Philippines "RH Bill" of 2011: the shape of things to come?
The Responsible Parenthood, Reproductive Health and Population and
Development Act of 2011
The "RH Bill" (2011) in brief
- The following sections of the consolidated "RH Bill"
of 2011 are of
particular interest to freedom of conscience
issues.
- For the full text of the bill,
see:
- The Responsible Parenthood, Reproductive
Health and Population and Development Act of
2011 [html]
[pdf]
- For the amendments requested by the
bill sponsors, see
Letter from Edcel C. Lagman to Chairman of
Committee on Population and Family Relations [html]
[pdf]
Consolidated Text of the Reproductive
Health Bill (HB4244)
SEC. 1. Title
This Act shall be known as the "The Responsible Parenthood,
Reproductive Health and Population and Development Act of 2011."
SEC. 2. Declaration of Policy
1. The bill declares a right to
reproductive
health (defined below)
to be a "human right," a claim
that is legally and philosophically in dispute.
A universal basic human right must pertain to "all persons."
This includes single
people (Comment 6), even though marital status is not
listed as a ground of discrimination. It must aslo include
everyone without consideration of preferences in sexual
partners. This is confirmed by the reference to
"sexual orientation."
2.
Political/ideological concepts and terminology are transformed into
"health concerns."
Gender equality (defined below) implies more than equality between the sexes.
It posits the existence of more
than two genders.
The State recognizes and guarantees the exercise of the universal
basic human right to reproductive health
by all persons,
particularly of parents, couples and women, consistent with their
religious convictions, cultural beliefs and the demands of
responsible parenthood. Toward this end, there shall be no
discrimination against any person on grounds of sex, age, religion,
sexual orientation, disabilities, political affiliation and
ethnicity.
Moreover, the State recognizes and guarantees the promotion of
gender equality, equity and women's empowerment
as a health and
human rights concern. The advancement and protection of women's
human rights shall be central to the efforts of the State to address
reproductive health care. As a distinct but inseparable measure to
the guarantee of women's rights, the State recognizes and guarantees
the promotion of the welfare and rights of children.
3. The state is to be the guarantor
of "universal access" to
reproductive
health care (defined below). This must include single people as
well as those of various "genders." No similar state obligations
are recognized with respect to other forms of health
care, such as palliative care, even in the
National Health Insurance Act.
4.
"Infringement" need not imply actual violation. This has
implications for the expression of religious beliefs and practices based
on religious beliefs.
The State likewise guarantees
universal access
to medically-safe,
legal, affordable, effective and quality
reproductive health care
services, methods, devices, supplies and relevant information and
education thereon even as it prioritizes the needs of women and
children, among other underprivileged sectors.
The State shall eradicate discriminatory practices, laws and
policies that infringe on a person's exercise of reproductive health
rights.
SEC. 3. Guiding Principles
The following principles constitute the framework upon which this
Act is anchored:
a) Freedom of choice, which is central to the exercise of
right, must be fully guaranteed by the State;
5. The
bill is directed at anyone who is at least 11 years old (see
"Adolescence"). Re: "adult
individuals," see Comments 1,
2 & 3.
b) Respect for, protection and fulfillment of reproductive
health and rights seek to promote the rights and welfare of
couples, adult individuals, women and
adolescents;
6.
Reproductive health care is defined below. The bill presumes but does not define a "right to
health." (See Comments
1 and
2.)
c) Since human resource is among the principal asset of the
country, maternal health, safe delivery of healthy children and
their full human development and responsible parenting must be
ensured through effective reproductive health care;
d) The provision of medically safe, legal, accessible,
affordable and effective reproductive health care services and
supplies is essential in the promotion of people's right to
health, especially of the poor and marginalized;
7.
Family planning as defined
does not include artificial reproduction (which is
inconsistent with the definition of
reproductive health) but does
include potential embryocides. Were abortion
legalized, the state would be obliged to provide access
to it.
The obligation noted in (f) requires the
State to promote childbearing by single people and unmarried couples, a
practice that some people find morally objectionable. Consistent
with the definition of reproductive
health, this
subsection also implies the obligation to provide artificial
reproductive services.
e) The State shall promote, without bias,
all effective natural
and modern methods of family planning
that are medically safe
and legal;
f) The State shall promote programs that: (1) enable
couples,
individuals and women to have the number and spacing of children
and reproductive spacing they desire with due consideration to
the health of women and resources available to them; (2) achieve
equitable allocation and utilization of resources; (3) ensure
effective partnership among the national government, local
government units and the private sector in the design,
implementation, coordination, integration, monitoring and
evaluation of people-centered programs to enhance quality of
life and environmental protection; (4) conduct studies to
analyze demographic trends towards sustainable human development
and (5) conduct scientific studies to determine safety and
efficacy of alternative medicines and methods for reproductive
health care development;
g) The provision of reproductive health information, care and
supplies shall be the joint responsibility of the National
Government and the Local Government Units (LGUs);
8.
Sub-section (h) suggests the possibility of coercion by the state to
ensure "active participation." Section 25 authorizes such measures.
See Comment 33.
h) Active participation
by non-government, women's, people's,
civil society organizations and communities
is crucial to ensure
that reproductive health and population and development
policies, plans, and programs will address the priority needs of
the poor, especially women;
i) While this Act recognizes that abortion is illegal and
punishable by law, the government shall ensure that all women
needing care for post-abortion complications shall be treated
and counseled in a humane, non-judgmental and compassionate
manner;
j) here shall be no demographic or population targets and the
mitigation of the population growth rate is incidental to the
promotion of reproductive health and sustainable human
development;
9.
Political/ideological concepts and terminology are transformed into
"health" issues.
k) Gender equality and women empowerment
are central elements
of reproductive health and population and development;
l) The limited resources of the country cannot be suffered to
be spread so thinly to service a burgeoning multitude making
allocations grossly inadequate and effectively meaningless;
m) Development is a multi-faceted process that calls for the
coordination and integration of policies, plans, programs and
projects that seek to uplift the quality of life of the people,
more particularly the poor, the needy and the marginalized; and
n) That a comprehensive reproductive health program addresses
the needs of people throughout their life cycle.
SEC. 4. Definition of Terms
For the purposes of this Act, the following terms shall be
defined as follows:
Adolescence refers to the period of
physical and physiological development of an individual from the
onset of puberty to complete growth and maturity which usually
begins between eleven (11) to thirteen (13) years and terminating at
eighteen (18) to twenty (20) years of age;
10. "Among
others" indicates that the definition can be expanded; subsequent terms
suggest limitless expansion.
Adolescent Sexuality refers to,
among
others, the reproductive system, gender identity, values and
beliefs, emotions, relationships and sexual behavior at adolescence;
AIDS (Acquired Immune Deficiency Syndrome)
. . . [See
full text]
Anti-Retroviral Medicines (ARVs)
. . .[See
full text]
Basic Emergency Obstetric Care
. . .[See
full text]
Comprehensive Emergency Obstetric Care . . .[See
full text]
11.
Includes religious denominations and
denominational health care employers.
Employer refers to
any natural or
juridical person who hires the services of a worker. The term shall
not include any labor organization or any of its officers or agents
except when acting as an employer;
12.
Includes single persons and unmarried couples
of any sex. Restricted to birth prevention: does
not include artificial reproduction, which is inconsistent with the
definition of reproductive health.
See also definition of modern
methods of family planning.
Family Planning refers to a program
which enables couples, individuals and women
to decide freely and
responsibly the number and spacing of their children, acquire
relevant information on reproductive health care, services and
supplies and have access to a full range of safe, legal, affordable,
effective natural and modern methods of limiting and spacing
pregnancy;
13.
Implies more than equality between the sexes. "Sexual
orientation" is undefined and need not be limited to
homosexual inclinations. Similarly, the notion of
"gender identity" may posit the existence of more
than two genders.
Gender Equality refers to the absence
of discrimination on the basis of a person's sex,
sexual orientation
and gender identity in opportunities, allocation of resources or
benefits and access to services;
Gender Equity refers to fairness and
justice in the distribution of benefits and responsibilities between
women and men, and often requires women-specific projects and
programs to end existing inequalities;
14.
Includes all private and denominational health care
facilities as well as individual health care workers.
Healthcare Service Provider refers to
(1) health care institution, which is duly licensed and accredited
and devoted primarily to the maintenance and operation of facilities
for health promotion, disease prevention, diagnosis, treatment, and
care of individuals suffering from illness, disease, injury,
disability or deformity, or in need of obstetrical or other medical
and nursing care; (2) a health care professional, who is a doctor of
medicine, a nurse, or a midwife; (3) public health worker engaged in
the delivery of health care services; and (4)
barangay health worker
who has undergone training programs under any accredited government
and non-government organization and who voluntarily renders
primarily health care services in the community after having been
accredited to function as such by the local health board in
accordance with the guidelines promulgated by the Department of
Health (DOH);
HIV (Human Immunodeficiency Virus)
. . .[See
full text]
Male Responsibility
. . .[See
full text]
Maternal Death Review . . . [See
full text]
15. Includes morally
controversial drugs, devices and procedures: contraceptives, potential
embryocides, abortifacients, and contraceptive sterilization.
Does not include artificial reproduction; this is inconsistent with the
definition of reproductive health.
See also Family Planning.
Modern Methods of Family Planning refer
to safe, effective and legal methods, whether the
natural, or the
artificial that are registered with the Food and Drug Administration
(FDA) of the DOH, to prevent pregnancy;
People Living with HIV (PLWH) . . .[See
full text]
Poor . . .[See
full text]
Population and Development . . .[See
full text]
16. Via
Section 2
(see Comment
1) this implies a right to access
artificial reproduction. Other parts of the bill
appear to be inconsistent with this. (See Comments 7,12,
15 and
17, 19 and 20.)
Reproductive Health
refers to the state
of complete physical, mental and social well-being and
not merely
the absence of disease or infirmity,
in all matters relating to
the
reproductive system and to its functions and processes;
17. The
"full range" includes morally controversial drugs, devices and
procedures. "Reproductive health related problems" include
infertility of opposite sex and same sex couples. Via
Section 2
(see Comment
1) this implies a right to access
artificial reproduction. Other parts of the bill
appear to be inconsistent with this. (See Comments 7,12,
15, 16, 19 and
20.)
Reproductive Health Care refers to the
access to a full range of methods, facilities, services and supplies
that contribute to reproductive health and well-being by preventing
and solving reproductive health-related problems. It also includes
sexual health, the purpose of which is the enhancement of life and
personal relations. The elements of reproductive health care include
the following:
(a) family planning information and services;
(b) maternal, infant and child health and
nutrition, including breastfeeding;
18.
Abortion is currently illegal in the Philippines.
(c) proscription of abortion and management of
abortion complications;
(d) adolescent and youth reproductive health;
(e) prevention and management of reproductive
tract infections (RTIs), HIV and AIDS and other sexually
transmittable infections (STIs);
(f) elimination of violence against women;
(g) education and counseling on sexuality and
reproductive health;
(h) treatment of breast and reproductive tract
cancers and other gynecological conditions and disorders;
(i) male responsibility and participation in
reproductive health;
19.
Re: (J)- via
Section 2
(see Comment
1) this implies a right to access
artificial reproduction. Other parts of the bill
appear to be inconsistent with this. (See Comments 7,12,
15,
16, 17 and 20.)
(j) prevention and treatment of infertility
and sexual dysfunction;
(k) reproductive health education for the
adolescents; and
(l) mental health aspect of reproductive
health care.
Reproductive Health Care Program refers
to the systematic and integrated provision of reproductive health
care to all citizens especially the poor, marginalized and those in
vulnerable and crisis situations;
20. Via
Section 2
(see Comment
1) this implies a right to access
artificial reproduction. Other parts of the bill
appear to be inconsistent with this. (See Comments 7,12,
15, 16, 17 and
19.)
Reproductive Health Rights refer to the
rights of couples, individuals and women to decide freely and
responsibly whether or not to have children;
to determine the
number, spacing and timing of their children; to make decisions
concerning reproduction free of discrimination, coercion and
violence; to have relevant information; and to attain the
highest
condition of sexual and reproductive health;
Reproductive Health and Sexuality Education
. . .[See
full text]
Reproductive Tract Infection (RTI) . . .[See
full text]
Responsible Parenthood . . .[See
full text]
Sexually Transmitted Infection (STI) . . .[See
full text]
Skilled Attendant
. . .[See
full text]
Skilled Birth Attendance . . .[See
full text]
Sustainable Human Development . . .[See
full text]
SEC. 5. Midwives for Skilled Attendance
[See
full text]
SEC. 6. Emergency Obstetric Care
[See
full text]
SEC. 7. Access to Family Planning
21. Requires all
health care facilities to provide contraceptives, potential embryocides,
abortifacients, and contraceptive sterilization. No exemption for
denominational or private facilities.
All accredited health facilities
shall provide
a full range of
modern family planning methods, except in specialty hospitals which
may render such services on an optional basis. For poor patients,
such services shall be fully covered by the Philippine Health
Insurance Corporation (PhilHealth) and/or government financial
assistance on a no balance billing.
After the use of any PhilHealth benefit involving childbirth and
all other pregnancy-related services, if the beneficiary wishes to
space or prevent her next pregnancy, PhilHealth shall pay for the
full cost of family planning.
SEC. 8. Maternal and Newborn Health Care in
Crisis Situations
[See
full text]
SEC. 9. Maternal Death Review
[See
full text]
SEC. 10. Family Planning Supplies as
Essential Medicines
22. The
National Drug Formulary is the list of drugs for which reimbursement can
be had from the National Health Insurance Program.
Products and supplies for modern family planning methods
shall be
part of the National Drug Formulary and the same
shall be included
in the regular purchase of essential medicines and supplies
of all
national and local hospitals and other government health units.
SEC. 11. Procurement and Distribution of
Family Planning Supplies
[See
full text]
SEC. 12. Integration of Responsible
Parenthood and Family Planning Component in Anti-Poverty Programs
[See
full text]
SEC. 13. Roles of Local Government in
Family Planning Programs
23. The amendment requested removes the
statutory requirement to give priority to "family planning work" but
does not preclude such a priority being assigned as a matter of policy.
The LGUs shall ensure that poor families receive preferential
access to services, commodities and programs for family planning.
The role of Population Officers at municipal, city and barangay
levels in the family planning effort shall be strengthened. The
Barangay Health Workers and volunteers shall be capacitated
to give
priority to family planning work help implement this
Act. [Amendment requested by bill sponsors]
SEC. 14. Benefits for Serious and
Life-Threatening Reproductive Health Conditions
[See
full text]
SEC. 15. Mobile Health Care Service
[See
full text] [Note:
amendment of this section requested by bill sponsors]
SEC. 16. Mandatory Age-Appropriate
Reproductive Health and Sexuality Education
[See
full text] [Note:
sponsors have requested
the following addition to this section]
- Parents
shall exercise the option of not allowing their minor children to attend
classes pertaining to Reproductive Health and Sexuality Education.
SEC. 17. Additional Duty of the Local
Population Officer
Each Local Population Officer of every city and municipality
shall furnish free instructions and information on responsible
parenthood, family planning, breastfeeding, infant nutrition and
other relevant aspects of this Act to all applicants for marriage
license. In the absence of a local Population Officer, a Family
Planning Officer under the Local Health Office shall discharge the
additional duty of the Population Officer.
SEC. 18. Certificate of Compliance
24. Only those wishing to marry must obtain
certificates of compliance. Those who wish to have non-marital
sexual relations do not.
No marriage license shall be issued by the Local Civil Registrar
unless the applicants present a Certificate of Compliance issued for
free by the local Family Planning Office certifying that they had
duly received adequate instructions and information on responsible
parenthood, family planning, breastfeeding and infant nutrition.
SEC. 19. Capability Building of Barangay
Health Workers
25. Depending upon training norms, mandatory training could
involve activities to which some workers may object for
reasons of conscience. Mere training on promotion
need not do so. Successful completion of the
training and implementation of the training at
work are not statutory conditions of
employment, but might be imposed by employers.
Barangay Health Workers and other community-based health workers
shall undergo training on the promotion of reproductive health and
shall receive at least 10% increase in honoraria, upon successful
completion of training.
SEC. 20. Ideal Family Size
[See
full text] [Sponsors
have requested that this section be deleted from the bill.]
26. The sponsors have
requested
that this section be deleted in its entirety because "this provision
is a restatement and amplification of the existing Article 134 of the
Labor Code." Section 33 of the RH Bill
will effectively expand this to include "the full range of reproductive
health care" as defined, which includes morally controversial drugs,
devices and procedures.
The Labour Code permits the government to prescribe the qualifications, criteria and conditions
of employment of health care personnel thus employed, making it possible
for it to deny employment to conscientious objectors.
It appears that the bill sponsors plan to demand that anyone employing
200 or more people must provide "the full range of reproductive health
care," with no allowance for conscientious objection even by
denominational employers. (See
Notes on Philippines
Labour Code)
The Department of Labor and Employment (DOLE) shall ensure that
employers respect the reproductive rights of workers. Consistent
with the intent of Article 134 of the Labor Code, employers with
more than two hundred (200) employees shall provide reproductive
health services to all employees in their own respective health
facilities. Those with less than two hundred (200) workers shall
enter into partnerships with hospitals, health facilities, or health
professionals in their areas for the delivery of reproductive health
services.
Employers shall furnish in writing the following information to
all employees and applicants:
. . . [
See
full text]
SEC. 22. Pro Bono Services for Indigent
Women
[See
full text]
SEC. 23. Sexual And Reproductive Health
Programs For Persons With Disabilities (PWDs)
[See
full text]
SEC. 24. Right to Reproductive Health Care
Information
27.
What the government considers "fraudulent" will determine the extent of
freedom of expression allowed to those who do not agree with its
policies. See Comment 34.
The government shall guarantee the right of any person to provide
or receive non-fraudulent information about the availability of
reproductive health care services, including family planning, and
prenatal care.
The DOH and the Philippine Information Agency (PIA) shall
initiate and sustain a heightened nationwide multi-media campaign to
raise the level of public awareness of the protection and promotion
of reproductive health and rights including family planning and
population and development.
SEC. 25. Implementing Mechanisms
Pursuant to the herein declared policy, the DOH and the Local
Health Units in cities and municipalities shall serve as the lead
agencies for the implementation of this Act and shall integrate in
their regular operations the following functions:
(a) Ensure full and efficient implementation
of the Reproductive Health Care Program;
28.
"Ensuring access" to morally controversial services,
products and procedures is likely to conflict with
freedom of conscience among health care workers.
29. The state may impose training requirements that will
exclude conscientious objectors from health care
professions.
(b) Ensure people's access to medically safe,
legal, effective, quality and affordable reproductive health
supplies and services;
(c) Ensure that reproductive health services
are delivered with a full range of supplies, facilities and
equipment and that healthcare service providers are adequately
trained for such reproductive health care delivery;
(d) Take active steps to expand the coverage
of the National Health Insurance Program (NHIP), especially among
poor and marginalized women, to include the full range of
reproductive health services and supplies as health insurance
benefits;
30. Professional regulatory authorities will be given
additional powers that may be used to restrict the
exercise of freedom of conscience and discipline or
expel health care workers who object to state policies
for reasons of conscience.
(e) Strengthen the capacities of health
regulatory agencies to ensure safe, legal, effective, quality,
accessible and affordable reproductive health services and
commodities with the concurrent strengthening and enforcement of
regulatory mandates and mechanisms;
31. No exemption for denominational facilities.
(f) Promulgate a set of minimum reproductive
health standards for public health facilities,
which shall be
included in the criteria for accreditation.
These minimum
reproductive health standards shall provide for the monitoring of
pregnant mothers, and a minimum package of reproductive health
programs that shall be available and affordable at all levels of the
public health system except in specialty hospitals where such
services are provided on optional basis;
(g) Facilitate the involvement and
participation of NGOs and the private sector in reproductive health
care service delivery and in the production, distribution and
delivery of quality reproductive health and family planning supplies
and commodities to make them accessible and affordable to ordinary
citizens;
(h) Furnish LGUs with appropriate information
and resources to keep them updated on current studies and researches
relating to responsible parenthood, family planning, breastfeeding
and infant nutrition; and
32. Provides a
general warrant for any state action.
(i) Perform such other functions necessary to
attain the purposes of this Act.
The Commission on Population (POPCOM), as an attached agency of
DOH, shall serve as the coordinating body in the implementation of
this Act and shall have the following functions:
(a) Integrate on a continuing basis the
interrelated reproductive health and population development agenda
consistent with the herein declared national policy, taking into
account regional and local concerns;
33. Authorizes coercive measures against citizens to secure "active and full
participation." See Comments 8, 32.
(b) Provide the mechanism to ensure active and
full participation of the private sector and the citizenry through
their organizations in the planning and implementation of
reproductive health care and population and development programs and
projects; and
(c) Conduct sustained and effective
information drives on sustainable human development and on all
methods of family planning to prevent unintended, unplanned and
mistimed pregnancies.
SEC. 26. Reporting Requirements
[See
full text]
SEC. 27. Congressional Oversight Committee
(COC)
[See
full text]
SEC. 28. Prohibited Acts
The following acts are prohibited:
(a) Any healthcare service provider, whether public or private,
who shall:
34. Objectors who have drawn attention to potentially
abortifacient or embryocidal effects of drugs and
devices have sometimes been accused of providing
"misinformation." Those who have refused to
facilitate procedures to which they object by offering
contact information for a service provider have been
accused of withholding information. See Comment
27.
(1) Knowingly withhold information or restrict
the dissemination thereof, or intentionally provide incorrect
information regarding programs and services on reproductive health,
including the right to informed choice and access to a full range of
legal, medically-safe and effective family planning methods;
(2) Refuse to perform legal and medically-safe
reproductive health procedures on any person of legal age on the
ground of lack of third party consent or authorization. In case of
married persons, the mutual consent of the spouses shall be
preferred. However in case of disagreement, the decision of the one
undergoing the procedure shall prevail. In the case of abused minors
where parents or other family members are the respondent, accused or
convicted perpetrators as certified by the proper prosecutorial
office or court, no prior parental consent shall be necessary; and
35.
Some health care workers decline, for reasons of conscience,
to provide contraceptives to unmarried persons or
artificial reproduction for single people and patients identifying
themselves as homosexuals, They are motivated by a wish to avoid
complicity in perceived wrongdoing, not by personal
characteristics of the patient. This section does
not protect them.
(3) Refuse to extend health care services and
information on account of the person's marital status, gender,
sexual orientation, age, religion, personal circumstances, or nature
of work; Provided, That, the conscientious objection of a
healthcare service provider based on his/her ethical or religious
beliefs shall be respected; however, the conscientious objector
shall immediately refer the person seeking such care and services to
another healthcare service provider within the same facility or one
which is conveniently accessible who is willing to provide the
requisite information and services; Provided, further,
That the person is not in an emergency condition or serious case as
defined in RA 8344 otherwise known as "An Act Penalizing the Refusal
of Hospitals and Medical Clinics to Administer Appropriate Initial
Medical Treatment and Support in Emergency and Serious Cases".
36. The
exemption is limited to a refusal for reasons set out in Section 28(3).
No exemption is permitted for moral objections to contentious
procedures or services. Further: some health care workers consider
referral to be unacceptable because it makes them morally complicit in
an act they believe to be wrong.
(b) Any public official who, personally or through a subordinate,
prohibits or restricts the delivery of legal and medically-safe
reproductive health care services, including family planning; or
forces, coerces or induces any person to use such services.
(c) Any employer or his representative who shall require an
employee or applicant, as a condition for employment or continued
employment, to undergo sterilization or use or not use any family
planning method; neither shall pregnancy be a ground for non-hiring
or termination of employment.
(d) Any person who shall falsify a certificate of compliance as
required in Section 15 of this Act; and
37. Sponsors of the bill have requested that
this subsection be deleted entirely.
(e) Any person who maliciously engages in
disinformation about the intent or provisions of this Act.
SEC. 29. Penalties
Any violation of this Act or commission of the foregoing
prohibited acts shall be penalized by imprisonment ranging from one
(1) month to six (6) months or a fine of Ten Thousand (P 10,000.00)
to Fifty Thousand Pesos (P 50,000.00) or both such fine and
imprisonment at the discretion of the competent court; Provided
That, if the offender is a public official or employee, he or she
shall suffer the accessory penalty of dismissal from the government
service and forfeiture of retirement benefits. If the offender is a
juridical person, the penalty shall be imposed upon the president or
any responsible officer. An offender who is an alien shall, after
service of sentence, be deported immediately without further
proceedings by the Bureau of Immigration.
SEC. 30. Appropriations
[See
full text]
SEC. 31. Implementing Rules and Regulations
[See
full text]
SEC. 32-34. Separability Clause, Repealing
Clause, Effectivity
SEC. 32. Separability Clause
[See
full text]
All other laws, decrees, orders, issuances, rules and regulations
which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
SEC. 34. Effectivity
[See
full text]
Article 157 of the Philippines Labour Code requires employers with
more than 50 and fewer than 200 workers to make available free medical
and dental facilities, including the service of a registered nurse if
the employer's workplace is considered hazardous. A full time
registered nurse, a part-time physician and dentist and an emergency
clinic must be provided at all workplaces that have 200 and fewer than
300 employees. When there are more than 300 employees, an employer
must provide the services of a full-time physician, full-time registered
nurse and dentist, and provide an emergency hospital with one bed for
every 100 employees. Alternatively, the employer may contract with
a nearby hospital/clinic to provide comparable service (Article 158).
The government may prescribe the qualifications, criteria and conditions
of employment of the required health care personnel (Article 160).
Article 134 (cited by the RH Bill sponsors) requires these
employer-maintained facilities to provide "free family planning
services," including "contraceptive pills and intrauterine devices."
Section 33 of the RH Bill will effectively expand this to include "the
full range of reproductive health care" as the Bill defines that term,
which includes morally controversial drugs, devices and procedures.