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Ethis-Day-1

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0% found this document useful (0 votes)
40 views

Ethis-Day-1

Uploaded by

Jhan Vic Gavasan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DEPARTMENT AND ADMINISTRATION

• MANAGEMENT AND ADMINISTRATION


● MANAGER
● SUPERVISOR
● RANK AND FILE

• HUMAN RESOURCE MANAGEMENT


● Work contract
● Benefits
● Duties and Responsibilities

DEPARTMENT AND SECTION

• DEPARTMENT HEAD = DEPT OF RADIOLOGY


● DEPARTMENT POLICY

• SECTION HEAD = XRAY, CT/MRI etc...


- SECTION POLICY

ORGANIZATIONAL CHART - STRUCTURAL PLAN AND AUTHORITY DELEGATION.

"EXHAUSTION OF ADMINISTRATIVE REMEDY”

AUTHORITY - is the power to act.

• CHAIN OF COMMAND - WHERE AUTHORITY AND LIABILITY EMANATES FROM

• DIVISION OF LABOR - FIELD OF SPECIALIZATION

• POLICY - BY MANAGEMENT, BY COMMITTEE, PER DEPT/SEC.

"RESPONDEAT SUPERIOR"
● BASIS
● APPLICABILITY

PATIENT'S RIGHTS AND OBLIGATIONS

HB-261 & SB-151 "MAGNA CARTA OF PATIENT'S RIGHTS AND OBLIGATIONS (2013)

By: RODRIGUEZ D. DADIVAS (LH) PIA CAYETANO (UP)

TITLE III: DECLARATION OF RIGHTS


• SEC. 4 THE RIGHTS OF THE PATIENTS

1. RIGHT TO APPROPRIATE MEDICAL CARE AND HUMANE TREAMENT

2. RIGHT TO INFORMED CONSENT


● WRITTEN INFORMED CONSENT(GEN. RULE)

EXCEPTIONS:
1. EMERGENCY CASES
2. AFFECTS HEALTH OF THE POPULATION
3. LAW MAKES IT COMPULSARY
4. PATIENT IS MINOR/INCOMPETENT
5. DISCLOSURE OF MATERIAL INFO. JEOPARDIZE THE TREATMENT
6. WAIVER BY THE PATIENT

TO WHOM SHOULD PATIENT'S CONSENT BE TAKEN?

• 1. PATIENT PERSONALLY (GEN. RULE)

• EXCEPTIONS:

• 1. SPOUSE
• 2. SON/DAUGHTER OF LEGAL AGE
• 3. EITHER PARENT OF THE PATIENT
•4. BROTHER/SISTER OF PATIENT; OF LEGAL AGE
• 5. GUARDIAN

3. RIGHT TO PRIVACY AND COFIDENTIALITY

EXCEPTIONS,
● A. ORDERED BY THE COURT(IN CONTROVERSY)
● B. PUBLIC HEALTH AND SAFETY DEMANDS IT
● C. WAIVER BY THE PATIENT

4. RIGHT TO INFORMATION - ALL ABOUT HIS TREATMENT, PROCEDURE INCLUDING


BILLS.
5. RIGHT TO CHOOSE HEALTH CARE PROVIDER AND FACILITY
6. RIGHT TO SELF-DETERMINATION
-TO AVAIL ANY RECOMMENDED DIAGNOSTIC AND TREATMENT PROCEDURES.

7. RIGHT TO RELIGIOUS BELIEF


8. RIGHT TO MEDICAL RECORDS
9. RIGHT TO LEAVE-REGARDLESS OF PHYSICAL CONDITION
"no patient shall be detained against his will in any health care institution on the sole basis of his
'FAILURE TO FULLY SETTLE HIS FINANCIAL OBLIGATIONS".

10. RIGHT TO REFUSE PARTICIPATION IN MEDICAL RESEARCH


11. RIGHT TO CORRESPONDENCE AND TO RECEIVE VISITORS
12. RIGHT TO EXPRESS GRIEVANCES
13. RIGHT TO BE INFORMED OF HIS RIGHTS AND OBLIGATIONS AS PATIENT.

TITLE IV: DECLARATION OF OBLIGATIONS SEC. 6. THE OBLIGATIONS OF PATIENTS

1. KNOW RIGHTS (HIS RIGHTS)


2. PROVIDE ACCURATE AND COMPLETE INFORMATION
3. REPORT UNEXPECTED HEALTH CHANGES
4. UNDERSTAND PURPOSE AND COST OF TREATMENT
5. ACCEPT CONSEQUENCES OF OWN INFORMED CONSENT
6. SETTLE FINANCIAL OBLIGATIONS
7. RELATION TO OTHERS - ACT IN A CONSIDERATE AND COOPERATIVE MANNER
8. EXHAUST GRIEVANCE MECHANISM

Good Samaritan Law

- offer legal protection to people who give reasonable assistance to those who are, or who they
believe to be injured, ill, in peril, or otherwise incapacitated.-The protection is intended to reduce
bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or
WRONGFUL DEATH.

DO WE HAVE THIS PRINCIPLE IN LAW?

Art. 275. Abandonment of person in danger and abandonment of one's own victim. - The
penalty of arresto mayor shall be imposed upon

1. Any one who shall fail to render assistance to any person whom he shall find in an
uninhabited place wounded or in danger of dying, when he can render such assistance without
detriment to himself, unless such omission shall constitute a more serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has accidentally
wounded or injured.

REPUBLIC ACT No. 7431


(Radiologic Technology Law)
April 22, 1992 - when the law effect
Feb 27, 1992 - publication
• AN ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE
PHILIPPINES, CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS
POWERS AND FUNCTIONS AND FOR OTHER PURPOSES. (sec.1)

Purpose of Enactment

As stated in its title, the Radiologic Technology Act of 1992 was enacted to regulate the practice
of Radiologic Technology in the Philippines and to create the Board of Radiologic Technology.

It was enacted pursuant to the Police Power of the state for the promotion of the general
welfare. That is, to protect the public from the hazards posed by radiation as well as to ensure
safe and proper diagnosis, treatment and research through the application of machines and/or
equipment using radiation. (sec. 2) and to upgrade the practice of the profession…

Professional practice

• Legal basis

Section 4 and 5 of R.A. 7431

"A Radiologic and/or X-ray Technologist shall also be considered in the practice of his
profession if the nature and character of his employment requires professional knowledge in the
art and science of radiologic and/or X-ray technology, and such employment or position requires
that the holder thereof be a Radiologic and/or X-ray Technologist".

X-ray Technology, defined

"X-ray technology" is an auxiliary branch of radiology which deals with the technical application
of x-rays as aid in the diagnosis of diseases and injuries; (sec.3)

Professional Practice

∆ General Rule(sections 4 and 5)


The professional practice of X-ray and Radiologic Technology is exclusively for X-ray and
Radiologic Technologists only.

∆ Exemption to the Rule


Other professionals duly registered with the Professional Regulation Commission performing
any of the acts above mentioned; Provided, That under the law or laws governing their
respective professions, they may perform the said acts.

Requirement for the Practice of Radiologic and X- ray Technology


∆ No person shall practice or offer to practice as a Radiologic and/or X-ray
Technologist in the Philippines without having obtained the proper
∆ Certificate of registration from the Board, (sec. 15) and
∆ Professional oath. (sec. 23)
∆ Passing the Board Exam (sec. 24)

Sec 6. Creation of the BORT


∆ 1-chairman
∆ 4-members
∆ Procedure of appointment
∆ PRC-Recommendation
∆ Office of the President

Sec. 7. Qualification of BORT members


A. For each member
•Citizine and resident of the Philippines
•with good moral character
•excluded from teaching post (undue I fluence)
B. Be a Radiologic Technologist

A. 10 years experience in practice

Sec. 8. Term of Office

∆ 3 years
∆ 2 years
∆ 1 year

• Note: staggered term of service

Sec 9. Duties and Functions of BORT


A. enforcement of this act
B. administration of oath
C. power to investigate (suspend/revoke)
D. investigate violations of this act
E. conduct board exam
F. supervision over practice of RT prof.
G. promulgate rules and regulations
H. adopt seal

Sec. 10. Compensation of BORT


Sec. 11. Removal of BORT members
Sec. 12. Supervision over the BORT
Sec. 13. Authority to create rules and regulations
Sec. 14. Annual report
Sec. 15. Requirements for the practice (Certification from BORT)
Sec. 16. Exempt from exam in XT
a. first member of BORT
b. Passed the CS/DOH
Sec. 17. Exempt from board exam in RT "Grandfather Rule/Principle"
Sec. 18. Required exam = Licensure Exam

THE GRANDFATHER RULE

A grandfather clause (or grandfather policy) is a provision in which an old rule continues to
apply to some existing situations while a new rule will apply to all future cases. Those exempt
from the new rule are said to have grandfather rights or acquired rights, or to have been
grandfathered in. (SEE R.A. 7431, sec's. 16 & 17)

EXAMPLE: BSRT EXAM UNDER DOH (before), NOW-PRC AA 8981-PRC MODERNIZATION


ACT OF 2000

ESTRADA (DEC 3, 2000)

Sec. 19. Qualifications for exam


• Filipino citizen
• With good moral character AND not convicted with a crime involving moral turpitude
•Finished Radtech degree

Sec. 20 Scope of the exam for XT


Sec. 21. scope of exam for Radtech
Sec. 22. Report of Ratings
● Within 120 days to the commission
● Conditional passer (2x)

Sec. 23. Oath Taking


Sec. 24. Issuance of Cert. of Reg.
Sec. 25. Fees
Sec. 26. Penal Provisions
Any person who shall practice radiologic technology and/or x-ray technology in the
Philippines, within the meaning of this Act, with any of the following attending circumstances
shall, upon conviction by final judgment, be punished with a fine of not less than Ten thousand
pesos (P10,000) nor more than Forty thousand pesos (P40,000), or by imprisonment of not less
than one (1) year nor more than six (6) years, or both, at the discretion of the court:

(a)
(b)
(c) Using an expired license, or suspended or revoked certificate of registration;
(d) Giving any false or forged evidence to the Board of Radiologic Technology in order to obtain
a certificate of registration;
(e) Posing or advertising as a registered radiologic and/or x-ray technologist or using any other
means tending to convey the impression that he is a registered radiologic and/or x-ray
technologist;
• (f) Violation of any of the provision or provisions of R.A. 7431.

• RULES AND REGULATIONS PROMULGATED BY THE BOARD OF RADIOLOGIC


TECHNOLOGY PURSUANT TO SEC. 9(g) AND SEC. 13 OF R.A. NO. 7431
• RULE 20-grounds for disciplinary action

1. Final conviction of an offense with or without moral turpitude by the court


2. Immoral or dishonorable conduct
3. Fraud in registration as an X-ray Technologist/Radiologic Technologist
4. Addiction to alcoholic beverages or to any habit-forming drugs rendering him/her incompetent
to practice his/her profession.
5. Aiding or acting as a dummy of unregistered X-ray Technologist/Radiologic Technologist or
abetment of the illegal practice of the profession
6. Insanity as declared by the court
7. Gross negligence or gross incompetence, serious ignorance or lack of foresight causing an
injury or death to a patient/client or a damage to property
8. False, extravagant or unethical advertisement in which things other than his name,
profession, limitation of practice, office and home address are mentioned
9. Failure to comply with his obligation as member in good standing of the integrated and
accredited association of his profession without any valid cause
10. Failure to attend seminar, workshop, conference and the like or a continuing program
prescribed by the commission.

■ PENALTY:

■ Revocation of certificate of registration

* Suspension

• Reprimand

• Perpetual disqualification to practice

■ NOTE: without prejudice to imposition of imprisonment or fine or both.

Sec. 27. Appropriations


Sec. 28. Repealing Clause
Sec. 29. Missing Provision
Sec. 30. Effectivity Clause
February 27,1992/April 22, 1992

Sec. 13 BORT 1993

PHILIPPINE CODE OF ETHICS FOR RADIOLOGIC TECHNOLOGISTS

• RESOLUTION 02-Series of 2014


• Article I RELATION WITH THE STATE AND SOCIETY

Sec. 1. radiologic technologist and x-ray technologists shall acknowledge the supreme authority
of the philippine government and shall adhere to the philippine constitution, r.a. 8981-prc
modernization act of 2000, r.a. 7431- radiologic technology act of 1992, other pertinent laws as
well as the implementing rules and regulations promulgated pursuant to such laws.
Sec. 2. they shall promote public interests and welfare at all times.
Sec. 3. they shall observe the highest standards of competence and ethics in the practice of the
profession.
Sec. 4. they shall be involved in civic affairs by participating in the activities of relevant
organizations to enhance their well-being and that of their community.
Sec. 5. they shall commit to serve their fellow men, with justice, good faith and respect for
human rights.

Article II. RESPONSIBILITY TO PATIENTS

Sec. 1. they shall provide patient care in accordance with the accepted professional and ethical
standards.
Sec. 2. they shall respect the dignity, privacy and right to self-determination of the patients.
Sec. 3. they shall provide patient care without discrimination, by reason of age, race, creed, sex,
socio-economic status, religious or political belief or nature of disease/illness.
S awec. 4. they shall posses such degree of technical knowledge and skills, reflective of their
competence in the field.
Sec. 5. they shall advocate the best interests and safety of the patients as well as of the entire
health care team by ensuring that the radiation exposure is kept at a minimal
Sec. 6. they shall uphold the principle of informed consent.
Sec. 7. they shall hold in confidence all information obtained in the course of their professional
practice and shall only disclose such information in accordance with the law and principles of
medical ethics
Sec. 8. they shall only provide services for which they are qualified by virtue of their education,
training and experience.

Article III. RESPONSIBILITY TO COLLEAGUES, ALLIED HEALTH PROFESSIONALS AND


HEALTH INSTITUTIONS
Sec. 1. you shall take diligent care of radiologic equipment/modalities that are assigned to them
and shall make use of them appropriately and effectively according to the accepted standard of
practice.
Sec. 2. they shall show respect and support to their colleagues and other members of
healthcare team.
Sec. 3. they shall apply sound judgment in the exercise of their profession and assume
responsibility for their own decision/s.
Sec. 4. they shall assist the radiologist and referring physician in the administration of radiologic
procedures for the diagnostic and therapeutic management of patients.
Sec. 5. they shall recognize that interpretation and diagnosis of radiologic procedures are
beyond the scope of their professional practice.
Sec. 6. they shall not, directly or indirectly, assist, tolerate, aid or abet any unauthorized practice
of the profession.
Sec. 7. they shall report to the professional regulatory board of radiologic technology or other
appropriate authorities, any violation ot r.a. 8981, r.a. 7431, their implementing rules and
regulations, and this code of professional ethics.
Sec. 8. they shall keep their reputation above reproach and shall maintain proper decorum in all
their actuations to gain public esteem and respect for the profession
Sec. 9. they shall not debase or demean the reputation, competence, and capability of a
colleague to aggrandize themselves.

Article IV. RESPONSIBILITY TO SELF

Sec. 1. they shall endeavor to undertake activities that will foster their professional
development, which shall include CPE/CPD, to upgrade the standard of their practice as
technologists.
Sec. 2. they shall take active part in relevant activities by prof. org/society.

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