MEDICAL TECHNOLOGY (MT) LAWS

Objectives:
At the end of this lecture, the student should be able to:
1. identify the basic significance of the law;
2. trace the relationship of the laws and rules concerning the medical technology profession;
3. describe the importance of learning ethics and the principles behind it;
4. be acquainted with the basic principles of privacy with respect to the Data Privacy Act of 2012;
and,
5. refresh and solidify his/her basic knowledge on Medical Technology Laws and Bioethics;

A. BASIC CONCEPTS

1. Law
A rule of conduct, promulgated by legitimate authority (typically by the Legislature), which are
just and obligatory for common observance and benefit.1

2. Statute
A law passed by a legislative body (congress).2

3. Administrative Issuances and Other Subordinate Legislations3

1
Jurado, D.P. Civil Law Reviewer.
2
Black’s Law Dictionary
3
EXECUTIVE ORDER NO. 292
Chapter 11. Administrative Issuances
Section 50. General Classification of Issuances. - The administrative issuances of Secretaries and heads of
bureaus, offices or agencies shall be in the form of circulars or orders.

(1) Circulars shall refer to issuances prescribing policies, rules and regulations, and procedures
promulgated pursuant to law, applicable to individuals and organizations outside the Government and
designed to supplement provisions of the law or to provide means for carrying them out, including
information relating thereto; and

(2) Orders shall refer to issuances directed to particular offices, officials, or employees, concerning
specific matters including assignments, detail and transfer of personnel, for observance or compliance
by all concerned.

CHAPTER 2. Ordinance Power of the President

SECTION 2. Executive Orders.—Acts of the President providing for rules of a general or permanent character
in implementation or execution of constitutional or statutory powers shall be promulgated in executive
orders.

SECTION 3. Administrative Orders.—Acts of the President which relate to particular aspects of governmental
operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.

SECTION 4. Proclamations.—Acts of the President fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is made to
depend, shall be promulgated in proclamations which shall have the force of an executive order.

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 Rules, policies, or guidelines issued by administrative bodies to implement the law. <Take note
in particular the issuances of the Department of Health (DOH), Commission on Higher Education
(CHED) and Professional Regulation Commission (PRC).>

4. Jurisprudence/ Supreme Court Decisions

Judicial decisions applying or interpreting the laws or the Constitution form part of the legal
system of the Philippines.4

5. Repeal
Abrogation of an existing law by legislative act. 5

6. Amendment
a. To make right; to correct or rectify.
b. To change the wording of; specif., to formally alter (a statute, constitution, motion, etc.) by
striking out, inserting, or substituting words. 6

7. Revision
a) A reexamination or careful review for correction or improvement.
b) revised statutes. Laws that have been collected, arranged, and reenacted as a whole by a
legislative body.7

Why study the law?

1. We live in “a government of laws and not of men”8.

Such statement is better explained by Aristotle, he stated that: “… the law having laid down
the best rules possible, leaves the adjustment and application of particulars to the discretion
of the magistrate; besides, it allows anything to be altered which experience proves may be
better established. Moreover, he who would place the supreme power in mind, would place it

SECTION 5. Memorandum Orders.—Acts of the President on matters of administrative detail or of

subordinate or temporary interest which only concern a particular officer or office of the Government shall
be embodied in memorandum orders.

SECTION 6. Memorandum Circulars.—Acts of the President on matters relating to internal administration,

which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance, shall be embodied in memorandum circulars.

SECTION 7. General or Special Orders.—Acts and commands of the President in his capacity as Commander-
in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.

4
Civil Code of the Philippines (RA 386). Article 8.
5
Black’s Law Dictionary.
6
Id.
7
Id
8
A famous phrase by John Adams, one of the founding fathers of the United States.

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 in God and the laws; but he who entrusts man with it, gives it to a wild beast, for such his
appetites sometimes make him; for passion influences those who are in power, even the very
best of men: for which reason law is reason without desire.”9

2. Ignorance of the law excuses no one from compliance therewith.10

B. MT EDUCATION

RA 7722: Higher Education Act of 1994

Commission on Higher Education (CHED)

Created as independent and separate from the Department of Education, Culture and Sports
(DECS), and attached to the Office of the President for administrative purposes only.

Its covers both public and private institutions of higher education as well as degree-granting
programs in all post-secondary educational institutions, public and private. (sec. 3)

One of its primary functions is to formulate and recommend development plans, policies,
priorities, and programs on higher education and research; (sec. 8)

Guarantee on Academic Freedom (sec. 13)

No abridgment of curricular freedom of the individual educational institutions by the
Commission shall be made except for:
(a) minimum unit requirements for specific academic programs;
(b) general education distribution requirements as may be determined by the
Commission; and
(c) specific professional subjects as may be stipulated by the various licensing entities.

"It is the business of a university to provide that atmosphere which is most conducive to
speculation, experiment and creation. It is an atmosphere in which there prevail 'the four
essential freedoms' of a university to determine for itself on academic grounds who may teach,
what may be taught, how it shall be taught, and who may be admitted to study."11

CMO No. 13 s. 2017

(Implementing Rules and Regulations of RA 7722 with respect to Medical Technology)

1. The Course Program

Degree Name:
Bachelor of Science in Medical Technology/Bachelor of Science in Medical Laboratory Science

9
Aristotle: A Treatise on Government. Book III, Chapter XVI.
10
Article 3. RA 386
11
Justice Frankfurter, concurring in Sweezy v. New Hampshire, 364 US 234, 263 (1957). Adopted by the Supreme
Court in the case of Garcia v. Loyola School of Theology (G.R. No. L-40779 | 1975-11-28).

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 Bachelor of Science in Medical Technology/ Bachelor of Science in Medical Laboratory Science
(BSMT/BSMLS) is a four-year program consisting of general education and professional
courses. The fourth-year level is the internship program of one year in a CHED-accredited
training laboratory with rotational duties in different sections such as Clinical Chemistry,
Hematology, Microbiology, Immunohematology, Immunology and Serology, Urinalysis and
other Body Fluids, Parasitology, Histopathologic/Cytologic Techniques, and other emergent
technologies. (sec. 5)

2. The Curriculum

HEIs offering Medical Technology/ Medical Laboratory Science Education may exercise
flexibility in their curricular offering. However, Medical Technology/ Medical Laboratory
Science courses as prescribed in the sample program shall be implemented. (sec. 5, please
refer to CMO No. 13 s. 2017 for the details)

3. Internship Guidelines

Appendix A of CMO No. 13 s. 2017 (Annex A)

C. MT PROFESSION

1. BOARD EXAMINATION
RA 5527: Philippine Medical Technology Act of 1969

a. Nature of Examination
All applicants for registration as medical technologist shall be required to undergo written
examination which shall be given by the Board annually in the greater Manila area, Cebu, and
Davao during the month of August or September on such days and places as the Board may
designate. (sec. 15)

b. Qualification for Taking the Examination.

Every applicant examination shall, prior to the date thereof, furnish the Board satisfactory
proof that he or she: (sec. 16)
a. Is in good health and is of good moral character;
b. Has completed a course of at least four (4) years leading to the degree of Bachelor
of
Science in Medical Technology or Bachelor of Science in Public Health conferred by a
recognized school, college or university in accordance with this Decree or having
graduated from some other profession and has been actually performing medical
technology for the last five (5) years prior to the date of the examinations, if such
performance began prior to June 21, 1969. (inoperative)

c. Scope of Examination
The examination questions shall cover the following subjects with their respective relative
weights: (sec. 17)
Clinical Chemistry ...................................................... 20%
Microbiology & Parasitology ...................................... 20%

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 Hematology ............................................................... 20%
Blood Banking & Serology ......................................... 20%
Clinical Microscopy (Urinalysis and
other body fluids) ...................................………......... 10%
Histopathologic Techniques,
Cytotechnology, Medical
Technology Laws, Related
Laws and its implementing
rules, and the Code of Ethics ........................……….. 10%

Computation of general average is based the above-mentioned relative weights of each

subject.

The Board may change, add to or remove from the list of subjects or weights above as progress
in the science of Medical Technology may require, subject to the prior approval of the
Professional Regulation Commission, and publication of the change or amendment at least
three (3) months prior to the date of examination in which the same is to take effect.

*syllabi for the Board Examination (Annex B)

d. Requisites for Passing the Examination

1. a candidate must obtain a general average of at least seventy-five percent in the
written test,
2. no rating below fifty percent in any of the major subjects: provided, That the
candidate has not failed in at least sixty percent of the subjects computed according
to their relative weights.

No further examination will be given an applicant who has not qualified after three
examinations, unless and until he shall have completed 12 months refresher course in an
accredited medical technology school or 12-month postgraduate training in an accredited
laboratory. (sec. 19)

e. Oath Taking
All successful examinees shall be required to take a professional oath before the Board or
before any person authorized to administer oaths prior to entering upon the practice of
medical technology in the Philippines. (sec. 20)

2. MT PRACTICE
a. RA 5527
Medical Technologist is a person who engages in the work of medical technology under the
supervision of a pathologist or licensed physician authorized by the department of health in
places where there is no pathologist. (sec. 2.a)

Revocation or Suspension of Certificates (sec. 24)

Process:

There will be an administrative investigation to be conducted by at least two members of the

Board with one legal officer sitting during all administrative proceedings, the respondents shall

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 be entitled to be represented by counsel or be heard in person, to have a speedy and public
hearing, to confront and cross-examine witnesses against him or her, and to all other rights
guaranteed by the Constitution.

The Board may, after giving proper notice and hearing to the party concerned reprimand an
erring medical technologist or
1. any guilty of immoral or dishonorable
2. for unprofessional conduct,
3. malpractice,
4. incompetency, or
5. serious ignorance or
6. gross negligence in the practice of medical technology.

The penalty of revocation shall be imposed only if there is a unanimous vote of all the three
members of the Board.

The Board may, by majority vote, impose the penalty or reprimand or suspension.

Suspension cannot exceed two years.

Effect of Revocation/Suspension:

When the penalty of suspension or revocation is imposed by the Board the medical
technologist shall be required to surrender his certificate of registration within thirty days after
the decision becomes final, under the pain of perpetual disqualification from the practice of
medical technology in the Philippines for inexcusable failure to do so.

The suspension shall run from the date of such surrender.

b. RA 10912: Continuing Professional Development Act of 2016

Rationale: To promote and upgrade the practice of professions in the country. Towards this
end, the State shall institute measures that will continuously improve the competence of the
professionals in accordance with the international standards of practice, thereby, ensuring
their contribution in uplifting the general welfare, economic growth and development of the
nation.

Continuing Professional Development

Refers to the inculcation of advanced knowledge, skills and ethical values in a post-licensure
specialization or in an inter- or multidisciplinary field of study, for assimilation into professional
practice, self-directed research and/or lifelong learning. (sec. 3.f)

The CPD is a mandatory requirement in the renewal of the PICs of all registered and licensed
professionals under the regulation of the PRC. (sec. 10)

Resolution No. 1032 Series of 2017.

(IRR of RA 10912)

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 Annex J. List of CPD Programs and their respective equivalent units. (Annex C)

Classification of CPD programs by nature:

1. formal learning: refers to educational arrangements that take place in an educational

and training institutions recognized by relevant authorities, and which lead to granting
diplomas and qualifications;

2. nonformal learning: refers to flexible educational or training arrangements;

3. informal learning: refers to learning that occurs in daily life assessed through
recognition, validation and accreditation process which can contribute to a
qualification;

4. self-directed learning: (to be determined by the CPD council)

5. online learning activities: refers to structured or nonstructured learning activities

online

6. professional work experience: refers to any participation that a professional gains

while working in a specific field;

45 credit units within 3 years is required for the renewal of a PRC license.12

Undertaking for the renewal in lieu of actual renewal of PIC is extended until December 31,
2022, pursuant to PRC Resolution No. 1444(A) s. 2021.

3. Workplace

RA 4688: An Act Regulating the Operation and Maintenance of Clinical Laboratories

Clinical Laboratory
A laboratory in which body fluids, tissues, secretions, excretions and radioactivity from beings
or animals are analyzed for the determination of the presence of pathologic organisms,
processes and/or conditions in the persons or animals from which they were obtained. (sec. 1)

It is unlawful for any person to be professionally in-charge of a registered clinical laboratory

unless he is a licensed physician duly qualified in laboratory medicine and authorized by the
Secretary of Health, such authorization to be renewed annually. (sec. 2)

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 *Relate the above provision with RA 552713 which describes a Medical Technologist as
a person who engages in the work of medical technology under the supervision of a
pathologist or licensed physician authorized by the department of health in places
where there is no pathologist.

Garcia v. Salvador (G.R. No. 168512, March 20, 2007)

Significance: the concept of negligence in the practice of medical technology

Facts of the case:

1. Ranida D. Salvador worked as a trainee in the Accounting Department of Limay Bulk Handling
Terminal, Inc. (the Company). As a prerequisite for regular employment, she underwent a
medical examination at the Community Diagnostic Center (CDC).

2. Garcia, who is a medical technologist, conducted the HBs Ag (Hepatitis B Surface Antigen)
test and on October 22, 1993, CDC issued the test result5 indicating that Ranida was "HBs Ag:
Reactive."

3. The result bore the name and signature of Garcia as examiner and the rubber stamp
signature of Castro as pathologist.

4. Ranida submitted the test result to Dr. Sto. Domingo, the Company physician, the latter
apprised her that the findings indicated that she is suffering from Hepatitis B, a liver disease.

5. Based on the medical report submitted by Sto. Domingo, the Company terminated Ranida’s
employment for failing the physical examination.

6. When Ranida informed her father, Ramon, about her ailment, the latter suffered a heart
attack and was confined at the Bataan Doctors Hospital.

7. Ranida underwent another HBs Ag test at the said hospital and the result indicated that she
is non-reactive. She informed Sto. Domingo of this development but was told that the test
conducted by CDC was more reliable because it used the Micro-Elisa Method. Thus, Ranida
went back to CDC for confirmatory testing, and this time, the Anti-HBs test conducted on her
indicated a "Negative" result.

8. Ranida also underwent another HBs Ag test at the Bataan Doctors Hospital using the Micro-
Elisa Method. The result indicated that she was non-reactive.

9. Ranida submitted the test results from Bataan Doctors Hospital and CDC to the Executive
Officer of the Company who requested her to undergo another similar test before her re-
employment would be considered. Thus, CDC conducted another HBs Ag test on Ranida which
indicated a "Negative" result.

13
Section 2(a).

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 10. Ma. Ruby G. Calderon, Med-Tech Officer-in-Charge of CDC, issued a Certification correcting
the initial result and explaining that the examining medical technologist (Garcia) interpreted
the delayed reaction as positive or reactive.

11. The Company rehired Ranida.

Ruling of the Supreme Court:

a. Garcia violated RA 5527, and RA 4688 and its respective rules and regulations.

“It is clear that a clinical laboratory must be administered, directed and supervised by a
licensed physician authorized by the Secretary of Health, like a pathologist who is
specially trained in methods of laboratory medicine; that the medical technologist must
be under the supervision of the pathologist or a licensed physician; and that the results
of any examination may be released only to the requesting physician or his authorized
representative upon the direction of the laboratory pathologist.”

** Castro claimed that as pathologist, he rarely went to CDC and only when a case was
referred to him; that he did not examine Ranida; and that the test results bore only his
rubber-stamp signature.

b. Garcia is guilty of gross negligence.

Article 20 of the New Civil Code provides:

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.

“Indubitably, Ranida suffered injury as a direct consequence of Garcia’s failure to comply

with the mandate of the laws and rules aforequoted. She was terminated from the
service for failing the physical examination; suffered anxiety because of the diagnosis;
and was compelled to undergo several more tests. All these could have been avoided had
the proper safeguards been scrupulously followed in conducting the clinical examination
and releasing the clinical report.”

DOH AO 2021-0037: The latest rules and regulations for Clinical Laboratory

The head of the laboratory shall visit once a month and at least twice a week of supervisory
calls and/or videoconferencing OR at least once a week physical visit. For hospital-based DOH
licensed CL, it shall be once a week physical visit. The visits shall have to be well documented.14
(** relate this with the case of Garcia)

Classification of Clinical Laboratories. (Annex D)

DOH AO 2022-0007: Retention of Records (Annex E)

14
Annex A. II. A.4

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D. OTHER RELATED LAWS

1. RA 9165: Comprehensive Dangerous Drugs Act of 2002

Authorized Drug Testing

It shall be done by any government forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to safeguard the quality of test results. The
DOH shall take steps in setting the price of the drug test with DOH accredited drug testing
centers to further reduce the cost of such drug test. The drug testing shall employ, among
others, two (2) testing methods, the screening test which will determine the positive result as
well as the type of the drug used and the confirmatory test which will confirm a positive
screening test

The following shall be subjected to undergo drug testing: (Sec. 36)

(a) Applicants for driver's license.

(b) Applicants for firearm's license and for permit to carry firearms outside of
residence.
(c) Students of secondary and tertiary schools.
(d) Officers and employees of public and private offices.
(e) Officers and members of the military, police and other law enforcement agencies.
(f) All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1) day.
(g) All candidates for public office whether appointed or elected both in the national
or local government.

In addition, violators of RA 9165 shall also undergo mandatory drug testing. (sec. 38)

Screening Test refers to a test to eliminate negative specimen from further consideration and
to identify the presumptively positive specimen that requires confirmatory testing. 15

Confirmatory Test refers to the analytical procedure to identify and quantify the presence of
a specific drug or metabolite, which is independent of the initial test and which uses a different
technique and chemical principle from that of the screening test in order to ensure reliability
and accuracy.16

Validity of Drug test certificates. It shall be valid for a one-year period from the date of issue
which may be used for other purposes

SJS v. DDB (G.R. No. 157870, November 3, 2008); Laserna v. DDB (G.R. No. 158633, November
3, 2008); Pimentel v. COMELEC (G.R. No. 161658, November 3, 2008)
Significance: determination of the validity of the enumerated items for authorized drug testing
under sec. 36 of RA 9165

Facts of the case:

15
Section 3. DDB Board Regulation No. 2, series of 2003.
16
Id.

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 This is a consolidation of cases questioning the validity of authorized drug testing with
respect to Sec. 36[c], [d], [f], and [g] of RA 9165.

Ruling of the Supreme Court:

1. Section 36(g): invalid (as to national elective positions)
The right of a citizen in the democratic process of election should not be
defeated by unwarranted impositions of requirement not otherwise specified
in the Constitution. Sec. 36(g) of RA 9165, as sought to be implemented by the
assailed COMELEC resolution, effectively enlarges the qualification
requirements enumerated in the Sec. 3, Art. VI of the Constitution.

2. Section 36(c): valid

the constitutional viability of the mandatory, random, and suspicionless drug
testing for students emanates primarily from the waiver by the students of
their right to privacy when they seek entry to the school, and from their
voluntarily submitting their persons to the parental authority of school
authorities.

3. Section 36(d): valid

the constitutional soundness of the mandatory, random, and suspicionless
drug testing proceeds from the reasonableness of the drug test policy and
requirement.

4. Section 36(f): valid

To impose mandatory drug testing on the accused is a blatant attempt to
harness a medical test as a tool for criminal prosecution, contrary to the stated
objectives of RA 9165. Drug testing in this case would violate a persons' right
to privacy guaranteed under Sec. 2, Art. III of the Constitution.

N.B.: RA 10586 or the “Anti-Drunk and Drugged Driving Act of 2013” repealed Section
36 (a) of RA 9165.

2. RA 7719: National Blood Services Act of 1994

Beltran v. Secretary of Health (G.R. No. 133640 and G.R. No. 139147 | 2005-11-25)
Significance: history of blood banking and blood donation; the principle of voluntary donation in
this case is also applicable to organ donation

Facts of the case:

Multiple petitions were filed with the supreme court by owners of commercial blood banks
questioning the validity of the phasing out of commercial blood banks through the enactment
of the National Blood Services Act of 1994. As such, said petitioners sought for the nullification
of the concerned provision of the said law.

Ruling of the Supreme Court:

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 The phasing out commercial blood bank is valid and reasonable. The law enacted is a valid
exercise of the Police Power of the state: the power to promote the general welfare through
the promotion of public health.

Factual bases:
1. In 1979, there arose the intensified international concern for the safety of blood and
blood products intensified when the dreaded disease Acute Immune Deficiency
Syndrome (AIDS) was first described. In 1982, the first case of transfusion-associated
AIDS was described in an infant.

2. In January of 1994, the New Tropical Medicine Foundation, with the assistance of the
U.S. Agency for International Development (USAID) released its final report of a study
on the Philippine blood banking system entitled "Project to Evaluate the Safety of the
Philippine Blood Banking System. The following are the results:

a. It was revealed that of the blood units collected in 1992, 64.4 % were supplied by
commercial blood banks, 14.5% by the PNRC, 13.7% by government hospital-based
blood banks, and 7.4% by private hospital-based blood banks.

The study deduced that each commercial blood bank produces five times more
blood than the Red Cross and fifteen times more than the government-run blood
banks; the Philippines heavily relied on commercial sources of blood. The study
likewise revealed that 99.6% of the donors of commercial blood banks and 77.0%
of the donors of private-hospital based blood banks are paid donors. Paid donors
are those who receive remuneration for donating their blood. Blood donors of the
PNRC and government-run hospitals, on the other hand, are mostly voluntary

b. It was further found, among other things, that blood sold by persons to blood
commercial banks are three times more likely to have any of the four (4) tested
infections or blood transfusion transmissible diseases, namely, malaria, syphilis,
Hepatitis B and Acquired Immune Deficiency Syndrome (AIDS) than those donated
to PNRC.

Commercial blood banks give paid donors varying rates around ₱50 to ₱150, and
because of this arrangement, many of these donors are poor, and often they are
students, who need cash immediately. Since they need the money, these donors
are not usually honest about their medical or social history. Thus, blood from
healthy, voluntary donors who give their true medical and social history are about
three times much safer than blood from paid donors.

3. REPUBLIC ACT No. 11166: Philippine HIV and AIDS Policy Act
PNAC Resolution No. 1 (IRR)

a. HIV Testing (sec. 29)

General rule: Voluntary HIV testing policy

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 How? There must be written consent as evidenced by the signature or a thumbmark as the
case may be from the person taking the test must be obtained before HIV testing.

1. If the person is fifteen (15) to below eighteen (18) years of age, consent to
voluntary HIV testing shall be obtained from the child without the need for the
consent of a parent or guardian.

2. Any person age below fifteen (15) years, who is pregnant or engaged in high-risk
behavior, shall be eligible for HIV testing and counseling with the assistance of
licensed social worker or health worker. Consent to voluntary HIV testing shall be
obtained from the child without the need for the consent of a parent or guardian.
(“mature minor doctrine”)

3. In all other cases not covered by paragraph (b) of this section, consent to
voluntary HIV testing shall be obtained from the child’s parents or legal guardian if
the person is below fifteen (15) years of age or is mentally incapacitated.

In cases when the child’s parents or legal guardian cannot be located despite reasonable
efforts, or if the child’s parents or legal guardian refuse to give consent, it shall be obtained
from the licensed social worker or health worker. To protect the best interest of the child,
the assent of the minor shall also be required prior to the HIV testing.

Exceptions to the General Rule:

Compulsory HIV Testing (sec. 30)
a) When it is necessary to test a person who is charged with any of the offenses
punishable under Articles 263 (serious physical injuries), 264 (administering
injurious substances or beverages), 265 (less serious physical injuries) and 266
(slight physical injuries), or Article 338 (simple seduction) of Act No. 3815, or the
“The Revised Penal Code (RPC)”, as amended, or under Art. 266-A (rape) of the
RPC, as amended by R.A. 8353, otherwise known as “The Anti-Rape Law of 1997”;

b) When it is necessary to resolve relevant issues under Executive Order No. 209,
otherwise known as “The Family Code of the Philippines’; and

c) As a prerequisite in the donation of blood in compliance with the provisions of

Republic Act No. 7170, otherwise known as the “Organ Donation Act of 1991”, and
Republic Act No. 7719, otherwise known as the “National Blood Services Act of
1994”

b. Standard Precaution on the Donation of Blood, Tissue, or Organ (se. 26)

(a) Donation of tissue or organ, whether gratuitous or onerous, shall be accepted by a

laboratory or institution only after a sample from the donor has been tested negative for
HIV;

(b) All donated blood shall also be subjected to HIV testing;

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 (c) All donors whose blood, organ or tissue has been tested positive shall be deferred from
donation, notified of their HIV status, counselled, and referred for care and clinical
management as soon as possible;

(d) Donations of blood, tissue, or organ testing positive for HIV may be accepted for
research purposes only, and shall be subject to strict sanitary disposal requirements; and

(e) A second testing may be demanded as a matter of right by the blood, tissue, or organ
recipient or his/her immediate relatives before transfusion or transplant, except during
emergency cases.

Testing of Organ Donation

Lawful consent to HIV testing of a donated human body, organ, tissue, or blood shall be
considered as having been given when:

(a) A person volunteers or freely agrees to donate one's blood, organ, or tissue for
transfusion, transplantation, or research; and

(b) A legacy and a donation are executed in accordance with Sections 3 and 4
respectively, of Republic Act No. 7170, otherwise known as the "Organ Donation
Act of 1991".

*The law provides for a presumption of consent for donated organs but remember that
the process of testing itself requires informed consent

c. Duty of Confidentiality

General Rule:
The confidentiality and privacy of any individual, who has been tested for HIV, has been
exposed to HIV, has HIV infection or HIV-AIDS related illnesses, or was treated for HIV
related illnesses shall be guaranteed

Exceptions:
a) When complying with reportorial requirements of the national active and
passive surveillance system, including reports of death, of the DOH: Provided, that
the information related to a person’s identity shall remain confidential;

b) When informing other health workers directly involved in the treatment or care
of a PLHIV: Provided, that such workers shall be required to perform the duty of
shared medical confidentiality; and

c) When responding to a subpoena duces tecum and subpoena ad testificandum

issued by a court with jurisdiction over a legal proceeding where the main issue is
the HIV status of an individual: Provided, that the confidential medical record, after
having been verified for accuracy by the head of the office or department, shall
remain anonymous and unlinked and shall be properly sealed by its lawful
custodian, hand-delivered to the court, and personally opened by the judge:

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 Provided, further, That the judicial or administrative proceedings shall be held in
executive session.

d. Disclosure of Test Result

The result of any test related to HIV shall be disclosed by the trained service provider who
conducts pre-test and post-test counseling only to the individual who submitted to the
test.

e. Duty of Every Person against Discrimination

Discrimination refers to unfair or unjust treatment that distinguishes, excludes, restricts,

or shows preferences based on any ground such as sex gender, age, sexual orientation,
gender identity and expression, economic status, disability, ethnicity, and HIV status,
whether actual or perceived, and which has the purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise by all persons similarly situated, of all their rights
and freedoms. 17

Discrimination against persons with HIV is prohibited and is punishable under the law.

4. RA 10173: Data Privacy Act of 2012

Personal information controller refers to a person or organization who controls the collection,
holding, processing or use of personal information, including a person or organization who
instructs another person or organization to collect, hold, process, use, transfer or disclose
personal information on his or her behalf. (Sec. 3.h.)

Personal information refers to any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information would directly and
certainly identify an individual. (Sec. 3.g.)

Sensitive personal information refers to personal information: (Sec. 3.l.)

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;

(2) About an individual’s health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such person,
the disposal of such proceedings, or the sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which includes, but not limited
to, social security numbers, previous or current health records, licenses or its denials,
suspension or revocation, and tax returns; and

17
sec. 3(h). RA 11166.

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 (4) Specifically established by an executive order or an act of Congress to be kept
classified.

Processing refers to any operation or any set of operations performed upon personal information
including, but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.
(Sec. 3.j.)

Prohibited Acts: (Chapter VIII)

a) Unauthorized Processing of Personal Information and Sensitive Personal Information.

b) Accessing Personal Information and Sensitive Personal Information Due to Negligence.
c) Improper Disposal of Personal Information and Sensitive Personal Information.
d) Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes.
e) Unauthorized Access or Intentional Breach.
f) Concealment of Security Breaches Involving Sensitive Personal Information.
g) Malicious Disclosure.
h) Unauthorized Disclosure.
i) Combination or Series of Acts.

Principles to Remember:18

The processing of personal data shall be allowed subject to adherence to the following principles:

a. Transparency. The data subject must be aware of the nature, purpose, and extent of the
processing of his or her personal data, including the risks and safeguards involved, the identity
of personal information controller, his or her rights as a data subject, and how these can be
exercised. Any information and communication relating to the processing of personal data
should be easy to access and understand, using clear and plain language.

b. Legitimate purpose. The processing of information shall be compatible with a declared and
specified purpose which must not be contrary to law, morals, or public policy.

c. Proportionality. The processing of information shall be adequate, relevant, suitable,

necessary, and not excessive in relation to a declared and specified purpose. Personal data
shall be processed only if the purpose of the processing could not reasonably be fulfilled by
other means.

18
Sec. 18. Rule IV. IRR of

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BIOETHICS
Ethics
At its simplest, ethics is a system of moral principles. They affect how people make decisions and lead
their lives. Ethics is concerned with what is good for individuals and society and is also described as
moral philosophy.

Bioethics
Bioethics provides a disciplinary framework for the whole array of moral questions and issues
surrounding the life sciences concerning human beings, animals, and nature. The notion of bioethics
is commonly understood as a generic term for three main sub-disciplines: medical ethics, animal ethics,
and environmental ethics. Each sub-discipline has its own particular area of bioethics, but there is a
significant overlap of many issues, ethical approaches, concepts, and moral considerations. 19
(hyperlinked)

Philosophical Bases of Ethics

(Video Lecture)
Title: Justice: What's the Right Thing To Do? Episode 01
By: Professor Michael Sandel, Harvard University
Time allotted: 30 minutes
Link: https://youtu.be/kBdfcR-8hEY

Guide and time stamps: (hyperlinked)

00:29 – Introduction and Brain Exercises

13:29 – Moral Principles: Consequentialism v. Categorical Moral Reasoning
18:57 – Caveat on Learning Philosophy
21:57 – Rationale of Learning the Principles
27:53 – More Explanation on Utilitarianism

Basic Ethical Principles 20

1. Autonomy

It requires that the patient have autonomy of thought, intention, and action when making
decisions regarding health care procedures. Therefore, the decision-making process must be free
of coercion or coaxing. In order for a patient to make a fully informed decision, she/he must
understand all risks and benefits of the procedure and the likelihood of success.

This principle also embodies the principle of respect and informed consent.

2. Justice

19
Bioethics | Internet Encyclopedia of Philosophy (utm.edu)
20
Medical Ethics 101 (stanford.edu); Principles of Bioethics | UW Department of Bioethics & Humanities
(washington.edu)

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 Justice in health care is usually defined as a form of fairness, or as Aristotle once said,
"giving to each that which is his due." It is the idea that the burdens and benefits of new or
experimental treatments must be distributed equally among all groups in society. Moreover, it
requires that procedures uphold the spirit of existing laws and are fair to all players involved. The
health care provider must consider four main areas when evaluating justice: fair distribution of
scarce resources, competing needs, rights and obligations, and potential conflicts with established
legislation.

3. Beneficence

It requires that the procedure be provided with the intent of doing good for the patient
involved. The ordinary meaning of this principle is that health care providers have a duty to be of
a benefit to the patient, as well as to take positive steps to prevent and to remove harm from the
patient.

4. Non-maleficence

It requires that a procedure should not harm the patient involved or others in society. The
principle of nonmaleficence requires of us not to intentionally create a harm or injury to the
patient, either through acts of commission or omission.

N.B. In the determination of morality of a certain conduct through the application of these
principles, the totality of circumstances must be considered. Some of the factors involved are: the
perspectives of the health professional, the patient, and other persons directly involved, and the
cause and effect of the conduct of the health professionals. As such, it is common for the
overlapping of the principles to ensue.

Board of Medical Technology

Code of Ethics

As I enter into the practice of Medical Technology, I shall accept the responsibilities inherent to being
a professional; I shall uphold the law and shall not engage in illegal work nor cooperate with anyone
so engaged; I shall avoid associating or being identified with any enterprise of questionable character;

I shall work and act in a strict spirit of fairness to employer, clients, contractors, employees and in a
spirit of personal helpfulness and fraternity toward other members of the profession;

I shall use only honorable means of competition for professional employment or services and shall
refrain from unfairly injuring, directly or indirectly, the professional reputation, projects or business of
a fellow medical technologist; I shall accept employment from more than one employer only when
there is no conflict of interest;

I shall perform professional work in a manner that merits full confidence and trust carried out with
absolute reliability, accuracy, fairness and honesty; I shall review the professional work of other
medical technologists, when requested, fairly and in confidence whether they are subordinates or
employees, authors of proposals for grants or contracts, authors of technical papers or other
publications or involved in litigation;

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I shall advance the profession by exchanging general information and experience with fellow medical
technologists and other professionals and by contributing to the work of professional organizations;

I shall restrict my praises, criticisms, views and opinions within constructive limits and shall not use the
knowledge I know for selfish ends; I shall treat any information I acquired about individuals in the
course of my work as strictly confidential, and may be divulged only to authorized persons or entities
or with consent of the individual when necessary;

I shall report any infractions of these principles of professional conduct to the authorities responsible
of enforcement of applicable laws or regulations, or to the Ethics Committee of the Philippine
Association of Medical Technologists as may be appropriate.

To these principles, I hereby subscribe and pledge to conduct myself at all times in a manner befitting
the dignity of my profession.

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