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Republic Act No.

4688 (Clinical Laboratory Law)

RA 4688 is an act regulating the operation and maintenance of clinical


laboratories and requiring the registration of the same with the department of
health, providing penalty for the violation thereof, and for provisions under RA
4688. I learned that states, firms or corporations operating and maintaining a
clinical laboratory, which involves substances from humans and animals, should
register and secure a license from the office of the Secretary of Health. Also, there is
a need for licensed physicians to operate the registered clinical laboratories. The
Secretary of Health has the responsibility of enforcing provisions and authorizations
of rules and regulations. Moreover, there would be punishments for violators of the
said provisions.
In section 4 of RA 4688, the provision states that punishment shall be
imprisonment for not less than one month but not more than one year or by a fine of
not less than one thousand pesos nor more than five thousand pesos or both fine
and imprisonment. I find the punishment not enough since this law is responsible
for ensuring authentic health service. Lawmakers should consider imposing a
heavier penalty because nowadays, it is easy to put up a clinical laboratory without
registering and securing a license or to continue operating with an expired license.
Also, physicians can operate without meeting the qualifications in laboratory
medicine or some can continue to operate with an expired license. It is better if the
law raises the fine and imprisonment duration to encourage the clinics and
physicians to renew their license annually and to meet up with the said standards of
the law. Since also nowadays, frauds can operate and trick people into giving
dangerous medical services.

RA 4226 or an act requiring the licensure of all hospitals in the Philippines


authorizing the Bureau of Medical Services to serve as the licensing agency. I
learned that the said law sets clear definitions of a hospital, government hospital,
private hospital, clinic and licensee. RA 4226 requires a construction permit for
hospitals to operate. The Bureau of Medical Services is appointed as the licensing
agency and The Secretary of Health shall monitor the said agency. The Bureau of
Medical Services has duties and powers of conducting an ocular survey in all
existing and all types of hospitals, to prescribe standard plans for government
hospital plants, to approve plans for hospital plants regardless if government or
private as well as to issue permits or authority to construct hospitals, they also keep
a permanent register of approved hospitals and the necessary information. They can
grant or revoke licenses for operation, can make periodic inspection if hospitals are
in compliance, they publish yearly a list of all approved hospitals and they submit it
to the Secretary of Health, Speaker of the House of Representatives, the Senate
President and other necessary agencies in the government to further improve
services and monitor hospitals.
A possible problem with this law is how the Bureau of Medical Services can
maintain and execute its tasks and responsibilities in a brief period of time. How can
these agencies guarantee that within a year, all hospitals will continue to be in
compliance with the set standards? These agencies should consistently monitor and
inspect all the hospitals throughout the year to ensure that they will produce an
accurate report of approved hospitals because it will be passed to government
agencies that can actually solve or provide for lacking services.

RA 8344 or an act penalizing the refusal of hospitals and medical clinics to


administer appropriate initial medical treatment and support in emergency or
serious cases amending for the purpose Batas Pambansa Bilang 702, otherwise
known as an act prohibiting the demand of deposits or advance payments for the
confinement or treatment of patients in hospitals and medical clinics in certain
areas I learned that the said law states that it is unlawful to request, solicit, demand
or accept deposit or advance payment as prerequisite for confinement or medical
treatment of a patient in such hospital or clinic to refuse to administer medical
treatment and support as dictated by good practice of medicine to prevent death or
permanent disability. The hospital can transfer the patient only if the patient or kin
consents and it shall be done after receiving the needed medical treatment. If the
patient is unconscious, there should be approval of the kin and the hospital shall
refuse or demand any deposit or advance payment. If the patient is poor or indigent,
they can be transferred to a government hospital after the hospital has administered
medical treatment and support.
A possible problem for this law is that how can the lawmakers ensure and
monitor all hospitals to abide to RA 8344? Not every citizen can report unlawful acts
conveniently and quickly. It is mentioned in the law that it applies in certain areas
what are these certain areas? It is unfair if this law applies only to certain areas and
not to all hospitals and clinics because there are high probabilities of emergencies
everywhere. If it only applies to certain areas, the law shall specify where because
not all patients can afford immediate medical treatment. Plus, what if a patient is in
need of immediate treatment but unfortunately went into a hospital not covered by
this law? And what if that patient cannot afford to pay immediately? The law shall
be sensitive to this and shall adjust this law to cover all hospitals as possible. Also, it
is a given fact that medical treatments are expensive, what happens to the hospitals
after administering medical treatment and support for example, to a poor or
indigent patient? How will the expense be returned to the hospital? There are
doctors, nurses and staff to pay as well as medical equipment and medicine to be
used. There is no provision that states how the hospital can be repaid for the cost.

According to the three laws that I researched, I think that the Philippine law
can provide good quality of health care. The government and its power to impose
such laws enables medical practitioners to treat manage illness and preserve health.
They play the role of ensuring that good quality health care would be given by
hospitals/clinics/staffs to the patient by ensuring that the source of medical
treatment is fit for the job. The government makes sure that the laboratories,
hospitals and staff are fit to operate and function as seen in RA 4688. On the other
hand, the issue of licensing and maintenance and track of all types of hospitals un
the Philippines is under RA 4226 where in which the he Bureau of Medical Services
serves as the licensing agency and has the power and duty to monitor the hospitals.
Since health care is concerned in good and services designed to promote health
including preventive, curative and palliative interventions directed to individuals or
the population, RA 8344 suits the concept of non-discriminatory health care and life
saving medical treatment. The government protects the people by setting a law that
ensures that they would be given the needed medical treatment in emergency or
serious cases. It protects the people from the hospital/staff that would deny them by
stating the right of the patient and imposing punishment to the violators. In
conclusion, I think that the Philippine law can provide safe and immediate health
care through the implementation of the said laws. There are some loopholes to these
laws, which can be solved if it will be revised. The main problem of the laws
presented is how can it be strictly implemented and how can the law monitor all of
these agencies, hospitals, clinics and medical staff involved?

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