LECTURE 1 IN HEALTH: Health-Related Laws PDF

LECTURE 1 IN HEALTH: Health-Related Laws 1. Consumer Act of the Philippines (RA 7394) It is a national policy which aims to protect the interest of the consumers and buyers of products and services, promote consumers’ general welfare, and to set and maintain standards of conduct for both the busines...

LECTURE 1 IN HEALTH: Health-Related Laws 1. Consumer Act of the Philippines (RA 7394) It is a national policy which aims to protect the interest of the consumers and buyers of products and services, promote consumers’ general welfare, and to set and maintain standards of conduct for both the business and industrial sectors. The Consumer Act covers the quality and safety of different products like food, drugs, cosmetics, and devices. The policy also promotes the protection of citizens against hazardous substances that may be on sale. Hence, proper labeling and fair packaging shall be required for all the products being sold. 2. Traditional and Alternative Medicine Act of 1997 (RA 8423) It is an act creating the Philippine Institute of Traditional and Alternative Health Care (PITAHC) to accelerate the development of traditional and alternative health care in the Philippines, providing for a traditional and alternative health care development fund and for other purposes. It shall also be the policy of the State to seek a legally workable basis by which indigenous societies would own their knowledge of traditional medicine. When such knowledge is used by outsiders, the indigenous societies can require the permitted users to acknowledge its source and can demand a share of any financial return that may come from its authorized commercial use. The policy also identifies medicinal plants in the country which are readily available. These medicinal plants shall be taken care of by different agencies. 3. Responsible Parenthood and Reproductive Health Act of 2012 (RA 10354) The Responsible Parenthood and Reproductive Health Act of 2012, also known as the Reproductive Health Law or RH Law, is a law in the Philippines that guarantees universal access to methods such as contraception, fertility control, sexual education, and maternal care. What is Reproductive Health (RH)? It refers to the state of complete physical, mental, and social well-being and not merely the absence of disease relating to the reproductive system and to its functions and processes. This implies that people can have a responsible, safe, consensual, and satisfying sex life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. 4 Pillars of Reproductive Health The Responsible Parenthood and Reproductive Health Act builds its foundation on four pillars. Pillar 1: INFORMED CHOICE To ensure the health of the mother and the child, an effective and quality reproductive healthcare services, which are ethically and medically safe, legal, accessible, and affordable, shall be given primacy to them. The government shall also promote and provide unbiased information and access to these services. This pillar also covers the provision for the integration of reproductive health and sexuality education in schools, and other educational settings. Pillar 2: RESPECT FOR LIFE The Act recognizes that abortion is illegal and punishable by law. However, mothers who will be identified to have aborted an unborn child will be served with post-abortive treatment and counseling in a humane, nonjudgmental, and compassionate manner. Pillar 3: BIRTH CONTROL Reproductive healthcare, information, and supplies shall be made available most especially to poor beneficiaries. However, the Act also provides that the government must respect the citizen’s individual preferences and choices of family planning method. Pillar 4: RESPONSIBLE PARENTHOOD Couples determine their ideal family size. In addition, the government shall equip each parent with needed information in all aspects of family life, reproductive health, and this pillar. What is Family Planning? Family planning is a means to improve the quality of life of every Filipino. It is a program which enables couples and individuals to decide freely and responsibly the number and spacing of their children. Couples decide when to have the next baby and use responsible means to achieve their desired number of children. The program also provides access to a full range of safe, affordable, non-abortifacient modern and natural methods of pregnancy planning. Family planning is a personal matter. The husband and wife must decide on the family planning method best suited to their health, religion, and resources What is Responsible Parenthood? Parents do the following: ⮚ respond to the needs and aspirations of the family and children. ⮚ determine and plan the desired number, spacing, and timing of their children based on their health status, sociocultural and economic concerns, and religious convictions. ⮚ plan and work to meet the goals of their family. Parenthood is about raising children and supporting their needs financially, morally, teaching them good values, and giving them love and care. It is one of the most important duties in our society. Parenthood is a great responsibility or task. It is not a role which can be successfully played based on chance. It is a status which a responsible couple can arrive at after deciding to have a family. Couples should be aware that parenthood entails great responsibilities. They should consider the three Rs before becoming parents: the Reason for wanting a child, the Resources needed to raise a child, and the Responsibilities as parents. What are the responsibilities of parents? ❖ Provide physical care ❖ Inculcate discipline ❖ Develop social competence ❖ Encourage learning ❖ Give opportunities for education and self-development ❖ Inculcate values ❖ Provide economic security ❖ Teach self-discipline and self-control with effective discipline ❖ Give love and affection ❖ Teach with a positive attitude 4. Philippine AIDS Prevention and Control Act of 1998 (RA 8504) RA 8504 is an act promulgating policies and prescribing measures for the prevention and control of HIV/AIDS in the Philippines, instituting a nationwide HIV/AIDS Information and Education Program, establishing a comprehensive HIV/AIDS monitoring system, strengthening the Philippine National Aids Council, and for other purposes. What is Human Immunodeficiency Virus (HIV)? It is a viral infection that attacks and slowly destroys the immune system of the infected person that leads to “immune deficiency”. It is progressive and can lead to lack of body defense to all kinds of infection including those that do not normally infect man and can also lead to cancer susceptibility. What is Acquired Immune Deficiency Syndrome (AIDS)? It is a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person. AIDS attacks and weakens the body’s immune system, making the person who contracted the disease susceptible to other life-threatening infections. 1|P a g e What are the other provisions of RA 8504? The Department of Education (DepEd) and other government agencies should work together so that information on AIDS is included in the classroom. The causes, modes of transmission, and ways of preventing HIV/AIDS and other sexually transmitted diseases should be taught in schools at intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems. All the teachers and instructors of HIV/AIDS lessons should undergo a seminar or training on HIV/AIDS prevention and control to be supervised by people from the DepEd. Commission on Higher Education (CHED), and Technical Education Skills Development Authority (TESDA), in coordination with the Department of Health (DOH) before they are allowed to teach the subject. How do you get or transmit HIV? You can only get HIV by coming into direct contact with certain body fluids from a person with HIV. These fluids are: Blood Semen Rectal fluids Vaginal fluids Breastmilk HIV is transmitted by: Unprotected sex Passing from infected mother to baby Sharing contaminated injecting equipment Contaminated blood transfusion and organ transplants HIV is NOT acquired or transmitted by: Insect bites Toilet seats Kissing Sharing eating utensils Touching The first HIV case in the Philippines was reported in 1984. Around 2007, the DOH noted a rise in epidemic as new infections started showing a steady spike and shifted from sex workers to men who have sex with men (MSM) and people who inject drugs. https://m.dw.com (Why HIV infections are rising in the Philippines) Ma. Dolzura Cortez (died1992) was the first Filipino AIDS victim who came out in the open to tell about her life and how she acquired the AIDS virus 5. National Blood Services Act of 1994 (RA 7719) Republic Act No. 7719 promotes voluntary blood donation to provide sufficient supply of safe blood and to regulate blood banks. This act aims to inculcate public awareness that blood donation is a humanitarian act. The National Voluntary Blood Services Program (NVBSP) of the Department of Health is targeting the youth as volunteers in its blood donation program. In line with RA No. 7719, it aims to create public consciousness on the importance of blood donation in saving the lives of millions of Filipinos. 6. Cybercrime Prevention Act of 2012 (RA 10175) The act aims to address legal issues concerning online interactions. With the advancement of technology, there are various platforms where you may express yourself. This may do both good and harm to you. “Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place”. Consequently, cybercrime is simply any crime committed in cyberspace. To protect the citizens from this concern, the government mandated Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 that mandates the prohibition of cybersex, child pornography, unsolicited commercial communications, and computer-related identity theft. The cybercrime offenses are: A. Offenses against the confidentiality, integrity, and availability of computer data and systems: 1. Illegal Access – access to the whole or any part of a computer system without the right to do so; 2. Illegal Interception – interception made by technical means, and without right, of any non-public transmission of computer data to, from or within a computer system including electromagnetic emissions from a computer system carrying such computer data; 3. Data interference – intentional or reckless alteration, damaging, deletion, or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses; 4. System Interference – intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering, or suppressing computer data or a computer program, electronic document, or electronic data message, without right or authority, including the introduction of transmission of viruses; 5. Misuse of Devices – use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of the following: a. A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or b. A computer password, access, code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it may be used for the purpose of committing any of the offenses under this Act; 6. Cybersquatting – acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same if such a domain name is: a. Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration; b. Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and c. Acquired without right or with intellectual property interests in it. B. Computer-related offenses: 1. Computer-related Forgery – input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of whether or not the data are directly readable and intelligible; or the act of knowingly using computer data which are the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design; 2. Computer-related Fraud – unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided that if no damage has yet been caused, the penalty imposable shall be one (1) degree lower; and, 3. Computer-related Identity Theft – intentional acquisition, use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided that if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. C. Content-related offenses: 1. Cybersex – willful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs, or sexual activity, with the aid of a computer system, for favor or consideration; 2. Child Pornography – unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. The penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775. 2|P a g e 3. Unsolicited Commercial Communications – transmission of commercial electronic communications with the use of computer system which seek to advertise, sell, or offer for sale products and services is prohibited unless: a. There is prior consent from the recipient; b. The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers, or customers; or c. The following conditions are present: 1. The commercial electronics communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages from the same source; 2. The commercial electronic communication does not purposely disguise the source of the electronic message; and, 3. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. 4. Libel – unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. 7. National Environmental Awareness and Education Act of 2008 (RA No. 9512) This act provides for the promotion of environmental awareness through environmental education which shall encompass environmental concepts and principles, environmental laws, the state of international and local environment, local environmental best practices, the threats of environmental degradation and its impact on human well-being, the responsibility of the citizenry to the environment and the value of conservation, protection and rehabilitation of natural resources and the environment. 8. Seat Belts Use Act of 1999 (RA No. 8750) This act aims to secure and safeguard its citizenry, particularly the passengers and drivers of private and public motor vehicles, from the ruinous and extremely injurious effects of vehicular accidents. The policy includes the mandatory wearing of seat belt devices by the drivers and front seat passengers of private and public motor vehicles. 9. Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165) The Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165) safeguards the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today’s more serious social ills. Here are some unlawful acts are subject to penalties and fines: ⮚ Importing of dangerous drugs and/or controlled precursors and essential chemicals. ⮚ Selling, trading, administering, dispensing, delivering, distributing, and transporting dangerous drugs and/or controlled precursors and essential chemicals. ⮚ Maintaining a drug den, drive, or resort. ⮚ Manufacturing of dangerous drugs and/or controlled precursors and essential chemicals. ⮚ Manufacturing or delivery of equipment, instrument, apparatus, or other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals. ⮚ Possessing dangerous drugs, equipment, instrument, apparatus, or other paraphernalia. ⮚ Possessing dangerous drugs during parties, social gatherings or meetings. ⮚ Cultivating or culturing plants classified as dangerous drugs or sources of such. ⮚ Unnecessary prescribing dangerous drugs. SHORT BOND PAPER DEADLINE ON FRIDAY 11:30 AM ACTIVITY 1: How do the following policies/acts help the consumers? Explain with an example. 1. RA 7394 or the Consumer Act of the Philippines _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 2. RA 8423 or the Traditional Alternative Medicine Act of 1997 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 3. RA 10175 or Cybercrime Prevention Act of 2012 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 4. RA 7719 or National Blood Services Act of 1994 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 5. RA 8504 or Philippine AIDS Prevention and Control Act of 1998 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 6. RA 10354 or Responsible Parenthood and Reproductive Health Act of 2012 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 7. RA 8750 or Seat Belts Use Act of 1999 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 8. RA 9512 or National Environmental Awareness and Education Act of 2008 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 9. RA No. 9165 Comprehensive Dangerous Drugs Act of 2002 _______________________________________________________________________________________________________________________________________________ ______________________________________________________________________ 3|P a g e