* REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Manila

FIFTEENTH CONGRESS
‘SECOND REGULAR SESSION

COMMITTEE REPORT No._1758
Submitted by the Committee on Health on 3.0 JAN 2012
Re : House Bill No. 5754
Recommending its approval in substitution of House Bill No. 366

Sponsors _: Reps. Alfredo D. Marafion Ill and Mary Mitzi “Mitch” L. Cajayon

Mr. Speaker:

The Committee on Health to which was referred House Bill No. 366 introduced by Rep. Mary
Mitzi “Mitch” L. Cajayon, entitled:

“ANACT
PROVIDING FOR THE MANDATORY PREGNANCY TESTING OF ALL WOMEN OF
CHILBEARING AGE WHO WILL UNDERGO COSMETIC SURGERY. PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES.”
5751

has considered the same and reconmmends that the attached House Bili No. entitled:

“AN ACT
PROVIDING FOR THE MANDATORY PREGNANCY TESTING OF ALL WOMEN OF
CHILBEARING AGE WHO WILL ‘UNDERGO COSMETIC SURGERY, PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES.”

be approved in substitution of House Bill No. 366 with Rep. Mary Mitzi “Mitch” L. Cajayon as author
thereof.

Respectfully submitted,

Had. ALFREDO D. MARANON
Chairman
Committee on Health

‘THE HONORABLE SPEAKER
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon city

Fifteenth Congress
Second Regular Session

5751

HOUSE BILL NO.,

Introduced by Hon. MARY MITZI “Mitch” L. CAJAYON

AN ACT
PROVIDING FOR THE MANDATORY PREGNANCY TESTING OF ALL
WOMEN OF CHILDBEARING AGE WHO WILL UNDERGO COSMETIC
SURGERY, PROVIDING PENALTIES THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Declaration of Policy. — It is heraby declared the policy of the
State to ensure the well-being of patients, especially the protection of
Pregnant women and the right to life of a child from conception to birth,
against the potential dangers of cosmetic surgery procedures.

SEC. 2. Objectives. ~ Towards this end, the State shail provide for the
mandatory pregnancy testing of all women of childbearing age who will
undergo cosmetic surgeries and shall ensure the safety of all patients from
the harmful effects that may be caused by cosmetic surgery procedures
through a disclosure requiremant on the potential dangers of such
procedures,

SEC. 3. Definition of Terms. — For the purpose of this Act, the following terms.
shall be defined as follows:

{a) Childbearing age shall refer to the age group during which period a female
is capable of procreation

(b) Cosmetic surgery shall refer to a subspecialty of medicine and surgery that
distinctly restricts itself to the enhancement of appearance through surgical
and medical techniques and is primariiy concerned with maintaining normal
appearance, restoring it or enhancing it beyond the average level toward
some aesthetic ideal. It is a multidisciplinary approach that is directed to all
areas of the head. neck and body.

(c) Cosmatic surgery practitioner shall reter to a registered physician or a
medical associate duly licensed by the Board of Medicine of the Professional
Regulation Commission (PRC) offering expertise in a broad range of cosmetic
surgery services.


ROHS Sows anoawne

(a) Human Chorionic Gonadotroptir (HCG) shall refer to the hormone
produced during pregnancy which appears m the blood and urine of pregnant
women as early as ten (10} days after conception.

(e) Medical practitioner shali refer ta any physician, nurse, or a midwife who is
duly registered by the respective Boards of the PRC and who is capable of
administering accurate pregnancy testing

(f} Pregnancy shall refer to the period from conception to birth. It shall begin
when the egg is fertilized by a sperm, implanted in the lining of the uterus,
grows into an embryo, develops into a placenta, and culminates into a fetus.

(g) Pregnancy test shail refer to the procedure in which the hormone called
Human Chorionic Gonadotrophin (HCG) is measured

(h) Unborn shalt refer to an offspring of human beings that is still existing in
the mother’s womb

SEC. 4. Mandatory Pregnancy Testing. — The State shail, in the interest of
ensuring the well-being of pregnant women and protecting the welfare of the
unbom, require ail cosmetic surgery practitioners to subject women of
childbearing age who shall undergo cosmetic surgery procedures that may be
harmful to pregnant women and the unborn, to a mandatory pregnancy
testing. The test shall be administered by the cosmetic surgery practitioner or
any medica! practitioner who shall certify to the veracity or authenticity of the
test. Provided, however, That women who have been found to be infertile or
incapable to reproduce based on objective criteria as may be supported by a
certified medical record shal! be exempt from the provisions of this Act.
Objective criteria for ruling out potential pregnancy include total hysterectomy,
bilateral tubal ligation or the passage of at least one (1) year without
menstruation of menopause. Potentially harmful types of cosmetic surgery
include those that require the administration of general anesthesia using
inhalational anesthetic gases and other types of sedating drugs given
intravenously or orally to patients to induce anesthesia, and those that will
require the use of past medications that may be harmful to pregnant women
which would include, but not limited te: Hposuction of the abdomen, arms,
thighs, submental areas, a combination thereof or involving the whole body,
tummy tuck or abdominoplasty, breast augmentation, mastopexy and butt

augmentation,”

SEC. 5. Conduct of Pregnancy Testing. - The test shall be administered,
primarily for the purpose of determining pregnancy by collecting or extracting
blood serum from the woman. Pregnancy testing may be qualitative in order
to determine the presence of HCG hormone, or quantitative in order to
measure the extent of HCG present in the body.

SEC. 6. Mandatory Disclosure of Potential Risks of Cosmetic Surgery
Procedures. - }t shail be the obligation of the cosmetic surgery practitioner to
make a reasonable disclosure of available choices with respect to a cosmetic
procedure and to inform the patient of the precise and potential dangers
associated with the procedure and the possible dangers of undergoing such

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procedure when a woman is pregnant. The cosmetic surgery practitioner shall
explicitly advise in fay terms or in a manner that the patient can give an
informed or intelligent consent to such procedure. An informed Consent Form
shail thereafter be signed by the patient before undergoing a cosmetic surgery
Procedure.

SEC. 7. Prohibited Acts. — The following acts shall constitute an offense
punishable under this Act:

(a) Failure of the cosmetic surgery practitioner to inform the patient of the
potential dangers of cosmetic surgery procedures as prescribed under
Section 6 of this Act,

{b) Performing cosmetic surgery procedure on any woman of childbearing age
without the required pregnancy test; and

(¢} Performing cosmetic surgery procedure on any woman who has been
positively found to be pregnant even when there is full disclosure or signed
waiver of the right to sue over a denied and undetected pregnancy on the part
of the woman.

SEC. 8. Penalties. — Any person who shall violate any provision of this Act
shail suffer the penalties as graduated hereunder:

{a) For the first conviction, he shalt suffer the penaity of reprimand, which shall
be officially recorded in the appropriate books of the PRC and the Philippine
Medical Association;

{b) For the second conviction, the penalty of fine in the amount of not less
than Five Thousand Pesos (P5,000.00} but not exceeding Ten Thousand
Pesos (P10,000.00) at the discretion of the court;

(c) For the third conviction, the penaity of fine in the amount of nat less than
Ten Thousand Pesos (P10,000.00) but not exceeding Twenty Thousand
Pesos (P20,000.00) at the discretion of the court and suspension of the
license to practice the profession for ninety (90) days; and

(Gd) For the fourth and subsequent convictions, the penaity of fine of nat jess
than Twenty Thousand Pesos (P20.000.00) but not exceeding Thirty
Thousand Pesos (P30,000.000) at the discretion of the court and suspension
of the license to practice the profession for one (1) year.

§n case of conviction resulting in the death of the mother ar miscarriage of the
unborn, a fine of not less than Thirty Thousand Pesos (P0,000.00) but not
‘exceeding Fifty Thousand Pesos (P50,000.00} and a penaity of suspension of
the ficense io practice ihe profession for nol less than two (2) years but not
exceeding five (5) years at the discretion af the court

Hf the cosmetic surgery practitioner is affiliated, associated, or connected to
any firm, partnership, corporation or other juridical entity offering expertise in a

3


broad range of cosmetic services wherein the procedure was performed
within its premises, such entity shall suffer the following penalties:

For the first conviction, a penalty of fine in the amount of Ten
Thousand Pesos (P10,000.00) but not exceeding Twenty
Thousand Pesos, at the ciscretion Of the court,

ii For the second and @ penalty of fine in the
amount of Twenty Thousand Pesos (P20,000.00) but not
exceeding Thirty Thousand Pesos (P30,000.00) at the discretion
of the court; and

ii, For the fourth and subsequent convictions, a penalty of fine in
the amount of Thirty Thousand Pesos (P30,000.00) but not
exceeding Fifty Thousand Pesos (PS0,000.00), at the discretion
of the court and three (3) months suspension of business permit
and the license to operate.

The penalties imposed under this Act shall be without prejudice to other
penalties imposable under the Revised Penal Code and other applicable laws.

SEC. 9. implementing Rules and Regulations. - The Department of Health
shall issue the necessary rules and regulations for the implementation of the
provisions of this Act within thirty (30) days after the effectivity of this Act.

SEC. 10. Separability Clause. — If, for any reason, a provision or part hereof is
declared invalid, the other provisions not affected thereby shall remain in full
force and effect,

SEC. 11. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 12. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after
its publication in any newspaper of general circulation.

Approved,


FACT SHEET
”
touse Bill No. 5754

in substitution of HB No. 366
(As Approved on by the Committee on August 24, 2011)

AN ACT PROVIDING FOR THE MANDATORY PREGNANCY
TESTING OF ALL WOMEN OF CHILDBEARING AGE WHO
WILL UNDERGO COSMETIC SURGERY, PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES

introduced by, REP. MARY MITZI L. CAJAYON AND ALFREDO D. MARANON Itt
Committee Referral: COMMITTEE ON HEALTH
Committee Chairperson: HON. ALFREDO D. MARANON tlt

OBJECTIVE:
+ To ensure the well being of the mother and to prevent the
urbom from the harmful ef that cosmetic surgery may
cause

KEY PROVISIONS:

* Requires ail cosmetic surgery practitioners to subject women of
childbearing age. who will undergo cosmetic surgery procedure,
fo a mandatory pregnancy testing to be administered by a
medical practitioner who is capable of determining accurate
pregnancy testing

« Exempts from the conduct of pregnancy testing those women
who have been found to be infertile or incapable to reproduce
based on objective criteria

* Mandates the cosmetic surgery practitioner to make a
reasonable disclosure cf available choices with respect to a
cosinatic procedure and inform the patient of the precise and
potential risks and tne possibie dangers of undergoing the same
when @ woman is pregnant

* Enumerates the prohibited acts that constitute offenses
punishable under this Act

« Provides for a graduated penalty for the offender, natural or
juridical persor

* Holds the chiei executive officer, president, general manager,
managing partner and other officer-in-charge liable for offenses
committed by corporation, partnership, or other juridical entity
duly organized in accordance with law

« Mandates the Department of Heaith to promulgate and issue the
necessary rules and regulations for effective implementation
within thirty (30) days upon its approval

RELATED LAW

« The Revised Penal Cade (Aricie 263)