ON MANDATORY REPORTING OF NOTIFIABLE DISEASES

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Published — January 7, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

More on notifiable diseases aside from mandatory reporting: ON NOTIFIABLE DISEASES

• There is an obligation to report to the Department of Health (DOH) any health events of public concerns

• Health event of public concern refers to either a public health emergency or a public health threat

• Any information obtained is protected under the Data Privacy Act

Mandatory reporting refers to the obligatory reporting to the Department of Health Epidemiology Bureau (EB) or their local counter parts, as required for notifiable diseases, epidemics or health events of public health concern.

What is health event of public health concern?

The law says:

Health event of public concern refers to either a public health emergency or a public health threat due to biological, chemical, radio-nuclear, and environmental agents.  Public health emergency is an occurrence or imminent threat of an illness or health condition that, first, it is caused by any of the following:

1. Bioterrorism;
2. Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;
3. A natural disaster;
4. A chemical attack or accidental release;
5. A nuclear attack or accident; or
6. An attack or accidental release of radioactive materials.

Second, the above causes pose a high probability of any of the following:

1. A large number of deaths in the affected population;
2. A large number of serious injuries or long-term disabilities in the affected population;
3. Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population;
4. International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of other countries; or
5. Trade and travel restrictions.

On the other hand, public health threat refers to any situation or factor that may represent a danger to the health of the people.

In our previous article, we wrote about the categories of notifiable diseases and that they are to be reported to the public authorities either within 24 hours from detection or every Friday of the week depending on the category of the said disease.

The reporting of the notifiable disease is made mandatory by Republic Act No. 11332 otherwise known as the Mandatory Reporting of Notifiable Diseases and Health Events of Public health Concern Act.  For notifiable diseases and health events of public health concern, patients are obliged to provide complete and accurate data required to the interviewer at the point of first contract prior to availing of health care services. In emergency cases, the next of kin shall provide the necessary data while the patient is being treated.

Is there a minimum data required for mandatory reporting?

The law says:

Yes.

The necessary data for collection are the following:

1. Name of the disease reporting unit;
2. Name of the interviewer at first point of contact;
3. Name of the person subject of the interview;
4. Age;
5. Sex;
6. Civil Status;
7. Date of Birth;
8. Permanent and current residential address (from the smallest identifiable geographical unit such as street, purok or barangay;
9. Date of onset of illness or symptoms; and
10. Contact details such as mobile or landline phone number, or email address.

In addition to the above-mentioned details, the reporting entities must, as far as practicable, likewise obtain the following data:

1. History of travel in the last thirty (30) days; and
2. Other health conditions such as comorbidities, medical history, last menstrual period if applicable, among others.

Do understand that the aforementioned details are crucial and indispensable for the formulation of the appropriate policies and disease response activities. Hence, health professionals conducting the interview at point of contact shall obtain such details by assuring the patient or potential patient that the information sought to be obtained is being processed in accordance with the Data Privacy Act.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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