• 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 26 P 4 :02 
SENATE 
S. No. 
1741 
~~~nH...lI·",;lLqLI·.<1I.V E!J g '{:-r 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 15 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. 
A child, 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 i,n a manner that ensures it will 
be evident if infants are missing from the hospital.' 
~'- 4~ . 
..4rv-. . ~ "it;i' 
MIRIAM DEF 
SOR s"J1TI 
1f . 
. 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


SIXTEENTH CONGRESS Of THE REPUBLIC 
) 
Of THE PHILIPPINES 
) 
first Regular Session 
) 
'13 
SEP 26 P 4 :02 
s.N;ml~~l 
__________ uHLIiCFlVEIl HY:.-r~ 
Introduced by Senator Mitiarn Defensor Santiago 
1 
AN ACT 
2 
REQUIRING HOSPITALS TO ESTABLISH AND IMPLEMENT SECURITY PROCEDURES 
3 
TO REDUCE THE POSSIBILITY Of INFANT PATIENT ABDUCTION 
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AND BABY SWITCHING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Infant Protection and Baby 
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Switching Prevention Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to protect the family, 
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strengthen its solidarity, and actively promote its total development. 
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SECTION 3. Definition of Terms. - for the purpose of this Act, the terms: 
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(A) 
"Identification record" means a record maintained by a hospital to aid in the 
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identification of newborn patients of the hospital, including any of the following: 
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(1) 
The footprint, fingerprint, or photograph of the newborn patient. 
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(2) 
A written description of the infant. 
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(3) 
An identification bracelet or anklet put on the newborn patient, or the 
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mother ofthe newborn patient, by a staff member of the hospital. 
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(B) 
"Secretary" means the Secretary 0 f Health. 
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SECTION 4. Establishment of Security Procedures. ~ In the case of hospitals and critical 
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access hospitals which provide neonatal or infant care, to have in effect security procedures to 
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meet the standards established by the Secretary, in consultation with appropriate organizations, 
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to reduce the likelihood of infant patient abduction and baby switching, including standards for 
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identifying all infant patients in the hospital in a manner that ensures that it will be evident if 
2 
infants are missing form the hospital. 
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SECTION 5. Regulations. - The Secretary of Health shall-
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(A) 
Consult with various organizations representing consumers, appropriate national 
5 
and local regulatory agencies, hospitals, and critical access hospitals; 
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(B) 
Take into account variations in size and location of hospitals and critical access 
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hospitals, and the percentage in size and location of hospitals and critical access hospitals that 
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neonatal care and infant care represent; and 
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(C) 
Promulgate specific regulations that address each size and type of hospital 
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covered. 
II 
SECTION 6. Publication. - Not later than twelve (12) months after the date of the 
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enactment of this Act, the Secretary shall publish regulations to implement tllis Act. In order to 
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carry out this requirement in a timely manner, the Secretary may promulgate regulations that 
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take effect on an interim basis, after notice and pending opportunity for public comment. 
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SECTION 7. Penalties.-
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(A) 
Amount of Penalty. - A hospital that commits a violation described in paragraph 
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(B) of this subsection is subject to a civil monetary penalty of not more than One Million Pesos 
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(Pl,OOO,OOO.OO), or not more than Five Hundred Thousand Pesos (P500,000.00) in the case of a 
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hospital with less than 100 beds, for such violation. 
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(B) 
Violation by a Hospital. - A hospital described in paragraph (A) commits a 
! 
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violation for purposes of this subsection if the hospital fails to have in effect security procedures 
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that meet the standards established by the Secretary under Section 3 of this Act to reduce the 
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likelihood of infant patient abduction and baby switching, including standards for identifying all 
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infant patients in the hospital in a manner that ensures that it will be evident if infants are missing 
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from the hospital. 
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(C) 
Baby SWitching. - Baby switching is committed by one who knowingly alters or 
2 
destroys an identification record of a newborn patient with the intention that the newborn patient 
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be misidentified by any person shall be fined not more than Fifty Thousand Pesos (P50,OOO.OO) 
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in the case of an individual, and not more than Five Hundred Thousand Pesos (P500,OOO.00), in 
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case of an organization, or imprisonment for not more than five (5) years, or both, at the 
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discretion of the court. 
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SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
II 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
12 
with the provisions of this Ac( is hereby repealed, modified, or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
<: 
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