A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 498
PRESIDENTIAL DECREE NO. 498
- AMENDING SectionS TWO, THREE, FOUR, SEVEN, EIGHT, ELEVEN, THIRTEEN,
SIXTEEN, SEVENTEEN, TWENTY-ONE AND TWENTY-NINE OF REPUBLIC ACT NO.
5527, ALSO KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969
|
chanroblesvirtualawlibrary
WHEREAS,
Republic Act No. 5527, An Act Requiring the Registration of Medical
Technologists, Defining Their Practice, And For Other Purpose took
effect on June 21, 1969; chanroblesvirtualawlibrary
WHEREAS, in the implementation of said Act, some provisions were found
to be prejudicial to the interests of some medical technology
practitioners who would otherwise qualify for registration as medical
technologist without examination; and
WHEREAS, it was likewise found that some provisions were inadequate to
meet the primary objectives of maintaining the high standard of the
medical technology profession, hence, there is an imperative need to
correct these deficiencies of the said Act.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081 dated September 21,
1972, as amended, do hereby order and decree:cralaw:red
Section 1. Subsections (a) and (d) of Section 2 of
Republic Act No. 5527 are hereby amended to read as follows:cralaw:red
"Sec. 2. Definition of Terms. — As used in this Act,
the following terms shall mean:cralaw:red
(a) Practice of Medical Technology. — A person shall
be deemed to be in the practice of medical technology within the
meaning of this Act, who shall for a fee, salary or other compensation
or reward paid or given directly or indirectly through another, renders
any of the following professional services for the purpose ofding the
physician in the diagnosis, study and treatment of diseases and in the
promotion of health in general: chanroblesvirtualawlibrary
1. Examination of tissues, secretions and excretions
of the human body and body fluids by various electronic, chemical,
microscopic, bacteriologic, hematologic, serologic, immunologic,
nuclear, and other laboratory procedures and techniques either manual
or automated;chanroblesvirtualawlibrary
2. Blood banking procedures and techniques;chanroblesvirtualawlibrary
3. Parasitologic, Mycologic and Microbiologic
procedures and techniques;chanroblesvirtualawlibrary
4. Histopathologic and Cytotechnology; provided that
nothing in this paragraph shall inhibit a duly registered medical
laboratory technician from performing histopathologic techniques and
procedures;chanroblesvirtualawlibrary
5. Clinical research involving patients or human
beings requiring the use of and/or application of medical technology
knowledge and procedures;chanroblesvirtualawlibrary
6. Preparations and standardization of reagents,
standards, stains and others, provided such reagents, standards, stains
and others are exclusively for the use of their laboratory;chanroblesvirtualawlibrary
7. Clinical laboratory quality control;chanroblesvirtualawlibrary
8. Collection and preservation of specimens.
Provided, that any person who shall passed the corresponding Board
examination for the practice of a profession already regulated by
existing laws, shall not be subject to the provisions of at last four
(4) preceding paragraphs if the performance of such acts or services is
merely incidental to his profession. chanroblesvirtualawlibrary
(d) Medical Laboratory Technicians. — A person
certified and registered with the Board as qualified to assist a
medical technologist and/or qualified pathologist in the practice of
medical technology as defined in this Act."
Section 2. Section 3 of the same Act is hereby
amended and now to read as follows:cralaw:red
"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 Commissioner of the Professional Regulation Commission
as Chairman, the Chairman of the Board of Medical Technology as
Vice-Chairman, and the two (2) members of the Board of Medical
Technology, and the Director of Private Education or its duly
authorized representative, the Director of the Bureau of Research and
Laboratories of the Department of Health, and a representative of the
deans or heads of the private schools of medical technology, as
members." chanroblesvirtualawlibrary
Section 3. Section of the same Act is hereby amended
to read as follows:cralaw:red
"Sec. 4. Compensation and Traveling Expenses of
Council Members. — For every meeting actually attended, the Chairman
shall be entitled to a fifty pesos (P50.00) per diem while the members
shall be entitled to twenty-five pesos (P25.00) each regardless of
whether or not they receive regular salaries from the government. In
addition, the Chairman and members of the Council shall be entitled to
traveling expenses in connection with their official duties."
Section 4. Section 7 of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 7. Medical Technology Board. — There is hereby
created a Medical Technology Board under the Professional Regulation
Commission, which shall thereafter be referred to as the Board composed
of a Chairman who is a pathologist, and two (2) members who are
registered medical technologists who shall be appointed by the
President of the Republic of the Philippines upon recommendation of the
Professional Regulation Commission. The Chairman and members of the
Board shall hold office for three (3) years after appointment or until
their successors shall have been appointed and duly qualified:
Provided, That the incumbent members will continue to serve until the
expiration of their terms.
In case of death, disability, or removal of a member of the Board, his
successor shall serve only the balance of his terms."
Section 5. Paragraph 3 and 5 of Section 8 of the same
Act are hereby amended to read as follows:cralaw:red
"Sec. 8. Qualification of Examiners. — No person
shall be appointed a member of the Medical Technology Board unless he
or she:cralaw:red
1) .
2) .
3) is a duly registered medical technologist of the
Philippines with the degree of Bachelor of Science in Medical
Technology/Bachelor of Science in Hygiene/Public Health;chanroblesvirtualawlibrary
4) .
5) is not a member of the faculty of any medical
technology school for at least two (2) years prior to appointment or
having any pecuniary interest direct or indirect in such
institution." chanroblesvirtualawlibrary
Section 6. Subsection (c) of Section 11 of the same
Act is hereby amended and subparagraphs (g), (h) and (l) are hereby
added to read as follows:cralaw:red
"Sec. 11. .
(c) Issue, suspend and revoke certificates of
registration for the practice of medical technology and medical
laboratory technician;chanroblesvirtualawlibrary
(g) To determine the adequacy of the technical staff
of all clinical laboratories and blood banks before they could be
licensed with the Department of Health in accordance with R.A. No. 4655
and 1517;chanroblesvirtualawlibrary
(h) To prescribe the qualification and training of
medical technologist as to special fields of the profession and
supervise their specialty examination conducted by the professional
organization of medical technologists accredited by the Professional
Regulation Commission;chanroblesvirtualawlibrary
(i) To classify and prescribe the qualification and
training of the technical staff of clinical laboratories as to: Chief
Medical Technologist; Senior Medical Technologist; Medical Technologist
and Medical Laboratory Technician."
Section 7. Section 13 of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 13. Accreditation of Schools of Medical
Technology and of Training Laboratories. — Upon the recommendation of
the Medical Technology Board, the Department of Education and Culture
shall approve schools of medical technology in accordance with the
provisions of this Decree. The Professional Regulation Commission upon
recommendation of the Medical Technology Board shall approve
laboratories for accreditations 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, biochemistry and blood banking, and that the scope of
activities of said laboratory offer sufficient training in said
laboratory procedure."
Section 8. Subparagraph (b) of Section 16 is hereby
amended to read as follows:cralaw:red
"Sec. 16. .
(b) Has completed a course of at least four (4) years
leading to the degree of Bachelor of Science in Medical Technology or
Bachelor of Science in Public Health conferred by a recognized school,
college or university in accordance with this Decree or having
graduated from some other profession and has been actually performing
medical technology for the last five (5) years prior to the date of the
examinations, if such performance began prior to June 21,
1969." chanroblesvirtualawlibrary
Section 9. Section 17 of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 17. Scope of examination. — The examination
questions shall cover the following subjects with their respective
relative weights:cralaw:red
Clinical Chemistry 20%
Microbiology & Parasitology 20%
Hematology 20%
Blood Banking & Serology 20%
Clinical Microscopy
(Urinalysis and other
body fluids) 10%
Histopathologic Tech
niques, Cytotechnology,
Medical Technology
Laws, Related Laws and
its implementing rules,
and the Code of Ethics 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 (30) 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 (3) months prior to the date of examination in
which the same is to take effect." chanroblesvirtualawlibrary
Section 10. Section 21 of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 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 (21)
years. All certificate shall be signed by the members of the Board and
by the Commissioner of the Professional Regulation Commission. The duly
registered medical technologist shall be required to display his
certificate of registration in the place where he works. Provided, that
upon application filed and the payment of the required fee of one
hundred and fifteen pesos (P115.00) 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 (3) years prior to the 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 (8) years
prior to filing of the application, Provided, that such performance
began prior to June 21, 1969. chanroblesvirtualawlibrary
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 (P50.00) show evidence satisfactory to the Board that:cralaw:red
1. He or she passed the civil service examination for
medical technician on March 21, 1964; or
2. Has finished a two-year college course and has at
least one (1) year of experience as medical laboratory technician,
provided, that for every year of deficiency in college attainment two
(2) years of experience may be substituted; Provided, further, that an
applicant who has at least ten (10) years 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; or
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 11. Section 29 subparagraph (j) of the same
Act is hereby amended to read as follows:cralaw:red
"(j) Any person or corporate body who shall allow
anyone in his employ who is not a registered medical
technologist/medical laboratory technician to engage in the practice of
medical technology or recommend for appointment anyone to the position
of medical technologist/medical laboratory technician knowing that he
is not registered as such."
Section 12. Repealing Clause. — All laws, executive
orders, decrees, rules and regulations or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
Section 13. This Decree shall take effect
immediately.
Done in the City of Manila,
this 28th day of June, in the year of Our Lord, nineteen hundred and
seventy-four.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|