Muslim Patient Rights in Healthcare Act

Credito TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 JUL 15 A11:22 First Regular Session SENATE RECEN 2S S. No. - Introduced by Senator Robinhood Padilla AN ACT MANDATING ALL PUBLIC AND PRIVATE HOSPITALS TO OBSERVE, RESPECT AND ACCOMMODATE THE RELIGIOUS BELIEFS, PRACTICES, AND CUSTOMS OF MUSLIM PATIENTS IN THE DELIVERY OF HEALTHCARE SERVICES AND FOR OTHER PURPOSES EXPLANATORY NOTE The free exercise of religion, without discrimination or preference, is enshrined in no less than the Constitution, the supreme law of the land. In the Philippines, 2020 Philippine Statistics Authority data shows that there are ten (10) religions that most Filipinos are affiliated with. 78.8% of Filipinos are Roman Catholic, the most predominant religion in the country, followed by 6.4% who are Muslim. Islam, as a religion and way of life, has distinct beliefs and customs with regard to dietary requirements, clothing, prayer, gender interaction, modesty, and even death - factors that significantly affect their healthcare needs. As such, this bill seeks to guide healthcare institutions in adopting protocols that ensure religious and cultural sensitivity, and respectful treatment of Muslim patients. This representation hopes that this measure can pave the way for healthcare institutions to ensure responsive, humane, and respectful consideration of the diverse cultural and religious needs of our citizens as the lack of awareness or institutional mechanisms to accommodate these considerations lead to discrimination, distress, and denial of culturally appropriate care.

In view of the foregoing, the passage of this measure is earnestly sought. ROBINHOOD PADILLA Senator f

ChicottE TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 JUL 15 A11:22 First Regular Session SENATE RECEI S. No. 615 Introduced by Senator Robinhood Padilla AN ACT MANDATING ALL PUBLIC AND PRIVATE HOSPITALS TO OBSERVE, RESPECT AND ACCOMMODATE THE RELIGIOUS BELIEFS, PRACTICES, AND CUSTOMS OF MUSLIM PATIENTS IN THE DELIVERY OF HEALTHCARE SERVICES AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. — This Act shall be known as the "Muslim Patient Rights in

Healthcare Act."

Sec. 2. Declaration of Policy. - The State recognizes the religious diversity of

the Filipino people and the constitutional right to free exercise of religion. To this end and in keeping with the mandate to respect and protect the dignity, culture, and beliefs of the Muslim Filipinos, the State shall ensure that healthcare delivery in all public and private hospitals includes respectful accommodation of Islamic religious practices and sensitivities.

Sec. 3. Definition of Terms. — For the purposes of this Act, the following terms

shall be defined as: a. Muslim patient - refers to any individual who identifies as a follower of Islam and adheres to its religious beliefs and practices; b. Islamic Religious Practices - refers to customs and obligations observed by Muslims, including but not limited to: prayers, modesty requirements,

halal dietary rules, fasting (e.g., during Ramadan), and Islamic burial rites; and c. Culturally and Religiously Appropriate Care - refers to medical care delivered with due regard to the religious and cultural values of Muslim patients, without compromising medical safety or public health standards.

Sec. 4. Mandatory Religious and Cultural Accommodation. — All hospitals and

healthcare providers shall, observe, respect and accommodate the following practices for Muslim patients: a. Halal meals - provision of halal food or the option to bring halal meals from outside sources; b. Prayer time and facilities - respect obligatory prayers (salah) and provision of a quiet and clean prayer area when possible; c. Gender-sensitive care - assignment of same-gender healthcare professionals for physical examinations, treatments, or intimate care, unless in cases of emergency or when not medically feasible; d. Modesty in care - use of appropriate draping and preservation of bodily privacy in line with Islamic modesty standards; e. Respect for fasting - reasonable adjustments in the scheduling of medication or procedures during period of fasting, when medically permissible; and f. Islamic End-of-Life Rites - recognition of Muslim burial customs including immediate release of remains within twenty-four (24) hours, facilitation of janazah or funeral prayer, and coordination with family and religious authorities, in accordance with Republic Act No. 12160 or the Philippine Islamic Burial Act: Provided, That these accommodations shall not jeopardize the health or safety of the patient or others in cases when there is an urgent and overriding medical emergency: Provided, further,

That these accommodations do not conflict with existing laws or ethical standards.

Sec. 5. Hospital Protocols and Capacity-building. - All hospitals and healthcare

providers shall: a. Include Islamic cultural and religious sensitivity in staff training programs, b. Designate a Muslim Patient focal person, in coordination and cooperation with the National Commission on Muslim Filipinos (NCMF); and c. Establish internal protocols aligned with this Act, without violating public health and hospital safety policies.

Sec. 6. Monitoring and Evaluation of Compliance. - The Department of Health

(DOH), in consultation with NCMF, shall monitor and evaluate the compliance of hospitals and healthcare institutions through periodic assessments.

Sec. 7. Penalties. - Any hospital or healthcare institution violating the

provisions of this Act shall be punished by imprisonment of not less than one (1) month, but not more than six (6) months, or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than One hundred thousand pesos (P100,000.00), 18 or both, at the discretion of the court.

Sec. 8. Implementing Rules and Regulations - Within one hundred twenty

(120) days from the effectivity of this Act, the DOH and NCMF shall promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 9. Separability Clause. - If any part, section or provision of this Act is

declared invalid or unconstitutional, the sections or provisions which are not affected shall remain valid and subsisting.

Sec. 10. Repealing Clause. - All laws, decrees, ordinances, rules, regulations,

other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 11. Effectivity. - This Act shall take effect fifteen (15) days following its

complete publication in a newspaper of general circulation. Approved,