Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
The COVID-19 pandemic has created a paradoxical situation for many
Filipinos. With soaring numbers of individuals falling prey to the deadly
virus, the need to access medical services was at an all time high. Add to
this the regular, non-pandemic diseases that people may wish to visit health
professionals for. However, the strict, but necessary, lockdown policies have
made it all but impossible for many to visit clinics or hospitals. Filipinos,
ever
adaptable,
responded
by
moving medical consultations to digital
platforms. Slowly but surely, many Filipinos were able to receive proper
medical assistance even as they stayed within their homes.
Now that we have seen the benefits of leveraging modern technology to
make many tasks, including medical consultations, more convenient and
accessible, it would be in our best interest to institutionalize and improve
these options. Not only so we are ready for another global pandemic, but
because it has the power to help us make sure that the promise of adequate
health care for every Filipino is realized.
It is for the foregoing reasons that the passage of this bill is earnestly
sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
March 21, 2023
12:53 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
EXPANDING THE SCOPE OF MEDICAL PRACTICE THROUGH
PROVIDING GUIDELINES FOR TELEMEDICINE SERVICES, AMENDING
REPUBLIC ACT NO. 2382, OR THE MEDICAL ACT OF 1959, AND FOR
OTHER PURPOSES.
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
“Telemedicine Act”.
SECTION 2. Declaration of Policy. – The State recognizes the right of
the Filipino people to health and its obligation to remove barriers to the
exercise of this right as much as practicable, especially during these
uncertain times. The pandemic exposed the weaknesses of our health
system and tested the ability of our health institutions to react and adapt to
an extended period of national health emergency. It is therefore necessary to
regulate the practice of telemedicine in the Philippines to ensure the
protection of the health of Filipinos as more and more opt to acquire these
novel services for their convenience.
SECTION 3. Objectives. – This Act provides for and shall govern the:
a) Provision of access to telemedicine health services in medically
underserved rural and urban areas;
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b) Standardization, upgrading, and maintenance of the distinct
domain of telemedicine;
c) Supervision and regulation of the practice and operations of
telemedicine;
d) Upholding of competence, values, and professional ethics of
physicians who will engage in the practice of telemedicine.
SECTION 4. Definition of Terms. – As used in this Act, the following
terms shall mean:
a) Practice of Medicine refers to acts constituting the practice of
medicine.
A person shall be considered as engaged in the practice of
medicine when he or she (a) shall, for compensation, fee, salary
or any other legal form of consideration paid to him directly or
remotely examine any person, and diagnose, treat, operate,
counsel, or prescribe any remedy for human disease, injury,
deformity,
physical,
mental
or
physical
condition,
or
any
ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or recommended;
or (b) shall by means of signs, cards, advertisements, written or
printed matter, or through the radio and television, either offer
or undertake by any means or method to diagnose, treat,
operate, or prescribe any remedy for any human disease, injury,
deformity, mental or physical condition; or, (c) shall falsely use
the title of M.D. after his name.
b) Telemedicine, as defined by the World Medical Association,
refers to the practice of medicine over a distance, in which
interventions,
diagnostics,
and
treatment
decisions
and
recommendations are based on data, documents, and other
information transmitted through telecommunication systems.
c) Teleconsultation, sometimes referred to as remote consultation
or telehealth, refers to interactions that happen between a
clinician and a patient for the purpose of providing diagnostic or
therapeutic advice through electronic means.
d) Physician refers
to a professional duly-licensed to practice
medicine or otherwise permitted to engage in the practice of
medicine by the Medical Act of 1959.
e) Patient
refers
to
any
person
receiving
medical
advice
or
treatment.
f)
Domain refers to a specified field of knowledge or activity.
g) Telecommunication systems refer to a collection of nodes and
links
including
devices
and
technology
used,
to
enable
telecommunication.
SECTION 5. Applicability. – This law shall apply to all physicians or
persons engaged in the industry of telemedicine, including hospitals and
establishments
which
offer
telemedicine
to
its
patients
through
its
physicians.


SECTION 6. Enforcement. - The Department of Health (DOH) shall
regulate and supervise the telemedicine practice in the Philippines and shall
be permitted to create an attached agency intended for this purpose.
SECTION 7. Persons Allowed to Diagnose through Telemedicine. - Only
licensed physicians or those licensed by the Professional Regulatory Board
of Medicine are allowed to diagnose and provide physician consultation
services through telecommunication systems.
SECTION 8. Privacy and Consent of Patients. - The following general
conditions
shall
be
observed
and
complied
with
by
the
parties
to
telemedicine service:
a. Prior to the rendering of health services through telemedicine,
the physician who has the authority over the primary diagnosis
shall
obtain
written
informed
consent
duly
signed by the
patient. The consent procedure shall contain the following and
ensure that the following information is given and explained to
the patient:
1. The individual retains the option to withhold or withdraw
consent, at any time, without affecting the right to access
to care or treatment which the individual would otherwise
be entitled to;
2. A clear explanation of the potential risks, consequences,
and benefits of telemedicine;
3. That all existing laws and stipulations on confidentiality
shall apply;
4. That
the
patient
shall
have
access
to
all
medical
information transmitted during the teleconsultation, and
copies of this information shall be made available to the
patient;
5. That
any
of
the
patient’s
identifiable
images
or
information
from
the
teleconsultation
shall
not
be
disseminated to other third parties without the patient’s
consent; and
6. That the patient understands the written information
provided and that this information has been discussed
with
the
physician,
or
his
or
her
representative
or
assignee.
b. The written consent statement signed by the patient shall
become part of the patient’s medical record.
c. The failure of the physician to comply with this section shall be
penalized under this Act.
d. Where the patient is a minor or is incapacitated or incompetent,
such that he or she is unable give perfected informed consent,
the patient’s legal guardian shall sign in behalf of the patient.
e. The physician or persons engaged in telemedicine, including
hospitals or establishments which offer this service through its
licensed
physicians,
shall
have
the
obligations
of
a
data
controller under the Data Privacy Act of 2012.


f.
The patient shall have all the rights of a data subject under the
Data Privacy Act of 2012.
g. This section does not apply in an emergency situation in which
a
patient
is
unable
to
give
informed
consent
and
the
representative of that patient is not available.
SECTION 9. Establishment of physician-patient relationship. - Upon
compliance
with
the
preceding
paragraph,
the
physician
and
patient
interacting
through
telecommunication
services,
for
purposes
of
telemedicine
practice,
shall
be
considered
to
have
established
a
physician-patient relationship, and all pertinent laws governing and related
to the said relationship shall likewise apply.
SECTION
10.
Compliance required.
Hospitals,
establishments,
or
persons allowed under this Act, to offer the delivery of medical services
through telecommunication systems, or otherwise regarded as telemedicine
practice, shall meet the following requirements:
a. All persons and facilities including but not limited to clinics,
hospitals, and medical establishments, which will undertake
telemedicine
practice shall be registered with the DOH as
facilities rendering telemedicine;
b. All personnel employed by, whether regular or contractual, the
above-stated facilities, intended to handle all the data and
telecommunication systems under this Act shall be licensed or
certified by their respective board or agency, where licensure is
required by law;
c. All equipment and telecommunication systems intended to be
used in carrying out telemedicine shall be duly declared upon
registration with the DOH and the operating personnel for the
equipment or system shall be licensed or certified, as required
by law;
d. All telemedicine services shall be available, at reasonable times,
to all persons intending to avail such services. To the extent
feasible, the facility shall make all services accessible to all.
SECTION 11. Implementing Rules and Regulations. - Department of
Health
(DOH),
in
consultation
and
coordination
with
the
appropriate
government agencies, representatives from the private sector, and other
stakeholders, shall formulate and promulgate the implementing rules and
regulations and other issuances as may be necessary to ensure the effective
implementation of the provisions of this Act within ninety (90) days from the
approval thereof. The implementing rules and regulations issued pursuant
to this section shall take effect (30) days after its publication in any
newspaper of general circulation.
SECTION 12. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.


SECTION
13.
Repealing
Clause.
–
All
laws,
executive
orders,
presidential decrees or issuances, letters of instruction, administrative
orders, rules, and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
SECTION 14. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved,