Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No.__1591 _

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

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

EXPLANATORY NOTE

This measure seeks to expand the scope of medical practice by
institutionalizing the practice of telemedicine in the country so as to make healthcare

services accessible and available to a broader audience.

The 1987 Constitution guarantees the right to health of the people and the
accessibility and availability of health and other social services to all the people as
provided for in Article II, Section 15 and in Article XIII, Section 11, where it states:

“SECTION 15. The State shall protect and promote the right to health of the

people and instill health consciousness among them.

XXX

SECTION 11. The State shall adopt an integrated and comprehensive

approach to health development which shall endeavor to make essential goods,

health and other social services available to all the people at affordable cost.


There shall be priority for the needs of the underprivileged sick, elderly,
disabled, women, and children. The State shall endeavor to provide free

medical care to paupers.”

Since the pandemic started, people have been encouraged to adapt the "new
normal” and it highlights the significance of using and maximizing technological
advancements more than ever. In order to continue rendering services to the people
especially in times of pandemic, it is imperative to propose measures that addresses

such changes in our society.

In view of the foregoing, approval of this bill is earnestly sought.

Rep. YEDDA MARIE K. ROMUALDEZ
Representative /Tingog Sinirangan

Rep. JUDB/A. ACIDRE
Representative, Tingog Sinirangan


x
Republic of the Philippines he
HOUSE OF REPRESENTATIVES Ka
IS

Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. __1591__ Wo pet

Introduced by

HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

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 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, including access to health services, especially in times
of a pandemic, where the new normal sets to maintain the state of physical
distancing and the public’s limitation to travel and movement. It is high time,
therefore, to introduce, and at the same time regulate, the practice of
telemedicine in the Philippines. It is the intent of the legislature to recognize the
practice of telemedicine as a legitimate means by which a patient may receive
medical services from a licensed physician without physical contact.

Section 3. Objectives. This Act provides for and shall govern the:
a. Provision of access to 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 profession ethics of
physicians who will engage with the telemedicine practice.

Section 4. Definition of Terms. As used in this act, the following terms.

shall mean:

a. Practice of Medicine refers to acts constituting 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
reward in any form paid to him directly or through another, or even
without the same, physically or remotely examine any person, and
diagnose, treat, operate, or prescribe any remedy for human disease,
injury, deformity, physical, mental or psychical 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) shail 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. 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.

d. Patient reters to any person receiving medical treatment.


e. Domain refers to a specified field of knowledge or activity.
f. 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 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;

2. Aclear explanation of the potential risks, consequences, and
benefits of telemedicine;


3. All existing laws and stipulations on confidentiality shall apply;
4. The patient shall have access to all medical information
transmitted during a telemedicine consultation, and copies of

this information shall be made available to the patient;

5. Dissemination of any patient's identifiable images or
information from the telemedicine consultation to other third
parties shall not be made without the consent of the patient;
and,

6. The patient understands the written information provided
pursuant to subdivision 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 to give 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 to 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. Allpersonnel 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 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. /mplementing Rules and Regulations. Within ninety (90)
days after the approval of this Act, the DOH, in consultation and coordination
with appropriate government agencies, representatives from the private sector,
and other stakeholders, shall promulgate the necessary implementing rules and
regulations for the effective implementation of this Act.


Section 12. Separability Clause. \n the event that any provision of this
Act or the application of such provision to any person or circumstance is
declared invalid, the remainder of this Act or the application of said provisions
to other persons or circumstances shall not be affected by such declarations.

Section 13. Repealing Clause. All acts and regulations not consistent
with this Act are hereby amended or repealed.

Section 14. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.

Approved,