REPUBLIC ACT NO. 5527 - AN ACT
REQUIRING THE REGISTRATION OF MEDICAL TECHNOLOGISTS, DEFINING THEIR
PRACTICE, AND FOR OTHER PURPOSES
Section 1. Title. — This Act may be also cited as the
Philippine Medical Technology Act of 1969.
Sec. 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 technic which will aid the 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 specially trained in methods of laboratory medicine, of the gross
and microscopic study and interpretation of tissues, secretions and
excretions of the human body and its functions in order to diagnose
disease, follows 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 is 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, performs 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
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.
Sec. 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.
Sec. 4. Compensation and Traveling Expenses of
Council Members. — The chairman and members of the Council shall be
entitled to a twenty-five pesos per diem for every meeting actually
attended: Provided, That the number of meetings authorized with a per
diem shall not exceed two in a month: And Provided, further, That
officials receiving regular salaries from the Government shall not
receive per diem. In addition the chairman and members of the council
shall be entitled to traveling expenses in connection with their
official duties.
Sec. 5. Functions 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 instruction.
(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 regulations for the proper implementation of the foregoing
functions.
Sec. 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 Biochemistry
Spanish Gross Anatomy
Social Science Histology
General Zoology Physiology
Botany Clinical Parasitology
Mathematics General Pathology
College Physics Microbiology
General Chemistry Statistics
Qualitative Chemistry Clinical Laboratory Methods
Quantitative Chemistry including hematology,
serology, blood banking, clinical
microscopy, applied microbiology,
and parasitology, histopathologic
techniques, and cyto-technology)
The Council is hereby authorized, subject to the approval of the
Secretary of Education to change, remove from or add to the subjects
listed above as the needs and demands of progress in the science of
medical technology may require.
Sec. 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 from 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.
Sec. 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
requirement mentioned in number four (4) shall be reduced to five
years.
Sec. 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 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 certificate of registration without
examination.
SECTION 11. Functions and Duties of the Board. — The
Board is vested with authority and required, conformably, with the
provisions 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 conditions affecting the practice of
medical technology in the Philippines and, whenever 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 jurisdiction
of the Board and, for this purpose issue subpoena and subpoena duces
tecum to secure appearance of witnesses and promulgations of documents
in connection with 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 member 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 approve laboratories for accreditation as training
laboratories for Medical Technology students or postgraduate trainees
upon satisfactory evidence that said laboratories possess qualified
personnel and 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 defined 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 physicians.
(b) Medical technologists from other countries called
in for consultation or as visiting or exchange professors to colleges
or universities: Provided, That they are only practicing the said
function.
(c) 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 provisions 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 exceeding one year undergraduate internship or
practical training.
SECTION 17. Scope of Coverage & 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 (Urinalysis and other
body fluids) 10%
Histopathologic Technique 10%
The Board shall prepare the schedule of subjects for examination and to
submit the same to the Commissioner of Civil Service for publication at
least four months before the date of examination. The Board shall
compute the general average of each examinee according to the
abovementioned relative weights of the subjects: 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 council.
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. Ratings in the Examination. — In order to
pass the examination, a candidate must obtain a general average of at
least seventy-five per cent in the written test, with no rating below
fifty per cent in any of the major subjects: Provided, That the
candidate has not failed in at least sixty per cent of the subjects
computed according to their relative weights. No further examination
will be given an applicant who has not qualified after three
examinations, unless and until he shall have completed 12 months
refresher course in an accredited medical technology school or 12-month
postgraduate training in an accredited laboratory:
Provided, That graduate of paramedical professions other than Bachelor
of Science in Medical Technology/Bachelor of Science in Hygiene
admitted to an examination under the provisions of this Act shall not
be given further examinations after his failure to qualify for the
third time.
Sec. 20. Oath taking. — All successful examinees
shall be required to take a professional oath before the Board or
before any person authorized to administer oaths prior to entering upon
the practice of medical technology in the Philippines.
Sec. 21. Issuance of Certificate of Registration.
— Every applicant who has satisfactorily passed the required
examination, shall be issued a certificate of registration as Medical
Technologist: 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 all the members of the Board and
attested by its Secretary. The duly registered medical technologist
shall be required to display his certificate of registration in the
place where he works. Upon application filed after the approval of this
Act not later than ninety days after the Board shall have been fully
constituted, the Board shall issue a certificate of registration
without examination to persons who have been graduated with a Bachelor
of Science in Hygiene and/or Bachelor of Science in Medical Technology
in duly recognized schools of medical technology in the Philippines or
foreign countries who have been in the practice of medical technology
for at least three years at the time of the passage of this Act in
laboratories in the Philippines or in foreign countries duly accredited
by the Bureau of Research and Laboratories, Department of Health, and
also to all other persons having graduated from other paramedical
professions who are already civil service eligible by authority of the
other Boards of profession and who are actually performing medical
technology practice for the last five years prior to the enactment of
this Act.
Sec. 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.
Sec. 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 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.
Sec. 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 enumerated in section twenty-nine (29)
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
the medical technologist shall be required to surrender his certificate
of registration within thirty days after the decision becomes final,
under the pain of perpetual disqualification from the practice of
medical technology in the Philippines for inexcusable failure to do so.
The suspension shall run from the date of such surrender.
Sec. 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.
Sec. 26. Reinstatement, Reissue or Replacement of
Certificates. — 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 actions 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.
Sec. 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 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.
Sec. 28. Roster of Medical Technologists. — (a) A
roster of Medical Technologists shall be prepared annually by the
Secretary of the Board, commencing on the year following that in which
the Act shall become effective. The roster shall contain the
name, address and citizenship of each registered Medical Technologist,
date of registration or issuance of certificate, and other data 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 agencies, offices and
instrumentalities of the Department of Health and to such other
offices, private or governmental, and to the public upon request.
(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 or 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 member thereof in
obtaining as certificate of registration a 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 regulations 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.
Sec. 29. Penal Provisions. — Without prejudice to
the provision of the Medical Act of 1959 as amended, pertaining 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 provisions of the 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 made
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
device of any kind to the Board of any member thereof obtaining a
certificate of registration as Medical Technologist;
(g) Any person who shall impersonate any registrant
of a fake 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
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 regulations 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.
Sec. 30. Separability Clause. — If any provision
of this Act or the application of such provision to any person or
circumstance is declared invalid by a court of 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.
Sec. 31. Repealing Clause. — All Acts, executive
orders, rules and regulations, or parts thereof inconsistent with the
provisions 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 (R.A. 2382, as amended by R.A.
4224), the Clinical Laboratory Act of 1966 (R.A. 4688), and the Blood
Banking Law of 1956 (R.A. 1517).
Sec. 32. Effectivity. — This Act shall take effect
upon its approval.
Approved: June 21,
1969
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