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PRACTICE OF MEDICINE b) when public health and safety demands; and

c) when the patient waives this right in writing.


4. RIGHT TO INFORMATION
PHYSICIAN-PATIENT RELATIONSHIP The patient or his/her legal guardian has a right to be informed
 At the heart of medicine lie relationship founded in a of the result of the evaluation of the nature and extent of
“Covenant of trust” between patient and physician in his/her disease, the contemplated medical treatment, possible
which Physician commit themselves to responding to complications, changes in the plan of care before its
the need and promoting the welfare of patients. implementation and the extent to which payment maybe
 PROSPECTIVE PATIENTS expected from Phil Health and any charges for which the
-physician have an ethical obligation to provide care patient may be liable.
in cases of medical emergency, physician must also 5. THE RIGHT TO CHOOSE HEALTH CARE
uphold ethical responsibilities not to discriminate PROVIDER AND FACILITY
against prospective patient on the basis of personal or The patient is free to choose the health care provider to serve
social characteristics that they must accept them. him as well as the facility except when he is under care of a
 TERMINATING A PATIENT -PHYSICIAN service facility or when public health and safety so demand.
RELATIONSHIP They also have the right to consult for second opinion and
- physician responsibility to patient entail an subsequent opinion, if appropriate, from another health care
obligation to support continuity to care for their provider/practitioner.
patient. 6. RIGHT TO SELF-DETERMINATION
 QUALITY The patient has the right to avail himself/herself of any
- physician individually share the obligation to ensure recommended diagnostic and treatment procedures. Any
that care patient receive is safe, effective, timely, person of legal age and of sound mind may make an advance
efficient. written directive for physicians to administer terminal care
when he/she suffers from the terminal phase of a terminal
illness: Provided That
 PHYSICIAN EXERCISE OF CONSCIENCE
- physician must act in accordance with the dictates a) he is informed of the medical consequences of his choice;
of conscience is important for preserving the integrity
of the medical profession as well as the integrity of b) he releases those involved in his care from any obligation
individual physician. relative to the consequences of his decision;

c) his decision will not prejudice public health and safety.


RIGHTS AND RESPONSIBILITIES OF PATIENTS
7. RIGHT TO RELIGIOUS BELIEFS

THE RIGHTS OF THE PATIENTS The patient has the right to refuse medical treatment or
1. RIGHT TO APPROPRIATE MEDICAL CARE AND procedures which may be contrary to his religious beliefs,
HUMANE TREATMENT. subject to the limitations described in the preceding
Every person has the right to health and medical care subsection: Provided that, such a right shall not be imposed by
corresponding to his state of health, without any parents upon their children who have not reached the legal age
discrimination and within the limits of the resources, in a life threatening situation as determined by the attending
manpower and competence available for health and medical physician or the medical director of the facility.
care at relevant time. 8. RIGHT TO MEDICAL RECORDS.

2.RIGHT TO INFORMED CONSENT The patient is entitled to a summary of his medical history and
The patient has a right to a clear, truthful and substantial condition. He has the right to view the contents of his medical
explanation, in a manner and language understandable to the records, except psychiatric notes and other incriminatory
patient, of all proposed procedures, whether diagnostic, information obtained about third parties, with the attending
preventive, curative, rehabilitative or therapeutic, wherein the physician explaining contents thereof.
person who will perform the said procedure shall provide his 9. RIGHT TO LEAVE.
name and credentials to the patient.
3. RIGHT TO PRIVACY AND CONFIDENTIALITY The patient has the right to leave hospital or any other health
The patient has the right to be free from unwarranted public care institution regardless of his physical condition:
exposure, except: Provided. That a) he/she is informed of the medical
consequences of his/her decision
a) when his mental or physical condition is in controversy and
the court order him to submit physical or mental examination b) he/she releases those involved in his/her care from any
by physician; obligation relative to the consequences of his decision;
c) his/her decision will not prejudice public health and safety. member of health care team.
4. UNDERSTAND PURPOSE AND COST OF
TREATMENT.
10. RIGHT TO REFUSE PARTICIPATION IN MEDICAL
RESEARCH. - The patient shall ensure that he/she understand the purpose
and cost of any proposed treatment or procedure before
The patient has the right to be advised if the health care deciding to accept it. He/she shall notify the health care
provider plans to involve him in medical research, including provider or practitioner if he/she does not understand any
but not limited to human experimentation which may be information about his/her treatment.
performed only with the written informed consent of the
patient
11. RIGHT TO CORRESPONDENCE AND TO RECEIVE
VISITORS.

The patient has the right to communicate with relatives and 5. ACCEPT CONSEQUENCES OF OWN INFORMED
other persons and to receive visitors subject to reasonable CONSENT
limits prescribed by the rules and regulations of the health care
institution. - If he/she refuse treatment or do not follow instructions or
12. RIGHT TO EXPRESS GRIEVANCES. advice of the health care provider, he / she must accept the
consequences of his/her decision and thus relieve the health
The patient has the right to express complaints and care provider or practitioner of any liability.
grievances about the care and services received without fear 6. SETTLE FINANCIAL OBLIGATIONS
of discrimination or reprisal and to know about the disposition
of such complaints.Such a system shall afford all parties - The patient shall ensure that financial obligations of his/her
concerned with the opportunity to settle amicably all health care are fulfilled promptly as possible, otherwise,
grievances. he/she shall make appropriate arrangements to settle unpaid
13. RIGHT TO BE INFORMED OF HIS RIGHTS AND bills in the hospital and/or professional fees of the health care
OBLIGATIONS AS A PATIENT. provider through post-dated checks or promissory notes or any
similar medium.
The DOH,in coordination with health care providers, 7. RELATION TO OTHERS
professional and civic groups, the media, health insurance
corporations, people's organizations,local government - The patient shall so conduct himself or herself so as not
organizations, shall launch and sustain a nationwide interfere with the well-being or rights of other patients or
information and education campaign to make known to providers of health care.
people their rights as patients, as declared in this Act such 8. EXHAUST GRIEVANCE MECHANISM
rights and obligations of patients shall be posted in a
bulletin board conspicuously placed in a health care - The patient shall first exhaust the grievance mechanism
institution. provided in this act before filing any administrative or legal
RESPONSIBILITIES OF PATIENTS action

OBLIGATION AND RESPONSIBILITIES OF PATIENTS WHAT IS MEDICAL MALPRACTICE?


.
1. KNOW RIGHTS Any person who shall practice medicine in the Philippines
without having previously obtained the proper certificate of
- The patient shall ensure that he/she knows and understands registration issued by the Board of Medical Examiners as
what the patients’ rights and shall exercise those rights herein constituted, or the lawful Board which was its
responsibly and reasonably. predecessor shall be considered as guilty of medical
2. PROVIDE ACCURATE AND COMPLETE malpractice. (Sec. 770, RA 1885)
INFORMATION WHAT ARE THE DOCTRINES APPLICABLE TO
- The patient shall provide, to the best of his knowledge , MEDICAL MALPRACTICE?
accurate and complete information about all matters pertaining
to his/her health , including medications and past or present -RESPONDEAT SUPERIOR or “ let the master answer”.
medical problems to his/her health care provider. -is governed by the rule on vicarious liability under Art 2180,
3. REPORT UNEXPECTED HEALTH CHANGES which provides:
* The obligation imposed by article 2176 is demandable not
-It shall be the duty of every patient to report unexpected only for one's own acts or omissions but also for those of
changes to his/her condition or symptoms, including pain, to a persons for whom one is responsible.
*Employers shall be liable for the damages caused by their
employees and household helpers acting within the scope of Plaintiffs may receive personal injury damage awards for
their assigned tasks, even though the former are not engaged physical and emotional harm, as well as property damage that
in any business or industry. occurred due to an accident or incident that was someone else
‘s fault.
-RES IPSA LOQUITUR or “the thing speaks for itself”.
- The happening of an injury permits an inference of TYPES OF DAMAGES IN MEDICAL MALPRACTICE
negligence where plaintiff produces substantial evidence that CASES
the injury was caused by an agency or instrumentality under
the exclusive control and management of defendant, and that ECONOMIC DAMAGES
the occurrence was such that in the ordinary course of things - It refers to the specific costs that arise directly as a result of
would not happen if reasonable care had been used. the injury.
-The doctrine of res ipsa loquitur as a rule of evidence is a) Medical Expenses and Health Care Costs
peculiar to the law of negligence which recognizes that prima - At a minimum, a successful medical malpractice lawsuit
facie negligence may be established without direct proof and should compensate victims for care required following
furnishes a substitute for specific proof of negligence. negligence-related injuries.
(Batiquin v. CA) b) Future Earnings Capacity and Financial Losses
- Financial losses attributed to medical malpractice injuries
don’t end with medical expenses. Damages reflecting loss of
wages can take multiple forms. Generally, this is classified
based on how long the recovery is expected to take and
4 ELEMENTS OF RES IPSA LOQUITOR whether personal injury victims are able to work part-time or
at all.
DUTY

-Defendant had a duty to care for the victim 2. NON-ECONOMIC DAMAGES


BREACH OF DUTY - They are best thought of as the types of harm in which a
specific receipt cannot accurately be attached.
- Defendant failed to provide this care A) LOSS OF CONSORTIUM
CAUSATION - The effects of medical malpractice don’t strike injured
patients alone. Their spouses and close family members also
- The breach duty caused the victim’s injuries. greatly suffer. The “loss of companionship” account for this
reality, reflecting the victim’s ability to provide care and
DAMAGES affection after a medical malpractice injury.

- The victim was indeed injured B) EMOTIONAL, MENTAL PAIN AND SUFFERING
- Emotional damage can sometimes be even more severe.
3. GOOD SAMARITAN Many patients struggle with depression, anxiety, or post-
traumatic disorder. Under this approach, the total assessed
-is defined as an individual performing volunteer services who economic damages can be multiplied by anywhere between
does not receive compensation to reasonably assist a person in three and five.
an emergency. It further provides that no good Samaritan shall
be liable for harm caused by an act or omission if: 3. PUNITIVE DAMAGES
(1) the good Samaritan was acting in an emergency at the time - In rare cases, medical malpractice goes beyond negligence to
of the act or omission; involve extremely reckless behavior or even malicious intent.
(2) if appropriate or required, the good Samaritan was With this type of medical malpractice litigation, courts may
properly licensed, certified, or authorized by the appropriate seek to punish defendants and hopefully, prevent similar
authorities for the activities undertaken in an emergency at the issues in the future.
time of the act or omission; and
(3) the harm was not caused by willful or criminal misconduct,
ATTENDANCE TO MEDICAL WITNESS COURT
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed by Medical expert witness
the good Samaritan. - physicians, nurses, surgeons or other licensed practitioners
whose skills and experience qualify them to testify on a
particular area.
DAMAGES * The role of an expert witness in a medical liability case is to
Damages take into account both actual economic loss such as testify to the standards of care in a given case, and to explain
lost income and cost of future medical care, as well as non how the defendant did or did not conform to those standards.
economic losses, such as pain and suffering.
SUBPOENA Such matter as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
- A Subpoena is a legal document that commands an
individual to appear in court at a specific date and time to 3. TRIAL (ORDER OF TRIAL)
testify as a witness in a legal proceeding. In the Philippines, (a) The prosecution shall present evidence to prove the charge
failure to comply with a subpoena without valid justification and, in the proper case, the civil liability.
may lead to penalties. (Direct examination-cross examination/ re-direct -re-cross)
2 TYPES OF SUBPOENAS: Direct examination - public prosecutor
Cross examine - defense lawyer
A.) SUBPOENA AD TESTIFICANDUM (b) The accused may present evidence to prove his defense,
and damages, if any, arising from the issuance of a provisional
- a writ commanding a person to appear in court to testify as a remedyin the case.
witness. (c) The prosecution and the defense may, in that order, present
B.) SUBPOENA DUCES TECUM rebuttal and sur-rebuttal evidence unless the court, in the
furtherance of justice, permits them to present additional
- an order that requires a witness to bring documents, books or evidence bearing upon the main issue
other items under his, her or their control, that he/she or they (d) Upon admission of the evidence of the parties, the case
is bound by law to produce into evidence. shall be deemed submitted for decision unless the court directs
B.) COURT PROCEDURE them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in
1.Arraignment and Plea the complaint or information but interposes a lawful defense,
2.Pre-trial the order of trial may be modified.
3.Trial 4.JUDGEMENT
4. Judgement Adjudication by the court that the accused is guilty or not
5. New trial or Reconsideration guilty of the offense charged and the imposition on him of the
6. Appeal proper penalty and civil liability, if any.
It must be written in the official language, personally and
directly prepared by the judge and signed by him and shall
contain clearly and distinctly a statement of the facts and the
1. ARRAIGNMENT AND PLEA law upon which it is based.
* Conviction - Guilty
The accused must be arraigned before the court where the * Acquittal - Not guilty
complaint or information was filed or assigned for trial. The
CONTENTS OF JUDGMENT
arraignment shall be made in open court by the judge or clerk
by furnishing the accused with a copy of the complaint or If the judgment is conviction, it shall state
information, reading the same in the language or dialect 1. The legal qualification of the offense constituted by the acts
known to him, and asking him whether he pleads guilty or not committed by the accused and the aggravating and mitigating
guilty. circumstances which attended its commission;
WHEN IS PLEA CONSIDERED NOT GUILTY 2. The participation of the accused ( principal, accomplice,
When the accused refuses to plead or makes a conditional accessory);
plea, a plea of not guilty shall be entered for him. 3. The penalty imposed to the accused;
When the accused pleads guilty but presents exculpatory 4. The civil liability or damages caused by his wrongful act or
evidence, his plea shall be deemed withdrawn and a plea of omission to be recovered from the accused by the offended
not guilty shall be entered for him. party, if there is any.
Note: The accused must be present at the arraignment and
must personally enter his plea. Both arraignment and plea If the judgment is acquittal, it shall state
shall be made of record, but failure to do so shall not affect the Whether the evidence of the prosecution absolutely failed to
validity of the proceedings. prove the guilt of the accused or merely failed to prove his
guilt beyond reasonable ground.
2. PRE-TRIAL Note: In either case, the judgment shall determine if the act or
omission from which the civil liability might arise did not
It shall be held within thirty (30) days after arraignment exist.
Plea bargaining
Stipulation of facts WHEN IS JUDGMENT OF CONVICTION FINAL?
Marking or identification of evidence
Waiver of objections to admissibility of evidence After the lapse of 15 days to appeal;
Modification of the order of trial When the accused waives his right to appeal;
When the accused applies for probation; CONSTITUTIONAL LAW – involves issues related to the
When the case is decided with finality by the Supreme Court interpretation and application of a country’s constitution
and the right to file motion for reconsideration is closed. HEALTHCARE LAW – involves legal issues specific to the
healthcare industry
NEW TRIAL AND MOTION FOR RECONSIDERATION ADMINISTRATIVE LAW – involves legal issues related to
At any time before a judgment of conviction becomes final, government agencies’ actions, decisions, or regulations
the court may, on motion of the accused or at its own instance EMPLOYMENT LAW – involves disputes between
but with the consent of the accused, grant a new trial or employers and employees
reconsideration. INTELLECTUAL PROPERTY LAW – involves disputes
over the ownership, use, or infringement of intellectual
4.GROUNDS FOR A NEW TRIAL property rights
REAL ESTATE LAW – involves legal issues related to
a.The errors of law or irregularities prejudicial to the property
substantial rights of the accused have been committed during
the trial; PARAMETERS OF LEGAL RESPONSIBILITY
b.The new and material evidence has been discovered which Involves certain key elements and standards that individuals or
the accused could not with reasonable diligence have entities must adhere to Defines legal obligations and duties,
discovered and produced at the trial and which if introduced outlining the expectations for responsible and lawful conduct
and admitted would probably change the judgment. Primary parameters of legal responsibility include:
*Errors of law or fact in the judgement, which requires no DUTY OF CARE – obligation to act with reasonable care and
further proceedings diligence to prevent harm to others
6. APPEAL STANDARD OF CARE – level of care and competence
expected from a reasonable person or professional in similar
Any party may appeal from a judgment or final order, unless circumstances
the accused will be placed in double Jeopardy.
(a) To the Regional Trial Court, in cases decided by the SCOPE OF PRACTICE – boundaries that define the
Metropolitan Trial Court in Cities, Municipal Trial Court, or professional responsibilities and actions permissible within a
Municipal Circuit Trial Court; specific profession
(b) To the Court of Appeals or to the Supreme Court in the
proper cases provided by law, in cases decided by the LEGAL COMPLIANCE – adherence to applicable laws,
Regional Trial Court, and regulations, and legal requirements
(c) To the Supreme Court, in cases decided by the Court of ETHICAL STANDARDS – adherence to moral principles and
Appeals. professional ethics in addition to legal requirements

WHEN IS APPEAL TO BE TAKEN?


CONFIDENTIALITY OF PATIENT RECORDS
An appeal must be taken within (15) days from the
promulgation of the judgment or from notice of the final order CONFIDENTIALITY – ethical and legal principle that
appealed from. This period for perfecting an appeal shall be governs the protection of sensitive information from
suspended from the time a motion for new trial or unauthorized disclosure
reconsideration is filed until notice of the order overruling the
motion shall have been served upon the accused or his counsel
TYPES OF PATIENT RECORDS
at which time the balance of the periods begins to run.
WRITTEN

LEGAL ISSUES Traditional method of documenting and maintaining a


A legal issue is a situation with legal implications that may patient’s medical information in physical or hard-copy format
necessitate the involvement of a lawyer for resolution Characteristics: paper-based, manual storage.
Represents a question or problem addressed and resolved by WRITTEN PATIENT RECORDS
the law, covering a broad spectrum of situations, conflicts, or
controversies Key Considerations:
Legal issues may arise in various areas of law such as: SECURE STORAGE – records are stored securely in locked
CIVIL LAW – involves disputes between individuals or cabinets or rooms to prevent unauthorized access
entities TRANSPORTATION PROTOCOLS – when records need to
CRIMINAL LAW – involves offenses against the state be transported, secure protocols should be in place to prevent
loss or unauthorized access healthcare providers
RECORD DISPOSAL – when patient records are no longer TELEMEDICINE:
needed, proper protocols for secure disposal, such as
shredding, should be followed Involves real-time-two-way communication between the
patient and the healthcare provider
Facilitates remote healthcare and clinical services,
TYPES OF PATIENT RECORDS consultations and communication

ELECTRONIC TORTS

Torts are civil laws that address the legal rights of individuals,
Digital versions of patients’ health information and medical
particularly in cases where an act or omission results in injury
history known as Electronic Patient Records (EPR), Electronic
or harm to another
Health Records (EHR), or Electronic Medical Records (EMR)
The term "tort" comes from the Latin word "tortum," meaning
Characteristics: digital format, interoperability, real-time
"something twisted, wrung, or crooked
updates.

TYPES OF TORTS
ELECTRONIC PATIENT RECORDS
INTENTIONAL
Key Considerations:
USER AUTHENTICATION – EPR systems utilize user
Intent to cause a specific outcome or to engage in conduct that
authentication methods to verify the identity of individuals
is substantially certain to result in the desired harm
accessing patient records
Does not necessarily mean the desire to cause harm but rather
ENCRYPTION – patient data within EPRs is often encrypted,
the knowledge that the action is likely to cause harm
both during transmission and while stored, to prevent
unauthorized access or data breaches
AUDIT TRAILS – EPR systems maintain audit trails that INTENTIONAL TORTS
record access to patient records, including who accessed the
records and when Assault – intentional act causing another person to fear they
are about to suffer physical harm
CONFIDENTIALITY OF PATIENT RECORDS Battery – intentional and harmful or offensive touching of
another person without their consent
HIPAA Privacy Rule False Imprisonment – unlawfully restraining or confining
Was issued to implement the requirement of the Health someone against their will intentionally
Insurance Portability and Accountability Act of 1996
(HIPAA) Defamation – making false statements about a person that
Assures that individuals’ health information is properly harm their reputation
protected while allowing the flow of health information Trespass – unauthorized entry onto another person’s property
needed to promote high quality healthcare and to protect the intentionally
public’s health and well-being Intentional Infliction of Emotional Distress (IIED) – deliberate
and extreme conduct causing severe emotional distress to
another

ELECTRONIC COMMUNICATION

Refers to the exchange of information, messages, or data


through electronic means, utilizing various digital
UNINTENTIONAL
technologies and platforms among healthcare professionals,
patients, and stakeholders Commonly referred to as negligence
Various forms such as e-mail, secure messaging systems, Harm is caused to another person due to the failure to exercise
telemedicine platforms, and electronic health records reasonable care in a given situation
There is no intent to cause harm
MEDICAL MALPRACTICE – failure to provide the standard
FORMS OF ELECTRONIC COMMUNICATION IN of care expected in the medical profession
HEALTHCARE NEGLIGENT SUPERVISION – failure to adequately
PATIENT PORTAL: supervise or train medical staff, leading to patient harm
DIAGNOSTIC ERRORS – mistakes or inaccuracies in the
Secure online platform and hub that allows patients to access identification of a patient's medical condition or disease
and manage their health information and communicate with PRESCRIPTION ERROR – mistakes in the process of
prescribing and administering medications, such as incorrect ▪ Sec 6 - Creation of the Board of Radiologic Technology.
dosages or medication choices ▪ Sec 7 - Qualifications of Board Members
DOCUMENTATION ERROR – inaccuracies or omissions in ▪ Sec 8 – Term of Office
recording patient information, treatment details, or medical ▪ Sec 9 - Duties and functions of the Boards.
history within healthcare records ▪ Sec 10 - Compensation of the Board
FAILURE TO MONITOR – signifies the neglect or Sec 11 - Removal of Board Members
inadequacy in overseeing a patient's condition, potentially ▪ Sec 12 – Supervision of the Board and Custody of its
leading to a lack of timely response to changes or Records
complications ▪ Sec 13 – Rules and Regulations
▪ Sec 14 – Annual Report
LEGAL DOCTRINE ▪ Sec 15 – Requirement for the Practice of Radiologic
A doctrine is defined as a core principle within a system of Technology and X-ray Technology
knowledge. As the term applies to the law, it refers to one of ▪ Sec 16 – Exemption from Examination in X-ray Technology
these principles that is formed by continued legal precedents. ▪ Sec 17 - Exemption from Examination in Radiologic
Legal doctrines are considered crucial within the legal sub- Technology
fields where they apply because they provide a blueprint for ▪ Sec 18 – Examination Required
how to resolve a given type of case or legal dispute. ▪ Sec 19 – Qualifications for Examination
▪ Sec 20 – Scope of Examination in X-ray Technology Sec
21 - Scope of Examination in Radiologic Technology
LEGAL DOCTRINES APPLIED TO MEDICAL ▪ Sec 22 – Report of Ratings
MALPRACTICE ▪ Sec 23 – Oath-taking
▪ Sec 24 – Issuance of Certificates of Registration
Negligence is a failure to use such care as a reasonably ▪ Sec 25 – Fees
prudent person would use under like or similar circumstances. ▪ Sec 26 – Penal Provisions
Medical negligence uses this theory, but instead of the prudent ▪ Sec 27 – Appropriations
person, in the case of radiologic technology, the reasonably ▪ Sec 28 – Repealing Clause
prudent radiographer is used as a model. ▪ Sec 29 – Missing in the original text.
Ex. A patient arrives in the radiology department on a ▪ Sec 30 – Effectivity Clause
stretcher. After the radiographer has completed the CODE OF ETHICS FOR RADIOLOGIC
examination, the patient is transferred back to the stretcher, TECHNOLOGISTS▪
but the side rails are not raised. In moving about, the patient
falls and fractures a hip. The radiographer has a duty to protect Article 1: Responsibility to the Public
the patient from falls by following the standard practice of ▪ Article 2: Responsibility to the Patient
raising the side rails and this duty was breached by the ▪ Article 3: Responsibility to Colleagues, Allied Health
radiographer's failure to lock the side rails in the raised Professionals and Health Institutions
position. ▪ Article 4: Responsibility to Self

CODE OF GOOD GOVERNANCE

This Code is adopted by the Professional Regulation


Commission (PRC) and the 42 Professional Regulatory
Boards to cover an environment of good governance in which
all Filipino professionals shall perform their tasks. While each
profession may adopt and enforce its own code of good
LEGAL AND PROFESSIONAL STANDARDS
governance and code of ethics, it is generally recognized that
RA 7431 there is a general commonality among the various codes. This
Code which covers the common principles underlying the
REPUBLIC ACT NO. 7431. codes of various professions could be used by all professionals
AN ACT REGULATING THE PRACTICE OF who face critical ethical questions in their work.
RADIOLOGIC TECHNOLOGY IN THE PHILIPPINES,
CREATING THE BOARD OF RADIOLOGIC GENERAL PRINCIPLE OF PROFESSIONAL CONDUCT
TECHNOLOGY DEFINING ITS POWERS AND Professionals are required not only to have an ethical
FUNCTIONS AND FOR OTHER PURPOSES. commitment, a personal resolve to act ethically, but also have
both ethical awareness and ethical competency. Ethical
Sec 1- Title “Radiologic Technology Act of 1992” awareness refers to the ability to discern between right and
▪ Sec 2 - Statement of the Policy wrong, while ethical competency pertains to the ability to
▪ Sec 3 – Definition of Terms: engage in sound moral reasoning and consider carefully the
▪ Sec 4 – Practice X-ray Technology implications of alternative actions.
▪ Sec 5 - Practice of Radiologic Technology
SPECIFIC PRINCIPLE OF PROFESSIONAL CONDUCT ACCURACY OF DOCUMENTATION

1. Service to others ACCURATE MEDICAL RECORDS


2. Integrity and objectivity
3. Professional Competence One of the first places they will usually turn is to the medical
4. Solidarity and Teamwork record. Because of their detailed information, most records
5. Social and Civic Responsibility can help pinpoint where mistakes occurred. In effect, they can
6. Global Competitiveness help provide patients with better care
7. Equality of All Professionals RECORD KEEPING
MEDICAL RECORD Every medical office likely has its own process for collecting
medical records
Medical records are an essential piece of documentation that
follows us throughout our lives. They are both a medical and PRINCIPLES THAT EACH PRACTICE SHOULD
legal document that comes with certain stipulations and rights ENSHRINE INTO ITS ETHICAL STANDARD
that prevent the information from falling into the wrong hands • Monitor the security of all records systems.
or being unlawfully shared. According to the U.S. Department • Privacy law governs the disclosure of medical records.
of Health and Human Services, only an individual or their • Always remember that detail is important in medical records.
personal representative may access these sensitive documents. • Keep in mind, doctors may update records.
A medical record contains information regarding a patient’s
health and medical history. The level of detail, amount of
information, and type of information will vary significantly RADIOGRAPHIC IMAGES AS LEGAL DOCUMENTS
from patient to patient. A patient’s medical documentation
will mostly be determined by how much care they require. • The legal principles governing the use of radiologic images
in court and other legal proceedings were developed before the
introduction of computers in radiology and nuclear medicine
COMPONENTS OF A MEDICAL RECORD imaging equipment.
• Radiographic documents has an big role in courts and in
IDENTIFICATION INFORMATION -Every medical record hospitals such as being able to prove that an image has not
needs to have information that ties it to a patient. Examples of been altered and being able to prove that the hardware and
this could be as simple as your name and date of birth, software used to create it were scientifically reliable.
extending to your social security, state, or government-issued
identification number.
PATIENT’S MEDICAL HISTORY - This information paints LEGAL RISK REDUCTION/RISK MANAGEMENT
a picture of a patient, identifying which ailments or illnesses
are acute or chronic, possibly situational or even seasonal. LEGAL RISKS
This history could include: past and present diagnosis, medical Legal Risk Reduction in healthcare involves proactively
care, treatments and allergies. identifying and mitigating potential legal issues that could
MEDICATION HISTORY - What a patient ingests or arise in the course of providing healthcare services. This can
otherwise takes that could affect their health is also a part of include allegations of inadequate patient care, data privacy
their medical record. A patient’s medication history can also issues, and allegations of unprofessional conduct. A key
help paint a picture of their health along with possible aspect of legal risk reduction is proper documentation. For
complications that have arisen since. example, a lack of documentation or failure to recognize a
FAMILY MEDICAL HISTORY - Some health issues and medical emergency can lead to legal action.
concerns are genetic, which makes them important additions.
TREATMENT HISTORY AND MEDICAL DIRECTIVES -
A treatment history should encompass every treatment that has
has been given, including the efficacy of the treatments. RISK REDUCTION
Medical directives refer to aspects like DNR (do not Risk Management in healthcare is a systematic process aimed
resuscitate) orders or their living will. These are essential at reducing accidents, injuries, and financial risks in the
documents that outline what is and what isn’t wanted by a hospital. It helps to prevent, and properly handle patient,
patient if they are unable to communicate regarding their visitor, and employee adverse events. Risk management
medical care. cannot possibly eliminate all risks, but it can help increase
THE USE OF MEDICAL RECORD quality assurance
• Risk management in healthcare may include decreasing
• Legal cases can benefit from medical records, depending on malpractice claims, reducing insurance costs, and reducing
the case. patient falls. It ensures a facility is providing high-quality
• Insurance claims are another area where your medical patient care by operating in compliance with financial,
records may be of service.
medical, and legal regulations also known as “indirect consent”, can be defined as a situation
in which an user’s actions imply that they agree to the
collection, use, or sharing of their personal data.
PATIENT CONSENT For example: when a user visits a website that sells products
and adds items to their shopping cart. As a result, the website
DEFINITION OF CONSENT
processes the person’s personal data, such as their name,
MEDICAL CONSENT address, and payment information, in order to complete the
transaction. The person implicitly consents to the processing
Consent is one of the critical issues in the area of medical of their personal data for the purpose of fulfilling the purchase.
treatment.
OPT-IN CONSENT
The earliest expression of this fundamental principle, based on
autonomy, is found in the Nuremberg Code of 1947. Opt-In Consent refers to a situation in which a user actively
The Nuremberg Code was adopted immediately after World chooses to agree to the collection, use, or sharing of their
War II in response to medical and experimental atrocities personal data.
committed by the German Nazi regime. For example, when signing up for a newsletter, a user may be
The code makes it mandatory to obtain voluntary and asked if they would like to receive marketing emails. If the
informed consent of human subjects. user agrees, this is an example of opt-in consent,

Another example is when an app asks for permission to access


CONSENT a user’s location data, the user must choose to allow or deny
this request.
Consent refers to the provision of approval or agreement,
particularly and especially after thoughtful consideration and OPT-OUT CONSENT
understanding
As per jurisprudence prior provision of consent signifies a Opt-Out Consent refers to a situation in which an individual is
possible defense (justification) against civil or criminal automatically enrolled in the collection, use, or sharing of their
liability by the doctor. personal data, but has the option to withdraw consent.

For example, when a customer creates an account with a


TYPE OF CONTENT website, they may be automatically enrolled in the site’s
marketing emails, but can choose to opt-out and stop receiving
SIGNED/WRITTEN CONSENT them
Signed, written consent form prior to participation NO CONSENT
ONLINE CONSENT In exceptional cases, the requirement for informed consent
may be eliminated. This may apply if:
Active online consent before the start of the research. For
(1) informed consent would not be in the interest of the
example, you upload an opening statement at the start of your
participant;
online survey
(2) the research involves observing behavior in public spaces,
ORAL(RECORDED)CONSENT while no personal data are collected and no information about
specific individuals can be derived from the research data;
Oral consent prior to an interview that is recorded by audio or (3) the research involves examining behavior at the group
video level.
EXPRESS CONSENT 1. When informed consent would not be in the interest of the
participant: This is often the case with consent from parents or
also known as explicit or direct consent, occurs when someone legal representatives. One particular case in which a researcher
explicitly agrees to the collection, use, or sharing of their could decide not to inform the parents is when the child
personal data. In this particular case, the user must take an explicitly opts for anonymity.
active action to allow consent, for example by clicking on
“Accept” or “Allow“. For example, this could occur in the context of online self-help
For example: when a website pops up, a dialogue asking for sites. In such cases, contacting the parents would be more
the user’s permission to use cookies and requests the user to intrusive to the child’s privacy than not contacting them would
click on it and accept, or when signing up for a new app, a be. In principle, the desire for anonymity should be respected,
user may be prompted to agree to the app’s terms and and it can be violated only in the following exceptional cases:
conditions, outlining the app’s use of personal data.
a) If failure to inform parents, healthcare professionals or
IMPLIED CONSENT authorities would clearly be contrary to the child’s interests
(e.g. if the child is in urgent need of medical or psychiatric
care). mental capacity to understand the information provided and
b) If failure to inform parents, healthcare professionals or make an informed decision. If the patient lacks the capacity to
authorities would bring serious harm to others (e.g. if a child consent (due to age, cognitive impairment, or other reasons), a
mentions having committed or intending to commit a serious legally authorized representative may provide consent on their
crime). behalf
2. When observing behavior in public spaces (e.g. shopping 3. VOLUNTARY AGREEMENT: consent must be given
streets, underground stations or university campuses), no voluntarily without any coercion, undue influence, or pressure
individual consent is needed, as long as no personal data are from healthcare providers or other individuals
collected and no information about specific individuals can be 4. UNDERSTANDING AND COMMUNICATION: the
derived from the research data. healthcare provider should ensure that the patient understands
the information provided and is capable of communicating
3. When behavioral research involves examining behavior at their consent or refusal clearly
the group level: this include network studies of social 5. DOCUMENTATION: consent should ideally be
interactions (including bullying) in the classroom, the effect of documented, either through a signed consent form or
a teaching method on class performance or the effects of a documented notes in patient’s medical record, indicating that
new management technique on teamwork. the patient has been adequately informed and has agreed to the
procedure
In such cases, it may not be possible to obtain informed 6. ABILITY TO WITHDRAW CONSENT: the patient should
consent from every individual (and, in some cases, it could be be informed that they have the right to withdraw their consent
undesirable, as it would affect the group process). In such at anytime before or during the procedure if they change their
cases, the researcher should ensure the following: mind.
1. Informed consent must be obtained from the responsible These conditions ensure that the patient has been properly
person, institution or authority (e.g. the management of the informed about the x-ray procedure, understand its
institution or company). implications, and provides consent voluntarily and without
2. Individual privacy and autonomy must be preserved: no any external pressure. Healthcare providers have a legal and
personal data may be gathered without the active consent of ethical responsibility to ensure that valid consent is obtained
the individuals concerned or their legal representatives. before performing any medical procedure, including x-ray
3. Whenever possible, the relevant groups (including the examinations
parents or guardians of children used as test subjects) must be DOCUMENTATION OF CONSENT
informed in advance of any interventions, procedures, and
observations, unless doing so would seriously interfere with Documenting informed consent occurs after explaining the
the objective of the investigation. The researcher must provide research and assessing participant comprehension. At
evidence of the need to withhold such information and take minimum, it involves obtaining the signature of the participant
measures to prevent any negative consequences of (or the legally-authorized representative or parent(s), when
withholding such information. approved) as well as the person obtaining consent. The person
4. Interventions and/or procedures must occur at the group obtaining consent indicates he/she has explained the research
level, and they must not be aimed at specific individuals. The to the participant, ensured that the participant understand the
effects of an intervention can obviously vary from one research and that the subject freely consents to participate.
individual to another.
5. The research results must be reported only at the group USE APPROVED VERSION
level. This also applies to reports made to the institution in Ensure subjects sign the currently approved consent form by
which the research was performed. printing the stamped copy from RIS (not required, but strongly
encouraged).

VALID CONSENT REQUIRED SIGNATURE


Valid Consent for an x-ray procedure, as with ay medical Once participant agrees (or legally authorized representative
procedure, typically involves several key conditions: [LAR] or parent(s) agrees on participant behalf) to participate
in study, participant (or LAR or parent(s)) should sign and
date the consent form.
The person who has oriented and obtained consent must also
1. INFORMED CONSENT: the patient should receive clear sign and date the consent form, after the participant signs.
and comprehensive information about the x-ray procedure, A witness signature is not required except in limited
including its purpose, potential risks, benefits, alternatives, circumstances.
and what the procedure involves
2. CAPACITY TO CONSENT: the patient must have the
GIVE A COPY, KEEP A COPY decision may result in serious harm to themselves or others. In
such situations, healthcare providers may need to consider
Give subjects a signed copy and keep the original signed copy ethical and legal principles that balance the patient's autonomy
in your research file with the duty to protect their well-being.
RESEARCH FILE NOTES

Note in the research file when and with whom the consent MISCELLANEOUS LEGAL AND ETHICAL CONCERNS
discussion took place and if there were any issues.
REQUEST FOR RADIOLOGICAL EXAMINATIONS
MEDICAL RECORD DOCUMENTATION
1. PATIENT CONSENT
Include a copy of the consent form in the medical record when
study may affect subject’s health/treatment, and it would be - Legal: Ensure that the patient provides informed consent
helpful to share research-related treatment information with for the radiological procedure, as required by law.
UCSF providers who may not be aware of the subject’s study - Ethical: Respect the patient's autonomy by clearly
participation. Also document when the consent process took explaining the procedure, risks, and benefits before obtaining
place in the medical record. consent.
Important Note: No changes may be made to the consent form 2. PRIVACY AND CONFIDENTIALITY:
(including crossing out or striking through the consent form
text or making any changes in the wording) without prior - Legal: Adhere to privacy laws (e.g., HIPAA) to protect
approval from the IRB. patient information.
WITNESS RECORD REQUIRE - Ethical: Safeguard patient confidentiality and only share
information with authorized individuals.
Witness signatures are required by federal regulations in very
limited circumstances and can be required by the IRB to 3. MINIMIZATION OF RADIATION EXPOSURE:
assure an adequate informed consent process for some
research studies. - Legal: Follow established guidelines and regulations to
Examples: Informed consent is obtained using a short form minimize radiation exposure, ensuring the procedure is
consent process (when approved by the IRB). medically justified.
The participant has decision-making capacity, but cannot read, - Ethical: Prioritize patient safety by using the lowest
write, talk or is blind. possible radiation dose necessary for diagnostic purposes.
The participant’s guardian/legally-authorized representative 4. REFERRAL APPROPRIATENESS:
cannot read, write, talk or is blind.
- Legal: Ensure that referrals for radiological examinations
are based on medical necessity and comply with relevant
When required the witness must be impartial, such as an adult
regulations.
who is not a member of the study team and preferably who is
- Ethical: Refrain from unnecessary examinations and
not a family member of the participant (unless the person is a
consider alternative diagnostic methods when appropriate.
health professional or otherwise knowledgeable about
5. COMPETENCE AND TRAINING:
research). The witness must sign and date the consent form at
the time the consenting process occurs. A signature of the
- Legal: Radiological procedures should be performed by
witness means:
qualified and licensed professionals.
a. The requirements for informed consent have been satisfied.
- Ethical: Continuous education and training for radiological
b. Consent is voluntary and freely given by the participant,
staff to maintain competence and stay updated on
guardian or legally-authorized representative.
advancements in technology and techniques.

LOAN FILMS
RIGHTS TO REFUSAL
1,COPYRIGHT AND LICENSING:
The term "right of refusal" in the context of patient consent
refers to a patient's legal and ethical right to refuse or decline a - Legal: Ensure that the loan and use of the film comply with
proposed medical treatment or intervention. This principle is copyright laws and licensing agreements.
based on the concept of autonomy, which emphasizes an - Ethical: Respect intellectual property rights and obtain
individual's right to make decisions about their own body and proper permissions for any public screenings or commercial
medical care. use.
2. TERMS AND CONDITIONS:
It's important to note that the right of refusal may be subject to
- Legal: Clearly define the terms and conditions of the film
certain limitations, especially in cases where the patient's
loan, including duration, purpose, and any restrictions.
- Ethical: Transparently communicate the terms to - Legal: Uphold professional standards of conduct and ethics
borrowers, ensuring they understand and agree to comply with in interactions with visitors.
the specified conditions. - Ethical: Demonstrate professionalism, courtesy, and
3. AGE RESTRICTIONS: respect when dealing with visitors to create a positive and
supportive environment.
- Legal: Adhere to age restrictions specified by content 5. VISITOR IDENTIFICATION AND ACCESS CONTROL
rating systems and local regulations.
- Ethical: Consider the appropriateness of the film content - Legal: Implement appropriate access controls and
for the intended audience and avoid providing content that identification measures to ensure that only authorized
may be unsuitable. individuals enter restricted areas.
4. PRIVACY CONCERNS: - Ethical: Clearly communicate and enforce access policies,
preventing unauthorized access to sensitive areas.
- Legal: Respect privacy laws when handling personal 6. COMMUNICATION OF RISKS AND INSTRUCTIONS:
information related to film loans.
- Ethical: Safeguard the privacy of individuals borrowing - Legal: Provide clear instructions to visitors regarding
films and handle their personal information responsibly. safety protocols and potential risks associated with being in
6. FAIR USE AND PUBLIC SCREENING: the radiology department.
- Ethical: Ensure that visitors understand and follow safety
- Legal: Understand the legal implications of public guidelines to minimize risks to themselves and others.
screenings, ensuring compliance with fair use laws and 7. CULTURAL SENSITIVITY:
obtaining necessary permissions.
- Ethical: Obtain permission from copyright holders before - Legal: Avoid discrimination based on cultural or other
hosting public screenings to respect the rights of content protected characteristics.
creators. - Ethical: Be culturally sensitive to the diverse backgrounds
7. DISCRIMINATION AND ACCESSIBILITY: of visitors, ensuring an inclusive and respectful environment.
8. CONSENT FOR OBSERVATION OR EDUCATION:
- Legal: Avoid discrimination in the loan of films based on
factors such as race, gender, or other protected characteristics. - Legal: Obtain appropriate consent if visitors are observing
- Ethical: Strive for inclusivity, making films accessible to a procedures or participating in educational activities.
diverse audience and accommodating special needs when - Ethical: Respect the rights and autonomy of patients by
possible. ensuring that any observation or educational involvement is
conducted with the necessary permissions.
VISITORS IN THE RADIOLOGY DEPARTMENT
OTHER LAWS RELATED TO ALLIED HEALTH
1.PATIENT PRIVACY AND CONFIDENTIALITY: MEDICAL PRACTICE

- Legal: Protect patient privacy as mandated by laws such as 1.PROFESSIONAL REGULATION COMMISSION (PRC)
HIPAA (Health Insurance Portability and Accountability Act) REGULATIONS:
or other relevant data protection regulations.
- Ethical: Safeguard patient confidentiality by limiting - Legal: Compliance with PRC regulations is mandatory for
access to patient information and ensuring that visitors do not allied medical professionals, including licensing requirements
inadvertently breach privacy. and continuing education obligations.
2. INFORMED CONSENT: - Ethical: Uphold the standards set by the PRC to maintain
professional competence and integrity.
- Legal: Ensure that visitors are aware of and agree to any
relevant policies and procedures in the radiology department. 1.REPUBLIC ACT NO. 2382 (MEDICAL ACT OF 1959):
- Ethical: Clearly communicate the expectations and
limitations for visitors, obtaining their informed consent when - Legal: Defines and regulates medical practice in the
required. Philippines, including allied medical professions. Compliance
3. RADIATION SAFETY: is essential for practitioners.
- Ethical: Adhere to the ethical standards outlined in the
- Legal: Adhere to radiation safety regulations and Medical Act to ensure patient welfare and professional
guidelines to protect visitors from unnecessary exposure. conduct.
- Ethical: Prioritize the safety of visitors by providing 3. REPUBLIC ACT NO. 10586 (PHILIPPINE RADIOLOGIC
necessary protective measures and information on radiation TECHNOLOGY ACT OF 2013)
risks.
4. PROFESSIONAL CONDUCT: - Legal: Regulates the practice of radiologic technology,
outlining licensing requirements and professional standards.
- Ethical: Radiologic technologists should prioritize patient barriers to accessing healthcare that individuals from lower
safety, adhere to radiation safety guidelines, and maintain socioeconomic backgrounds may face. It's important to be
confidentiality. attentive to these factors and offer appropriate support and
4. REPUBLIC ACT NO. 10912 (CONTINUING resources to ensure equitable and accessible healthcare for all
PROFESSIONAL DEVELOPMENT ACT OF 2016): patients.

- Legal: Requires allied medical professionals to engage in ETHNICITY


continuing education and professional development to renew Cultural sensitivity in ethnicity encompasses an understanding
their licenses. and respect for the customs, beliefs, and traditions of different
- Ethical: Pursue ongoing learning to stay updated on ethnic groups. It involves recognizing the unique cultural
advancements in the field, contributing to improved patient heritage of each group and avoiding assumptions or
care. stereotypes based on ethnicity.
5. REPUBLIC ACT NO. 9439 (AN ACT PROHIBITING Culturally sensitive individuals are inclusive and welcoming,
THE DETENTION OF PATIENTS IN HOSPITALS AND fostering an environment where people from all ethnic
MEDICAL CLINICS DUE TO NONPAYMENT OF backgrounds feel valued and respected. Cultural sensitivity in
HOSPITAL BILLS OR MEDICAL EXPENSES): ethnicity also involves advocating for equality and challenging
any discrimination or barriers that may exist based on ethnic
- Legal: Prohibits the detention of patients in healthcare identity.
facilities due to nonpayment, emphasizing the right to health.
- Ethical: Healthcare providers should prioritize patient care GENDER
and well-being over financial considerations.
Gender refers to the social, cultural, and behavioral attributes,
6. REPUBLIC ACT NO. 9502 (UNIVERSALLY
roles, and expectations associated with being male or female.
ACCESSIBLE CHEAPER AND QUALITY MEDICINES
It goes beyond biological differences (sex) and encompasses a
ACT OF 2008):
range of identities and expressions, recognizing that
individuals may not strictly conform to traditional notions of
- Legal: Aims to make quality medicines more accessible
masculinity or femininity.
and affordable to the public.
- Ethical: Healthcare professionals should support initiatives ISSUE REVOLVING GENDER
that enhance access to essential medicines, promoting patient
welfare. 1. GENDER INEQUALITY
7. PATIENT'S BILL OF RIGHTS (REPUBLIC ACT NO. Disparities in opportunities, access to education,
9439): employment, and resources based on gender.

- Legal: Ensures that patients have the right to informed 2. GENDER-BASED VIOLENCE
consent, privacy, and other fundamental rights during Acts that target individuals based on their gender,
healthcare delivery. such as domestic violence, sexual harassment, and human
- Ethical: Healthcare providers must uphold these rights, trafficking.
fostering a patient-centered approach to care. 3. GENDER PAY GAP
Differences in earnings between men and women,
often reflecting systemic inequalities in the workplace.
CULTURAL SENSITIVITY
4. GENDER STEREOTYPES
Awareness and appreciation of the values, norms, and beliefs, Preconceived notions and expectations about the
characteristic of a cultural, ethnic, racial, or other group that is roles, behaviors, and characteristics associated with men and
not one’s own, accompanied by a willingness to adapt one’s women.
behavior accordingly. 5. LGBTQ+ RIGHTS
SOCIOECONOMIC Advocacy for equal rights and acceptance regardless
of sexual orientation, gender identity, or expression.
SOCIOECONOMIC STATUS
6. REPRODUCTIVE RIGHTS
Socioeconomic status (SES) refers to an individual's or a
Issues surrounding access to reproductive healthcare,
family's social and economic position in society.
family planning, and women's autonomy over their bodies.
It includes factors such as income, education level,
7. GENDER DISCRIMINATION
occupation, and access to resources. Understanding SES is
Unfair treatment based on gender, affecting various
crucial in healthcare because it greatly influences access to
aspects of life, including education, employment, and social
healthcare, health behaviors, and health outcomes.
interactions.
When providing care, healthcare professionals must consider
the financial constraints, limited resources, and potential SEXUAL ORIENTATION
Sexual orientation refers to an individual's enduring
emotional, romantic, or sexual attraction to people of the same
and/or opposite sex. Common categories include heterosexual
(attraction to the opposite sex), homosexual (attraction to the
same sex), and bisexual (attraction to both sexes). It is an
intrinsic aspect of a person's identity and is not a choice.

COMMON MISCONCEPTIONS ABOUT SEXUAL


ORIENTATION

1. CHOICE

One misconception is that sexual orientation is a


choice. Scientific evidence suggests that it is a complex Example Scenario: A patient is identified to be unconscious
interplay of biological, genetic, hormonal, and environmental and incapable of making decision regarding his well-being. In
factors. this given example, the patient is recommended to have a life
2. BINARY THINKING changing surgery that could potentially save him/her. How
does family affect this situation?
Some erroneously view sexual orientation in a strictly binary
manner, neglecting the diversity of orientations, such as RELIGION
bisexuality, pan sexuality, and asexuality.
Religion plays a significant role in many people's lives and has
3. PATHOLOGY
a deep influence on their beliefs, values, and healthcare
decisions.
Incorrectly associating non-heterosexual orientations
Healthcare providers should be aware and respectful of the
with pathology or mental disorders is another misconception.
religious beliefs and practices of their patients. This involves
Being gay, lesbian, or bisexual is not a mental health issue
understanding dietary restrictions, personal modesty concerns,
prayer needs, or any other religious practices that might affect
the patient's healthcare experience. By acknowledging and
accommodating religious beliefs and practices, healthcare
providers can create a supportive environment that respects
4. "CONVERSION" OR "REPARATIVE" THERAPY their patients' identity and values.

Believing that sexual orientation can be changed MENTALLY AND PHYSICALLY CHALLENGED
through therapy is a harmful misconception. Professional
health organizations widely condemn such practices. Disabled persons are those suffering from restriction or
5. STEREOTYPES different abilities, as a result of a mental, physical or sensory
impairment, to perform an activity in the manner or within the
Assuming that all individuals with a specific sexual range considered normal for a human being. Terms to further
orientation conform to stereotypes is misleading. Sexual understand Disabled Persons:
orientation is just one aspect of a person's identity. 1. Impairment is any loss, diminution or aberration of
psychological, physiological, or anatomical structure or
FAMILY STRUCTURE function.
The family is a basic unit of society in many medical and 2. Disability- A physical or mental impairment that
social science disciplines. Definitions of family have varied substantially limits one or more psychological, physiological
from country to country, and also within country. Because of or anatomical function of an individual or activities of
this and the changing realities of the current times, there is a individual record of an impairment
felt need for redefining the family and the common family Being regarded as having such an impairment
structure types. 3. Handicap refers to a disadvantage for a given individual,
resulting from an impairment or a disability, that limits or
prevents the function or activity, that is considered normal
given the age and sex of the individual
Republic Act No. 7277 or “Magna Carta for Disabled Persons,
1992”
“Disabled persons have the same rights as other people to take
their proper place in society.”

7 TYPES OF DISABILITIES MENTIONED IN REPUBLIC


ACT NO. 7277
TREATING MENTALLY AND PHYSICALLY
1. PSYCHOSOCIAL DISABILITY CHALLENGED PATIENTS

A psycho social disability pertains to any psychological or In General:


social condition that limits a person’s ability to effectively Speak directly with the patient, not to any companion that the
interact with others. People with this disability look fine from patient may have.
the outside but have a tendency to display asocial or anti- Avoid making assumptions about what assistance the patient
social behavior. needs. Offer assistance, wait for offer to be accepted and wait
for instructions.
Ask how you can help them and respect their answers.
2. DISABILITY CAUSED BY CHRONIC ILLNESS Presume that patients with disabilities are competent to handle
their own medical care. If patients do not have anyone to assist
A disability caused by chronic illness is a disability that results them, do not ask them whether they brought an aide or a
from complications brought about by the worsening of a companion.
chronic medical condition. Allow time for history taking and thorough exam.
For example, a person living with diabetes may suffer from Use “person-first” language when referring to patients with
complications such as diabetic retinopathy and sepsis due to disabilities (i.e. person who is blind, person who uses
the inability of his or her body to process sugar. Diabetic wheelchair, person with hearing loss) unless the patient asks to
retinopathy can cause one to go blind, while sepsis can force be referred to in another manner.
one to have his or her limbs removed or experience heart Don’t be afraid to ask the patient questions if you are unsure.
problems, which could result in a stroke. a. Visually Disabled Patients
3. LEARNING DISABILITY Always verbally identify yourself when you approach and
introduce other people in the room.
A learning disability is a disability that makes it Do not leave without letting the patient know.
difficult for a person to focus, comprehend, and retain Ask before you help. Always ask how they would like to be
information. It is usually detected and diagnosed during a assisted. Ask the person before you touch him/her to offer
person’s time in school. help.
4. MENTAL DISABILITY Be prepared to provide written materials in an auditory, tactile,
or electronic format of the patient’s preference (CD, Braille,
A mental disability is a mental illness-triggered large print).
disability. People with Down syndrome, bipolar disorder, Verbally explain procedures before beginning treatment and
post-traumatic stress disorder (PTSD), and schizophrenia ask the patients if they have any questions.
belong to this disability bracket. Tell the patient where personal affects (clothes and other
belongings) are in the room and do not move them without
telling the patient.
5. VISUAL DISABILITY Staff should be welcoming and describe the physical
environment (doors, steps, ramps, bathroom location, etc.).
Unlike other disabilities, a visual disability is considered a Never distract or touch a service animal without asking the
disability only when it can no longer be corrected. This means owner.
that a person who can still see clearly while wearing
eyeglasses is not yet classified as visually impaired, regardless b. Patients who are Deaf
of the grade of his or her eyeglasses. Ask how best to communicate.
6. ORTHOPEDIC DISABILITY Inform patients that sign language interpreting and real-time
captioning services are available.
An orthopedic disability refers to a disability that interferes If requested, promptly provide sign language interpreting or
with the ability of the joints, muscles, or limbs to function real-time captioning service for effective communication.
normally. It includes people with spina bifida, paraplegia, Family members should not be used to interpret.
quadriplegia, hemiplegia, cerebral palsy, and polio. Address the patient, not the interpreter.
7. COMMUNICATION DISABILITY Be prepared to give written materials as long as they are not
the primary form of communication.
A communication disability is a disability with two sub-types: c. Patients who are Hard of Hearing
hearing impairment and speech and language impairment. A Do not talk at a distance from them or from another room.
person is said to be hearing impaired when he or she partially Look directly at the patient when speaking so they can see
or completely lose his or her hearing ability. Meanwhile, a your mouth.
person with a speech and language impairment has trouble Speak normally and clearly. Do not shout, exaggerate mouth
articulating words. movements, or speak rapidly.
Minimize background noise and glare.
d. Wheelchair Users borrowing for big-ticket items like homes and cars.
Make sure there is a path of access to the room. 3. Low SES usually refers to individuals with low educational
Respect personal space, including wheelchair and assistive achievement and/or low household income.
devices.
Do not propel the wheelchair unless asked to do so. WHY IS IT IMPORTANT FOR YOU TO APPRECIATE
Provide accessible equipment as needed. YOUR SOCIOECONOMIC BACKGROUND?
Provide assistance as needed, such as by clearing obstacles Being from a community that has often been refused stable
from the path of travel or helping patients transfer to and quality opportunities builds resilience and dedication.
equipment if accessible equipment is unavailable. People from socioeconomic backgrounds that generally
Do not separate patients from their wheelchairs. experience higher levels of poverty and exclusion understand
Do not examine patients while seated in their wheelchairs if the value of things. They know how to work hard and be
the examination requires a person to lie down. dedicated to their work.

CULTURAL SENSITIVITY ETHNICITY

The definition of Cultural Sensitivity is: What is Ethnicity?


Understanding that people differ and are similar in their An ethnicity or ethnic group is a group of people who identify
cultures, and that these differences and similarities impact with each other on the basis of perceived shared attributes that
behavior, learning, and values. distinguish them from other groups.

A collection of abilities that enable you to comprehend and Ethnicity describes the culture of people in a given geographic
gain knowledge about individuals whose cultural backgrounds region, including their language, heritage, religion and
diverge from your own. customs.
The Value of Cultural Sensitivity 1. Ilocano
Numerous facets of our lives are influenced by our culture. It 2. Ifugao
affects how we communicate with one another and the outside 3. Bisaya
world. 4. Muslim
Individuals who are sensitive to different cultures can live and GENDER
work there. They respect and value diversity and are receptive
to understanding things from different perspectives. What is Gender?

Gender includes the social psychological, cultural and


SOCIOECONOMIC behavioral aspects of being a man, woman or other gender
identity.
What is Socioeconomic?
The social science that examines how social processes How do you define a Gender?
influence and are influenced by economic activity is called Gender refers to the characteristics of women, men, girls and
socioeconomic, or social economics for short. boys that are socially constructed.
This includes norms, behaviors and roles associated with
It examines how local, regional, or global economies drive being a woman, man, girl or a boy.
modern societies to advance, stagnate, or regress. What are the 4 Types of Gender?
A person or a group's socioeconomic status is their place on 1. Masculine Gender
the socioeconomic scale, which is based on a variety of social - It is used to denote a male sub type.
and economic factors like their income, their level and type of 2. Feminine Gender
education, their type and prestige of occupation, where they - It is used to denote a female sub type.
live, and—in certain societies or parts of society—their 3. Neuter Gender
ethnicity or religious background. - Neuter means neither, which is neither a male or female.
4. Common Gender
THREE LEVELS OF SOCIOECONOMIC: - It denotes either a male or female sex.

1. High SES, therefore, indicates a high-income, SEXUAL ORIENTATION


high-status occupation and adequate living conditions.
Sexual Orientation is the emotional, romantic, or sexual
2. The middle class is a socioeconomic stratum that falls in
attraction that a person feels towards another person.
between the working class and the upper class. Those in the
Sexual orientation is just something your born with. Culture
middle class have enough disposable income to afford minor
can only influence how a person expresses their orientation,
luxuries like vacations or restaurants but also rely on
which itself is inborn.
TYPES OF SEXUAL ORIENTATION
Childless families are families with two partners who cannot
have or don't want kids.
1. HETEROSEXUAL In the world of family types and dynamics, these families are
often forgotten or left out
– People who are heterosexual are romantically and physically
attracted to members of opposite sex. Heterosexual are what 5. STEPFAMILY
we call “straight”
A stepfamily is when two separate families merge into one.
2. HOMOSEXUAL This can go several different ways, like two divorced parents
with one or more children blending families, or one divorced
– People who are homosexual are romantically and physically parent with kids marrying someone who has never been
attracted to people of same sex. married and has no kids.
A. Female who are attracted to another female are called 6. GRANDPARENT FAMILY
“Lesbian”
B. Male who are attracted to another male are called “Gay” The final family type is the grandparent family.
A grandparent family is when one or more grandparent is
3. BISEXUAL raising their grandchild or grandchildren.

– People who are bisexual are romantically and physically


attracted to members of both sexes. RELIGION

4. Asexual RELIGION absolutely, cultural sensitivity around religion is


– People who are asexual may not be interested in sex, but crucial.
they still feel emotionally close to other people
It involves respecting others' beliefs, customs, and practices,
FAMILY STRUCTURE refraining from imposing one's beliefs on others, and being
open to understanding different perspectives.
Family structure refers to the combination of relatives that
It's about fostering an environment of acceptance and
comprise a family.
understanding, regardless of one's faith or beliefs.
The cultural beliefs of individual family members and the
entire family inform decisions made about the child and the MENTALLY AND PHYSICALLY CHALLENGE
family. Cultures shape our views on key issues such as family
roles and goals, care-giving practices, learning, education,
school readiness, child behaviors, and the nature of childhood Is a term used to describe individuals who have difficulties
itself with their mental and physical abilities.
TYPES OF FAMILY STRUCTURE Some people might have challenges with their thinking,
learning, or understanding things, which is called a Mental
Challenge.
1. NUCLEAR FAMILY Others might have difficulties with their movement, strength,
or coordination, which is called a Physical Challenge.
Also known as elementary or traditional families, consists of These challenges can vary in severity and may affect different
two (2) parents (usually married or common law) and their aspects of a person's life.
children. It's important to remember that everyone deserves respect,
understanding, and support, regardless of their challenges.
2.SINGLE PARENT

Single Parent Families consist of one parent with one or more


kids.
In these cases, the parent either never married, widowed, or
divorced.
3. EXTENDED FAMILY CULTURAL SENSITIVITY

Also referred to as cross-cultural sensitivity or cultural


Families with two or more adults who are related through awareness, is the knowledge, awareness, and acceptance of
blood or marriage, usually along with children. other cultures and others' cultural identities the. Ability to
This often includes aunts, uncles, cousins, or other relatives recognize, understand, and react appropriately to behaviors of
living under the same roof. persons who belong to a cultural or ethnic group that differs
4. CHILDLESS FAMILY
substantially from one's own. Cultural sensitivity in friends. In other cultures, there may be different norms
socioeconomic refers to the awareness, understanding, and regarding gender roles and expectations within the family. By
consideration of cultural factors when analyzing, formulating, respecting these differences, we can avoid imposing our own
and implementing economic policies and practices within a cultural values and beliefs on others.
society. Understanding that individuals and communities may
have different values, traditions, and perspectives that RELIGION
influence their economic behaviors. Recognizing that cultural Religion and culture are often intertwined. No single religion
factors influence how people approach economic activities encompasses a whole society in the world todat that lives
such as saving, spending, investing, and entrepreneurship. according to a single set of sacred rules and practices.
Showing respect for different religions and spiritual beliefs is
an important aspect of cultural sensitivity. Religion and
culture are often intertwined. No single religion encompasses
a whole society in the world todat that lives according to a
ETHNICITY single set of sacred rules and practices. Showing respect for
Cultural sensitivity in ethnicity involves being aware of and different religions and spiritual beliefs is an important aspect
respectful towards the diverse customs, traditions, values, and of cultural sensitivity.
perspectives associated with different ethnic groups. It means
recognizing that people from various ethnic backgrounds may
have unique cultural practices and beliefs. To be culturally MENTALLY AND PHYSICALLY CHALLENGE
sensitive in ethnicity, one should avoid making assumptions,
stereotypes, or generalizations about individuals based on their MENTALLY CHALENGE
ethnic identity. Instead, fostering understanding, appreciating Cultural sensitivity in mental health or neurodiversity,
diversity, and promoting inclusivity are essential aspects of involves an awareness and understanding of how culture
cultural sensitivity in the context of ethnicity. influences the experience, perception, and treatment of mental
GENDER health conditions among individuals from diverse cultural
backgrounds. Training mental health professionals to
consideration to sociocultural norms and discrimination in understand and navigate cultural nuances in diagnosis,
order to acknowledge the different rights, roles and treatment, and communication.
responsibilities of women and men in the community and the
relationships between them. Gender sensitive policy, program, MENTALLY CHALENGE
administrative and financial activities, and organizational Recognizing how cultural background may influence
procedures will differentiate between the capacities needs and preferences for certain therapeutic approaches or
priorities of women and men ensure that the views and ideas interventions.
of both women and men are taken seriously consider the
implications of decisions on the situation of women relative to PHYSICALLY CHALLENGE
men and take actions to address inequalities or imbalance
limitations hinder the person from performing tasks of daily
between women and men.
living. Physical disabilities are highly individualized. Ensuring
SEXUAL ORIENTATION that environments and services are accessible and
accommodating to individuals with different types of physical
Sexual orientation is about who you’re attracted to and who challenges. Recognizing and respecting cultural perceptions of
you feel drawn to romantically, emotionally, and sexually to disability fosters a more inclusive and respectful approach.
have relationships with. Sexual orientations include gay,
lesbian, straight, bisexual, and asexual.

FAMILY STRUCTURE

Cultures shape our views on key issues such as family roles


and goals, care giving practices, learning, education, school
readiness, child behavior and the nature of childhood itself.

The cultural beliefs of individual family members and the


entire family inform decisions made about the child and
family

Respecting Cultural differences in family structure is one


example of cultural sensitivity. In many cultures, the family
unit extends beyond just parent and children, and it includes
grandparents, aunts and uncles, cousins and even close family

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