Medical Technology Law RA 5527 PDF

MEDICAL TECHNOLOGY LAW REPUBLIC ACT NO. 5527 REPUBLIC ACT NO. 5527 (R.A. 5527) DATE OF APPROVAL: JUNE 21, 1969 TERM: Marcos Administration SIGNATORIES: Gil J. Puyat (SENATE PRESIDENT) Eliseo M. Tenza (SECRETARY OF SENATE) J.B. Laurel Jr....

MEDICAL TECHNOLOGY LAW REPUBLIC ACT NO. 5527 REPUBLIC ACT NO. 5527 (R.A. 5527) DATE OF APPROVAL: JUNE 21, 1969 TERM: Marcos Administration SIGNATORIES: Gil J. Puyat (SENATE PRESIDENT) Eliseo M. Tenza (SECRETARY OF SENATE) J.B. Laurel Jr. (SPEAKER OF THE HOUSE) Inocencio B. Pareja (SECRETARY OF THE HOUSE) Ferdinand E. Marcos (PRESIDENT OF THE PHILIPPINES) NUMBER OF SECTIONS: 32 SECTIONS OF R.A. 5527 SECTION 1: TITLE Philippine Medical Technology Act of 1969 SECTION 2: DEFINITION OF TERMS TERM DEFINITION An auxiliary branch of laboratory medicine which deals with the examination by various chemical, microscopic, bacteriologic and other medical laboratory procedures or technique MEDICAL TECHNOLOGY which will aid the physician in the diagnosis, study and treatment of disease and in the promotion of health in general. A duly registered physician who is specially trained in methods of laboratory medicine, of the gross and microscopic study and interpretation of tissues, secretions and excretions of the PATHOLOGIST human body and its functions in order to diagnose disease, follows its course, determine the effectivity of treatment, ascertain cause of death and advance medicine by means of research. 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 MEDICAL TECHNOLOGIST pathologist and who having passed a 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. A person who not being a graduate of Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene, but having passed the corresponding civil service examination, performs MEDICAL TECHNICIAN the work of medical technology under the supervision of a registered medical technologist and/or qualified pathologist. SECTIONS OF R.A. 5527 SECTION 2: DEFINITION OF TERMS TERM DEFINITION ACCREDITED MEDICAL A clinical laboratory, office, agency, clinic, hospital sanitarium duly approved by the TECHNOLOGY TRAINING Department of Health or its authorized agency. LABORATORY Any school, college or university which offers a course in Medical Technology RECOGNIZED SCHOOL OF approved by the Department of Education in accordance with MEDICAL TECHNOLOGY the requirements under this Act, upon recommendation of the council of medical technology education. COUNCIL The Council of Medical Technology Education established under this Act. BOARD The Board of Examiners for Medical Technology established under this Act. SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY EDUCATION, ITS COMPOSITION ORIGINAL COMPOSITION CHAIRMAN: Secretary of Education OR Director of Private Education VICE-CHAIRMAN: Director of the Bureau of Research and Laboratories of the Department of Health MEMBERS: ✓ Chairman and two members of the Board of Medical Technology, ✓ Dean of the Institute of Hygiene of the University of the Philippines, ✓ A representative of the deans or heads of the private schools of medical technology ✓ The president of the Philippine Association of Medical Technologists (PAMET) ✓ The president of the Philippine Society of Pathologists (PSP) SECTIONS OF R.A. 5527 SECTION 4: COMPENSATION AND TRAVELING EXPENSES OF COUNCIL MEMBERS 25 Php FOR EVERY MEETING ACTUALLY ATTENDED MEETINGS AUTHORIZED PER DEIM SHALL NOT EXCEED TWICE IN A MONTH OFFICIALS RECEIVING REGULAR SALARIES FROM THE GOVERNMENT SHALL NOT RECEIVE PER DEIM. SECTION 5: FUNCTIONS OF THE COUNCIL OF MEDICAL TECHNOLOGY ✓ To recommend the minimum required curriculum for the course of medical technology. ✓ To determine and prescribe the number of students to be allowed to take up the medical technology course in each school, taking into account the student-instructor ratio and the availability of facilities for instruction. ✓ To approve medical technology schools meeting the requirements and recommend closure of those found to be substandard. To require all medical technology schools to submit an annual report, including the total number of students and instructors, a list of facilities available for instruction, a list of their recent graduates and new admissions, on or before the month of June. ✓ To inspect, when necessary, the different medical technology schools in the country in order to determine whether a high standard of education is maintained in said institutions. ✓ To certify for admission into an undergraduate internship students who have satisfactorily completed three years of the medical technology course or its equivalent and to collect from said students the amount of five pesos each which money accrue to the operating fund of the council. ✓ Formulate and recommend approval of refresher course for applicants who shall have failed the Board Examination for the third time. ✓ To promulgate and prescribe and enforce necessary rules and regulations for the proper implementation of the foregoing functions. SECTIONS OF R.A. 5527 SECTION 6: MINIMUM REQUIRED COURSE MEDICAL TECHNOLOGY COURSE SHALL BE AT LEAST 4 YEARS SHALL INCLUDE A 12 MONTH SATISFACTORY INTERNSHIP IN ACCREDITED LABORATORIES SHALL INCLUDE THE FOLLOWING SUBJECTS: -ENGLISH -GENERAL PATHOLOGY -GROSS ANATOMY -COLLEGE PHYSICS -BIOCHEMISTRY -MICROBIOLOGY -SOCIAL SCIENCE -GENERAL CHEMISTRY -SPANISH -STATISTICS -HISTOLOGY -CLINICAL LABORATORY METHODS -GENERAL ZOOLOGY -QUALITATIVE CHEMISTRY -PHYSIOLOGY -BOTANY -CLINICAL PARASITOLOGY -MATHEMATICS -QUANTITATIVE CHEMISTRY (HEMATOLOGY, SEROLOGY, BLOOD BANKING, CLINICAL MICROSCOPY, APPLIED MICROBIOLOGY, AND PARASITOLOGY, HISTOPATHOLOGIC TECHNIQUES, AND CYTO-TECHNOLOGY) 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. SECTIONS OF R.A. 5527 SECTION 7: BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY COMPOSITION OF THE BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY ✓ CHAIRMAN: PATHOLOGIST APPOINTED BY THE PRESIDENT OF THE PHILIPPINES (FROM PSP) ✓ MEMBERS: TWO MEMBERS WHO ARE REGISTERED MEDICAL TECHNOLOGISTS APPOINTED BY THE PRESIDENT OF THE PHILIPPINES (FROM PAMET) ONLY THE PRESIDENT MAY APPOINT/REMOVE THEM FROM THE POSITION EACH ONE OF THEM SHALL SERVE A TERM OF 3 YEARS NO MEMBER SHALL BE ALLOWED FOR MORE THAN ONE RE-APPOINTMENT THE PRESIDENT OF THE PHILIPPINES SHALL FILL THE VACANCY THAT MAY OCCUR BUT THE APPOINTEE SHALL SERVE ONLY THE UNEXPIRED TERM OF THE INCAPACITATED MEMBER LATEST BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY CHAIRMAN 1. Dr. Marilyn A. Cabal-Barza MEMBERS 2. Ms. Leila Lany M. Florento 3. Ms. Maria Lourdes L. Gatbonton SECTIONS OF R.A. 5527 SECTION 8: QUALIFICATIONS OF EXAMINERS QUALIFICATIONS: ✓ FILIPINO CITIZEN ✓ GOOD MORAL CHARACTER ✓ QUALIFIED PATHOLOGIST OR DULY REGISTERED MEDICAL TECHNOLOGIST OF THE PHILIPPINES WITH THE DEGREE OF BACHELOR OF SCIENCE IN MEDICAL TECHNOLOGY/BACHELOR OF SCIENCE IN HYGIENE ✓ NOT A MEMBER OF THE FACULTY OF ANY MEDICAL TECHNOLOGY SCHOOL, OR HAVE ANY PECUNIARY INTEREST, DIRECT OR INDIRECT, IN SUCH INSTITUTION *AFTER 3 YEARS OF APPROVAL, THE REQUIRED TERM SHALL BE REDUCED TO 5 YEARS. SECTION 9: EXECUTIVE OFFICER OF THE BOARD THE COMMISSIONER OF CIVIL SERVICE SHALL BE THE EXECUTIVE OFFICER OF THE BOARD. HE/SHE SHALL ALSO BE THE SECRETARY OF THE BOARD. ROLE: ✓ SHALL KEEP A REGISTER OF ALL PERSONS TO WHOM CERTIFICATES OF REGISTRATION HAVE BEEN GRANTED. SECTION 10: COMPENSATION OF MEMBERS OF THE BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY EACH MEMBER OF THE BOARD SHALL RECEIVE: 10 Php: FOR EACH APPLICANT EXAMINED 5 Php: FOR EACH APPLICANT GRANTED A CERTIFICATE OF REGISTRATION (COR) SECTIONS OF R.A. 5527 SECTION 11: FUNCTIONS AND DUTIES OF THE BOARD ✓ Administer the provisions of this Act ✓ Administer oaths in connection with the administration of this Act ✓ Issue, suspend, and revoke certificates of registration for the practice of medical technology ✓ Look into conditions affecting the practice of medical technology in the Philippines and, whenever necessary, adopt such measures as may be deemed proper for the maintenance of good ethics and standards in the practice of medical technology ✓ Investigate such violations of this Act or of the rules and regulations issued thereunder as may come to the jurisdiction of the Board and, for this purpose issue subpoena and subpoena duces tecum to secure appearance of witnesses and promulgations of documents in connection with charges presented to the Board ✓ 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 SECTION 12: REMOVAL OF BOARD MEMBERS GROUNDS FOR REMOVAL OF BOARD MEMBERS: ✓ NEGLECT OF DUTY, ✓ INCOMPETENCY, ✓ MALPRACTICE OR UNPROFESSIONAL, UNETHICAL, IMMORAL OR DISHONORABLE CONDUCT REMOVAL OF ANY MEMBER OF THE BOARD CAN BE DONE ONLY BY THE PRESIDENT OF THE PHILIPPINES. The member shall be given opportunity to defend himself in a proper administrative investigation. 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. SECTIONS OF R.A. 5527 SECTION 13: ACCREDITATION OF SCHOOLS OF MEDICAL TECHNOLOGY AND OF TRAINING LABORATORIES DEPARTMENT OF EDUCATION SHALL APPROVE SCHOOLS OF MEDICAL TECHNOLOGY DEPARTMENT OF HEALTH (NOW: CHED) SHALL APPROVE LABORATORIES FOR ACCREDITATION AS TRAINING LABORATORIES FOR MEDICAL TECHNOLOGY STUDENTS OR POST-GRADUATE TRAINEES. 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 from the Board provided that registration shall not be required of the following: EXEMPTIONS (NOT REQUIRED TO SECURE CERTIFICATE OF REGISTRATION) ✓ Duly registered physicians ✓ Medical technologists from other countries called in for consultation or as visiting or exchange professors to colleges or universities ✓ Medical technologists in the service of the United States Armed Forces stationed in the Philippines SECTION 15: EXAMINATION All applicants for registration as medical technologists shall be required to undergo a WRIITEN EXAMINATION which shall be given by the Board ANNUALY in the GREATER MANILA AREA, CEBU and DAVAO during the month of AUGUST or SEPTEMBER on such days and places as the Board may designate. Written notices of such examination shall be published in AT LEAST THREE NEWSPAPERS of national circulation by the Secretary of the Board at least 30 DAYS days prior to the date of examination. SECTIONS OF R.A. 5527 UPDATE: EXAMINATION SITES: EXAMINATION DATES: MANILA, Baguio, Cagayan de ✓ WEEKDAYS: WEDNESDAY AND THURSDAY Oro, Cebu, Davao, Iloilo, ✓ WEEKENDS: SATURDAY AND SUNDAY Koronadal, Legazpi, Lucena, Pagadian, Pampanga, Rosales, Tacloban, Tuguegarao and *EXAMINATION SITE CHANGES DEPENDING ON THE Zamboanga VOLUME OF LICENSURE EXAM TAKERS SECTION 16: QUALIFICATION FOR EXAMINATION QUALIFICATIONS: IF FOREIGNER: ABIDE SECTION 27 OF RA 5527 ✓ GOOD HEALTH AND IS OF GOOD MORAL CHARACTER RESIDENCY: AT LEAST 3 YEARS BEFORE EXAM APPLICATION; CERTIFIED BY: ✓ COMPLETED BSMT OR BS HYGIENE BUREAU OF IMMIGRATION ✓ OTHER PARAMEDICAL COURSES PERFORMING MT FOR THE LAST FIVE YEARS NON-MEDTECH GRADUATE WITH 5 YEARS OF EXPERIENCE: (IF FOREIGNER, ABIDE BY SECTION 27) ____________ MEDTECH GRADUATE WITH 3 YEARS OF EXPERIENCE: LAST DAY OF APPLICATION FOR _________________ EXAMINATION NON-MEDTECH GRADUATE WITH 8 YEARS OF EXPERIENCE: 20 DAYS BEFORE THE DATE ____________ OF EXAMINATION *PROVIDED THAT THIS TOOK PLACE BEFORE ___________________________ SECTIONS OF R.A. 5527 SECTION 17: SCOPE OF COVERAGE AND EXAMINATION SUBJECTS RELATIVE WEIGHT CLINICAL CHEMISTRY 20% MICROBIOLOGY AND PARASITOLOGY 20% HEMATOLOGY 20% BLOOD BANKING AND SEROLOGY 20% CLINICAL MICROSCOPY 10% (URINALYSIS AND OTHER BODY FLUIDS) HISTOPATHOLOGIC TECHNIQUES 10% NOTE: The Board shall prepare the schedule of subjects for examination and to submit the same to the COMMISSIONER OF CIVIL SERVICE for publication at LEAST 4 MONTHS before the date of examination. The Board shall compute the general average of each examinee according to the abovementioned relative weights of the subjects: 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 council. SECTIONS OF R.A. 5527 SECTION 18: REPORT OF RATING The Board shall, within 120 DAYS after the date of completion of the examination, report the result thereof to the Commissioner of Civil Service, who shall submit such result to the President of the Philippines for approval. PROCESS: UPDATE: The Professional Regulation Commission (PRC) releases the Board Examination results within 3 WORKING DAYS. SECTION 19: RATINGS IN THE EXAMINATION 3 CRITERIA TO PASS THE LICENSURE EXAMINATION: ✓ A GENERAL AVERAGE OF AT LEAST SEVENTY-FIVE PER CENT IN THE WRITTEN TEST ✓ NO RATING BELOW FIFTY PERCENT IN ANY OF THE MAJOR SUBJECTS ✓ HAS NOT FAILED IN AT LEAST SIXTY PERCENT OF THE SUBJECTS COMPUTED ACCORDING TO THEIR RELATIVE WEIGHTS NOTE: No further examination will be given an applicant who has not qualified after three examinations, unless and until he shall have completed 12 months refresher course in an accredited medical technology school or 12-month postgraduate training in an accredited. SECTIONS OF R.A. 5527 OPTIONS FOR REFRESHER COURSE: ✓ 1 YEAR IN THE ACADEME ✓ 1 YEAR HOSPITAL EXTERNSHIP INSTITUTIONS THAT OFFER REFRESHER COURSE: ✓ CENTRO ESCOLAR UNIVERSITY (CEU) ✓ TRINITY UNIVERSITY OF ASIA (TUA) ✓ ILIGAN MEDICAL CENTER COLLEGE 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. SECTIONS OF R.A. 5527 SECTION 21: ISSUANCE OF CERTIFICATE OF REGISTRATION Every applicant who has satisfactorily passed the required examination, shall be issued a CERTIFICATE OF REGISTRATION as Medical Technologist: provided, that no such certificate shall be issued to any successful applicant who has not attained the age of 21. All certificates shall be signed by ALL MEMBERS OF THE BOARD and attested by its SECRETARY. (UPDATE: also includes the signature of CHAIRMAN) The duly registered medical technologist shall be required to display his certificate of registration in the place where he works. (HOW ABOUT IF ONE IS NOT AWARE OF THE LAW? _________________________________) THE BOARD MAY ISSUE C.O.R WITHOUT EXAMINATION TO THE FOLLOWING: ✓ GRADUATE OS BSH/BSMT, FOREIGN COUNTRIES WITH 3 YEARS IN THE PRACTICE, ✓ GRADUATE OF PARAMEDICAL PROFESSION WITH 5 YEARS EXPERIENCE _____________________________________________________________________________ SECTION 22: FEES AMOUNT PURPOSE/TRANSACTION 50 Php EACH APPLICANT FOR EXAMINATION AND REGISTRATION 25 Php ISSUANCE OF C.O.R WITHOUT EXAMINATION 10 Php ISSUANCE OF NEW CERTIFICATE SECTIONS OF R.A. 5527 SECTION 23: REFUSAL TO ISSUE CERTIFICATE GROUNDS FOR REFUSAL TO ISSUE C.O.R: ✓ CONVICTED BY A COURT of competent jurisdiction of any guilty of immoral or dishonorable conduct, ✓ UNSOUND MIND, OR ✓ INCURABLE COMMUNICABLE DISEASE, SECTION 24: ADMINISTRATIVE INVESTIGATION-REVOCATION OR SUSPENSION OF CERTIFICATES Administrative investigations shall be conducted by at LEAST 2 MEMBERS of the Board with 1 LEGAL OFFICER. SUSPENSION: MAJORITY VOTE ; SHALL NOT EXCEED 2 YEARS REVOCATION: UNANIMOUS VOTE OF ALL THE THREE MEMBERS OF THE BOARD NOTE: 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 30 days after the decision becomes final. Failure to do so may lead to perpetual disqualification from the practice of medical technology in the Philippines. The suspension shall run from the date of such surrender. SECTIONS OF R.A. 5527 SECTION 25: APPEAL The revocation or suspension of a certificate made by the Board shall be subject to appeal to the CIVIL SERVICE COMMISSIONER whose decision shall become final 30 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, RE-ISSUE, OR REPLACEMENT OF CERTIFICATES The Board may, upon application and for reason deemed proper and sufficient, reissue any revoked registration certificate. The suspension of a certificate of registration shall be automatically lifted upon the expiration of the period of suspension and said 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. SECTIONS OF R.A. 5527 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 which he is a subject or a citizen permits Filipino Medical Technologists to practice within its territorial limits on the same basis as the subjects or citizens of said country or state. SECTION 28: ROSTER OF MEDICAL TECHNOLOGISTS A roster of Medical Technologists shall be prepared ANNUALY by the SECRETARY OF THE BOARD, commencing on the year following that in which the Act shall become effective. The roster shall be open to public inspection, and copies thereof shall be mailed to each person included therein, placed on file in the Office of the President, furnished all Department Heads and all agencies, offices and instrumentalities of the Department of Health and to such other offices, private or governmental, and to the public upon request. SECTIONS OF R.A. 5527 SECTION 28: ROSTER OF MEDICAL TECHNOLOGISTS ROSTER OF MEDICAL TECHNOLOGISTS SHALL CONTAIN: ✓ NAME ✓ ADDRESS ✓ CITIZENSHIP ✓ DATE OF ISSUANCE OR ISSUANCE OF CERTIFICATE ✓ OTHER DATA WHICH IN THE OPINION OF THE BOARD ARE PERTINENT SECTION 29: PENAL PROVISIONS Without prejudice to the provision of the Medical Act of 1959 as amended, pertaining to illegal practice of Medicine, the following shall be punished by a fine of not less than two thousand pesos nor more than five thousand pesos, or imprisonment for not less than six months nor more than two years, or both in the discretion of the court: (a) Any person who shall practice Medical Technology in the Philippines without being registered or exempted from registration in accordance with the provisions of the Act; (b) Any medical technologist, even if duly registered, who shall practice medical technology in the Philippines without the necessary supervision of a qualified pathologist or physician authorized by the Department of Health; SECTIONS OF R.A. 5527 SECTION 29: PENAL PROVISIONS (c) Any medical technologist who shall knowingly made a fraudulent laboratory report; (d) Any duly registered medical technologist who shall refuse or fail, after due warning by the Board to display his certificate of registration in the place where he works; (e) Any person presenting or attempting to use as his own, the certificate of registration of another; (f) Any person who shall give any false or fraudulent device of any kind to the Board of any member thereof obtaining a certificate of registration as Medical Technologist; (g) Any person who shall impersonate any registrant of a fake or the same name; (h) Any person who shall attempt to use a revoked or suspended certificate of registration; (i) Any person who shall in connection with his name otherwise, assume, use or advertise any title or description tending to convey the impression that he is a Medical Technologist without holding a valid certificate of registration; (j) Any person who shall violate any provision of this Act; or (k) Any person or corporate body who shall violate the rules and regulations of Board or orders promulgated by it after having been duly approved and issued by the President of the Philippines upon recommendation of the SECTIONS OF R.A. 5527 SECTION 30: SEPARABILITY CLAUSE If any provision of this Act or the application of such provision to any person or circumstance is declared invalid by a court of competent jurisdiction, the remainder of this Act or of the application of such provision to other persons or circumstances shall not be affected by such declaration. SECTION 31: REPEALING CLAUSE All Acts, executive orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed: Provided, however, That nothing in this Act shall be construed as repealing or amending any portion of the Medical Act of 1959 (R.A. 2382, as amended by R.A. 4224), the Clinical Laboratory Act of 1966 (R.A. 4688), and the Blood Banking Law of 1956 (R.A. 1517). SECTION 32: EFFECTIVITY This Act shall take effect upon its approval.