Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL no.84 86

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
EQUIRING HOSPITALS TO ESTABLISH AND IMPLEMENT SECURITY
}CEDURES TO REDUCE THE POSSIBILITY OF INFANT PATIENT ABDUCTION
AND BABY SWITCHING

The Constitution, Article XV provides:

Section 1. The State recognizes the Filipino family as the foundation of the
nation. Accordingly, it shall strengthen its solidarity and actively promote its
total development.

The child, as part of the family, is one of the most important assets of the nation.
Consequently, the State should exert every effort to promote the child’s welfare and
enhance his opportunities for a useful and happy life.

Achild, separated from his family, loses the opportunity to develop in a wholesome and
harmonious atmosphere conductive to his proper upbringing, particularly with respect to
his preparation for adult life and the conscientious discharge of his civic duties as a
whole.

Accordingly, this bill seeks to require hospitals: a) to establish and implement security
procedures to reduce the likelihood of infant patient abduction and baby switching; and b)
to devise procedures for identifying all infant patients in the hospital in a manner that
ensures it will be evident if infants are missing from the hospital.

LUIS RAYMUND “LRAY? F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session
8486
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
REQUIRING HOSPITALS TO ESTABLISH AND IMPLEMENT SECURITY
PROCEDURES TO REDUCE THE POSSIBILITY OF INFANT PATIENT ABDUCTION
AND BABY SWITCHING

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

SECTION 1. Short Title. — This Act shall be known as the “Infant Protection and Baby
Switching Prevention Act.”

SECTION 2. Declaration of Policy. — It is the policy of the State to protect the Filipino
family, strengthen its solidarity, and actively promote its total development.

SECTION 3. Definition of Terms. — For the purpose of this Act, the terms:

jentification Record” means a record maintained by a hospital to aid in the
ication of newborn patients of the hospital, including any of the following:

(1) The footprint, fingerprint, or photograph of the newborn patient.

(2) Awritten description of the infant.

(3) An identification bracelet or anklet put on the newborn patient, or the mother of
the newborn patient, by a staff member of the hospital.

(B) “Secretary” means the Secretary of Health.

SECTION 4. Establishment of Security Procedures. — In the case of hospitals and critical
access hospitals which provide neonatal or infant care, to have in effect security
procedures to meet the standards established by the Secretary, in consultation with
joad of infant patient abduction and baby
switching, including standards for identifying all infant patients in the hospital in a manner



that ensures that it will be evident if infants are missing form the hospital.
SECTION 5. Regulations. - The Secretary of Health shall —

(A) Consult with various organizations representing consumers, appropriate national and
local regulatory agencies, hospitals, and critical access hospitals;

(B) Take into account variations in size and location of hospitals and critical access
hospitals, and the percentage in size and location of hospitals and critical access
hospitals that neonatal care and infant care represent; and

(C) Promulgate specific regulations that address each size and type of hospital covered.

SECTION 6. Publication. — Not later than twelve (12) months after the date of the
enactment of this Act, the Secretary shall publish regulations. In order to carry out this
requirement in a timely manner, the Secretary may promulgate regulations that take
effect on an interim basis, after notice and pending opportunity for public comment.

SECTION 7. Penalties. —

(A) Amount of Penalty. — A hospital that commits a violation described in paragraph (B) of
this subsection is subject to a civil monetary penalty of not more than One Million Pesos
(P1,000,000.00), or not more than Five Hundred Thousand Pesos (P500,000.00) in the
case of a hospital with less than 100 beds, for such violation.

(B) Violation by a Hospital. — A hospital described in paragraph (A) commits a violation
for purposes of this subsection if the hospital fails to have in effect security procedures
that meet the standards established by the Secretary under Section 3 of this Act to
reduce the likelihood of infant patient abduction and baby switching, including standards
for identifying all infant patients in the hospital in a manner that ensures that it will be
evident if infants are missing from the hospital.

(C) Baby Switching. - Baby switching is committed by one who knowingly alters or
destroys an identification record of a newborn patient with the intention that the newborn
patient be misidentified by any person shall be fined not more than Fifty Thousand Pesos
(P50,000.00) in the case of an individual, and not more than Five Hundred Thousand
Pesos (P500,000.00), in case of an organization, or imprisonment for not more than five
(5) years, or both

SECTION 8. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 9. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with, the provisions of this Act is hereby repealed, modified or amended


accordingly.

SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,