THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
Senate Bill No. 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Patients have the right to choose the healthcare providers that would 
give them access to high-quality healthcare. They have the right to be treated 
with courtesy and respect, with appreciation of their individual dignity and with 
protection of their need for privacy. Pursuant to these rights, patients must 
also be given the right to choose the gender of the health care personnel that 
would attend to their needs including their hygienic needs. This is to assure 
the patients that their participation in all aspects of their health care is 
important. Further, this will safeguard the patients, particularly, the women 
and mental health patients, of their right to be free from any form of abuse or 
harassment. 
On this note, the attached bill gives mental health patients the right to 
request that the health care be given by a licensed staff who has the sex that 
the patient requests. 
If the patient is incapacitated and unable to make a 
request, intimate care shall be provided by a staff member who is the same 
sex as the patient except as provided therein. 
Accordingly, the approval of this bill is earnestly sought. 
MA 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
Senate Bill No. 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
RELATING TO MENTAL HEALTH PATIENT RIGHTS AND TO A 
HOSPITAL'S DUTY TO PROVIDE CHOICE OF THE SEX OF STAFF 
PROVIDING INTIMATE CARE TO A MENTAL HEALTH PATIENT 
jh 
BeA enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. TMe. - 
This Act shall be known and cited as the 
"Patients' Right Act". 
SECTION 2. Patient's Righf to Staff Selection. (a) A patient who is 
receiving mental health treatment and who is provided intimate care at a 
hospital that employs more than 10 staff members to attend patients has the 
right to request that the care be given by a licensed staff member who is the 
sex that the patient requests. 
b. If a patient who is receiving mental health treatment and who is 
provided intimate care is incapacitated and unable to make a request, intimate 
care shall be provided by a staff member who is the same sex as the patient 
except as provided in subsection (c) of this section. 
c. if, after reasonable and good faith efforts to comply, the hospital is 
unable to comply with a patient's request under subsection (b) or with the 
requirement under this subsection, document in the patient record that 
intimate care was provided by a staff,member of the sex opposite to that 
requested by the patient under subsection (b) of this section or opposite to 
that of the patient under subsection (c) of this section because of an inability 
to comply; 


SECTION 3. Obligation of fhe Hospital. A siipervisor or manager 
1. post a notice of the right provided under this Act in a conspicuous 
3. adopt a policy to provide intimate care as required under this 
(4) distribute the policy adopted to relevant staff members before the 
employed by a hospital shall- 
place in patient rooms; 
section; and 
provision of intimate care to a patient. 
SECTION 4. Definition of Terms- 
(1) "Intimate Care" means hygienic care, including bathing and 
toileting, that involves a patient's perineal area and, for a female patient, the 
patient's breasts; "intimate care" does not include activities done in 
preparation for medical procedures; 
(2) "Licensed Staff Member" means a person licensed or certified in 
state such as midwives, physicians and physician 
the 
assistants, naturopaths, nurses and nurse aides; 
(3) "Mental Health Treatment" means electroconvulsive treatment, 
treatment with psychotropic medication, or admission to and retention in a 
health care institution for mental health treatment. 
SECTION 5. Separability Clause. - In the event that any provision or 
part of this Act shall be declared unconstitutional by the courts, the remaining 
provisions shall remain valid and in full force and effect. 
SECTION 6. Repealing Clause. -All laws, orders, rules and regulations 
or part thereof inconsistent with the provisions of this Act are hereby repealed 
or amended accordingly. 
SECTION 7. Date of Effectivity. - This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation whichever comes earlier. 
Approved.