Introduced by Senator Manuel “Lito” M. Lapid 
EXPLANATORY NOTE 
Our 1987 Constitution provides that “the State shall protect and promote the right 
to health of the people and instill health consciousness among them.” It is in this context 
that the State is being called upon to adopt comprehensive approaches to health 
development in order to protect and promote public health and the welfare of its 
citizens. 
Indeed, the right to health is a fundamental right. Moreover, the State has a clear 
legitimate interest in protecting the health of its citizens. Within this purview, the State 
has the duty to institute public health measure to ensure and promote public welfare. 
With respect to public health, the State has in many instances relied upon its inherent 
power to intervene into the lives of their citizens to promote public health and welfare. 
This proposed Mother Screening Program falls directly within the mandate of the 
State to protect the public health and to promote the right to health of its people, 
particularly women and children. The social need that prompted the mandatory mother 
screening is the protection of the public health and safety. In fact, among the leading 
causes of death among women include infectious diseases and complications of 
pregnancy and childbirth. After childbirth, a mother is susceptible to health problems 
and chronic conditions. To prevent this from occurring, a mother should undergo 
screening tests apart from the post natal check-ups that are required. These tests can 
greatly help in the prevention of other serious illnesses such as STD, HIWAIDS, heart 
diseases and breast cancer. 
Almost half of the Philippine population consist mainly of women living below the 
poverty line Women have unique health needs and they are affected by a wide variety 
of conditions and diseases that do not affect men. It is the responsibility of the State to 
protect the health of its people especially mothers who suffer greatly before, during and 
after pregnancy. Indeed, this proposed measure will result in early detection of any 
defect in a mother’s health to ensure application of preventive and rehabilitative 
treatment and hopefully extend and improve the child’s quality of life. This legislative 
enactment, therefore, is being proposed to promote the best interest of the mother and 
the newborn baby. 
Under this proposal, the comprehensive mother screening fee shall be applied, 
among others, to testing costs, education, sample transport, follow-up and readable 
overhead expenses. Moreover, the Philippine Health Insurance Corporation (PHIC) is 
instructed to include the cost of mother screening tests in its benefit package available 
to its members. 


Furthermore, this proposed measure provides that the mother who is given 
mother screening tests after childbirth is ensured of the confidentiality of her medical 
records in order to protect her Constitutional right to privacy. This is being implemented 
to ensure that the exercise in promoting public health and public welfare is subjected to 
all other rights guaranteed by our Constitution. 
In view of the foregoing concerns, the early passage of this bill is earnestly 
sought. 
Senafor 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
6 NOV -7 
P 4  :2(> 
OF TH€ PHILIPPINES 
1 
Third ReguQr Session 
1 
S E N A T E  
s.B.N~. 2499 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
INSIlfflUTlNG A COMPREHENSIVE SCREENING PROGRAM 
FOR MOTHERS AFTER CHILDBIRTH AND FOR OTHER 
P , i r a s E S  
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Title. - This Act shall be known as the “Mother 
Screening Act of 2006”. 
SEC. 2. 
Declaration of Policy. - It is the policy of the State to protect and 
promote the right to health of the people, including the right of mothers to full and 
healthy development in their maternal and reproductive life. 
In the pursuit of such policy, the State shall institutionalize a mother screening 
program that is comprehensive, integrative and sustainable, and will facilitate the 
collaboration among government and non-government agencies at the national and 
local levels, the private sector, families and communities, and professional health 
organizations. The mother screening programs shall ensurethat every pregnant mother 
and mothers after childbirth are given the opportunity to undergo comprehensive tests 
and screening process in order to ensure better health for the mothers of this country. 
SEC. 3. 
Porky Objectives. - The objectives of the Mother Screening Act 
are the following: 
1) 
To ensure that all mothers will have access to screening tests after 
childbirth in order to protect their health and detect possible complications after 
childbirth; 


2) 
To establish and institutionalize a sustainabie and effective screening 
system for mothers after childbirth within the public heailth delivery system in the 
country; 
3) 
To ensure that health practitioners are aware of their responsibilities in 
providing proper medications to mothers after childbirth in the event that an illness is 
detected after performing such tests; and 
4) 
To ensure that mother after childbirth recognize their responsibilities in 
nurturing their health, within the context of responsible parenthood, by protecting 
themselves from illnesses and diseases through mother screening tests, 
SEC. 4. 
Definition of Terms. - For purposes of this Act, the following 
Mother Screening Test - a screening test that includes full check up, 
including weight and height: collection and screening of blood samples from patient; 
clinical evaluations and confirmation of test results; medical treatment; surgical 
management and dietary program. 
Health Practitioners - refer to physicians, nurses, midwives, nursing aides 
Health lnstitutions - refer to hospitals, health infirmaries, health centers 
Treatment - is the administration or application of remedies to a patient or 
terms shall mean: 
1) 
2) 
and traditional birth attendants. 
3) 
and lying-in centers. 
for a disease or an injury; medicinal or surgical management. 
4) 
SEC. 5. 
Mandatory Screening Test. -All mothers shall undergo screening 
tests after the delivery of their newborn. The purpose of which is to detect illnesses and 
provide proper medication and treatment that might have occurred after childbirth. For 
purposes of this Act, the Department of Health (DOH), in consultation with the various 
stakeholders in the health industry, shall determine the extent and coverage of the 
mother screening tests for purposes of viability, cost-effectiveness and cost-efficiency. 
SEC. 6. 
Health Provider’s Obligation to Inform. - Any health practitioner 
who delivers, or assists in the delivery of a newborn in the Philippines shall, prior to 
delivery, inform the parents or legal guardian of the availability, nature and benefits of 
the mother screening tests provided for under this Act. For this purpose, it is the duty of 
the health practitioner to: 
fully inform the mother of the purpose and need for mother screening, and 
give the appropriate mother screening educational materials: 
a) 


b) 
ensure that appropriate specimens from the mother are submitted to the 
testing laboratory within seven (7) days upon giving birth, from whom no specimen has 
been previously collected; 
ensure that specimen collection forms are properly stored and that all 
information required by the testing laboratory are fully completed; 
ensure that repeat specimens are submitted whenever the hospital is 
notified by the testing laboratory that the initial specimen was unsatisfactory or that an 
additional specimen is otherwise required; 
e) 
conform with the specimen collection and submission procedures 
specified by the DOH; 
9 
include in the mother's health record the test results received from the 
c) 
d) 
testing laboratory; 
g) 
provide case information, specimens and other information tracking and 
provide or arrange for post-test counseling for the mother; and 
provide the mother with referrals for health and social services as needed. 
follow-up reviews requested by the testing laboratory; 
h) 
i) 
The appropriate information, education and communication (IEC) campaign for 
this purpose shall be the responsibility of the DOH. 
SEC. 7. 
Refusal to be Tested. - A parent or legal guardian may refuse the 
availment of the mother screening but shall acknowledge in writing their refusal to avail 
of the mother screening tests. A copy of this refusal document shall be made part of the 
mother's medical record. 
SEC. 8. 
Continuing Education, Re-education and Training of Health 
Personnel. - The DOH, with the assistance of the National Institute of Health (NIH) and 
other government agencies, professional societies and non-government organizations, 
shall: 
a) 
conduct continuing information, education, re-education and training 
programs for health personnel on the rationale, benefits, procedures of mother 
screening tests, as provided for under this Act; and 
b) 
disseminate information materials on the screening procedures for 
mothers after childbirth to all health personnel involved in the delivery of childbirth. 
SEC. 9. 
Lead Agency. - The DOH shall be the lead agency in 
implementing the provisions of this Act. For purposes of achieving the objectives of this 
Act, the DOH shall: 


1) 
2) 
Draft the implementing rules and regulations for the immediate 
implementation of a nationwide mother screening program within six (6) months from 
the date of effectivity of this Act; and 
3) 
Coordinate with various 
agencies of the 
government for the 
Establish an Advisory Committee on Mother Screening; 
implementation of the mother screening program. 
SEC. I O .  
Mother Screening Fees. - The Philippine Health Insurance 
Corporation (PHIC) shall include the cost of mother screening as one of the available 
benefits to its members. The comprehensive mother screening fee shall be applied to, 
among others, testing costs, education, sample transport, follow-up and readable 
overhead expenses. 
SEC. 11. 
Mother Screening Reference Cenfer. - 
There is hereby 
established and created in the National Institute of Health (NIH) an office to be known 
as the NIH Mother Screening Reference which shall be responsible for drafting and 
ensuring good laboratory practice and standards for mother screening, including 
establishing an external laboratory proficiency testing and certification program. The 
NIH Mother Screening Reference Center shall also act as the principal repository of 
technical information relating to mother screening procedures, guidelines and standards 
and other related information. 
SEC. 12. 
Confidentiality of Medical Information of the Mother. - To 
ensure that the mother screening is implemented subject to all other rights guaranteed 
by the Constitution, the Department of Health (DOH), in consultation with the 
Department of Justice (DOJ), shall formulate the pertinent implementing rules and 
regulations to ensure the confidentiality of the medical records of the mother and protect 
the unwarranted intrusion into the privacy of the patient, particularly in relation to the 
medical condition of the patient. 
SEC. 13. 
Appropriation. - The amount necessary to carry out the provisions 
of this Act shall be included and incorporated in the annual general appropriations of the 
Department of Health (DOH) and the National Institute of Health (NIH). 
SEC. 14. 
Implementing Rules and Regulations (IRR). - The Department of 
Health (DOH), in coordination with the National Institute of Health (NIH), shall 
promulgate the rules and regulations necessary to implement the provisions of this Act, 
within six (6) months from the date of effectivity herein. 


SEC. 15. 
Repealing Clause. -All Laws, decrees, executive orders, rules and 
regulations or parts thereof not consistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 16. 
Separabilify Clause. - If any provision or part of this Act, or the 
application thereof to any person or circumstance, is held unconstitutional or invalid, the 
remainder of this Act shall not be affected thereby. 
SEC. 17. 
Effecfivjfy Clause. - This Act shall take effect fifteen (15) days 
from the date of its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation.