1. Consent. The consent shall conform to the requirements of an informed consent which are competence, amount and accuracy of information, patient understanding and voluntariness. The following are the characteristics of a valid informed consent:

a.) Competence- Sound mind, at least 18 years old, and not under the influence of drugs or liquor;

b.)Amount and Accuracy of Information- Relevant factual data about a procedure and/or treatments, its benefits, risks, and possible complications or outcomes;

c.)Patient Understanding- Education, language or dialect;

d.) Voluntariness- Make an autonomous decision without force or intimidation, and understands that he/she can withdraw consent anytime without consequence.

1.1. For Persons with Disabilities (PWDs). Use of appropriate means of communication such as verbal or sign language.

1.2. Persons to Obtain Consent. Consent shall be obtained by a duly authorized staff who shall be responsible for the orientation of the patients regarding PHIE implementation and validation of patient information.

1.3. Persons to Give Consent. The following persons are authorized to give consent:

a.) Patient of legal age and of sound mind;
b.) Immediate relatives within 3rd degree of consanguinity based on hierarchy;

c.) Cohabitant partner for a minimum of 1 year or identified guardian;
d.) Persons with special power of attorney;
e.) For minor patients, the consent shall be given by either parents if legally married;
f.) Social worker;
g.) Attending physician.

1.4. When to get consent. Upon order of discharge/ prior to discharge from the health facility.

1.5. The Consent Form. The standard “Consent for Participation to PHIE” shall be used by participating health care providers.

1.6. Valid formats of consent. The consent can either be in written and/or electronic form that is signed by the patient, guardian, or legal representative. Once the consenting patient is incapable to imprint his signature, a finger print, thumb mark, electronic signature, biometrics may be considered but must be witnessed by a person of legal age.

1.7. Revocation and Reinstating Consent. When an unconscious patient becomes able (becomes conscious and is of legal age), he/she may revoke the consent previously given by their authorized representative.

1.8. Exemptions for Consent For national security purpose, the following situations do not need consent for information to be processed in the PHIE provided that these are not in conflict with other existing laws:

a.) Republic Act 3573: Law of Reporting Communicable Diseases;
b.) Administrative Order No. 2008-0009: Adopting the Revised List of Notifiable Diseases, Syndromes, Health-Related Events and Conditions;
c.) Public health emergency and international concerns.

—- References:
* Department of Health, NCHFD. (2010). Hospital Health Information Management Manual 3rd Edition, Manila, PH: Department of Health
* Hosek S., Straus S. (2013). Patient Privacy, Consent and Identity Management in Health Information Exchange. Issues for the Military Health System. Santa Monica, CA: RAND Corporation.
##See Also * Consent Form * Privacy Set of Rules (SOR)