Questions and Answers
Which of the following is NOT one of the violations listed for personnel operating a clinical laboratory under R.A. No. 4688?
What is the maximum imprisonment term for violating provisions of R.A. No. 4688 or rules issued by the Secretary of Health?
Who is charged with enforcing the provisions of R.A. No. 4688?
Which of the following is a violation by personnel operating a clinical laboratory?
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Within how many days can decisions of HFSRB/CHD be appealed to the Office of the Health Secretary?
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What is the minimum fine for violating provisions of R.A. No. 4688 or rules issued by the Secretary of Health?
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Who shall investigate complaints and verify if laboratory personnel are accountable for an alleged violation?
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Giving and receiving kickbacks or engaging in split-fee arrangements with facilities, physicians or agencies for referred patients is considered:
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What action can CHD Director take after investigation of a clinical laboratory found violating R.A. 4688?
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The decision of which office regarding violations of R.A. No. 4688 is considered final and executory?
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Study Notes
Enforcement and Authority
- The Secretary of Health, via HFSRB, enforces R.A. No. 4688 and can issue necessary rules.
- Violations lead to potential imprisonment of 1 month to 1 year, fines ranging from 1,000 to 5,000 pesos, or both.
Specific Violations
- Refusing participation in external Quality Assurance Programs (EQAP) is punishable.
- Issuing reports inconsistent with documented procedures is a violation.
- Allowing unauthorized personnel to perform technical procedures incurs penalties.
- Demonstrating incompetence or consistent errors in lab examinations is punishable.
- Deviating from standard test procedures, including using expired reagents, is prohibited.
- Reporting or releasing erroneous results can lead to serious consequences.
- Lending the lab's name or personnel's names to unlicensed labs is not allowed.
- Unauthorized use of a pathologist's or technologist's name for licenses or unperformed tests is a violation.
- Transferring test results from external labs to the referring lab's report form is prohibited.
- Performing tests outside the laboratory's specialty or subspecialty without a license incurs penalties.
- Engaging in kickbacks or split-fee arrangements for referrals to licensed labs is illegal.
Investigation and Penalties
- HFSRB, CHD Director, or authorized representatives investigate complaints against laboratories.
- License to operate (LTO) can be suspended or revoked for proven violations.
- Judicial actions may follow serious allegations in addition to administrative penalties.
- CHD can collaborate with law enforcement for the closure of erring laboratories.
Appeal Process
- Decisions by HFSRB/CHD can be appealed to the Office of the Health Secretary within 10 days.
- HFSRB must certify and file appeal documents for review by the Health Secretary.
- The Health Secretary’s decision is final and executory.
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Description
This quiz covers key aspects of the enforcement and authority under R.A. No. 4688 related to laboratory compliance. Understand the consequences for specific violations and the importance of adhering to established procedures to avoid penalties. Test your knowledge of the rules governing laboratory operations and the associated legal ramifications.
