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Manila Times (07 November 2014)

[ QUEZON CITY ORDINANCE NO. SP-2270, S-2014, March 20, 2014 ]

19th City Council
20th Regular Session

AN ORDINANCE REQUIRING PUBLIC ELEMENTARY AND HIGH SCHOOLS IN QUEZON CITY, THROUGH THE SCHOOL PRINCIPAL, TO HAVE A MEDICAL AND DENTAL RECORDS OF THEIR STUDENTS, PROVIDING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES.




Introduced by Councilor CANDY A. MEDINA.

Co-Introduced by Councilors Anthony Peter D. Crisologo, Ricardo T. Belmonte, Jr., Dorothy A. Delarmente, Victor V. Ferrer, Jr., Alexis R. Herrera, Precious Hipolito Castelo, Voltaire Godofredo L Liban III, Roderick M. Paulate, Ranulfo Z. Ludovica, Estrella C. Valmocina, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Franz S. Pumaren, Eufemio C. Lagumbay, Jose Mario Don S. De Leon, Jaime F. Borres, Jesus Manuel C. Suntay, Marvin C. Rillo, Vincent DG. Belmonte, RaquelS. Malañgen, Jessica Castelo Daza, Jose A. Visaya, Julienne Alyson Rae V. Medalla, Godofredo T. Liban II, Andres Jose G. Yllana, Jr., Allan Butch T. Francisco, Kari Edgar C. Castelo, Diorella Maria G. Sotto, Marivic Co-Pilar, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castelo, Jr. and Donato C. Matias.


WHEREAS, it is the policy of the Quezon City Government to recognize the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being;

WHEREAS, the importance of medical and dental records cannot be over emphasized. These records serve as the basis for treatment and diagnosis of patients. In extreme cases, these records can be used to identify persons who are burned beyond recognition. Similarly our Labor Code, in its Implementing Rules, particularly Section 10 (b) provides that the employer shall maintain a record of all medical examinations, treatments and medical activities given to its employees.

WHEREAS, while the Division of City Schools and the City Health Department are already conducting medical and dental examinations in public elementary and high schools, still, the said schools have no concrete or accurate system of keeping track the medical and dental records of their students due to lack of personnel who shall take charge in the collection and custody of records and database center inside their premises that will serve as the repository thereof;

WHEREAS, the City Council, pursuant to the General Welfare Clause of the Local Government Code of 1991, may enact measures to ensure the best interest of the children.

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED:

Section 1. Medical and Dental Records Requirement - All public elementary and high schools in Quezon City, through the School Principal, are hereby required to have a medical and dental records of their students.

Section 2. Purpose - The purpose of maintaining the said medical and dental records is to monitor the health condition of the students and to ensure that they are provided with the necessary healthcare.

Section 3. Persons authorized to conduct medical and dental examinations - The school physician and dentist or the medical personnel from the Division of City Schools, City Health Department or those from reputable private hospitals/medical clinics may administer the required medical and dental examinations.

For the purpose of this section, "medical personnel" refers to licensed medical doctors, dentists, nurses or their aides.

Section 4. When Examination Should be Made. - Medical and dental examinations shall be conducted within the period of six (6) months after the official closing of enrollment of the concerned school.

Section 5. Examination Card - The doctor or dentist who conducted the required medical and dental examination shall submit to the school principal or his/her designated personnel/ faculty member the School Health Examination Card or School Oral Health Examination Card provided by the Department of Education (DepEd), containing the results or findings of their examination, within the period of one (1) month from the date of examination.

In case the examination is conducted by a doctor/dentist from a reputable private hospital/clinic, a medical certificate/abstract containing vital informations as to the health condition or diagnosis of the students will suffice.

Section 6. Presence of Parents/Guardian - The parents or guardian of the pupils/ students must be present at the time of conducting the medical or dental examination.

Section 7. Records Update - The results of medical and dental examinations submitted to the schools shall be updated every two (2) years from the date of issuance of the said examination card, medical certificate or medical abstract.

Section 8. Duty of the School Principal - It shall be the duty of the school principal to formulate a mechanism, designate personnel or establish a database center for the collection, safekeeping and custody of the medical and dental records. In case of lack of appropriate facility and personnel, the school principal may designate their current academic records custodian to take custody of the records.

Section 9. Implementing Office - The Division of City Schools, in coordination with the City Health Department, shall be primarily responsible in the implementation of this ordinance.

Section 10. Rules and Regulations - The Division of City Schools, in consultation with the City Legal Department, shall Issue the necessary rules and regulations for the effective implementation of this ordinance within thirty (30) days from approval hereof.

Section 11. Confidentiality of Records - The medical and dental records submitted by the students shall be treated as confidential. The records custodian, faculty member or any school personnel who divulge the said records without the consent of the parents or order from competent authority shall be held administratively liable.

Section 12. Administrative Sanction - Persons responsible for the implementation of this ordinance shall be meted with appropriate administrative sanction, after observance of due process, for non-compliance with the provisions hereof.

Section 13. Respect for Religious Beliefs - Notwithstanding the provisions of this Ordinance, no medical or dental examination shall be conducted on the students should the parents or guardian objects on the ground of established religious beliefs.

Section 14. Appropriation - The amount of One Million Pesos (Php1,000,000.00) to carry out the initial implementation of this ordinance shall be taken from the lump sum appropriation of the Office of the Mayor. Thereafter, such sums as may be necessary for the continued implementation "of this ordinance shall be included in the succeeding Annual Budget of the City.

Section 15. Separability Clause - If any provision of this ordinance is declared invalid or unconstitutional by competent authority, the remainder thereof shall continue to be in full force and effect.

Section 16. Repealing Clause - All existing ordinances, resolutions or administrative issuances found to be inconsistent with the provisions of this ordinance are hereby repealed and modified accordingly.

Section 17. Effectively Clause - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

ENACTED: February 24, 2014.

(Sgd.) MA. JOSEFINA G. BELMONTE
Vice Mayor                      
Presiding Officer
                  

ATTESTED:

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
                 City Gov't Asst. Dept. Head III

APPROVED : 20 MAR2014

(Sgd.) HERBERT M. BAUTISTA
City Mayor                

CERTIFICATION

This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on February 24, 2014 and we PASSED on Third/Final Reading on March 3, 2014.


(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
City Gov't Asst. Dept. Head III              
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