FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
s. No. 2133 
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Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Our 1987 Constitution provides that "the State shall protect and promote the right to 
health of the people and instill health consciousness among them." It is in this context that the 
State is being called upon to adopt comprehensive approaches to health development in order 
to protect and promote public health and the welfare of its citizens. 
This proposed Mother Screening Program falls directly within the mandate of the State to 
protect the public health and to promote the right to health of its people, particularly women and 
children. The social need that prompted the mandatory mother screening is the protection of the 
public health and safety. In fact, among the leading causes of death among women include 
infectious diseases and complications of pregnancy and childbirth. After childbirth, a mother is 
susceptible to health problems and chronic conditions. To prevent this from occurring, a mother 
should undergo screening tests apart from the post natal check-ups that are required, These 
tests can greatly help in the prevention of other serious illnesses such as STD, HIV/AIDS, heart 
diseases and breast cancer. 
Almost half of the Philippine population consist mainly of women living below the poverty 
line, Women have unique health needs and they are affected by a wide variety of conditions and 
diseases that do not affect men. It is the responsibility of the State to protect the health of its 
people especially mothers who suffer greatly before, during and after pregnancy. Indeed, this 
proposed measure will result in early detection of any defect in a mother's health to ensure 
application of preventive and rehabilitative treatment and hopefully extend and improve the 
child's quality of life. This legislative enactment, therefore, is being proposed to promote the 
best intere'st of the mother and the newborn baby. 
Under this proposal, the comprehensive mother screening fee shall be applied, among 
others, to testing costs, education, sample transport, follow-up and readable overhead 
expenses, 
Moreover, the Philippine Health Insurance Corporation (PHIG) is instructed to 
include the cost of mother screening tests in its benefit package available to its members, 
Furthermore, this proposed measure provides that the mother who is given mother screening 
tests after childbirth is ensured of the confidentiality,of her medical records in order to protect 
her Constitutional right to privacy. This is being implemented to ensure that the exercise in 
promoting public health and public welfare is subjected to all other rights guaranteed by our 
Constitution, 
In view of the foregoing concerns, the early passage of this bill is earnestly sought 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2133 
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MCEM:O !'IV' {5:::..-._ 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
INSTITUTING 
A 
COMPREHENSIVE 
SCREENING 
PROGRAM 
FOR 
MOTHERS AFTER CHILDBIRTH 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 "Mother 
Screening Act of 2010". 
SEC. 2. 
Declaration of Policy. - It is the policy of the State to protect and 
promote the right to health of the people, including the right of mothers to full and 
healthy development in their maternal and reproductive life. 
In the pursuit of such policy, the State shall institutionalize a mother screening 
program that is comprehensive, integrative and sustainable, and will facilitate the 
collaboration among government and non-government agencies at the national and 
local levels, the private sector, families and communities, and professional health 
organizations. The mother screening programs shall ensure that every pregnant mother 
and mothers after childbirth are given the opportunity to undergo comprehensive tests 
and screening process in order to ensure beUer health for the mothers of this country. 
SEC. 3. 
are the following: 
Policy Objectives. - The objectives of the Mother Screening Act 
1) 
To ensure that all mothers will have access to screening tests after 
childbirth in order to protect their health and detect possible complications after 
childbirth; 
2) 
To establish and institutionalize a sustainable and effective screening 
system for mothers after childbirth within the public health delivery system in the 
country; 
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3) 
To ensure that health practitioners are aware of their responsibilities in 
providing proper medications to mothers after childbirth in the event that an illness is 
detected after performing such tests; and 
4) 
To ensure that mother after childbirth recognize their responsibilities in 
nurturing their health, within the context of responsible parenthood, by protecting 
themselves from illnesses and diseases through mother screening tests. 
SEC. 4. 
Definition of Terms. -
For purposes of this Act, the following 
terms shall mean: 
1) 
Mother Screening Test - a screening test that includes full check up, 
including weight and height; collection and screening of blood samples from patient; 
clinical evaluations and confirmation of test results; medical treatment; surgical 
management and dietary program. 
2) 
Health Practitioners -
refer to physicians, nurses, midwives, nursing 
aides and traditional birth attendants. 
3) 
Health Institutions - refer to hospitals, health infirmaries, health centers 
and lying-in centers. 
4) 
Treatment- is the administration or application of remedies to a patient or 
for a disease or an injury; medicinal or surgical management. 
, 
SEC. 5. 
Mandatory Screening Test. - All mothers shall undergo screening 
tests after the delivery of their newborn. The purpose of which is to detect illnesses and 
provide proper medication and treatment that might have occurred after childbirth. For 
purposes of this Act, the Department of Health (DOH), in consultation with the various 
stakeholders in the health industry, shall determine the extent and coverage of the 
mother screening tests for purposes of viability, cost-effectiveness and cost-efficiency. 
SEC. 6. 
Health Provider's Obligation to Inform. - Any health practitioner 
who delivers, or assists in the delivery of a newborn in the Philippines shall, prior to 
delivery, inform the parents or legal guardian of the availability, nature and benefits of 
the mother screening tests provided for under this Act. For this purpose, it is the duty of 
the health practitioner to: 
a) 
fully inform the mother of the purpose and need for mother screening, and 
give the appropriate mother screening educational materials; 
b) 
ensure that appropriate specimens from the mother are submitted to the 
testing laboratory within seven (7) days upon giving birth, from whom no specimen has 
been previously collected; 
2 


c) 
ensure that specimen collection forms are properly stored and that all 
information required by the testing laboratory are fully completed; 
d) 
ensure that repeat specimens are submitted whenever the hospital 
is 
notified by the testing laboratory that the initial specimen was unsatisfactory or that an 
additional specimen is otherwise required; 
e) . 
conform with the specimen collection and submission procedures 
specified by the DOH; 
f) 
include in the mother's health record the test results received from the 
testing laboratory; 
g) 
provide case information, specimens and other information tracking and 
follow-up reviews requested by the testing laboratory; 
h) 
provide or arrange for post-test counseling for the mother; and 
i) 
provide the mother with referrals for health and social services as needed. 
The appropriate information, education and communication (IEC) campaign for 
this purpose shall be the responsibility of the DOH. 
SEC. 7. 
Refusal to be Tested. - A parent or legal guardian may refuse the 
availment of the mother screening but shall acknowledge in writing their refusal to avail 
of the mother screening tests. A copy of this refusal document shall be made part of the 
mother's medical record. 
SEC. 8. 
Continuing Education, Re-education and Training of Health 
Personnel. - The DOH, with the assistance of the National Institute of Health (NIH) and 
other government agencies, professional societies and non-government organizations, 
shall: 
a) 
conduct continuing information, education, re-education and training 
programs for health personnel on the rationale, benefits, procedures of mother 
screening tests, as provided for under this Act; and 
b) 
disseminate information materials on the screening procedures for 
mothers after childbirth to all health personnel involved in the delivery of childbirth. 
, 
SEC. 9. 
Lead Agency. -
The DOH shall be the lead agency in 
implementing the provisions of this Act. For purposes of achieving the objectives of this 
Act, the DOH shall: 
1) 
Establish an Advisory Committee on Mother Screening; 
2) 
Draft the implementing rules and regulations for the immediate 
implementation of a nationwide mother screening program within six (6) months from 
the date of effectivity of this Act; and 
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3) 
Coordinate 
with 
various 
agencies 
of the 
government 
for 
the 
implementation of the mother screening program. 
SEC. 10. 
Mother Screening Fees. -
The Philippine Health Insurance 
Corporation (PHIC) shall include the cost of mother screening as one of the available 
benefits to its members. The comprehensive mother screening fee shall be applied to, 
among others, testing costs, education, sample transport, follow-up and readable 
overhead expenses. 
SEC. 11. 
Mother Screening Reference Center. -
There is hereby 
established and created in the National Institute of Health (NIH) an office to be known 
as the NIH Mother Screening Reference which shall be responsible for drafting and 
ensuring good laboratory practice and standards for mother screening, including 
establishing an external laboratory proficiency testing and certification program. The 
NIH Mother Screening Reference Center shall also act as the principal repository of 
technical infwmation relating to mother screening procedures, guidelines and standards 
and other related information. 
SEC. 12. 
Confidentiality of Medical Information of the Mother. -
To 
ensure that the mother screening is implemented subject to all other rights guaranteed 
by the Constitution, the Department of Health (DOH), in consultation with the 
Department of Justice (DOJ), shall formulate the pertinent implementing rules and 
regulations to ensure the confidentiality of the medical records of the mother and protect 
the unwarranted intrusion into the privacy of the patient, particularly in relation to the 
medical condition of the patient. 
SEC. 13. 
Appropriation. - The amount necessary to carry out the provisions 
of this Act shall be included and incorporated in the annual general appropriations of the 
Department of Health (DOH) and the National Institute of Health (NIH). 
SEC. 14. 
Implementing Rules and Regulations (lRR). - The Department of 
Health (DOH), in coordination with the National Institute of Health (NIH), shall 
promulgate the rules and regulations necessary to implement the provisions of this Act, 
within six (6) months from the date of effectivity herein. 
SEC. 15. 
Repealing Clause. - All Laws, decrees, executive orders, rules and 
regulations or parts thereof not consistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
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SEC. '16. 
Separability Clause. - If any provision or part of this Act, or the 
application thereof to any person or circumstance, is held unconstitutional or invalid, the 
remainder of this Act shall not be affected thereby. 
SEC. 17. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
from the date of its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved, 
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