3 of R.A. 8344
provides: After the hospital or medical clinic
mentioned above shall have administered medical
treatment and consistent with the needs of the
patients preferably to a government hospital,
especially in the case of poor or indigent patients.
c.1 The transferring and receiving hospital, shall be
as much as practicable, be within ten (10) kilometer
radius of each other.
c.2 the transfer of patients contemplated under this
act shall at all times be properly documented.
c.3 Hospitals may require a deposit or advance
payment when the patient is no longer under the
state of emergency and he/she refuses to be
transferred.

REPUBLIC ACT NO. 9439 (April 27, 2007)


An act prohibiting the detention of patients in hospitals and
medical clinics on grounds of non-payment of hospital bills or
medical expenses.
Patients who have fully or partially recovered and who
already wish to leave the hospital or medical clinic but are
financially incapable to settle, in part or in full, their
hospitalization expenses, including professional feel and
medicine, shall be allowed to leave the hospital or medical
clinic, with a right to demand the issuance of the

corresponding medical certificate and other pertinent papers


required for the relaease of the patient from the hospital or
medical clinic upon the execution of promissory note
covering the unpaid obligation.
The promissory note shall be secured by either a mortgage or
by a guarantee of a co-maker, who will be jointly and
severally liable with the patient for the unpaid obligation. In
the case of a deceased patient, the corresponding death
certificate and other documents required for interment and
other purposes shall be released to any of his surviving
relatives requesting for the same: Provided, however, That
patients who stayed in private rooms shall not be covered by
this Act.
REPUBLIC ACT NO. 7170 (January 7, 1992)
An act authorizing the legacy or donation of all or part of a
human body after death for specified purposes.
Amendment to RA 7170 Organ Donation Act of 1991
Amendment to RA 7170 (February 20, 1995)
An act to advance corneal transplantation in the Philippines,
amending for the purpose RA No 7170, otherwise known as
the ORGAN DONATION ACT of 1991
Section 4. Person Who May Execute a Donation.
(a) Any of the following, person, in the order of property
stated hereunder, in the absence of actual notice of contrary
intentions by the decedent or actual notice of opposition by a
member of the immediate family of the decedent, may
donate all or any part of the decedent's body for any purpose
specified in Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time
of his death.
(b) The persons authorized by sub-section (a) of this Section
may make the donation after or immediately before death.
In the absence of any of the persons specified under Section 4
hereof and in the absence of any document of organ
donation, the physician in charge of the patient, the head of
the hospital or a designated officer of the hospital who has
custody of the body of the deceased classified as accident,
trauma, or other medico-legal cases, may authorize in a
public document the removal from such body for the purpose
of transplantation of the organ to the body of a living person:
Provided, That the physician, head of hospital or officer
designated by the hospital for this purpose has exerted

[MEDICAL JURISPRUDENCE] MEDIII A&B 16


reasonable efforts, within forty-eight (48) hours, to locate the
nearest relative listed in Section 4 hereof or guardian of the
decedent at the time of death.

EMPLOYEE EMPLOYER RELATIONSHIP

REPUBLIC ACT NO. 9165 (June 7, 2002)

Employment contract

An act instituting the COMPREHENSIVE DANGEROUS DRUGS


ACt of 2002

Full-time
Part-time
Probationary (6 months)
Contractual
Seasonal
Project based
Apprenticeship/leadership

Can dangerous drugs be prescribed for therapeutic purposes?


A licensed practitioner could prescribe, administer, pr
dispence dangerous drugs for therapeutic purpose toa person
diagnosed and treated for a condition resulting in intractable
pain provided that this diagnosis and treatment have been
documented in the practitioners record.
The prescription cannot exceed 100 dosage units or a 31-day
supply, whichever is higher.

LABOR CODE OF THE PHILIPPINES

Art. 40. Employment permit of non-resident aliens.


Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer
who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the
Department of Labor.
The employment permit may be issued to a non-resident
alien or to the applicant employer after a determination of
the non-availability of a person in the Philippines who is
competent, able and willing at the time of application to
perform the services for which the alien is desired.
For an enterprise registered in preferred areas of
investments, said employment permit may be issued upon
recommendation of the government agency charged with the
supervision of said registered enterprise.
Art. 83. Normal hours of work.
The normal hours of work of any employee shall not exceed
eight (8) hours a day.
Health personnel in cities and municipalities with a
population of at least one million (1,000,000) or in hospitals
and clinics with a bed capacity of at least one hundred (100)
shall hold regular office hours for eight (8) hours a day, for
five (5) days a week, exclusive of time for meals, except
where the exigencies of the service require that such
personnel work for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an additional
compensation of at least thirty percent (30%) of their regular
wage for work on the sixth day.

PRC card
PTR
DRUG TEST (ACCREDITED LAB)
TIN CARD
OLD S2 (FOR RENEWAL)
CAN APPLY ONLINE
YELLOW PAD PURCHASES SEPARATELY

For purposes of this Article, "health personnel" shall include


resident physicians, nurses, nutritionists, dietitians,
pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives, attendants
and all other hospital or clinic personnel.

[MEDICAL JURISPRUDENCE] MEDIII A&B 16

BASIC PAY 40 hours work


- minimal wage (regional basis)
Add
6th day 30% average pay
Night shift differential
Holidays (regular/ special)
REQUIRED BY LAW:
- SSS
- ECC
- PHIC - HMDF (PAG-IBIG)
- 13TH MONTH PAY - 5 DAYS LEAVE (SILP)

Art. 282. Termination by employer.


An employer may terminate an employment for any of the
following causes:
a.

b.
c.

d.

e.

Serious misconduct or willful disobedience by the


employee of the lawful orders of his employer or
representative in connection with his work;
Gross and habitual neglect by the employee of his duties;
Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
Commission of a crime or offense by the employee
against the person of his employer or any immediate
member of his family or his duly authorized
representatives; and
Other causes analogous to the foregoing.

Art. 285. Termination by employee.


An employee may terminate without just cause the
employee-employer relationship by serving a written notice
on the employer at least one (1) month in advance.
The employer upon whom no such notice was served may
hold the employee liable for damages.
An employee may put an end to the relationship without
serving any notice on the employer for any of the following
just causes:
a.

Serious insult by the employer or his representative


on the honor and person of the employee;

b.

Inhuman and unbearable treatment accorded the


employee by the employer or his representative;

c.

Commission of a crime or offense by the employer


or his representative against the person of the
employee or any of the immediate members of his
family; and

d.

Other causes analogous to any of the foregoing.

Smile ^_^
rjnsawey

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