Republic Act No.

8344

Date Issued: Wednesday, February 17, 2010

Responsible Party:
Pages:
Approved By:
References:

Reviews: None

Ammendments: No revision

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.
SALIENT FEATURES
ÏIn emergency or serious cases it shall be unlawful for any employee of the hospital to request, solicit, demand or accept any deposit or any
other form of payment as a prerequisite for confinement or medical treatment or to refuse to administer medical treatment and support to
prevent death or permanent disability.
Ï When the patient is unconscious, incapable of giving consent or unaccompanied, the physician can transfer the patient even without his
consent provided that such transfer shall be done only after necessary emergency treatment and support have been administered and that it
has been established that there is less risk to transfer patient than continued confinement. ÏAfter 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.
Administrative Order No. 5-B s. 1998
Implementing Rules and Regulations :
Transfer of Patients:
*The transferring and receiving hospital shall as much as practicable be within 10 km. radius of each other.
*The transfer of patients contemplated under this act shall at all times be properly documented.
*Hospitals may require a deposit or advance payment when the patient is no longer under the state of emergency and he or she refuses to
be transferred.
*Hospital and clinic managers shall instruct their personnel to provide prompt and immediate medical attention to emergency and serious
cases without any prior requirement for any deposit or payment.
*All hospital shall use a Uniform Discharge / Transfer Slip for cases covered by RAE 8311 which shall include the following information:
>Admission Form of transferring hospital
>Transfer Form of transferring hospital to include but not necessarily limited to the following information:
- Vital signs
- Name of Attending Physician
- Treatment given to patient
- Name of receiving hospital
- Name of contact person and approving official at receiving hospital.
- Consent of the patient or companion. In case of an unaccompanied minor patient, they may be transferred without consent provided that
the provisions of sec. 1 of RA 8344 is strictly observed. The hospital shall endeavor to use all forms of media to contact the next of kin of the
unaccompanied minor patient.
- In case of refusal of transfer, the name of the hospital, the name(s) of person who refused and the reason(s) for the refusal.
PENAL PROVISIONS 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
time of not less than Twenty Thousand Pesos (P20,000.00) but not more than One Hundred Thousand Pesos (P100,000.00) on both at the
discretion of the count.