RA 9297 Chemical Engineering Law of 2004 PDF

S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 1 Republic of the Philippines 2 3...

S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 1 Republic of the Philippines 2 3 Congress of the Philippines 4 5 Metro Manila 6 7 8 Twelfth Congress 9 10 Third Regular Session 11 12 Begun and held in Metro Manila, on Monday, the twenty-eighth day 13 of July, two thousand three. 14 15 16 17 [ REPUBLIC ACT NO. 9297 ] 18 19 20 AN ACT REGULATING THE PRACTICE OF CHEMICAL ENGINEERING AND 21 REPEALING FOR THIS PURPOSE REPUBLIC ACT NUMBERED THREE HUNDRED 22 AND EIGHTEEN (R.A. NO. 318), OTHERWISE KNOWN AS “THE CHEMICAL 23 ENGINEERING LAW” 24 25 Be it enacted by the Senate and House of Representatives of the Philippines in Congress 26 Assembled: 27 28 ARTICLE I. 29 TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND SCOPE 30 OF PRACTICE 31 SECTION 1. Title. – This act shall be known as the “Chemical Engineering Law of 32 2004.” 33 34 SEC. 2. Statement of Policy. – It is hereby declared the policy of the State to supervise 35 and regulate the practice of chemical engineering vital to national development, upgrade 36 chemical engineering education in order to ensure that our chemical engineers are at par with the 37 best in the world, and to reserve the practice of such profession to Filipino citizens. 38 39 40 SEC. 3. Definition of Terms. 1  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 41 42 (a) Practice of chemical engineering shall mean the rendering or offering of professional 43 chemical engineering service for a fee, salary, reward or compensation, paid to him or through 44 another person, or even without such reward or compensation. The term shall be synonymous 45 with the term “rendering chemical engineering service.” 46 47 (b) Industrial plant shall mean any plant in which a unit process and/or operations are 48 involved, including the related pollution control and abatement processes or operations. 49 50 (c) Unit process shall mean the chemical change which is involved in the manufacture of 51 industrial or consumer products or the treatment of industrial or chemical wastes. 52 53 (d) Unit operation shall mean the physical operation by which a desired step in an 54 industrial process is conducted or controlled. This includes, but is not limited to: storage of gases, 55 liquids, solids, heat transfer, evaporation; mass transfer, i.e. distillation, absorption, adsorption, 56 drying, humidification, extraction, leaching, mixing and dispersion, separation, i.e., filtration, 57 screening, molecular sieving and coalescing. 58 59 (e) Professional chemical engineering subjects shall mean any of the following and 60 similar chemical engineering topics: chemical engineering thermodynamics; chemical 61 engineering calculations; physical and chemical principles; industrial processes; momentum 62 transfer; heat transfer; mass transfer; industrial waste management and control; process 63 equipment and plant design; and biochemical engineering and bio-engineering; and 64 65 (f) Chemical engineer shall mean a person duly registered and a holder of a valid 66 Certificate of Registration and Professional Identification Card issued by the Board of Chemical 67 Engineering and the Professional Regulation Commission. 68 69 SEC. 4. Scope of Practice. – Professional chemical engineering service shall embrace 70 the following similar services in relation to industrial plants: 71 72 1) Consultation requiring chemical engineering knowledge, skill and proficiency; 73 74 2) Investigation; 75 76 3) Estimation and/or valuation; 77 78 4) Planning; 79 80 5) Preparation of feasibility studies; 81 82 6) Designing; 83 84 7) Preparation of specifications; 85 86 8) Supervision of installation; 2  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 87 88 9) Operation, including quality management; but excluding chemical analysis and 89 operation of the chemical laboratory; and 90 91 10) Research and development 92 93 The teaching, lecturing and reviewing of a professional chemical engineering subject in 94 the curriculum of the Bachelor of Science in Chemical Engineering degree or a subject in the 95 Chemical Engineering licensure examination given in any school, college, university or any other 96 educational institution shall also be considered a professional chemical engineering service. 97 98 ARTICLE II. 99 100 CREATION OF THE PROFESSIONAL REGULATORY BOARD FOR CHEMICAL 101 ENGINEERS 102 103 SEC. 5. Composition of the Board. – There shall be created a Board of Chemical 104 Engineering, hereinafter referred to as the Board, under the administrative control and 105 supervision of the Professional Regulation Commission hereinafter called Commission, 106 composed of a Chairman and two (2) members to be appointed by the President of the 107 Philippines from among those recommended by the Commission from the nominees of the duly 108 integrated and accredited national organization of chemical engineers. 109 110 SEC. 6. Powers and Duties of the Board – The Board shall have the following powers 111 and duties: 112 113 a) Supervise and regulate the practice of the chemical engineering profession; 114 115 b) Determine and evaluate the qualifications of the applicants for registration; 116 117 c) Prescribe the subjects in the licensure examination; determine the syllabi of the 118 subjects and their relative weighs; construct the test questions in the examination; score and rate 119 the examination papers; and submit the examination results to the Commission; 120 121 d) Issue together with the Commission Certificates of Registration and Professional 122 Identification Card to applicants who have passed the licensure examinations for registered 123 chemical engineers; 124 125 e) Issue special permits to persons admitted to the practice of the profession and 126 Certificate of Recognition for advance studies and researches and accomplishments in the 127 profession that contribute to its enrichment; 128 129 f) Inquire into the conditions affecting the practice of the profession and adopt measures 130 for the enhancement and maintenance of a high professional, ethical and technical standard. 131 Pursuant thereto, the Board may inspect establishments where chemical engineers practice their 3  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 132 profession, such as factories, plants, offices and the like in order to determine and enforce 133 compliance with the provisions of this Act and issue Certificates of Compliance; 134 135 g) In coordination with the Commission on Higher Education (CHED), inspect the 136 facilities, faculty, equipment and other aspects directly related to the chemical engineering 137 program of educational institutions; 138 139 h) Adopt rules and regulations for the practice of chemical engineering; 140 141 i) Adopt a Code of Ethics and a Code of Technical Standards for the practice of chemical 142 engineering; 143 144 j) Investigate, in accordance with the rules on administrative investigation promulgated 145 by the Commission, violations of this Act and its implementing rules and regulations, the Code 146 of Ethics and the Code of Technical Standards for chemical engineers, administrative polices, 147 orders and issuances promulgated by the Board; 148 149 k) Issue subpoena and subpoena duces tecum to secure the attendance of witnesses or the 150 production of documents in connection with any administrative case before the Board; 151 152 l) Hear and decide administrative cases filed against chemical engineers and firms 153 employing chemical engineers. The hearing shall be presided by the Chairman or a Member of 154 the Board with the assistance of an Attorney of the Commission. Any decision shall be concurred 155 in by at least a majority of the Board. Decisions of the Board may be appealed to the 156 Commission within fifteen (15) days from notice, otherwise such decisions shall become final 157 and executory; 158 159 m) Administer oaths in connection with the performance of its functions; 160 161 n) Adopt an official seal and prescribe the seal of the chemical engineering profession; 162 163 o) Submit an annual report on the proceedings and accomplishments during the year 164 and/or recommendations of the Board to the Commission thirty (30) days after the close of each 165 calendar year; 166 167 p) Prosecute or institute criminal action against any violator of this Act and/or rules and 168 regulations of the Board; 169 170 q) Prescribe guidelines and criteria on the Continuing Professional Education (CPE) 171 program for chemical engineers in consultation with the integrated and accredited chemical 172 engineering organizations; and 173 174 r) Perform such other functions as may be necessary in order to implement the provisions 175 of this Act. 176 4  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 177 SEC. 7. Qualifications of the Board Chairman and Members. The Chairman and 178 Members of the Board must, at the time of the appointment shall be: 179 180 a) A natural-born Filipino citizen and resident of the Philippines; 181 182 b) At least a holder of a bachelor`s degree in chemical engineering or its equivalent, as 183 conferred by an engineering school of good standing, recognized and accredited by the 184 Government; 185 186 c) A registered chemical engineer who has been in active practice for at least ten (10) 187 years; 188 189 d) A member of good standing of the integrated and duly accredited national chemical 190 engineering profession; and 191 192 e) A person who does not have any pecuniary interest, directly or indirectly in any 193 university, college, school or institution conferring an academic degree necessary for admission 194 to the practice of chemical engineering or where review classes in preparation for the licensure 195 examination are being offered or conducted; nor shall he be a member of the faculty or of the 196 administration thereof at the time of his appointment to the Board. 197 198 SEC. 8. Term of Office. – The Chairman and the Members of the Board shall have a 199 term of three (3) years only, with reappointment. Vacancies shall be filled for the unexpired term 200 only. The Chairman and Members shall qualify by taking the proper oath prior to assumption of 201 office. The incumbent Chairman and Members shall be allowed to serve for the remainder of 202 their term until a new composition of the Board shall have been constituted. 203 204 SEC. 9. Secretary of the Board. – The Board shall have a Secretary, appointed by the 205 Commission, who shall record the minutes of its meetings and perform such other functions as 206 the Board may require. The Commission shall provide for a compensation of the Secretary. 207 208 SEC. 10. Removal/Suspension of the Chairman and Members. The Chairman or any 209 Member of the Board may be suspended or removed by the Commission for neglect of duty, 210 incompetence, commission or tolerance of irregularities in the licensure examination, malpractice 211 or unprofessional or unethical conduct, after due notice and hearing where his right to be heard, 212 to defend himself and to be assisted by counsel shall be respected. 213 214 SEC. 11. Compensation of the Board. – The Chairman and Members of the Board shall 215 receive such compensation or honorarium as may be prescribed by the rules and regulations of 216 the Commission. 217 218 SEC. 12. Annual Report. – The Secretary shall prepare an annual report for the 219 consideration and approval of the Board. The Board shall submit an annual report to the 220 Commission after the close of each fiscal year giving a detailed account of the proceedings of the 221 Board during the year and embodying such recommendations to the Commission as the Board 222 may desire to make. 5  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 223 224 ARTICLE III 225 226 LICENSURE EXAMINATION AND REGISTRATION 227 228 SEC. 13. Examination Requirement. – All applicants for registration for the practice of 229 chemical engineering shall be required to pass the licensure examination prescribed herein. 230 231 SEC. 14. Holding of Examination. – Examination of candidates desiring to practice the 232 chemical engineering shall be given twice each calendar year on the dates and venues prescribed 233 by the Commission. Such examination shall be conducted by the Board. 234 235 SEC. 15. Scope of Examination. – The licensure examination shall cover, but shall not 236 be limited to, the following subjects: Physical and Chemical Principles; General Engineering; 237 and Chemical Engineering: Provided, that the relative weight of Chemical Engineering is not less 238 than forty per centum (40%). 239 240 SEC. 16. Qualifications for Examinations. – Any person applying for admission to the 241 chemical engineering examination must have the following qualifications: 242 243 a) That he/she is a citizen of the Philippines; 244 245 b) That he/she is of good moral character; 246 247 c) That he/she is a graduate of a school, institute, college or university recognized by the 248 Government and has been conferred the degree of Bachelor of Science in Chemical Engineering 249 or its equivalent; and 250 251 d) That he/she has not been convicted of an offense involving moral turpitude by a court 252 of competent jurisdiction. 253 254 SEC. 17. Examination Fees. – Every applicant admitted to take the chemical engineering 255 shall pay such fees as may be prescribed by it before he or she is allowed to take the 256 examination. 257 258 SEC. 18. Report of Rating. – The Board shall complete the correction of examination 259 papers within twenty (20) days from the last day of the examination. The Commission shall 260 report the rating of examinees not more than thirty (30) days after the Board has completed the 261 correction of examination papers. 262 263 SEC. 19. Issuance of Certificate of Registration and Professional Identification Card. – 264 The Commission, on recommendation of the Board, enter in the Roster of Chemical Engineers, 265 and issue a Certificate of Registration and Professional Identification Card to each person who 266 obtained a general average of no less than seventy per centum (70%) and a rating of no less than 267 fifty per centum (50%) in any examination subject. Every Certificate of Registration shall state 268 the full name of the registrant and his registration number, and shall be signed by the Chairman 6  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 269 and Members of the Board and the Commissioner of the Commission and authenticated by the 270 official seal of the Commission indicating that the person named therein is entitled to the practice 271 of the profession with all the privileges appurtenant thereto. The said certificate of registration 272 shall remain in full force and effect until suspended or revoked in accordance with this Act. 273 274 A professional identification card bearing the signature number, date of issuance, expiry 275 date, duly signed by the Chairman of the Commission shall likewise be issued to every registrant 276 who has paid the prescribed fee. 277 278 SEC. 20. Seal of Registered Chemical Engineer. – Each chemical engineer shall, upon 279 registration, obtain a seal as prescribed by the Board bearing the registrant’s name, registration 280 number and the legend “Registered Chemical Engineer”. Plans, specifications, reports and other 281 professional documents prepared by or executed under the supervision of and issued by the 282 registrant shall be stamped on every sheet with said seal when filed with Government authorities 283 or when submitted or used professionally. 284 285 SEC. 21. Fees for Registration. – Every person issued a Certificate of Registration as a 286 registered chemical engineer shall pay to the Commission such fees as the Commission may 287 prescribe. 288 289 SEC. 22. Exemptions from Registration.– Registration shall not be required of the 290 following persons upon proper application for exemption with the Board: 291 292 a) Foreign chemical engineers, recognized as experts in their specific fields of chemical 293 engineering, called in by the Republic of the Philippines for consultation or for a specific design, 294 installation or project: Provided, That their practice shall be confined to such work; and 295 296 b) Foreign chemical engineers, who have distinguished themselves in their respective 297 fields of specialization, contracted as professors or lecturers on chemical engineering subjects by 298 Philippine schools, or colleges, institutes or universities on a direct hire or exchange basis, 299 subject to verification of credentials by the Board. 300 301 SEC. 23. Suspension or Revocation of Certificate of Registration and Certificate of 302 Compliance. – Any of the following shall be sufficient ground for the suspension or revocation 303 of a Certificate of Registration. 304 305 a) Any act of misrepresentation in connection with an alleged performance of chemical 306 engineering devices; 307 308 b) Acts inimical to the chemical engineering profession; and 309 310 c) Gross immorality or commission of any act involving moral turpitude. 311 312 Certificates of Compliance may be suspended or revoked for non-compliance with the 313 provisions of this Act. 314 7  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 315 Complaints against registered chemical engineers and firms employing chemical 316 engineers may be filed by any person or by the Board motu propio. Complaints shall be in 317 writing and sworn to by the persons executing them. Complaints shall be filed with the Secretary 318 of the Board. 319 320 SEC. 24. Reissuance of Revoked Certificate of Registration or Certificate of Compliance 321 and replacement of lost Certificates – The Board may, for reasons it may deem sufficient and 322 upon proper petition, reissue revoked Certificates of Registration or Certificates of Compliance. 323 324 A new Certificate of Registration or Certificate of Compliance may be issued to replace 325 a lost, destroyed or mutilated Certificate, subject to the rules and regulations of the Board, and 326 upon payment of the appropriate fees to the Commission. 327 328 329 330 331 ARTICLE IV. 332 333 PRACTICE OF CHEMICAL ENGINEERING 334 335 SEC. 25. Vested Rights. Automatic Registration of Chemical Engineers – All chemical 336 engineers who are registered at the time this Act takes effect shall automatically be registered. 337 338 SEC. 26. Who may Practice Chemical Engineering – Except as may be provided in this 339 Act, only persons properly licensed and registered may practice chemical engineering. No firm, 340 partnership, corporation or association may be licensed and registered as such for the practice of 341 chemical engineering, but duly licensed and registered chemical engineer may form partnerships 342 among themselves or with other licensed and registered engineers and architects and use the title 343 “Chemical Engineers,” “Engineers,” or Engineers and Architects” in their partnership name. 344 345 SEC. 27. Prohibitions in the Practice of Chemical Engineering – No person shall 346 practice chemical engineering or render chemical engineering service without a valid certificate 347 of registration and a valid professional identification card. Any person who shall commit the 348 following acts shall be guilty of misdemeanor: 349 350 a) Practice chemical engineering or render chemical engineering services, or pass 351 himself off or advertise himself as a chemical engineer without a valid certificate of registration 352 or when such has been suspended or revoked; 353 354 b) Attempt to use as his own the certificate or seal of another person or impersonate any 355 registered chemical engineer; or 356 357 c) Furnish the Board or Commission may false information or document in order to 358 secure a Certificate of Registration. 359 8  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 360 SEC. 28. Roster of Chemical Engineers – The Commission shall keep a roster of all duly 361 licensed and registered chemical engineers, stating their names, registration numbers and places 362 of business. The Commission shall regularly update such roster and make it available to all 363 interested parties. 364 365 SEC. 29. Submission of Designs and Specifications for Government Approval – Any 366 proposal, design, specification, working drawings or plan for an industrial plant or any part 367 thereof submitted to any government agency, national or local, including government-owned or 368 controlled corporations, shall not be processed or approved, nor shall such plant be issued any 369 permit, license, franchise, authorization or certification, unless such proposal, design, 370 specification, working drawing or plan is signed by a registered chemical engineer, with seal and 371 registration number affixed thereto. 372 373 SEC. 30. Foreign Reciprocity. – No foreign chemical engineer shall be granted any of 374 the right or privilege under this Act unless the country of which he is a subject or citizen grants 375 the same or similar rights or privilege to Filipino chemical engineers. 376 377 SEC. 31. Act not Affecting Other Professions. – This Act shall not be construed to affect 378 or prevent the practice of any other lawfully recognized profession. 379 380 SEC. 32. Indication of License Number and Privilege Tax Receipt Payment – The 381 chemical engineer shall be required to indicate his Certificate of Registration, Professional 382 Identification Card Number, date of issuance and the duration of validity, including the Privilege 383 Tax Receipt (PTR) of the documents he signs, uses or issues in connection with the practice of 384 his profession. 385 386 SEC. 33. Membership in the Integrated and Accredited Professional Organization – 387 there shall be an integrated national organization of chemical engineers duly accredited by the 388 Board and the Commission. A chemical engineers duly registered with the Board shall 389 automatically become a member of the accredited organization, and shall receive the benefits 390 appurtenant thereto upon payment of the required fees and dues. Membership in the integrated 391 and accredited national organization shall not be a bar to membership in other associations of 392 chemical engineers. 393 394 ARTICLE V. 395 396 GENERAL PROVISIONS 397 398 SEC. 34. Penal Clause – Any person who shall violate any of the provisions of this Act 399 shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than 400 Ten thousand pesos (P10,000) nor more than One million pesos (P1,000,00.00) or imprisonment 401 for a period of not less than six (6) months nor more than five (5) years or both at the discretion 402 of the court. 403 404 SEC. 35. Enforcement Assistance to the Board – The Board shall be assisted by the 405 Commission in carrying out the provisions of this Act and its implementing rules and regulations 9  S. No. 2685 From the Webpage of PIChE H. No. 46 http://www.piche.org.ph 406 and other policies. The lawyers of the Commission shall act as prosecutors against illegal 407 practitioners and other violators of this Act and its rules. The duly constituted authorities of the 408 government shall likewise assist the Board and the Commission in enforcing the provisions of 409 this Act and its rules. 410 411 SEC. 36. Implementing Rules and Regulations – Subject to the approval of the 412 Commission, the Board shall adopt and promulgate such rules and regulations including the 413 Code of Ethics and Code of Technical Standards for Chemical Engineers to carry out the 414 provisions of this Act, which shall be effective after thirty (30) days following their publication 415 in the Official Gazette or in a major newspaper of general circulation. 416 417 SEC. 37. Separability Clause. – If any section of this Act shall be declared 418 unconstitutional or invalid, such shall not invalidate any other section of this Act. 419 420 SEC. 38. Repealing Clause.– Republic Act No. 318 is hereby repealed and all other laws, 421 decrees, orders, rules and regulations, ordinances, other issuances or parts thereof which are 422 inconsistent with this Act are hereby superseded, repealed or amended accordingly. 423 424 SEC. 39. Effectivity. – This Act shall take effect fifteen (15) days following its 425 publication in the Official Gazette or in any major newspaper of general circulation. 426 10