To all TOC to Doc patients.
In line with the government’s enhanced community quarantine and lockdown, as well as to ease the pressure of hospital admittance – CGHMC doctors have volunteered to provide free medical consultation services within the confines of our homes using teleconference/teleconsulting service. This arrangement has limitations on certain information that can be gathered upon which medical diagnosis and treatment will be based.
Therefore, our doctors’ consults and advise will solely be dependent on the actual and available information provided to them. Any information withheld, the lack of a personal physical examination and other underlying medical conditions that are beyond the reach and/or control of a teleconsulting doctor shall not be part of their responsibility.
Teleconsulting shall cover the following services:
1. Technology-based consultations either using email, mobile or landline phones, social media and other teleconferencing platforms facilitated through TOC to Doc.
2. Facilitation of E-Prescriptions following FDA and PDEA Guidelines on prescribing during the ECQ shall be followed.
To protect our doctors, the following shall be observed upon availment of the free medical teleconsultation/teleconference;
1. The patient is giving his/her express consent to share personal health information to the doctor during this engagement.
2. The patient is required to give accurate and truthful personal information to the doctor, upon the initial request for consultation and during the teleconsultation proper. The doctor to whom personal information is given shall be bound by the rule of doctor-patient confidentiality and the provisions of RA 10173 or the Data Privacy Act of 2012 regarding unauthorized disclosure of any information he received during teleconsultation/teleconference.
However, the doctor may lawfully process the personal data of the patient under Rule V, Sec. 21 of the Data Privacy Act ….
“RULE V. LAWFUL PROCESSING OF PERSONAL DATA
Section 21. Criteria for Lawful Processing of Personal Information.
Processing of personal information is allowed unless prohibited by law when any of the following conditions is present;
“a. The data subject must have given his or her consent before the collection, or as soon as practicable and reasonable;”…
“d. The processing is necessary to protect vitally important interests of the data subject, including his or her life and health;”
“ Section 22. Sensitive Personal Information and Privileged Information.
The processing of sensitive personal and privileged information is prohibited, except in any of the following cases: a.) Consent is given by data subject, or by the parties to the exchange of privileged information, before the processing of the sensitive personal information or privileged information, which shall be undertaken under a declared, specified, and legitimate purpose;
e. The processing is necessary for the purpose of medical treatment: Provided, that it is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal data is ensured;….”
3. In the interest of an accurate medical assessment and appropriate management, the patient is encouraged to be truthful about his/her medical information, history and condition. The teleconsultation/teleconference is strictly governed by the provisions of Republic Act 11332 “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act”, which prohibits among other things;
“..in Section No. 9;
(d) Non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern; and
(e) Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern.”
Violation or failure of the patient to disclose information covered by this act shall subject the patient to the penalties provided under the law.
4. The patient is also prohibited from recording of any kind – the online conversation during and after the consultation and sharing the information of the consult to a third party or on social media under the provisions of the Data Privacy Act without the express consent of the doctor.
5. The patient is prohibited from posting any negative, malicious or discriminatory comment, information or personal observation regarding the doctor or doctors who attended to him/her during the teleconsultation, the opinion or views of the doctor, or the doctors clinical or medical assessment of the patients’ condition or making public any information or material that is covered under the principle of confidentiality of information between the doctor and the patient.
6. The doctor has a right to refuse to accept the request/referral for teleconsultation or to stop an ongoing teleconsultation at any time during the process if the doctor feels that the patient does not respect his professional capabilities, or make disparaging remarks about his personal or professional qualifications, or his medical assessment or evaluation of the patients’ condition.
7. All patient data shall be kept for a maximum period of one year only and shall be stored, handled and disposed of observing all the necessary measures to ensure the utmost protection and privacy of such data while in the possession of the doctor and the hospital database system.
Right of the Patient:
1. CULTURAL RESPECT AND CULTURAL SAFETY
In the use of teleconsultation and online video consultation, the patient shall have the right to be accorded cultural respect and safety and the doctors must be aware of and respect the patient’s cultural heritage, beliefs and preferred methods of care and/or assistance.