FEB.

16, 2014

NR # 3379

House approves mandatory pregnancy test before cosmetic surgery

The House of Representatives has approved on third and final reading a measure institutionalizing the mandatory pregnancy testing of all women of childbearing age who will undergo cosmetic surgery. Rep. Susan Yap (2nd istrict! Tarlac" said House #ill $%& aims to protect the well being of the mother and to prevent the unborn from the harmful effects that cosmetic surgery may cause. Yap said the measure re'uires all cosmetic surgery practitioners to sub(ect women of childbearing age! who will undergo cosmetic surgery procedure to a mandatory pregnancy testing to be administered by a medical practitioner who is capable of determining accurate pregnancy testing. )*n lay terms or in a manner that the patient can give an informed or intelligent consent to the procedure! the cosmetic surgery practitioner is re'uired to disclose all available choices! precise and potential dangers associated with cosmetic surgery and the possible ris+s of undergoing such procedure when a woman is pregnant!, said Yap! who is the principal author of the bill. )-omen who have been found to be infertile or incapable to reproduce based on ob(ective criteria are e.empted from the conduct of pregnancy testing!, Yap added. Rep. /ufranio /riguel! chairman of the House 0ommittee on Health and co1author of the measure! said the proposed 2ct also provides for a graduated penalty for the offender! natural or (uridical person. Some of the offenses punishable under the proposed 2ct are failure of the cosmetic surgery practitioner to inform the patient of the potential dangers of the procedures! performing surgery without the re'uired pregnancy test! and performing cosmetic surgery procedures on any woman who has been positively found to be pregnant even when there is full disclosure or a signed waiver of the right to sue over a denied and undetected pregnancy on the part of the woman. 3irst time offenders shall be penalized with a reprimand to be officially recorded in the appropriate boo+s of the 4rofessional Regulation 0ommission (4R0" and the 4hilippine 5edical 2ssociation (452". 4enalty for the second offense shall not to e.ceed 467!7778 427!777 and suspension of license to practice the profession for %7 days for third time offenders8 and 4$7!777 and suspension of license to practice the profession for one year for fourth and subse'uent

offenders. *n case the offense results in the death of the mother or miscarriage of the unborn! the offender shall be penalized with a fine of not less than 4$7!777 but not more than 497!777 and the suspension of the license to practice the profession for not less than two years but not to e.ceed five years at the discretion of the court. *f the offender is affiliated or connected to any firm! partnership! or other (uridical entity offering e.pertise in a broad range of cosmetic services wherein the procedure was performed within its premises! such entity shall be penalized also. 3or the first conviction! the penalty shall not e.ceed 427!7778 with a 4$7!777 fine for second and third convictions and! a 497!777 fine! and a three1month suspension of business permit and its license to operate for fourth and subse'uent convictions! all at the discretion of the court. 3urther! the penalties imposed under this proposed 2ct shall be without pre(udice to other penalties imposable under the Revised 4enal 0ode and other applicable laws. The bill further mandates the epartment of Health to promulgate and issue the necessary rules and regulations for effective implementation. ($7" jsc