Legal Mandates Related to Nutrition & Diet Therapy (Philippines) PDF

LEGAL MANDATES RELATED TO NUTRITION & DIET THERAPY  LEARNING OBJECTIVES At the end of the course unit (CM), learners will be able to: Cognitive: Identify and understand the different legal mandates in relation to nutrition and diet therapy in the...

LEGAL MANDATES RELATED TO NUTRITION & DIET THERAPY  LEARNING OBJECTIVES At the end of the course unit (CM), learners will be able to: Cognitive: Identify and understand the different legal mandates in relation to nutrition and diet therapy in the Philippines Differentiate Executive Order from Presidential Decree and Republic Act Enumerate the different policies related to nutrition and diet therapy Practice nursing in accordance with existing laws, legal policies related to nutrition and diet therapy Verbalize the importance and relevance of these legal policies to nursing practice  LEARNING OBJECTIVES Affective: Listen attentively during class discussions Demonstrate tact and respect when challenging other people’s opinions and ideas Accept comments and reactions of classmates on one’s opinions openly and graciously. Psychomotor: Participate actively during class discussions and group activities Express opinion and thoughts in front of the class  TERMINOLOGIES Mandate Executive Orders Presidential Decree Republic Act Food fortification LOI 441 - mandated the Integration of Nutrition Education in the school curriculum  PRESIDENTIAL DECREE NO. 491(1974) NUTRITION ACT OF THE PHILIPPINES The National Nutrition Council was created as the country’s policy- making and coordinating body on nutrition. Council was reorganized through Executive Order No. 234 s. 1987 and Administrative order No. 88 s. 1988 The month of July was designated as NUTRITION MONTH under Section 7 to create greater awareness among people on the importance of nutrition.  EXECUTIVE ORDER 51 (1986) “NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND OTHER RELATED PRODUCTS”. to ensure that safe and adequate nutrition for infants is provided, to protect and promote breastfeeding and to inform the public about the proper use of breastmilk substitutes and supplements and related products through adequate, consistent and objective information and appropriate regulation of the marketing and distribution of the said substitutes, supplements and related products.  REPUBLIC ACT 7394 (1992) “CONSUMER ACT OF THE PHILIPPINES” designed to prevent business that engage in fraud or specified unfair practices from gaining an advantage over competitors and provide additional protection for the weak and those unable to take care of themselves. Consumer Rights: Right to basic needs Right to safety Right to information Right to choice Right to representation Right to redress Right to consumer education Right to a healthy environment  REPUBLIC ACT 7600 (1992) “THE ROOMING-IN AND BREASTFEEDING ACT” AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES. This law is in promotion of the State policy to encourage the practice of breastfeeding in the Philippines.  REPUBLIC ACT 8172 (1995) “ACT FOR SALT IODIZATION NATIONWIDE (ASIN LAW) is to protect and promote the health of the people, to maintain an effective food regulatory system and to provide the entire population especially women and children with proper nutrition. Contribute to the elimination of the micronutrient malnutrition in the country, particularly iodine deficiency disorders, through cost-effective preventive measure of salt iodization  REPUBLIC ACT 8976 (2000) “FOOD FORTIFICATION ACT” The program shall consist of (1) Voluntary Food Fortification and (2) Mandatory Food Fortification. Section 5. Voluntary Food Fortification. - Under the Sangkap Pinoy Seal Program (SPSP), the Department shall encourage the fortification of all processed foods or food products based on rules and regulations which the DOH through the BFAD shall issue after the effectivity of this act. Manufacturers who opt to fortify their processed foods of food products but do not apply for Sangkap Pinoy Seal shall fortify their processed food or food products based on acceptable standards on food fortification set by the DOH through the BFAD. Section 6. Mandatory Food Fortification. - (a) the fortification for staple foods based on standards sets by the DOH through the BFAD is hereby made mandatory National Food Fortification Day The National Food Fortification Day is observed annually on November 7, pursuant to Executive Order 382, which recognizes the persistence of micronutrient deficiencies as a public health problem that has affected a significant proportion of the population, resulting in adverse physical, mental, social, and economic consequences to individuals, communities, and country. The key agencies in the program: Department of Health (DOH), responsible for the implementation and monitoring of the law; National Nutrition Council that serves as the policy- making body, particularly relative to determining what food vehicles should be fortified and with what nutrients; Department of Trade and Industry, which assists manufacturers in upgrading their technologies by providing financial assistance and other non-monetary assistance; Department of Science and Technology, which helps in developing and implementing comprehensive programs for the acquisition, design, and manufacture of machines and technologies and their transfer to manufacturers; and Land Bank of the Philippines and Livelihood Corporation that assist manufacturers by providing preferential loans at preferential rates.  REPUBLIC ACT 9711 (2008) “FOOD AND DRUG ADMINISTRATION ACT” An act strengthening and rationalizing the regulatory capacity of the bureau of food and drugs BFAD by establishing adequate testing laboratories and field offices. Upgrading its equipment, augmenting its human resource complement, giving authority to retain its income, renaming it the food and drug administration (FDA), amending certain sections of republic act no. 3720, as amended and appropriating funds thereof.  REPUBLIC ACT 10028 (2009) “EXPANDED BREASTFEEDING PROMOTION ACT” An act expanding the promotion of breastfeeding, amending for the purpose republic act no. 7600 Provisions: Lactation stations in every private enterprises, government agencies, government-owned and controlled corporations “Lactation periods” for breastfeeding employees, in addition to time-off for meals, to allow them time to express their breast milk. Breast milk banks in health institutions to store pasteurized breast milk donated by breastfeeding mothers. Inclusion of breastfeeding in the curriculum of schools (under relevant subjects).  REPUBLIC ACT 10611 (2013) “FOOD SAFETY ACT” The Food Safety Act of 2013 shall be the framework for implementing the farm to fork Food Safety Regulatory System. To strengthen the food safety regulatory system in the country Food Safety Awareness Week is a yearly campaign in the Philippines aimed at the importance of safe and clean food. The week-long celebration falls every October and was proclaimed on August 1999 by virtue of Proclamation No. 160, signed by President Joseph Estrada. Food Safety is the assurance/guarantee that food will not cause harm to the consumers when it is prepared and/or eaten according to its intended use. Food and Water-borne Diseases is a group of illness caused by any infectious (bacteria, viruses and parasites) and non-infectious agents (chemical, animal and plant toxins). May is Allergy Awareness Month and a great time to learn more about food allergies and how to keep those with allergies safe.  REPUBLIC ACT 10862 (2015) “NUTRITION AND DIETETICS LAW OF 2016” An act regulating the practice of Nutrition and Dietetics in the Philippines recognizes the important role of registered nutritionist-dietitians (RNDs) in nation building and in human development through adequate nutrition promote the sustained development of RNDs whose competence has been determined by honest and credible licensure examinations, and whose standards of professional service and practice are internationally recognized and considered world-class, brought about by regulatory measures, programs and activities that foster growth and advancement of the profession  REPUBLIC ACT 11148 (2018) "KALUSUGAN AT NUTRISYON NG MAG-NANAY ACT" President Rodrigo Roa Duterte signed on 29 November Republic Act 11148 “An Act Scaling up the National and Local Health and Nutrition Programs through a Strengthened Integrated Strategy for Maternal, Neonatal, Child Health and Nutrition in the First One Thousand (1,000) Days of Life” strengthens the national and local health and nutrition programs for pregnant and lactating women, adolescent girls, infants and young children in the first 1,000 days.  HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.  WHAT IS THE MAIN PURPOSE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge  THE HIPAA LEGISLATION HAD FOUR PRIMARY OBJECTIVES: Assure health insurance portability by eliminating job-lock due to pre-existing medical conditions. Reduce healthcare fraud and abuse. Enforce standards for health information. Guarantee security and privacy of health information.  WHAT IS DATA PRIVACY ACT IN THE PHILIPPINES IN HEALTHCARE MEDICAL PRIVACY ACT? Data Privacy Act applies to the processing of personal data by any natural and juridical person in the government or private sector. Are these personal data? D. There is control if the natural or juridical person or any other body decides on what information is collected, or the purpose or extent of its processing. In the Philippines, the legislature has adopted the HIPAA model and passed the Data Privacy Act (DPA), RA 10173 , in 2012. While patterned loosely after HIPAA, there are some prominent features in the Philippines’ DPA. Personal information must be collected for reasons that are specified, legitimate, and reasonable…. [individuals] must opt in for their data to be used for specific reasons that are transparent and legal.” This approach to information protection actively involves the individual who owns the information and agencies cannot act without their express approval. Any agencies that break this rule are liable for damages and jail time.  IT IS NOT A ONE-TIME REGISTRATION PROCEDURE AND THE LAW MANDATES: 1. The appointment of a Data Protection Officer 2. Conducting a privacy impact assessment 3. Creating a privacy knowledge management program 4. Implementing a privacy and data protection policy 5. Exercising a breach reporting procedure The DPA also provides for security for disposal of all information. “Personal information must be discarded in a way that does not make it visible and accessible to unauthorized third parties.” Methods may vary, and agencies have the freedom to decide based on a guarantee of the most secure disposal. ‍  TOP 10 MOST COMMON HIPAA VIOLATIONS 1. Unencrypted Data. 2. Hacking 3. Loss or Theft of Devices. 4. Lack of Employee Training 5. Gossiping / Sharing PHI 6. Employee Dishonesty 7. Improper Disposal of Records 8. Unauthorized Release of Information  WHAT IS RA 11223 UNIVERSAL HEALTH CARE ACT? 11223, also known as the Universal Health Care Act, mandates the institutionalization of health technology assessment (HTA) as a fair and transparent priority setting mechanism that shall be recommendatory to the DOH and PhilHealth for the development of policies and programs, regulation, and the determination of a...  WHAT ARE THE GOALS AND OBJECTIVES OF UNIVERSAL HEALTH CARE? It is a government mandate aiming to ensure that every Filipino shall receive affordable and quality health benefits. This involves providing adequate resources – health human resources, health facilities, and health financing.  WHAT ARE THE BENEFITS OF UNIVERSAL HEALTH CARE ACT? The UHC Act will improve and strengthen existing health sector processes and systems by highlighting primary care close to families and communities, supported by hospitals that are contracted as part of a network, and making PhilHealth membership automatic for every Filipino.  REFERENCES BMJ (2018). Role of government policy in nutrition—barriers to and opportunities for healthier eating. Retrieved April 26, 2020, Website: https://doi.org Ministry of Health and Family Welfare (1997). Policy - National Food and Nutrition Policy Retrieved April 26, 2020, Website: https://extranet.who.int Official Journal of the Republic of the Philippines. Retrieved April 26, 2020, Website: https://www.officialgazette.gov.ph/ Legal Definition of Mandate: Everything you need to know. Retrieved April 26, 2020, Website: https://www.upcounsel.com Department of Health Official Website. Retrieved April 26, 2020, Website https://www.doh.gov.ph/food-fortification-program Peralta, A & Matienzo, M. The New Food and Drug Administration (FDA) of the Republic of the Philippines. Retrieved April 26, 2020, Website: https://www.who.int Women4breastfeeding. Retrieved April 26, 2020, Website: https://women4breastfeeding.wordpress.com National Nutrition Council Official Website. Retrieved April 26, 2020, Website: https://nnc.gov.ph/