SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Hotise Bill No__ 398

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

‘This measure aims to protect the well- being of the mother and to prevent the unborn from
the harmful effects that cosmetic surgery may cause. 7,

Under the measure, all cosmetic surgery practitioners shall subject women of childbearing
age, who will undergo cosmetic surgery procedure, to mandatory pregnancy testing to be
administered by a medical practitioner that is capable of undertaking accurate pregnancy testing.

‘The bill mandates the cosmetic surgeon to make a reasonable disclosure of available choices
with respect to a cosmetic procedure and inform the patient of the precise and potential risks and
the possible dangers of undergoing the surgery when a woman is pregnant.

‘The proposed measure also provides for a graduated penalty for the offender, natural or
juridical person. Under the bill, first offense shall be penalized with a reprimand to be officially
recorded in the approptiate books of the Professional Regulation Commission and the Philippine
Medical Association. Penalty for the second offense shall be not less than P5,000 but not
exceeding P10,000 while for third offense, a fine of not less than P10,000 but not more than
20,000 and suspension of license to practice the profession for 90 days. The fourth and subsequent
offenses shall be penalized with a fine of not less than P20,000 but not more than P30,000 and
suspension of license to practice the profession for one year.

In case the offense results in the death of the mother or miscattiage of the unborn, the
offender shall be penalized with a fine of not less than P30,000 but not more than P50,000 and the
suspension of the license to practice the profession for not less than two years but not to exceed five
years at the discretion of the court.

SUSAN A.

Representative, 2 ict-of Tarlac


SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session ae

HOUSE OF REPRESENT ATTVES

ee 398
House Bill No._

Introduced by Representative Susan A. Yap

AN ACT
PROVIDING FOR THE MANDATORY PREGNANCY TESTING OF ALL
WOMEN OF CHILDBEARING AGE WHO WILL UNDERGO COSMETIC
SURGERY, PROVIDING PENALTIES THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and Flouse of Representatives ofthe Philipines in Congress assembled:

SECTION 1. Declaration of Policy - It is hereby declared the policy of the State to ensure
the well-being of patients, especially the protection of pregnant women and the right to life
of a child from conception to birth, against the potential dangers of cosmetic surgery procedures.

SECTION 2. Objectives. - Towards this end, the State shall provide for the mandatory
pregnancy testing of all women of childbearing age who will undergo cosmetic surgeries and
shall ensure the safety of all patients from the harmful effects that may be caused by cosmetic
surgery procedures through a disclosure requirement on the potential dangers of such procedures.

SECTION 3. Definition of Terms. - For the purpose of this Act, the following terms
shall be defined as follows:

(a) Childbearing age shall refer to the af up during which period a female is capable of
ne ge ige group is Bs iP
procreation.

(b) Cosmetic surgery shall refer to a subspecialty of medicine and surgery that distinctly
restricts itself to the enhancement of appearance through surgical and medical techniques and is
primarily concemed with maintaining normal appearance, restoring it or enhancing it beyond the
average level toward some aesthetic ideal. It is a multidisciplinary approach that is directed to all areas
of the head, neck and body.

(© Cosmetic surgery practitioner shall refer to a registered physician or a medical associate duly
licensed by the Board of Medicine of the Professional Regulation Commission (PRC) offering
expertise in a broad range of cosmetic surgery services.

(4) Human Chorionic Gonadotrophin (HCG) shall refer to the hormone produced during
pregnancy which appears in the blood and urine of pregnant women as early as ten (10) days after
conception.

(© Medical practitioner shall refer to any physician, nurse or midwife who is duly registered by
the respective Boards of the PRC and who is capable of administering accurate pregnancy testing,

(8 Pregnancy test shall refer to the procedure in which the hormone called HCG is measured.
(@ Unbom shall refer to an offspring of human beings that is still existing in the mother's

womb.

SECTION 4. Mandatory Pregnancy Testing. - The State shall, in the interest of ensuring
the well-being of pregnant women and protecting the welfare of the unborn, require all cosmetic
surgery practitioners to subject women of childbearing age who shall undergo cosmetic surgery
procedures that may be harmful to pregnant women and the unborn to a mandatory pregnancy
testing. The test shall be administered by the cosmetic surgery practitioner or any medical


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practitioner who shall certify to the veracity or authenticity of the test: Provided, however, That women
who have been found to be infertile or incapable to reproduce based on objective criteria as may be
supported by a certified medical record shall be exempt from the provisions of this Act. Objective
criteria for ruling out potential pregnancy include total hysterectomy, bilateral tubal ligation or the
passage of at least one (1) year without menstruation or menopause. Potentially harmful types of
cosmetic surgery include those that require the administration of general anesthesia using
inhalational anesthetic gases and other types of sedating drugs given intravenously ot otally to
patients to induce anesthesia, and those that will require the use of post medications that may be
harmful to pregnant women which would include, but not limited to: liposuction of the abdomen,
arms, thighs, submental areas, a combination thereof or involving the whole body, tummy tuck or
abdominoplasty, breast augmentation, mastopexy and butt augmentation.

SECTION 5. Conduct of Pregnancy Testing. - The test shall be administered primarily for the
purpose of determining pregnancy by collecting or extracting blood serum from the woman. Pregnancy
testing may be qualitative in order to determine the presence of HCG hormone, or quantitative in order
to measure the extent of HCG present in the body.

SECTION 6. Mandatory Disclosure of Potential Risks of Cosmetic Surgery Procedures. - It shall be the
obligation of the cosmetic surgery practitioner to make a reasonable disclosure of available choices
with respect to a cosmetic procedure and to inform the patient of the precise and potential
dangers associated with the procedure and the possible dangers of undergoing such procedure
when a woman is pregnant. The cosmetic surgery practitioner shall explicitly advise in lay terms or
in a manner that the patient can give an informed or intelligent consent to such procedure. An
informed consent form shall thereafter be signed by the patient before undergoing a cosmetic surgery
procedure.

SECTION 7. Probibited Acts. - The following acts shall constitute an offense punishable
under this Act:

(@) Failure of the cosmetic surgery practitioner to inform the patient of the potential dangers
of cosmetic surgery procedures as prescribed under Section 6 of this Act;

(b) Performing cosmetic surgery procedure on any woman of childbearing age without
the required pregnancy test; and

(© Performing cosmetic surgery procedure on any woman who has been positively found
to be pregnant even when there is full disclosure or signed waiver of the right to sue over a denied
and undetected pregnancy on the part of the woman.

SECTION 8. Penalties. -Any person who shall violate any provision of this Act shall suffer
the penalties as graduated hereunder:

(a) For the first conviction, he shall suffer the penalty of reprimand, which shall be officially
recorded in the appropriate books of the PRC and the Philippine Medical Association;

(b) For the second conviction, the penalty of fine in the amount of not less than Five
thousand pesos (P5,000.00) but not exceeding Ten thousand pesos (P 10,000.00) at the discretion of
the court;

(© For the third conviction, the penalty of fine in the amount of not less than Ten thousand
pesos (P10,000.00) but not exceeding Twenty thousand pesos (P20,000.00) at the discretion of the
court and suspension of the license to practice the profession for ninety (90) days; and

(@ For the fourth and subsequent convictions, the penalty of fine of not less than
‘Twenty thousand pesos (P20,000.00) but not exceeding Thirty thousand pesos (P30,000.00) at
the discretion of the court and suspension of the license to practice the profession for one (1)
year.

In case of conviction resulting in the death of the mother or miscarriage of the unborn, a
tine of not less than Thirty thousand pesos (P30,000.00) but not exceeding Fifty thousand pesos
(P50,000.00) and a penalty of suspension of the license to practice the profession for not less than
two (2) years but not exceeding five (5) years shall be imposed at the discretion of the court. If the
cosmetic surgery practitioner is affiliated, associated or connected to any firm, partnership,
corporation ot other juridical entity offering expertise in a broad range of cosmetic services



wherein the procedure was performed within its premises, such entity shall suffer the following
penalties:

(1) For the first conviction, a penalty of fine in the amount of Ten thousand pesos
(P10,000.00) but not exceeding Twenty thousand pesos(P20,000.00) at the discretion of the
court;

(2) For the second and third convictions, a penalty of fine in the amount of Twenty
thousand pesos (P20,000.00) but not exceeding Thirty thousand pesos (P30,000.00) at the
discretion of the court; and

(3) For the fourth and subsequent convictions, a penalty of fine in the amount of Thirty
thousand pesos (P30,000.00) but not exceeding Fifty thousand pesos (P50,000.00) at the
discretion of the court and three (3) months suspension of business permit and the license to
operate. The penalties imposed under this Act shall be without prejudice to other penalties
imposable under the Revised Penal Code and other applicable laws.

SECTION 9. Implementing Rules and Regulations, - The Department of Health shall issue
the necessary rules and regulations for the implementation of the provisions of this Act within
thirty (30) days after the effectivity of this Act.

SECTION 10. Separability Clause, - If, for any reason, any provision or part hereof is
declared invalid, the other provisions not affected thereby shall remain in full force and effect.

SECTION 11. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15)days after its
publication in any newspaper of general circulation.

Approved,