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."
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:
(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;
(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;
(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;
(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.
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.
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.
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.
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.
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 Sec. 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;
(2) Be of good moral character;
(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
(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
(2) Has at least ten (10) years practice as a
radiologist prior to his appointment.
(d) One (1) member of the Board shall at the time of
his appointment:
(1) Be a medical physicist; and
(2) Has at least ten (10) years practice as a medical
physicist.
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;
(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;
(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;
(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.
SECTION 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.
SECTION 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.
SECTION 12. Supervision of the Board and Custody of
its Records. — The members of the Board shall be under the general
supervision of the Commission.
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.
SECTION 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.
SECTION 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.
SECTION 15. Requirement for the Practice of
Radiologic Technology and X-ray Technology. — Unless exempt from the
examinations under Section s 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.
SECTION 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 Sec. 7(b) hereof; and
(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.
SECTION 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 Sec. 7(b) hereof,
(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.
SECTION 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.
SECTION 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:
(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 Physics 10%
Radiology and Radiation Protection
10%
Equipment Maintenance 10%
(b) Radiographic Positioning 10%
Radiographic Technique 10%
Special Procedures 10%
(c) Anatomy, Physiology and Medical
Terminology 15%
(d) Photochemistry and Darkroom
Procedures 10%
(e) Film Analysis 5%
(f) Nursing and Departmental Procedures
in Radiology 5%
(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%
Special Procedures 10%
(c) Anatomy, Physiology and Medical
Terminology 10%
(d) Photochemistry and Film
Analysis 0%
(e) Nursing and Department Procedures
in Radiology and Professional
Ethics 5%
(f) Ultrasound 5%
(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.
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.
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.
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
Sec. 25, be issued a certificate of registration as radiologic
technologist and/or x-ray technologist.
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 Section s 16 and 17 hereof.
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.
Sec. 25. Fees. — Unless otherwise fixed by the
Commission, each examinee or registrant shall pay the following fees:
(a) For application for examination
P350.00
(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
(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;
(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;
(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
(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.
* 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
* Copied
verbatim from documents obtained directly from the Malacañang
records (missing Sec. 29).
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