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PRESIDENTIAL DECREE NO. 1286
PRESIDENTIAL DECREE NO. 1286 -
REGULATING THE PRACTICE OF NUTRITION AND DIETETICS IN THE PHILIPPINES,
AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
Republic Act No. 2674, an Act to regulate the practice of dietetics in
the Philippines took effect on June 18, 1960;chanroblesvirtualawlibrary
WHEREAS, since the effectivity of said Act, significant changes have
evolved along the delivery of nutritional services in hospitals and
other health care institutions; and
WHEREAS, the provisions of Republic Act No. 2674 regulating merely as
it does the practice of dietetics proved inadequate to meet the fast
changing needs of promoting the nutritional well-being of individuals
and groups within the framework of community life, hence, there is an
imperative need to regulate not only the practice of dietetics but also
that of nutrition.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in my by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Title of Decree. — This Decree shall be
known and cited as the "Nutrition and Dietetics Decree of 1977.
Section 2. Definitions. — The following definitions,
unless the context otherwise requires, shall govern in the application
and construction of this Decree: chanroblesvirtualawlibrary
(a) Board — The Board of Nutrition and Dietetics.
(b) Commission — The Professional Regulation
Commission created under Presidential Decree No. 223.
(c) Nutrition — The science of foods, the nutrients
and other substances therein, their action, interaction, and balance in
relation to health and disease and the process by which the organism
ingests, digests, absorbs, transports, utilizes and excretes food
substances. In addition, nutrition must be concerned with certain
social, economic, cultural and psychological implications of food and
eating.
(d) Dietetics — refers primarily to the therapeutic
and food service aspects of the delivery of nutritional services in
hospitals and other health care institutions.
(e) Nutritionist — dietitian — A person who is
qualified to practice nutrition and dietetics as provided for under
this Decree.
Section 3. Creation and Composition of the Board. —
There is hereby created a Board of Nutrition and Dietetics, herein
referred to as the Board under the Commission. It shall be composed of
a Chairman and two members, all to be appointed by the President of the
Philippines upon the recommendation of the Commission from among
nutritionists-dietitians of recognized standing in the Philippines
nominated by the accredited professional organization of
nutritionist-dietitians in the Philippines, and who, at the time of
their appointment, shall:cralaw:red
a) be a citizen and resident of the Philippines;chanroblesvirtualawlibrary
b) be at least thirty (30) years of age, and of good
moral character; chanroblesvirtualawlibrary
c) be a holder of a bachelor's, masters or doctorate
degree conferred by a reputable and legally constituted school,
college, or university with nutrition, dietetics community nutrition or
Public Nutrition as their major field of study;chanroblesvirtualawlibrary
d) have at least five (5) years experience in the
field of nutrition and dietetics, immediately prior to his
appointment; chanroblesvirtualawlibrary
e) be a registered nutritionist-dietitian except the
members of first Board who should be registered dietitians;chanroblesvirtualawlibrary
f) not be a member of the faculty of any school,
college, or university, conferring a bachelor's degree with nutrition,
dietetics or community nutrition as a major study at the time of
appointment nor during the year immediately preceding appointment as
member of the Board. Neither should she have any direct or indirect
pecuniary interest in such institutions.
Section 4. Powers and Duties of the Board. — The
Board is vested with authority conformably with the provisions of this
Decree, to:cralaw:red
a) Administer the provisions of this Decree;chanroblesvirtualawlibrary
b) Administer oaths in connection with the
administration of this Decree;chanroblesvirtualawlibrary
c) Issue, suspend and revoke certificates of
registration for the practice of nutrition and dietetics;chanroblesvirtualawlibrary
d) Look from time to time, into the conditions
affecting the practice of the profession in the Philippines, and
whenever necessary adopt such measures as may be deemed proper for the
maintenance of high standards of professional practice. Approval of
licenses for hospitals by the Bureau of Medical Services shall be
subject to recommendation of the Board on the complete facilities and
dietetics staffing of said hospitals;chanroblesvirtualawlibrary
e) Approve hospitals, institutions or agencies where
practical training could be given;chanroblesvirtualawlibrary
f) Investigate such violations of this Decree of the
regulations issued thereunder as may come to the knowledge of the Board
and, for this purpose, issue subpoena duces tecum to secure the
attendance of witnesses and production of documents in connection with
the charges presented to the Board;chanroblesvirtualawlibrary
g) Establish and administer a code of ethics and fair
practice for nutritionist-dietitians in the Philippines;chanroblesvirtualawlibrary
h) Subject to the approval of the Commission,
promulgate such rules and regulations as may be necessary to carry out
the provisions of this Decree.
Section 5. Refusal to Issue a Certificate in Certain
Cases. — 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 suffering from
incurable infectious disease and in such case the Board 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. chanroblesvirtualawlibrary
Section 6. Revocation and Suspension of Certificates.
— The Board may after giving proper notice and hearing to the party
concerned, revoke or suspend a certificate of registration for any of
the causes mentioned in the next preceding paragraph, or for
unprofessional conduct, malpractice, incompetency or serious ignorance
or malicious negligence in the practice of nutrition and dietetics; or
for making use of fraud, deceit, or false statement to obtain a
certificate of registration; or for habitual use of intoxicating drink,
drugs or medicines causing him to become incompetent to practice
nutrition and dietetics; or for the employment of a person who is not
qualified to do the work that under this Decree can be done only by
persons who have certificates of resignation to practice nutrition and
dietetics in the Philippines.
Section 7. Appeal from Judgment. — The decision of
the Board shall become final after thirty days from the date of
promulgation unless within said period any interested party has
perfected an appeal to the Commission whose decision shall be final,
subject to the usual appeal to the Office of the President. chanroblesvirtualawlibrary
Section 8. Reinstatement and Replacement of
Certificates. — The Board may, upon application and for reasons deemed
proper and sufficient, issue another registration certificate in lieu
of one previously revoked, and in so doing, it may in its discretion,
exempt the applicants from taking another examination. A new
certificate to replace any certificate lost, destroyed or mutilated may
be issued subject to the applicable law and rules of the Board.
Section 9. Term of Office. — The members of the Board
shall hold office for a term of three years after appointment or until
the successor shall have been appointed and duly qualified but not to
exceed two terms or six years. Interim vacancies in the Board shall be
filled for the unexpired term only.
Section 10. The Commission and All Records of the
Board. — The Commission shall conduct the examinations given by the
Board according to the rules and regulations promulgated by the former.
All records of the Board, including examination papers, minutes of
deliberations, and records of administrative proceedings and
investigations shall kept by the Commission.
Section 11. Compensation of the Board. — The members
of the Board shall each receive as compensation the sum of fifteen (15)
pesos for each applicant examined but shall not less than three
thousand six hundred (P3,600) pesos per annum nor more than twenty four
thousand (P24,000) pesos per annum as provided for in Republic Act Four
Hundred Sixty Five, as amended. Any nutritionist-dietitian in the
service of the government of the Philippines appointed as member of the
Board shall receive the compensation herein provided in addition to his
salary.
Section 12. Removal of Board Members. — The President
of the Philippines upon recommendation of the Commission may suspend or
remove any member of the Board for neglect of duty, incompetence,
commission or tolerance or irregularities in the examinations,
malpractice, or unprofessional, unethical, immoral or dishonorable
conduct, after having given the member concerned an opportunity to be
heard and/or to defend himself in a proper administrative
investigation: Provided, That during the investigation, the President
shall have the power to suspend such member under investigation and
appoint a temporary member in his place. chanroblesvirtualawlibrary
Section 13. Publication in the Official Gazette. —
All rules, regulations and code of ethics promulgated by the Board
under the provisions of this Decree shall be published in the Official
Gazette, and shall be effective fifteen days after publication therein.
Section 14. Annual Report. — The Board shall submit
an annual report to the Commission after the close of each fiscal year,
giving a detailed account of the proceedings of the Board during the
year and embodying such recommendations as the Board may desire to make.
Section 15. Practice of Nutrition and Dietetics. — No
person shall offer himself in the Philippines as, or use the title
"Nutritionist-dietitian" or any word, letter, figure, or sign
whatsoever, tending to convey the impression that he or she is a
nutritionist-dietitians, or advertise or indicate in any manner that he
or she is qualified to perform the work of a nutritionist-dietitian
without holding a valid certificate or registration as issued by the
Board in accordance with this Decree, unless exempt from registration
as provided under Section 11 hereof.
Section 16. Registration — Certificates of
Registrations. — A certificate of registration for
nutritionist-dietitian shall be issued to any applicant who passes the
examination hereinafter provided upon payment of the required fees:
Provided, That the first Board may issue within a period not exceeding
two years from the composition of said Board, a certificate of
registration as nutritionist-dietitian, without the necessity of
undergoing the examinations herein prescribed to applicants who are
dietitians registered in accordance with Republic Act Numbered Two
Thousand Six Hundred Seventy Four, and to any person who has passed the
civil service examinations for nutritionist given prior to the
effectivity of this Decree provided that he or she is a holder of a
Bachelor, Masters or Doctorate degree in Foods and Nutrition or
Nutrition and Dietetics or Community Nutrition or Community Nutrition
or Institutional Management, or Public Health Nutrition: Provided, That
holders of Doctor of Philosophy in Nutrition and Dietetics, Community
Nutrition, Public Health Nutrition, or Institutional Management with at
least 3 years practice in the Philippines shall be allowed to register
without examination. chanroblesvirtualawlibrary
Every certificate of registration shall show the full name of the
registrant with a serial number, and shall be signed by all the members
of the Board and the Chairman of the Commission and duly authenticated
by the Official seal of the Board.
The certificate of registration issued by the Board to the registrant
shall be evidenced that the person named therein is entitled to the
rights and privileges of a registered nutritionist-dietitian while said
certificate remains in force.
Section 17. Board Examinations. — Except as otherwise
specifically provided herein, all applicants for registration as
nutritionist-dietitian shall undergo the required technical
examinations in accordance with this Decree.
Section 18. Qualifications for Admission. — In order
to be admitted to the examinations for nutritionist-dietitians, an
applicant must, at the time of filing his or her application, establish
to the satisfaction of the Board that:cralaw:red
a) He or she is a good citizen of the
Philippines; chanroblesvirtualawlibrary
b) He or she is at least twenty years of age, in good
health and is of good moral character;chanroblesvirtualawlibrary
c) He or she had finished a standard academic high
school course or its equivalent in a school, college or university
legally established and duly recognized by the government;chanroblesvirtualawlibrary
d) He or she is a holder of a bachelor's degree
conferred by a reputable and legally constituted school, college or
university with nutrition, dietetics or community nutrition as a major
study;chanroblesvirtualawlibrary
e) He or she has completed the required practical
training as may be prescribed by the Board; Provided, That within three
after approval of this decree, graduates of Nutrition and Dietetics who
have undergone dietetic internship may be admitted to the Board.
Section 19. Schedule of Examinations. — Examinations
for candidates desiring to practice nutrition and dietetics in the
Philippines shall be given by the Board in the place or places and on
dates to be determined and fixed by the Commission.
Section 20. Scope of Examinations. — The examinations
for the practice of nutrition and dietetics in the Philippines shall
consist of written tests which shall cover such subjects as the Board
may prescribe.
Section 21. Ratings in the Examinations. — To pass
the examinations, a candidate must obtain an average of seventy per
cent, with no rating below fifty per cent in any subject: Provided,
That an applicant who fails to obtain a passing average but who
obtained at least seventy per cent in each of at least one-half of the
total subject given in the examinations, may be permitted to take
within one (1) year from the date of his examination, another
examination, on the subjects in which he obtained a grade below seventy
percent. Should the examinee fail in the set of subjects repeated in
the second examinations, he shall be required to take all the subjects
in the next examinations.
Section 22. Report of Results of Examinations. —
Within one hundred twenty (120) days after the examinations, the Board
shall report the result thereof to the Commission for approval.
Section 23. Fees for Examinations and Registration. —
Every applicant for examinations and registration, including
registration without examination as nutritionist-dietitian shall pay
the fees prescribed under Republic Act Numbered Four Hundred Sixty
Five, as amended.
All fees shall be paid to the collecting officer of the Commission who
shall pay form the receipt thereof all the authorization fee shall be
refunded to the applicant if his application is disapproved.
Section 24. Exempt form Registration. — Registration
shall not be required of nutritionist-dietitians, from other countries
called in for consultations: Provided, That a certificate of exemption
shall be secured form the Board in advance.
Section 25. Oath of Nutritionist-Dietitians. — All
successful examinees shall be required to take a professional oath
before the Board or before any person authorized to administer oaths,
prior to engaging in the practice of nutrition and dietetics in the
Philippines.
Section 26. Roster of Nutritionists-Dietitians. — A
roster of nutrition-dietitians shall be prepared by the Commission
during the month of July every year, commencing on the year following
that in which the Decree shall become effective. This roster shall
contain the name and address of each of the registered
nutritionist-dietitians, date of registration or issuance of
certificates, and other data which, in the opinion of the Board may
appear pertinent. The roster shall be open for public inspection, and
copies thereof shall be furnished each person so registered, placed on
file in the Office of the President of the Philippines, and furnished
to all Department Heads, to the Department of Health, and to such other
bureaus or government agencies as may be deemed necessary and to the
public upon request: Provided, That those previously registered in
accordance with Republic Act Numbered Two Thousand Six Hundred Seventy
Four shall retain their registration certificate numbers.
Section 27. Requirement for Hospitals and Nutrition
Agencies.
A) Hospitals — All hospitals whether government or
private with twenty five (25) to seventy five (75) bed capacity shall
employ a minimum of one nutritionist-dietitian, above seventy five (75)
to one hundred fifty (150) bed capacity, a minimum of two
nutritionist-dietitians, above one hundred fifty (150) to two hundred
fifty (250) bed capacity, a minimum of three nutritionist-dietitians,
above two hundred fifty (250) bed capacity to five hundred (500) bed
capacity, a minimum of four nutritionist-dietitians and above five
hundred (500) to one thousand (1,000) bed capacity, a minimum of five
nutritionist-dietitians: Provided, That no person shall be employed as
nutritionist-dietitian in any hospital without having been registered
in accordance with the provisions of this Decree. The provisions of
this section shall be complied with within one year from the date of
effectivity of this Decree.
B) Nutrition Agencies — all these agencies whether
government or private shall employ registered nutritionist-dietitians,
There shall be required at least one (1) nutritionist-dietitian for
each province, city municipality and rural health units.
Section 28. Enforcement of the Decree by Officer of
the Law. — It shall be the duty of all duty constituted officers of the
law of the National Government, or of any provincial, city or municipal
government, to enforce the provisions of this Decree and to prosecute
any person violating the same. chanroblesvirtualawlibrary
Section 29. Foreign Reciprocity. — No foreigner shall
be admitted to examinations, or be given a certificate or 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 nutritionist-dietitians to practice within its
territorial limit on the same basis as the subjects or citizens of said
country or state: Provided, however, That number of foreigners allowed
to practice in the Philippines shall not exceed the number of Filipinos
practicing in their respective countries.
Section 30. Penal Provisions. — The following shall
be punished by a fine of not less than five hundred pesos nor more than
two thousand pesos, or imprisonment for not less than one month nor
more than two years, or both, in the discretion of the court:cralaw:red
(a) Any person who shall give any false or fraudulent
statement to the Board to obtain a certificate of registration as
nutritionist-dietitian;chanroblesvirtualawlibrary
(b) Any person who shall present or use as his own a
certificate of registration issued to another under this Decree;chanroblesvirtualawlibrary
(c) Any person who shall present or use a revoked or
suspended certificate of registration as nutritionist-dietitian;chanroblesvirtualawlibrary
(d) Any person who shall assume, use, or advertise as
nutritionist-dietitian or appeal to his or her name, letters, or words
tending to convey the impression that he or she is a registered
nutritionist-dietitian when in fact he or she is not duly registered
with the Board as such;chanroblesvirtualawlibrary
e) Any person who shall violate any provisions of
this Decree or any rules and regulations promulgated under this Decree.
Section 31. Repealing clause. — The following are
hereby repealed: Republic Act Numbered Two Thousand Six Hundred Seventy
Four; and such other laws or part of laws, executive orders, circulars,
regulations and memoranda inconsistent with this Decree. chanroblesvirtualawlibrary
Section 32. Separability of Provisions. — If any
provision of this Decree or any portion thereof is declared
unconstitutional by a competent Court, the other provisions thereof
shall not be affected thereby. chanroblesvirtualawlibrary
Section 33. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 20th day of January, in the year of Our Lord nineteen hundred and
seventy-eight.
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