Republic Act No. 5527

  

REPUBLIC ACT No. 5527

AN ACT REQUIRING THE REGISTRATION OF MEDICAL TECHNOLOGISTS: DEFINING THEIR PRACTICE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

Section 1

Title

This act may also be cited as the Philippine Medical Technology Act of 1969

Section 2

Definition of Terms

As used in this Act, the following terms shall mean:

(a)   Medical Technology – an auxiliary branch of laboratory medicine which deals with the examination by various chemical, microscopic, bacteriologic and other medical laboratory procedures or technique which will aid physician in the diagnosis, study and treatment of disease and in the promotion of health in general.

(b)   Pathologist – a duly registered physician who is especially trained in methods of laboratory medicine, or the gross and microscopic study and interpretation of tissues, secretions and excretions of the human body and its functions in order to diagnose disease, follow its course, determine the effectivity of treatment, ascertain cause of death and advance medicine by means of research

(c)    Medical Technologist – a person who engages in the work of medical technology under the supervision of a pathologist or licensed physician authorized by the Department of Health in places where there is no pathologist and who having passed a prescribed course (Bachelor of Science in Medical Technology / Bachelor of Science in Hygiene) of training and examination its registered under the provision of this Act.

(d)   Medical Technician – a person who not being a graduate of Bachelor of Science in Medical Technology / Bachelor of Science in Hygiene, but having passed the corresponding civil service examination, perform the work of medical technology under the supervision of a registered medical technologist and/or qualified pathologist.

(e)   Accredited Medical Technology Training Laboratory – a clinical laboratory, office, agency, clinic, hospital or sanitarium duly approved by the Department of Health or its authorized agency.

(f)    Recognized School of Medical Technology – any school, college or university which offers a course in Medical Technology approved by the Department of Education in accordance with the requirements under this Act, upon recommendation of the council of medical technology education.

(g)   Council – the council of medical technology education established under this Act.

(h)   Board – the Board of Examiners for Medical Technology established under this Act.

Section 3

Council of Medical Technology Education, its composition

There is hereby established a council of Medical Technology Education, hereafter referred to as Council, which shall be composed of the Secretary of Education or Director of Private Education as Chairman, the Director of the Bureau of Research and Laboratories of the Department of Health as Vice Chairman and the Chairman and two members of the Board of Medical Technology, the dean of the Institute of Hygiene of the University of the Philippines, a representative of the deans or heads of the private schools of medical technology, and the Presidents of the Philippine Association of Medical Technologists and the Philippine Society of Pathologists, as members.

Section 4

Compensation and Travelling Expenses of Council Members

The Chairman and members of the Council shall be entitled to twenty five pesos per dime for every meeting actually attended. Provide, that the number of meetings authorized with a per dime shall not exceed two in a month: And provided, further, that officials receiving regular salaries from the government shall not receive per dime. In addition, the chairman and members of the council shall be entitled to travelling expenses in connection with their official duties.

Section 5

Function of the Council of Medical Technology Education

The functions of the Council shall be:

(a)   To recommend the minimum required curriculum for the course of medical technology.

(b)   To determine and prescribe the number of students to be allowed to take up the medical technology course in each school, taking into account the student–instructor ratio and the availability of facilities for instructor.

(c)    To approve medical technology schools meeting the requirements and recommend closure of those found to be substandard.

(d)   To require all medical technology schools to submit an annual report, including the total number of students and instructors, a list of facilities available for instruction, a list of their recent graduates and new admissions, on or before the month of June.

(e)   To inspect, when necessary, the different medical technology schools in the country in order to determine whether a high standard of education is maintained in said institutions.

(f)    To certify for admission into an undergraduate internship students who have satisfactorily completed three years of the medical technology course or its equivalent and to collect from said students the amount of five pesos each which money accrue to the operating fund of the council.

(g)   Formulate and recommend approval of refresher course for applicants who shall have failed the Board Examination for the third time.

(h)   To promulgate and prescribe and enforce necessary rules and regulation for the proper implementation of the foregoing functions.

Section 6

Minimum Required Course

The medical technology course shall be at least four years, including a 12–month satisfactory internship in accredited laboratories, and shall include the following subjects:

            English                                                College Physics

            Spanish                                               General Chemistry

Social Sciences                                    Qualitative Chemistry

General Zoology                                 Microbiology

Botany                                                Biostatistics

Mathematics                                      Clinical Laboratory Methods

Biochemistry

Gross Anatomy

Histology

Physiology

Clinical Parasitology

General Pathology

The council is hereby authorized, subject to the approval of the Secretary of Education to change, remove from and add to the subjects listed above as the needs and demands of progress in the science of medical technology may require.

Section 7

Board of Examiners for Medical Technology

There is hereby created a Board of Examiners for Medical Technology which shall hereafter be referred to as the Board composed of a chairman who is a pathologist appointed by the President of the Philippines form a list submitted by the Philippine Society of Pathologists and two members who are registered medical technologists appointed by the President of the Philippines from among a list submitted by the Philippine Association of Medical Technologists each one to serve a term of three years:

Provided, that the first Board to be created one member who shall act as Chairman, shall serve for three years , one member for two years and the third member for one year.

And provided further that the first members of the Board of Examiners for Medical Technology shall be issued a certificate of registration as Medical Technologist without prior examination in accordance with the provisions of this Act. No member shall be allowed more than one reappointment. The President of the Philippines shall fill the vacancy that may occur but the appointee shall serve only the unexpired term of the incapacitated member.

Section 8

Qualifications of Examiners

No person shall be appointed a member of the Board of Examiners for Medical Technology unless he or she

(1)   is a Filipino citizen;

(2)   is of good moral character;

(3)   is a qualified pathologist or duly registered medical technologist of the Philippines with the degree of Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene;

(4)   has been in the practice of laboratory medicine or medical technology for at least ten years prior to his appointment, and

(5)   is not a member of the faculty of any medical technology school, or have any pecuniary interest, direct or indirect, in such institution:

Provided, however, that for the first three years following the approval of this Act, the requirements mentioned in the number (4) shall be reduced to five years.

Section 9

Executive officer of the board

The Commissioner of Civil Service shall be the Executive Officer of the Board, and shall conduct the examinations given by it. The Secretary of the Board of Examiners appointed in accordance with section ten of Act Numbered Four Thousand Seven, as amended, shall also be the Secretary of the Board. He shall keep a register of all persons to whom certificates of registration have been granted.

Section 10

Compensation of Members of the Board of Examiners for Medical Technology

Each member of the Board shall receive a sum of ten pesos for each applicant examined and five pesos for each applicant granted a certificated of registration without examination.

Section 11

Functions and Duties of the Board

The Board is vested with the authority and required, conformably with the provision of this Act to:

(a)   Administer the provisions of this Act;

(b)   Administer oaths in connection with the administration of this Act.

(c)    Issue, suspend, and revoke certificates of registration for the practice of medical technology.

(d)   Look into condition affecting the practice of medical technology in the Philippine and, wherever necessary, adopt such measures as may be deemed proper for the maintenance of good ethics and standards in the practice of medical technology.

(e)   Investigate such violations of this Act or of the rules and regulations issued thereunder as may come to the knowledge of the Board and, for this purpose issue subpoena and subpoena duces tecum to secure appearance of witnesses and production of documents in connection with the charges presented to the Board; and

(f)    Draft such rules and regulations as may be necessary to carry out the provisions of this Act: Provided, that the same shall be issued only after the approval of the President of the Philippines

Section 12

Removal of Board Members

Any members of the Board may be removed by the President of the Philippines for neglect of duty, incompetency, malpractice or unprofessional, unethical, immoral or dishonorable conduct after having been given opportunity to defend himself in a proper administrative investigation; provided, that during the process of investigation, the President shall have the power to suspend such member under investigation and appoint a temporary member in his place.

Section 13

Accreditation of Schools of Medical Technology and of Training Laboratories

Department of Education shall approve schools of Medical Technology in accordance with the provisions of this Act. The Department of Health or its authorized agency shall upon recommendation of the Council of Medical Technology Education approved laboratories for accreditation as training laboratories for Medical Technology students or post graduate trainees upon satisfactory evidence that said laboratories possess qualified personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields: bacteriology, serology, parasitology, hematology, and biochemistry, and that the scope of activities of said laboratory offer sufficient training in said laboratory procedures.

Section 14

Inhibition against the practice of Medical Technology

No person shall practice or offer to practice medical technology as cited in this Act without having previously obtained a valid certificate of registration from the Board provided that registration shall not be required of the following:

(a)   Duly registered physician

(b)   Medical technologists in the service of the United States Armed Forces stationed in the Philippines rendering services as such for members of the said forces only.

Section 15

Examination

Except as otherwise specifically allowed under the provision of this Act, all applicants for registration as medical technologists shall be required to undergo a written examination which shall be given by the Board annually in the greater Manila area, Cebu and Davao during the month of August or September on such days and places as the Board may designate. Written notices of such examination shall be published in at least three newspapers of national circulation by the Secretary of the Board at least thirty days prior to the date of examination.

Section 16

Qualification for Examination

Every applicant for examination under this Act, shall, prior to the date thereof, furnish the Board satisfactory proof that he or she:

(a)   Is in good health and is of good moral character

(b)   Has completed a course of at least four years leading to the degrees of Bachelor of Science in Medical Technology or Bachelor of Science in Hygiene conferred by a recognized school, college or university in accordance with this Act and all other persons having graduated from other paramedical professions who are actually performing medical technology for the last five years prior to the enactment of this Act provided they meet the minimum requirements mentioned in Section Six except the one year undergraduate internship or practical training.

Section 17

Scope of examination

The examination question shall cover the following subjects with their respective relative weights:

            Clinical Chemistry                                          20%

            Microbiology and Parasitology                     20%

            Hematology                                                    20%

            Blood Banking and Serology                         20%

            Clinical Microscopy                                        10%

            Histopathologic Techniques                          10%

The Board shall prepare the schedule of subjects for examination and to submit the same to the Commissioner of the Professional Regulation Commission for publication at least thirty days before the date of examination. The Board shall compute the general average of each examinee according to the above–mentioned relative weights of each subject. Provided, however, that the Board may change, add to or remove from the list of subjects or weights above as progress in the science of Medical Technology may require, subject to the prior approval of the Professional Regulation Commission, and publication of the change or amendment at least three months prior to the date of examination in which the same is to take effect.

Section 18

Report of rating

The Board shall, within one hundred and twenty days after the date of completion of the examination, report the result thereof to the Commissioner of Civil Service, who shall submit such result to the President of the Philippines for approval.

Section 19

Rating in the examination

In order to pass the examination, a candidate must obtain a general average of at least seventy five percent in the written test, with no rating below fifty percent in any of the major subjects: Provided, that the candidate has not failed in at least sixty percent of the subjects computed according to their relative weights. No further examinations, unless and until he shall have completed 12 months refresher course in an accredited laboratory: Provided, that graduate of paramedical profession other than Bachelor of Science in Medical Technology /Bachelor of Science in Hygiene admitted to an examination under the provision of this Act shall not be given further examinations after the provisions of this Act shall be given further examinations after his failure to qualify for third time.

Section 20

Oath taking

All successful examinees shall be required to take a professional oath before the Board of before any person authorized to administer oaths prior to entering upon the practice of medical technology in the Philippines.

Section 21

Issuance of Certificate of Registration

Every applicant who has satisfactorily passed the required examination for medical technologist shall be issued a certificate of registration as such: Provided, that no such certificate shall be issued to any successful applicant who has not attained the age of twenty–one years. All certificates shall be signed by the members of the Board and by the Commissioner of the Professional Regulation Commission. The duly registered medical technologists shall be required to display his certificate of registration in the place he works. Provided, that upon application filed and the payment of the required fee of one hundred and fifteen pesos the Board shall issue a certificate of registration as medical technologist without examination to persons who have been graduated with Bachelor of Science in Medical Technology / Bachelor of Science in Public Health in duly recognized schools of medical technology in the Philippines or in any foreign country; Provided, that in case of the latter, the standard of medical technology education is substantially the same as ours, and in addition shall have been in the practice of medical technology for at least three years prior to filing of the application in laboratories in the Philippines duly accredited by the Bureau of Research and Laboratories, Department of Health or in foreign countries if such performance began prior to June 21, 1969 and also to all other persons who having graduated from other professions have been actually performing medical technology practice for the last eight years prior to filing of the application, provided, that such performance began prior to June 21, 1969. Provided, further, that the Board shall likewise issue a certificate of registration as medical laboratory technician without examination to any person who upon application and payment of the required fee of fifty pesos show evidence satisfactory to the Board that:

1. He or she passed the civil service examination for medical technician given on March 21, 1964 or

2. Has finished a two–year college course and has at least one year of experience as medical laboratory technician, provided, that for every year of deficiency in college attainment two years of experience may be substituted; provided, further, that an applicant who has at least ten years of experience as medical laboratory technician as of the date of approval of this decree regardless of his academic attainment may qualify for registration without examination

3. Has failed to pass the board examination for medical technology but had obtained a general rating of at least 70%. Provided, finally, that a registered medical laboratory technician when employed in the government shall have the equivalent civil service eligibility not lower than second grade.

Section 22

Fees

The Board shall charge each applicant for examination and registration the sum of fifty pesos and for each certificate of registration issued without prior examination in accordance with the provisions of this Act the sum of twenty–five pesos; for issuance of a new certificate to replace certificate lost, destroyed or mutilated, the Board shall charge the sum of ten pesos. All such fees shall be paid to the disbursing officer of the Civil Service Commission who shall pay from the receipts thereof, all authorized expenses of the Board including the compensation of each member.

Section 23

Refusal to issue certificate

The Board shall refuse to issue a certificate of registration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, or any person guilty of immoral or dishonorable conduct, or of unsound mind, or incurable communicable disease, and in such case shall give to the applicant a written statement setting forth the reason for its action, which statement shall be incorporated in the record of the Board.

Section 24

Administrative Investigation – Revocation or Suspension of Certificates

Administrative investigations shall be conducted by at least two members of the Board with one legal officer sitting during the investigation. The existing rules of evidence shall be observed during all administrative proceedings, the respondents shall be entitled to be represented by counsel or be heard in person, to have a speedy and public hearing to confront and cross examine witnesses against him or her, and to all other rights guaranteed by the Constitution.

The Board may, after giving proper notice and hearing to the party concerned reprimand an erring medical technologist or revoke or suspend his certificate of registration for the causes mentioned in the next preceding section or for causes mentioned in the section twenty–nine of this Act, or for unprofessional conduct, malpractice, incompetency, or serious ignorance or gross negligence in the practice of medical technology.

No penalty of revocation shall be imposed unless there is a unanimous vote of all the three members of the Board. The Board may, by majority vote, impose the penalty of reprimand or suspension, the latter however not to exceed two years.

When the penalty of suspension or revocation is imposed by the board of medical technologists shall be required to surrender his certificate of registration within thirty days after the decision becomes final, under the pain of perpetual disqualification from practice of medical technology in the Philippines for inexcusable failure to do so. The suspension shall run from the date of such surrender.

Section 25

Appeal

The revocation or suspension of a certificate made by the Board shall be subject to appeal to the Civil Service Commissioner whose decision shall become final thirty days after its promulgation, unless the respondent within the same period has appealed to the office of the President of the Philippines.

Section 26

Reinstatement, Reissue or Replacement of Certificate

The Board may, upon application and for reason deemed proper and sufficient, reissue any revoked registration certificate. The suspension of a certificate of registration shall be automatically lifted upon the expiration of the period of suspension and said certificate shall be re–issued to the medical technologist concerned upon request without prejudice to further action by the Board for violation of the provisions of this Act or conditions imposed by the Board for violation of the provisions of this Act or conditions imposed by the Board upon the medical technologist during the period of suspension.

Section 27

Foreign reciprocity

No foreigner shall be admitted to examination, or be given a certificate of registration or be entitled to any of the rights and privileges under this Act, unless the country or state of which he is a subject or a citizen permits Filipino Medical Technologists to practice within its territorial limits on the same basis as the subjects or citizens of said country or state.

See PRC Resolution No. 2012–668 (21 June 2012) & Republic Act 5181

Section 28

Roster of Medical Technologist

A roster of Medical Technologist shall be prepared annually by the Secretary of the Board, commencing on the year following that in which this Act shall become effective. This roster shall contain the name, address and citizenship of each registered Medical Technologist, date of registration or issuance of certificate, and other date which in the opinion of the Board are pertinent. The roster shall be open to public inspection, and copies thereof shall be mailed to each person included therein, placed on file in the Office of the President, furnished all Department Heads and all bureaus, offices and instrumentalities of the Department of Health and such other offices, private or governmental, and to the public upon request

Section 29

Penal provisions

Without prejudice to the provision of the Medical Act of 1969 as amended relating to illegal practice of Medicine, the following shall be punished by a fine of not less than two thousand pesos nor more than five thousand pesos or imprisonment for not less than six months nor more than two years, or both, in the discretion of the court

(a)   Any person who shall practice Medical Technology in the Philippines without being registered or exempted from registration in accordance with the provision of this Act;

(b)   Any medical technologist, even if duly registered, who shall practice medical technology in the Philippines without the necessary supervision of a qualified pathologist or physician authorized by the Department of Health

(c)    Any medical technologist who shall knowingly make a fraudulent laboratory report

(d)   Any duly registered medical technologist who shall refuse or fail, after due warning by the Board to display his certificate of registration in the place where he works;

(e)   Any person presenting or attempting to use as his own, the certificate of registration of another;

(f)    Any person who shall give any false or fraudulent evidence of any kind to the Board or any member thereof in obtaining a certificate of registration as Medical Technologist;

(g)   Any person who shall impersonate any registrant of like or the same name;

(h)   Any person who shall attempt to use a revoked or suspended certificate of registration;

(i)     Any person who shall in connection with his name or otherwise, assume, use or advertise any title or description tending to convey the impression that he is a Medical Technologist without holding a valid certificate of registration

(j)     Any person who shall violate any provision of this Act; or

(k)   Any person or corporate body who shall violate the rules and regulation of Board or orders promulgated by it after having been duly approved and issued by the President of the Philippines upon recommendation of the Commissioner of Civil Service for the purpose of carrying out the provisions of this Act.

Section 30

Separability Clause

If any provision of this Act or the application of such provision to any person or circumstances is declared invalid by a court or competent jurisdiction, the remainder of this Act or of the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 31

Repealing Clause

All Acts, executive orders, rules and regulations, or parts thereof inconsistent with the provision of this Act are hereby repealed; provided, however, that nothing in this Act shall be construed as repealing or amending any portion of the Medical Act of 1959.

Section 32

Effectivity

This Act shall take effect upon its approval

Approved, 21 June 1969