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RA 5527
PHILIPPINE MEDICAL
TECHNOLOGY ACT OF 1969
An Act Requiring the Registration of Medical Technologist,Defining their Practice, and for other purposes.Be it enacted by the Senate and House of Representatives of the Philippines
HIGHLIGHTS
RA 5527 - Philippine Medical Technology Act June 21, 1969 - Approval Date Amendment- A process of revising, modifying or changing the provisions of a law or bill House Bill No. 3502. An ammendment of the medical technology Act of 2011 Amendments are made on Section 16, Section 21 and Section 22 RA 6138 (August 31, 1970) Presidential Decree No. 498 (June 28, 1974) amended Sections 2,3,4,7,8,11,13,21 and 29 Presidential Decree No. 1534 (June 11, 1978) amended Sections 3,8 and 13 (Romeo 2009) On December 4, 2013, Representative -Leopoldo N. Bataol of the 2nd District of Pangasinan during the first regular session of the 16th Congress proposed another amendment under House Bill
Medical Technology Act of 2011- A n act which contains the provisions for the improvement of the status of all medical technologists in terms of competencies or skills. Presidential Decree No. 498 The second revision made to RA 5527 Republic Act No 5527 Otherwise known as the Medical Technology Act of 1969 Republic Act No. 6138 Approved of August 31, 1970
AMENDMENTS AND THEIR PROCESS
Amendments, by conventional definition, are changes to certain provisions of a Republic Act. They are based on the premise that changes are made for the purpose of adapting to what is presently existing in the
professional practice and exapanding the rights and priviliges extended to an individual or a group of persons.
CONCEPT OF LAW AND THE
PROVISIONS OF
RA 5527
Law - refers to set of rules or orders imposedon all members of the community.
RA 5527 (An act requiring the Registration of Medical Technologists, Defining their Practice and Other Purpose) Preliminary provisions Functional provisions Concluding provisions
Laws are regulatory systems of social relations. In the field of professional practice, important legal concepts include the following:
1. Prevailing laws and source or origin- The law is existing at present, enveloping the practice of professional endeavors. 2. Offense and Legal responsibility- Laws are enacted and are always accompanied by the appropriate offense for violations or infractions of such. It is, therefore mandatory for the individual concerned to render obedience to the existing laws. In other words,people are duty-bound to assume the responisbilities over any action they take or commit. 3. Laws and orders, sanctions system of laws and legality of actions- This third legal concept pertains to the fact that a law is a set of rules or orders. Nobody is above the law. Laws govern and treat all people failrly and impartiality. Any violation of laws may be reprimanded and sanctioned, therefore , laws are rules that prescribe directions for conduct in any situation.
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Republic Act No. 5527
*As amended by RA 6132, PD 498 and PD
An Act Requiring the Registration of
Medical Technologist,
Defining Their Practice, and for Other
Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1.Title.- This Act may be also cited
as the Philippine Medical Technology Act of
Section 2. Definition of Terms .- As used
in this Act,the following terms shall mean:
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 of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general:
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; 2. Blood banking procedures and techniques; 3. Parasitologic, Mycologic and Microbiologic procedures and techniques; 4. Histopathologic and Cytotechnology; provided that nothing in this paragraph shall inhibit a duly registered medical laboratory technician from performing histopathologic techniques and procedures. 5. Clinical research involving patients or human beings requiring the use of and/or application of medical technology knowledge and procedures; 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; 7. Clinical laboratory quality control; 8. Collection and preservation of specimens; Provided, That any person who has passed the corresponding Board examination for the practice of a profession already regulated by existing law, shall not be subject to the provisions of the last four preceding paragraphs if the performance of such acts or services is merely incidental to his profession.
b. Pathologist - A duly registered physician
who is specially trained in methods of laboratory medicine, or the gross and microscopic study and interpretation of tissues, secretion and excretions of the human body and its functions in order to diagnose disease, follow 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 the 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 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.e.
Accredited Medical Technology Training
Laboratory - A clinical laboratory, office,
agency, clinic, hospital or sanitarium duly approved by the Department of Health2 or its authorized agency.
f. Recognized School of Medical Technology
- Any school, college, or university which offers a course in Medical Technology approved by
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Mathematics General PathologyCollege Physics Microbiology General Chemistry Biostatistics Qualitative Chemistry Clinical Laboratory Quantitative Chemistry Methods including hematology, serology, blood banking, clinical microscopy, applied microbiology, and parasitology, histopathologic techniques, and cytotechnology. 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.
Section 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 appointments 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 term.
Section 8. Qualifications of Examiners.-
No person shall be appointed as member of the Board of Examiners for Medical Technology unless he or she is (1) is a Filipino citizen; (2) is of good moral character; (3) is a qualified Pathologist, or 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; (4) has been in 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 for at least two (2) years prior to appointment or having any pecuniary interest direct or indirect
in such institution: Provided, however, That
for the first three years following the approval of this Act, the requirements mentioned in number four (4) shall be reduced to five years.
Section 9. Executive Officer of the Board.-
Section 10. Compensation of Members of
the Board of Examiners for Medical
Technology.- Each member of the Board shall
receive as 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 and medical laboratory technician; d. Look into conditions affecting the practice of medical technology in the Philippines and, whenever necessary, adopt such a measure may be deemed proper for the maintenance of good ethic 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 knowledge of the Board and, for this purpose issue subpoena and subpoena duces tecum to secure appearance of witnesses and production of documents in connection with charges presented to the Board; and
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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; 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; h. To prescribe the qualifications and training of medical technologists 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; i. To classify and prescribe the qualification and training of the technical staff of clinical laboratories as to: Medical Technology; Medical Technologist; Senior Medical Technologist; Medical Technologist and Medical Laboratory Technician.
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 and 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.- 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 Act, as amended, in conjunction with the Board of Medical Technology. The Department of Healththrough the Bureau of Research and Laboratories shall approve laboratories for accreditation as training laboratories for medical technology students or post- graduate trainees in conjunction with the Board of Medical Technology. The laboratories shall show satisfactory evidence that they possess qualified personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields: Clinical Chemistry, Microbiology, Serology, Parasitology, Hematology, Blood Banking, Clinical Microscopy, and Histopathologic techniques, and that the scope of activities of said laboratories 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 technologist from other countries called in for consultation or as visiting or exchange professors to colleges or universities: Provided, 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 provision of this Act, all applicants for registration as medical technologist shall be required to undergo written examination which shall be given by the Board annually in the greater Manila area, Cebu, and
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Act shall be given further examinations after his failure to qualify for the third time.
Section 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.
Section 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 technologists 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 recognizedschools 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,
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 (P500.00) show evidence satisfactory to the Board that:
- He or she passed the civil service examination for medical technician given on March 21, 1964; or
- 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 of 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
- 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 22. Fees. - The Board shall charge
each applicant for examination and registration the sum of fifty pesos for each certificate of registration issued without prior
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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.
Section 23. Refusal to issue Certificate. -
The Board shall refuse to issue a certificate of registration to any person convicted by the 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 incurable communicable disease, and in such shall be 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.
Section 24. Administrative
Investigation.- Revocation or
Suspension of Certificates -
Administrative investigation shall be conducted by at least two members of the Board with one legal officer sitting 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 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 or 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.
Section 25. Appeal. - The revocation or
suspension of a certificate made by the Board shall be subject to appeal to the Civil Service Commissioner24 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.
Section 26. Reinstatement, Reissue or
Replacement of Certificate. - The Board
may, upon application and for reason deemed proper and sufficient, reissue any revoked registration certificate. The suspension of a 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.
Section 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 of which he is a subject or citizen permits Filipino Medical Technologist to practice within its territorial limits on the same as the subject or citizens of said country or state.
Section 28. Roster of Medical Technologist.-
A roster of Medical Technologist shall be
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Section 32. Effectivity. - This Act shall take
effect upon its approval. Approved, June 21,
