Introduced by Senator Lapid 
EXPLANATORY NOTE 
When the Electronic Commerce Act of 2000 was conceived in Congress, it 
was the primal intention to make every transaction both in the private and 
government offices easier and faster. Since then, private establishments and 
government offices 
conceptualized ways to make paper-less and remote 
transactions possible, making the life of the Filipinos less complicated. 
It is in this context that this bill was prepared. Having access to our own 
medical records electronically over the internet will not only save time, money 
and effort but more importantly, it will serve as a means of obtaining medical 
information of patients that can be useful in times of emergency. 
The business of providing healthcare service should ride on the present 
advanced services provided by the Information and Communications 
Technology. Let us exploit all the benefits which on-line transactions can deliver 
to our society in order to protect and save lives. 
As a means of delivering improved health care service, I urge my 
colleagues to support this worthwhile measure. 
f7 
I 


SENATE 
a\*< 
1 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
MAKING AVAILABLE 
ELECTRONIC ~
E
~
l
~
~
L
 
R € C O R ~  
PATIENTS OF HOSPITALS AND CLINICS ESTABLISHING FOR THIS 
PURPOSE ELECTRONIC MEDICAL RECORD CENTER UNDER THE 
DEPARTMENT OF ‘HEALTH APPROPRIA~ING ~ U N ~ S  
T
~
~
R
~
F
~
~
E
 
AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title of the Act. - This Act shall be known as the “Electronic 
Medical Records Act of 2006. 
Sec. 2. Declaration of Policy. - It is hereby declared policy of the State to 
adopt an integrated and comprehensive approach to health development which 
shall endeavor to make essential goods, health and other social services 
available to all the people. Towards this end, the State shall encourage the use 
of Information and Communications Technology (ICT) for the fast, easy and 
reliable access to medical records of all patients by making available on-line their 
medical information in order to benefit them in times of emergency and 
immediate needs for the records 
Sec. 3. Definition of Terms. - For purposes of this Act the following term 
shall mean: 
1 .) Electronic Medical Records- shall refer to medical background and history of 
medical service provider’s patients and such other information to be designed 
and developed by the Records Center. It shall come in a standard electronic 
format. 


2.) Medical service providers - shall refer to all medical practitioners, hospitals, 
clinics, centers and other similar institutions that provide medical care service 
and assistance. 
3.) Medical practitioners - shall refer to licensed physicians practicing in urban 
cities and municipalities 
4.) Department - shall refer to the Department of Health 
5.) Records Center - shall refer to the Electronic Medical Records Center created 
under this Act. 
6.) Secure Socket Layer- Also known as SSL is a technology which negotiates 
and employs the essential functions of mutual authentication, data encryption, 
and data integrity for secure transactions. The SSL security protocol provides 
data encryption, 
server 
authentication, 
message integrity, and 
client 
authentication for a TCPllP connection. 
7.) 128-bit encryption - represents a very strong method of encryption generated 
by every encrypted transaction. The process of encryption hides data or the 
contents of a message in such a way that the original information can be 
recovered through a corresponding decryption process. Encryption and 
decryption are common techniques in securing electronic data communications. 
Sec. 4. Electronic Medical Records Facilities Creation, Maintenance and 
Uploading - Alf provisions of existing laws to the contrary notwithstanding, 
medical service providers shall create and maintain electronic medical records 
which shall be electronically uploaded on a regular basis. The medical service 
providers shall likewise maintain hard copies of the electronic records to be 
printed and stored as back-up records. 
All concerned medical service providers may elect to keep their own 
existing format in addition to the new electronic records and its back-up for 
purposes of their own use or in providing hard copies to patients. Provided 


however, that back-up copies of electronic records shall, at all times, be included 
when providing hard copies to the requesting patients. 
The electronic medical records facilities aside from keeping records, shall 
likewise provide for an electronic facility where the patients and medical service 
providers can communicate on-line either in real time or off line. 
Sec. 5. Electronic Medical Records Center. - There shall be created an 
Electronic Medical Record Center to be placed under the Office of the Secretary 
of the Department of Health. The center shall serve as a hub of all databanks of 
medical records and other pertinent information significant to the patient's 
medical history. 
The Records Center shall generate specialized software to be distributed 
and used as the standard platform for the maintenance, updating, uploading and 
making available electronic Medical Records. 
The center shall enforce 
strict compliance with the uploading and 
updating of electronic medical records as provided for in this Act. 
Sec. 6. Security Features of Electronic Medical Records. - In order to 
assure the privacy of all medical records, electronic communications and 
transactions electronic medical records system .shall use the existing 128-bit 
encryption or higher form of Secure Socket Layer (SSL) technology which may 
be devised in the future. 
The security features of electronic medical records shall likewise comply 
with the security provisions as provided for in RA 8792 or the Electronic 
Commerce Law of 2000. 
Sec. 7. Funding. - There is hereby authorized to be appropriated for the 
implementation of this Act the amount of Ten Million Pesos (PlO,OO,OOO.OO) for 
the initial operations of the Electronic Medical Records Center as an attached 
agency of the Department. Thereafter, such amount needed to implement this 
Act shall be included in the Annual Appropriations Act of the Department. 


Sec. 8. Implementing Rules and Regulations. - The Department shall 
create a special committee to draft the Implementing Rules and Regulations 
governing this Act. Within three (3) months from the effectivity of this Act, the 
special committee shall submit the IRR to the Secretary of the Department who 
shall approve it within thirty (30) days. 
Sec. 9. Separability Clause. - If any provision of this Act or the application 
of such provision to any person or circumstances is held invalid, the remainder of 
this Act or the application of such provision to other persons or circumstances 
shall not be affected thereby. 
Sec. 'lo. Repealing Clause. -All laws, rules or orders inconsistent with the 
provisions of this Act are hereby repealed. 
Sec. 11. Effectivity. - This Act shall take effect upon completion of its 
publication in at least one (1) national newspaper of general circulation. 
Approved,