Title
Penalizing refusal of emergency medical care
Law
Republic Act No. 8344
Decision Date
Aug 25, 1997
Republic Act No. 8344 penalizes hospitals and clinics that refuse to provide initial medical treatment in emergency cases, allowing for transfer to facilities with appropriate care and imposing punishments for violations.

Law Summary

Definitions Governing the Act

  • Emergency: A medical condition where immediate danger exists and delay may cause death or permanent disability, as assessed by a prudent medical officer.
  • Serious Case: A grave condition which, if left unattended, may cause death or permanent disability, based on objective medical findings.
  • Confinement: Admission to a hospital or clinic for observation, diagnosis, testing, and treatment within the facility’s capabilities.
  • Hospital: Facility devoted to diagnosis, treatment, and care of illnesses or injuries, including institutions for prolonged patient care.
  • Emergency Treatment and Support: Medical or surgical measures within hospital or clinic capabilities aimed at preventing death or permanent disability.
  • Medical Clinic: A place providing outpatient medical consultation or treatment.
  • Permanent Disability: Physical disability as defined under specific provisions of the Labor Code of the Philippines.
  • Stabilize: Providing necessary care to ensure patient’s condition does not deteriorate during discharge or transfer.

Procedure and Conditions on Patient Transfer

  • Hospitals or clinics must first administer emergency treatment and support to stabilize the patient before transferring.
  • Transfers should be made to appropriate hospitals consistent with patient needs, preferably government hospitals for poor or indigent patients.

Penalties and Liability

  • Individuals who violate the law face imprisonment from 6 months and 1 day up to 2 years and 4 months, or fines of ₱20,000 to ₱100,000, or both.
  • If violations are due to hospital management policy or instruction, responsible directors or officers face imprisonment of 4 to 6 years, or fines of ₱100,000 to ₱500,000, or both.

Repeal and Amendment of Previous Law

  • Section 3 of Batas Pambansa Bilang 702 is repealed.
  • Section 4 of Batas Pambansa Bilang 702 is renumbered as Section 5 and amended to require the Department of Health to issue implementing rules and regulations.

Implementation and Effectivity

  • The Department of Health is mandated to promulgate rules and regulations to enforce this Act.
  • The Act takes effect fifteen (15) days after publication in two national newspapers of general circulation.

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