FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
1398 
S.B. No. _--,--,-.:c 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to ensure that proper medical attention and consideration is 
provided to every patient undergoing cosmetic procedure, particularly female 
patients who might be aware or unaware that they are pregnant. 
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According to the Department of Health, the Philippines has earned an 
estimated $200 million from medical tourists in the year 2006. This is a manifestation 
that our medical tourism holds potentials and is fast keeping up with our western 
counterparts. 
As the said industry is still developing, our safety standards should always 
be kept on a high level to ensure its growth in the global market. It is in this sense 
that this proposed measure is presented to guarantee the safety of the patrons of our 
medical services, particularly women, foreign and local, alike. 
The bill ensures the conduct of mandatory pregnancy testing and further, the 
mandatory disclosure of potential risks of cosmetic procedures. The penalties for the 
violation of the same are also in place in order to put teeth into the measure. 
Moreover, this proposed 'legislation is in line with the State policy, as 
enshrined in our 1987 Constitution, that the State shall equally protect the life of the 
mother and the life of the unborn from conception. (Article 11, Section 12). 
In view of the foregoing, the passage of this bill is earnestly sought. 
~~ 
LOREN"EE'GARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No. 1398 
Introduced by Senator Loren Legarda 
AN ACT 
PROVIDING FOR THE MANDATORY PREGNANCY TESTING OF ALL 
WOMEN OF CHILDBEARING AGE WHO WILL UNDERGO COSMETIC 
PROCEDURES THAT ARE HARMFUL TO PREGNANT WOMEN AND 
UNBORN CHILDREN, AND DISCLOSURE OF THE POTENTIAL RISKS OF 
SUCH PROCEDURES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policy. - It is the declared policy of the State to 
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ensure the well being of patients, especially the protection of pregnant women and 
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the right to life beginning from conception against the potential risks of cosmetic 
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procedures. Towards this end, the State shall provide for the mandatory pregnancy 
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testing of all women of childbearing age who will undergo cosmetic procedures 
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and guarantee the safety of all patients from the harmful effects that may be caused 
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by cosmetic procedures through disclosure requirement of potential risks of such 
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procedures. 
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SECTION 2. Definition afTerms. - For the purpose at this Act, the following 
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terms shall mean as follows: 
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a) "Childbearing Age" shall refer to the age group during which period a female 
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is capable of procreation; 
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b) "Cosmetic procedure" shall refer to a subspecialty of medicine and surgery 
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that distinctly restricts itself to the enhancement of appearance through 
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surgical and medical techniques and is primarily concerned with maintaining 
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normal appearance, restoring it, or enhancing it beyond the average level 
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toward some aestt:etic ideaL It is a multidisciplinary approach that is directed 
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to all areas of the head, neck and body; 


c) "Cosmetic Provider" shall refer to any firm or corporation and any of its 
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medical associate or cosmetic surgeon offering expertise in a broad range of 
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cosmetic services duly certified by the Professional Regulatory Commission 
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as active in the practice of cosmetic surgery; 
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d) "Human Chorionic Gonadrophin" (HCG) shall refer to the hormone 
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produced during pregnancy which appears in the blood and urine of 
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pregnant women as early as ten (10) days after conception; 
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e) "Medical practitioner" shall refer to any phYSician, nurse or paramedical or 
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other supporting· personnel duly certified by the Professional Regulatory 
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Commission as capable of administering accurate pregnancy testing; 
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f) "Pregnancy" shall refer to the period from conception to birth and begins 
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when the egg is fertilized by a sperm and then implanted in the lining of the 
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uterus, develops into the placenta and embryo and later on into a fetus; 
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g) "Pregnancy test" shall refer to the procedure in which the hormone called 
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Human Chorionic Gonadrophin (HCG) is measured; 
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h) "Unborn child" shall refer to an unborn offspring of human beings from the 
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moment of conception, through pregnancy, and until live birth including the 
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human conceptus, zygote, morula, blastocyst, embryo and fetus. 
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SECTION 3. Mandatory Pregnancy Testing. - The State shall, in the interest 
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of ensuring the well being of pregnant women and protecting the welfare of the 
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unborn children, require all Cosmetic Providers to subject women of childbearing 
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age who are to undergo cosmetic procedures that may be harmful to pregnant 
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women and unborn children, tO'a mandatory pregnancy testing. The test shall be 
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administered by the Cosmetic Provider or any of its accredited medical practitioner 
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who shall certify to the veracity or authenticity of the test: Provided, That those 
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women found to be infertile or incapable to reproduce based on objective criteria as 
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may be supported by a certified medical record, shall be exempt from the provisions 
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of this Act. Objective criteria for ruling out potential pregnancy include total 
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hysterectomy, bilateral tubal ligation or the passage of at least one (1) year without 
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menses or menopause. Mandatory pregnancy testing shall be routinely performed 
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before any cosmetic procedure that the Cosmetic Provider may consider harmful to 
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pregnant women and unborn children. Harmful cosmetic procedures include those 
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that require the administration 9£ general anesthesia and other types of anesthesia 
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that the Cosmetic Provider may deem detrimental to the well being of the pregnant 
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women and unborn children. 
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SECTION 4. Conduct of Pregnancy Testing. - The test shall be administered, 
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primarily for the purpose of determining pregnancy, either by collecting a urine 
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sample or by extracting blood serum from the woman. Pregnancy testing may be 
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Qualitative in order to determine if HCG hormone is present and/ or Quantitative in 
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order to measure how much HCG is present. 
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SECTION 5. Mandatory Disclosure of Potential Risks of Cosmetic 
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Procedures. - It shall be the obligation of the Cosmetic Provider to make a reasonable 
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disclosure of available choices with respect to a cosmetic procedure and to inform 
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the patient of the precise and 'potential risks associated with specific cosmetic 
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procedure and the possible dangers of undergoing the same when a woman is 
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pregnant. The Cosmetic Provider shall explicitly give advise in lay terms or in a 
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manner that the patient can give an informed or intelligent consent to such 
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procedure. 
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SECTION 6. Prohibited Acts. - The follOWing acts shall constitute an offense 
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punishable under this Act: 
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a) Failure to inform the patient of the potential risks of cosmetic procedures as 
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prescribed under Section 5 of this Act; 
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b) Performing cosmetic procedure to any woman of childbearing age that is 
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harmful to pregnant women and unborn children without the required 
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pregnancy test; 
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c) Performing cosmetic procedure of any woman who has been positively found 
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to be pregnant even when there is full disclosure or signed waiver of the right 
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to sue over a denied and undetected pregnancy on the part of the woman. 
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SECTION 7. Penalties. - Any Cosmetic Provider who violates any provision 
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of this Act shall be punished by prision mayor and the cancellation of the license to 
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practice cosmetic procedure and a fine ranging from Five Hundred Thousand Pesos 
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(f!500,OOO.OO) to One Million Pesos (f!l,OOO,OOO.OO) in the discretion of the Court 
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taking into consideration all attending circumstances. 
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If the offense is committe~ by a corporation, partnership, or other juridical 
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entity duly organized in accordance with law, the chief executive officer, president, 
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general manager, managing partner or such other officer-in-charge shall be liable for 
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the commission of the offense penalized under this Act and the cancellation of its 
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business permit and license to operate. 
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SECTION 8. Implementing Rules and Regulations. - The Department of 
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Health shall, within thirty (30) days after the effectivity of this Act, promulgate and 
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issue the necessary rules and r~gulations for the effective implementation of the 
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provisions of this Act. 
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SECTION 9. Repealing Clause. - All laws, decrees, executive orders, rules 
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and regulations or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed or modified accordingly. 
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SECTION 10. Separability Clause. - If a part or provision of this Act is 
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declared unconstitutional or invalid, other provisions hereof not affected thereby 
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shall remain in full force and effect. 
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SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in two (2) newspapers of general circulation. 
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Approved, 
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