Law Summary
Objective
- Establish standards and protocols for registering conscientious objectors and exempt health facilities.
- Ensure the provision of the full range of reproductive health services is not hindered.
Scope of Application
- Applies to the entire Philippine health sector:
- Department of Health and its regional and attached agencies.
- Civil society organizations.
- Local government units.
- All health care facilities and providers, public or private.
Key Definitions
- Affidavit: Written sworn statement administered by a notary public.
- Conscientious Objector: Skilled health professional refusing RH services due to ethical or religious convictions.
- Emergency: Condition with immediate danger requiring urgent medical attention.
- Exempt Health Facilities: Private non-maternity specialty hospitals or religious group-operated facilities exempted from full FP service provision.
- Family Planning (FP): Program enabling responsible decision-making on number and spacing of children, providing information and access to modern non-abortifacient methods.
- Public Health Care Service Provider: Includes licensed public health institutions and professionals, trained health workers, and accredited barangay health workers.
- Serious Case: Patient condition that may cause loss of life or permanent disability if untreated.
- Service Delivery Network (SDN): Integrated network of health facilities/providers offering the core range of RH services.
General Guidelines
- Health professionals may claim conscientious objector status based on religion or ethics.
- Private non-maternity specialty hospitals and religious health facilities may be exempt but may also opt to provide full family planning methods.
- Both conscientious objectors and exempt facilities may be part of the SDN if the SDN provides full RH services.
- Only licensed, practicing health professionals may register as conscientious objectors—entities like LGUs or corporations cannot.
- Registration is required at every Provincial or City Health Office (PHO/CHO) where the professional practices.
- Non-registered professionals cannot refuse to provide RH care in jurisdictions where they are not registered as conscientious objectors.
- Public officers cannot lawfully hinder RH programs; refusal to support requires designation of a responsible implementing officer.
- PHOs and CHOs are responsible for registering and mapping conscientious objectors and exempt facilities.
Specific Guidelines and Procedures
- Conscientious objectors are exempt from providing RH services and referrals unless cases involve emergencies or serious conditions.
- Exempt from 48-hour pro bono service requirement for PhilHealth accreditation.
- Registration process involves submitting an affidavit specifying refused FP methods and reasons.
- Must post clear notices listing refused RH services at practice premises.
- Required to refer emergency/serious cases to capable facilities.
- Obliged to notify health offices within 30 days upon changes in status, service refusal scope, or cessation of objection.
- Exempt health facilities must register and submit proof of ownership/management, affidavit of refused FP methods, and post notices similarly.
- Facilities must notify any change in ownership or management within 30 days.
Roles and Responsibilities
- DOH Disease Prevention and Control Bureau: Provides technical assistance, conducts research, monitors SDNs, and reports to RH Law National Implementation Team.
- DOH Health Facilities and Services Regulatory Bureau: Licenses health facilities, ensuring compliance with RH service provisions or recognition as exempt.
- DOH Knowledge Management and IT Service: Maintains a public database of conscientious objectors and exempt facilities.
- DOH Health Human Resources Development Bureau: Deploys healthcare providers to SDNs that consist entirely of conscientious objectors upon local health officer’s request.
- DOH Regional Offices: Map exempt facilities and conscientious objectors, maintain regional databases, ensure RH service provision compliance, and monitor SDN functionality.
- Philippine Health Insurance Corporation (PhilHealth): Accredits conscientious objectors and exempt facilities; requires certification of registration; exempts objectors from 48-hour pro bono service.
- Provincial/City Health Offices: Register objectors and exempt facilities, maintain local databases, provide SDN members lists.
- City/Municipal Health Offices: Inventory health facilities and professionals, indicating exemptions and objections.
Repealing and Separability Clause
- Prior orders and regulations inconsistent with these guidelines are repealed or modified.
- Invalidity of any provision does not affect the rest of the order which remains effective.
Effectivity
- The guidelines take effect 15 days after publication in the Official Gazette or nationally circulated newspaper.