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This page features the full text of
Republic Act No. 7431
"Radiologic
Technology Act of 1992"
AN
ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE
PHILIPPINES,
CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS POWERS AND
FUNCTIONS
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7431
AN
ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE
PHILIPPINES,
CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS POWERS AND
FUNCTIONS
AND FOR OTHER PURPOSES.
Section
1. Title. — This Act shall be
known and cited as the "Radiologic Technology Act of 1992."
chanrobles virtuallaw libraryred
Sec.
2. Statement of Policy. — It
is the policy of the State to upgrade the practice of radiologic
technology
in the Philippines for the purpose of protecting the public from the
hazards
posed by radiation as well as to ensure safe and proper diagnosis,
treatment
and research through the application of machines and/or equipment using
radiation.
Sec.
3. Definition of Terms. — As
used in this Act the following terms and shall mean: chanrobles virtuallaw libraryred
(a) "X-ray
technology" is an auxiliary branch of radiology which deals with the
technical
application of x-rays as aid in the diagnosis of diseases and
injuries; chanrobles virtuallaw libraryred(b) "Radiologic
technology" is an auxiliary branch of radiology which deals with the
technical
application of radiation, such as x-rays, beta rays, gamma rays,
ultrasound
and radio frequency rays, in the diagnosis and treatment of
diseases;
(c) "X-ray
technologist" is a bona fide holder of a certificate of registration
for
x-ray technology issued by the Board of Radiologic Technology in
accordance
with this Act;chanrobles virtuallaw libraryred
(d) "Radiologic
Technologist" is a bona fide holder of a certificate of registration
for
radiologic technology issued by the Board of Radiologic Technology in
accordance
with this Act;
(e) "Radiology"
is a branch of medical science which deals with the use of radiation in
the diagnosis, treatment and research of diseases; chanrobles virtuallaw libraryred
(f) "Radiologist"
is a licensed physician who specializes in the diagnosis or treatment
of
disease with the use of radiation;
(g) "Medical
physicist" is a physicist who specializes in the application of the
principles
and techniques of physics in medicine;
(h) "Board"
refers to the Board of Radiologic Technology; and
(i) "Commission"
refers to the Professional Regulation Commission created under
Presidential
Decree Numbered Two hundred and twenty-three.chanrobles virtuallaw libraryred
Sec.
4. Practice X-ray Technology.
— The practice of x-ray technology shall include any and all acts by
which
one renders, furnishes, or contracts to render or furnished
professional
service as an x-ray technologist.
An
x-ray technologist shall also be considered in the practice of his
profession
if the nature and character of his employment requires professional
knowledge
in the art and science of x-ray technology and such employment or
position
requires that the holder thereof be an x-ray technologist. chanrobles virtuallaw libraryred
Nothing
in this Act shall be construed to disqualify other professionals duly
registered
with the Professional Regulation Commission from performing any of the
acts abovementioned; Provided, That under the law or laws governing
their
respective professions, they may perform the said acts; Provided,
further,
That no person shall use the title "X-ray Technologist" or any other
title
conveying the impression that he is an x-ray technologist without
having
been issued a certificate of registration as x-ray technologist by the
Commission in the manner provided in this Act.cralaw:red
Sec.
5. Practice of Radiology Technology.
— The practice of radiologic technology shall include any and all acts
by which one renders, furnishes, or contracts to render or furnish
professional
service as a radiologic technologist.cralaw:red
A
radiologic technologist shall also be considered in the practice of his
profession if the nature and character of his employment requires
professional
knowledge in the art and science of radiologic technology, and such
employment
or position requires that the holder thereof be a radiologic
technologist.
Nothing
in this Act shall be construed to disqualify other professionals duly
registered
with the Professional Regulation Commission from performing any of the
acts abovementioned: Provided, That under the law or laws governing
their
respective professions, they may perform the said acts: Provided,
further,
That no person shall use the title "Radiologic Technologist" or any
other
title conveying the impression that he is a radiologist technologist
without
having been issued a certificate of registration as radiologic
technologist
by the Commission in the manner provided in this Act. chanrobles virtuallaw libraryred
Sec.
6. Creation of the Board of Radiologic
Technology. — There is hereby created a Board of Radiologic Technology
which shall be composed of a Chairman and four (4) members, all of whom
shall be appointed by the President of the Philippines upon the
recommendation
of the Professional Regulation Commission. The Commission shall
recommend
three (3) radiologic technologists from a list to be submitted by the
Association
of radiologic technologists; one (1) radiologist from a list to be
submitted
by the association of radiologists; and one (1) medical physicist from
a list to be submitted by the association of medical physicists:
Provided,
however, That the said associations are accredited in accordance with
Presidential
Decree Numbered Two hundred and twenty-three: Provided, further, That
each
person whose name is submitted shall possess the qualifications
prescribed
in Section 7 of this Act.
Sec.
7. Qualifications of Board Members.
— (a) Each member of the Board shall at the time of his
appointment:
(1) Be
a citizen and resident of the Philippines; chanrobles virtuallaw libraryred(2) Be
of good moral character; chanrobles virtuallaw libraryred
(3) Be
at least thirty (30) years of age; and
(4) Is
neither a member of the faculty, whether full time, part time or
lecturer,
of any school, college or university where a regular course in
radiologic
technology is taught, nor has any pecuniary interest, directly or
indirectly,
in such institution during his term of office as a Board member.
(b) Three
(3) members of the Board, including the Chairman, shall at the time of
their appointment:
(1) Be
radiologic technologist; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) Have
at least ten (10) years practice as radiologic technologists prior to
their
appointment; Provided, that the three (3) radiologic technologists
appointed
as members of the first Board shall be deemed automatically registered
as radiologic technologists upon assumption of their duties as members.
(c) One
(1) member of the Board shall at the time of his appointment:
(1) Be
a radiologist; and chanrobles virtuallaw libraryred(2) Has
at least ten (10) years practice as a radiologist prior to his
appointment.chanrobles virtual law library
(d) One
(1) member of the Board shall at the time of his appointment:
(1) Be
a medical physicist; and
chanrobles virtuallaw libraryred(2) Has
at least ten (10) years practice as a medical physicist.chanrobles virtual law library Sec.
8. Term of Office. — The members
of the Board shall hold office for a term of three (3) years from the
date
of their appointment until their successors shall have been appointed
and
duly qualified; Provided, That the first appointees to the Board shall
hold office for the following terms: the Chairman for three (3) years;
two (2) members for two (2) years and two (2) members for one (1) year.
Vacancies shall be filled only for the unexpired term.
Sec.
9. Duties and functions of the
Boards. — The Board shall have the following duties and functions:
(a) To
enforce the provisions of this Act; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) To
administer oaths in accordance with the provisions of this Act;
(c) To
issue and, after due investigation, suspend or revoke certificates of
registration
for the practice of radiologic technology and x-ray technology; chanrobles virtuallaw libraryred
(d) To
investigate any violation of this Act of the rules and regulations
issued
thereunder, as may come to the knowledge of the Board and, for this
purpose,
to issue subpoena and subpoena duces tecum to alleged violators or
witnesses
to secure their attendance in investigations or hearings, and the
production
of books, papers and documents in connection therewith and compel their
attendance by the power to cite and punish for contempt;
(e) To
conduct yearly board examinations to radiologic technology and x-ray
technology
examinees under the supervision of the Professional Regulation
Commission;
(f) To
look, from time to time, into the condition affecting the practice of
radiologic
technology and x-ray technology in the Philippines, and adopt such
measures
as may be deemed necessary for the maintenance of the standards and
ethics
of the profession;chanrobles virtuallaw libraryred
(g) To
promulgate 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 thereof by the Commission; and
(h) To
adopt a seal to authenticate its official documents.
The
Board shall exercise these powers and duties in accordance with
Presidential
Decree Numbered Two Hundred and twenty-three.chanrobles virtual law library
Sec.
10. Compensation of the Board.
— The members of the Board shall each receive the same compensation as
members of other Boards under the supervision of the Commission as
provided
for in the General Appropriations Act.
Sec.
11. Removal of Board Members.
— Any member of the Board may be removed from office by the President
upon
the recommendation of the Commission for neglect of duty, incompetence
or unprofessional, immoral, or dishonorable conduct, or commission or
toleration
of irregularities in the conduct of the examinations, after having been
given the opportunity to defend himself in a proper administrative
investigation
conducted by the Commission.chanrobles virtuallaw libraryred
Sec.
12. Supervision of the Board
and Custody of its Records. — The members of the Board shall be under
the
general supervision of the Commission.cralaw:red
No
record shall be removed, altered or examined without the prior
authorization
of the Board. All records, including examination papers, examination
results,
minutes of deliberation, records of administrative cases and
investigations
of the Board shall be kept by the Commission.cralaw:red
Sec.
13. Rules and Regulations. —
Subject to the approval of the Commission, the Board shall set ethical
and professional standards for the practice of radiologic technology
and
x-ray technology and adopt such rules and regulations as may be
necessary
to carry out the provisions of this Act. Such standards, rules and
regulations
shall take effect one (1) month after publication in any newspaper of
general
circulation.chanrobles virtuallaw libraryred
Sec.
14. Annual Report. — The Board
shall, at the end of each calendar year, submit to the Commission an
annual
report of its activities and proceedings during the year. Other
information
or data may be requested by the Commission as often as may be necessary
and practicable.cralaw:red
Sec.
15. Requirement for the Practice
of Radiologic Technology and X-ray Technology. — Unless exempt from the
examinations under Sections 16 and 17 hereof, no person shall practice
or offer to practice as a radiologic and/or x-ray technologist in the
Philippines
without having obtained the proper certificate of registration from the
Board.cralaw:red
Sec.
16. Exemption from Examination
in X-ray Technology. — Examination shall not be required of the
following
persons:
(a) The
first members of the Board of Radiologic Technology as provided in
Section
7(b) hereof; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) Those
who, prior to the approval of this Act, have passed the Civil Service
examination
for x-ray technicians, or the examination for the private sector x-ray
technicians, or the examination for chest x-ray technicians, or the
proficiency
examination for medical radiation technicians administered by the
Department
of Health through its Radiation Health Office, Radiological Health
Service,
of Radiation Health Service.
Those
so exempt under the aforementioned categories shall register with the
Board
after they shall have complied with the requirements for registration
as
radiologic technologists.chanrobles virtual law library
Sec.
17. Exemption from examination
in Radiologic Technology. — Examination shall not be required of the
following
persons:
(a) The
first members of the Board of Radiologic Technology as provided in
Section
7(b) hereof, chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) Radiologists
from other countries invited for lectures of consultation or as
visiting
or exchange professors to colleges or universities duly recognized by
the
Government: Provided, That such radiologic technologists are legally
qualified
to practice as such in their own state or country: Provided, further,
That
they shall first secure a special permit from the Board which shall be
valid as the Board may determine: Provided, finally, That the privilege
granted in this subsection shall be given only to radiologic
technologists
from countries giving similar privilege to their Filipino
counterparts;
(c) Those
who, prior to the approval of this Act, have passed the proficiency
examination
for medical radiation technologists administered by the Department of
Health
through its Radiation Health Office, Radiological Health Service, or
Radiation
Health Service; and
(d) Those
who prior to the approval of this Act, have passed the Civil Service
examination
for x-ray technicians, or the examination for private sector x-ray
technicians,
or the proficiency examination for medical radiation technicians
administered
by the Department of Health through its Radiation Health Office,
Radiological
Health Service or Radiation Health Service, with ten (10) years
continuous
practice of radiologic technology after passing one of these
aforementioned
examinations.
Those
falling under categories (a), (c) and (d) shall register with the Board
after they shall have complied with the requirements for registration
as
radiologic technologists.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
18. Examination Required. — Except
as otherwise specifically allowed under the provisions of this Act and
other exiting laws, all applicants for registration as radiologic
technologists
and x-ray technologists shall be required to undergo an examination
which
shall be given once a year by the Board, through the Commission,
according
to its rules and regulations and at such time and place as may be
determined
by the Commission.
Sec.
19. Qualifications for Examination.
— Every applicant for examination under this Act shall, prior to
admission
for examination establish to the satisfaction of the Board that
he:
(a) Is
a Filipino citizen: chanrobles virtuallaw libraryred(b) Is
of good moral character and has not been convicted of a crime involving
moral turpitude; and
(c) Is
a holder of a baccalaureate degree in radiologic technology from a
school,
college or university recognized by the Government if he applies for
the
radiologic technology examination or is a holder of an associate in
radiologic
technology diploma from a school, college or university recognized by
the
Government if he applies for the x-ray technology examination.
Sec.
20. Scope of Examination in X-ray
Technology. — Unless changed or modified by the Board, the examination
in x-ray technology shall cover the following subjects with the
corresponding
weights as follows:
(a) Radiation
Physics10%Radiology
and Radiation Protection 10%chanrobles virtuallaw libraryredEquipment
Maintenance 10% (b) Radiographic
Positioning 10%Radiographic
Technique 10%chanrobles virtuallaw libraryredSpecial
Procedures 10% (c) Anatomy,
Physiology and Medical Terminology 15% (d) Photochemistry
and Darkroom Procedures 10%chanrobles virtuallaw libraryred(e) Film
Analysis5%
(f) Nursing
and Departmental Procedures in
Radiology 5%chanrobles virtuallaw libraryred
(g) Professional
Ethics 5%
Sec.
21. Scope of Examination in Radiologic
Technology. — Unless changed or modified by the Board, the examination
in radiologic technology shall cover the following subject with the
corresponding
weights as follows:
(a) Radiation
Physics and Equipment Maintenance 10% Radiobiology
and Radiation Protection 10% (b) Radiographic
Positioning 10% Radiographic
Technique 10% chanrobles virtuallaw libraryredSpecial
Procedures 10% (c) Anatomy,
Physiology and Medical Terminology 10% chanrobles virtuallaw libraryred(d) Photochemistry
and Film Analysis 0%
(e) Nursing
and Department Procedures in
Radiology and Professional Ethics 5%
(f) Ultrasound 5% chanrobles virtuallaw libraryred
(g) Radiation
Therapy 5%
(h) Nuclear
Medicine 5%
(i) Radiologic
Pathology 5%
(j) Computed
Tomography/Magnetic Resonance
Imaging 5%
Sec.
22. Report of Ratings. — The
Board shall, within one hundred twenty (120) days after the date of
completion
of the examination, report the rating obtained by each candidate to the
Commission which shall submit such report to the President of the
Philippines
for approval.
In
order to pass the examination, a candidate must obtain a weighted
average
of at least 75% with no rating below 60% in any subject. An examinee
who
obtains an average rating of 75% or higher but gets a rating below 60%
in any subject shall be allowed to take a reexamination in only those
subjects
in which he obtained a rating below 60%. Such examination shall, as far
as practicable, be taken in the next scheduled examination. chanrobles virtuallaw libraryred
In
order to pass the second examination, the examinee must obtain a rating
of 75% in each of the subjects repeated. If the candidate still fails
the
reexamination, he shall as far as practicable, be required to repeat
said
subjects during the succeeding examination. When an applicant fails to
qualify after the third examination, he shall be required to take the
entire
examination.cralaw:red
Sec.
23. Oath-taking. — All successful
examinees shall be required to take a professional oath before the
Board
or before any person authorized by the Board to administer oaths prior
to the practice of their profession as radiologic technologists and/or
x-ray technologists.cralaw:red
Sec.
24. Issuance of Certificates
of Registration. — Every applicant who has satisfactorily passed the
required
examination shall, upon payment of the registration fee as provided in
Section 25, be issued a certificate of registration as radiologic
technologist
and/or x-ray technologist.chanrobles virtuallaw libraryred
The
Board shall, subject to review by the Commission, issue the
corresponding
certificates to persons who apply for the same who are exempt from the
examinations provided under Sections 16 and 17 hereof.cralaw:red
All
certificates of registration shall contain the full name of the
registrant,
serial number, signature of the Commissioner, date of issuance, and the
official seal of the Board duly affixed thereto.cralaw:red
Sec.
25. Fees. — Unless otherwise
fixed by the Commission, each examinee or registrant shall pay the
following
fees:
(a) For
application for examination P350.00chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) For
registration after passing the board examinations P250.00
(c) For
registration without examination P250.00
(d) For
replacement of lost or destroyed certificate
of registration P100.00 chanrobles virtuallaw libraryred
(e) For
reissuance of revoked certificate P100.00
Sec.
26. Penal Provisions. — Any person
who shall practice radiologic technology and/or x-ray technology in the
Philippines, within the meaning of this Act, with any of the following
attending circumstances shall, upon conviction by final judgment, be
punished
with a fine of not less than Ten thousand pesos (P10,000) nor more than
Forty thousand pesos (P4,000), or by imprisonment of not less than one
(1) year nor more than six (6) years, or both, at the discretion of the
court:
(a) Without
a certificate of registration in accordance with the provisions of this
Act; chanrobles virtuallaw libraryred(b) Presenting
or using as his own the certificate of registration of another
person;
(c) Using
an expired license, or suspended or revoked certificate of
registration; chanrobles virtuallaw libraryred
(d) Giving
any false or forged evidence to the Board of Radiologic Technology in
order
to obtain a certificate of registration;
(e) Posing
or advertising as a registered radiologic and/or x-ray technologist or
using any other means tending to convey the impression that he is a
registered
radiologic and/or x-ray technologist; and chanrobles virtuallaw libraryred
(f) Violation
of any of the provision or provisions of this Act.
Sec.
27. Appropriations. — The amount
necessary for the compensation of the members of the Board shall be
included
in the General Appropriations Act of the year following the approval of
this Act and thereafter.
Sec.
28. Repealing Clause. — All laws,
decrees, orders, and other issuances, rules and regulations, or parts
thereof,
inconsistent herewith are hereby repealed or modified accordingly.cralaw:red
Sec.
29. - (This Section is missing in the original text)chanrobles virtuallaw libraryred
Sec.
30. Effectivity Clause. — This
Act shall take effect one (1) month after its publication in any
newspaper
of general circulation.
Approved:
April
22, 1992
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