CONFIDENTIALITY OF PROFESSIONAL COMMUNICATION

A legal privilege exists as a result of specific laws to protect confidentiality of certain professional
communications (e.g. nurse-patient [in some states]. Physician-patient, attorney-patient). The theory
behind providing a privilege is to ensure that patients will speak frankly and be willing to disclose
personal information because they that care providers will not repeat or distribute confidential
conversations.

In 12 states, the legal privilege of confidentiality has been extended to registered nurses and advanced
practice nurses. (Pierce 2014). In the remaining states, nurses must answer a court’s question regarding
the patient, even if the information implicates the patient in a crime. In these states, the confidentiality
of communications cannot be guaranteed.

3. Right to Privacy and Confidentiality.  -  The privacy of the patients must be

assured at all stages of his treatment. The patient has the right  to be free from
unwarranted public exposure, except in the  foHowing cases: a) when his mental or
physical condition is in controversy and the appropriate court, in its discretion, order him
to submit to a physical or mental examination by a physician; b) when the public health
and safety so demand; and c) when the patient waives this right in writing.

The patient has the right to demand that all information, communication  and records
pertaining to his care be treated as confidential. Any health care provider or practitioner
involved in the treatment  of a patient and all those who have legitimate access to the
patient's record is not authorized to divulge any information to a third party  who  has 
no concern  with  the  care  and  welfare  of  the  patient  without  his consent, except: 
a) when  such disclosure  will benefit public  health and  safety; b) when it is in the
interest of justice and  upon the order of a competent court; and c) when the patients 
waives  in writing the confidential  nature of such  information; d) when  it is  needed 
for  continued  medical  treatment  or  advancement  of  medical science subject to de-
identification  of patient and shared medical confidentiality  for those who have access
to the information.

Informing the spouse or the family to the first degree of the patient's medical condition
may be allowed; Provided That the patient of legal age shall have the right to choose on
whom to inform. In case the patient is not of legal age or is mentally incapacitated, such
information shall be given to the  parents, legal guardian  or his next of kin.

What is the Health Privacy Code of the Philippines?

The Health Privacy Code of the Philippines or officially known as Administrative
Order No. 2016-0002 titled ““Privacy Guidelines for the Implementation of the
Philippine Health Information Exchange” is a joint administrative order by the
Department of Health (DOH), the Department of Science and Technology
(DOST) and Philippine Health Insurance Corporation (Philhealth) created to
promote information exchange in health care service while also protection and
promoting the right to privacy of data subjects in a healthcare setup.

What is the scope of the Health Privacy Code?

The Health Privacy Code applies to the Philippine Health Information Exchange
(PHIE) system, Health facilities, and health care providers involved in the
processing of health information.

Who is a health care provider?

It is any health care institution devoted primarily to the management, treatment
and care of patients, or a health care professional, who is any doctor of medicine,
nurse, midwife, dentist, or other health care practitioner

What is a medical record or health record?

It is a primary repository of information concerning patient healthcare, which
consists of a compilation of pertinent facts regarding a patient’s life history
including past and present illnesses and treatments entered by a health
professional contributing to the patient’s care.
LOGIC AND CRITICAL THINKING MODULE 1

ACTIVITY 1

D. KNOWLEDGE AND SKILL BUILDING ACTIVITIES

Review your notes and answer the questions in no more than 5 sentences.
Kindly answer the following

1. In your own words, how does philosophy shape mankind or its societies?
2. What is the underlying reason why the faculty of mind must be primary importance in any
philosophical inquiry?
3. What is the importance of logic in the expression and discussion of philosophical inquiry?