Republic Act 7431 (1992) PDF

REPUBLIC ACT : 7431 RADIOLOGIC TECHNOLOGY ACT OF 1992  R.A. 7431 – born February 27, 1992 Code of Ethics – May 28, 1993 Corazon C. Aquino – President Neptali A. Gonzales – Senate President (Upper House) Ramon V. Mitra Jr. – House Speaker ( Lower House ) DOH Secretary : Dr. Ju...

REPUBLIC ACT : 7431 RADIOLOGIC TECHNOLOGY ACT OF 1992  R.A. 7431 – born February 27, 1992 Code of Ethics – May 28, 1993 Corazon C. Aquino – President Neptali A. Gonzales – Senate President (Upper House) Ramon V. Mitra Jr. – House Speaker ( Lower House ) DOH Secretary : Dr. Juan Flavier This Act which is a consolidation of House Bill no. 34221 and Senate Bill No. 1873 was finally passed by the House of Representatives and Senate on February 7, 1992 and February 6, 1992, respectively. The Rules and Regulations governing the examination, registration, licensure, and practice of radiologic and x-ray technology were promulgated on September 20, 1993.  Anaceto D. Badoy, Jr – Secretary of the Senate Camilo L. Sabio – Secretary General Hermojenes Pubre – PRC Commissioner/ Commissioner Chairman Sen. Jinggoy Estrada – Proposes that the Board of Radtech must be all radtechs. CHAIRMAN AND MEMBERS OF THE FIRST BOARD OF RADIOLOGIC TECHNOLOGY (BORT) Fortunato C. Gabon – First Chairman of the Board of Rad tech. With Jose T. Gaffud, Editha C. Mora, Dexter R. Rodelas and Dr. Eulinia M. Valdezco as MEMBERS Recomedes Gopez – Second Chairman of the Board of Rad Tech. With Mario O. Chavez, Lorenzo A. Reveldez, Jr. eulinia M. Valdezco, Orestes P. Monzon, MD as MEMBERS Wilhemina Gana – Third Chairman and the Present chairwoman of the Board of rad. Tech. With Zaldy M. Ambon, Cecilia S. Mananghayan, Bayani C. San Juan, Orestes P. Monzon as MEMBERS REPUBLIC ACT : 7431 RADIOLOGIC TECHNOLOGY ACT OF 1992 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) Section 1 Title This act shall be known and cited as the “RADIOLOGIC TECHNOLOGY ACT OF 1992” Section 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 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.  Section 3 Definition of Terms As used in this act, the following terms 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. a. 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. b. X-ray Technologist – is a bonafide holder of a certificate of registration for X-ray Technology issued by the Board of Radiologic technology in accordance with this act? c. Radiologic Technologist – is a bonafide holder of certificate of registration for Radiologic Technology issued by the Board of Radiologic Technology in accordance with this act. d. Radiology – is a branch of medical science which deals with the use of radiation in the diagnosis, treatment and research of diseases. e. Radiologist – is a licensed physician who specializes in the diagnosis or treatment of diseases with the use of radiation f. Medical Physicist – is the physicist who specializes application of the principles and techniques of physics in medicine.  Section 4 Practice of X-ray Technology The practice of x-ray technology shall include any and all by which one renders, furnishes, or contracts to render or furnish professional service as an x-ray technologist. An x-ray technologist shall also be considered in the practice of his profession in 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. Section 5 Practice of Radiologic 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 Radiologic technologist. A Radiologic technologist shall also 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.  Section 6 Creation of 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 technologist from a list to be submitted by the association of Radiologic technologist; one (1) radiologist from a list to be submitted by the association of radiologist; and one (1) physicist from a list to be submitted by the association of medical physicist: provided, however, that the said association are accredited in accordance with Presidential Decree Numbered Two Hundred and twenty three: Provided further, That each person whose name is submitted shall posses the qualifications prescribed in Section 7 of this Act.  Section 7 Qualification of Board of 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 a 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. a. Three (3) members of the Board, including the Chairman, shall at a time of their appointment: 1. be a Radiologic technologist; and 2. have at least (10) years practice as Radiologic technologist prior to their appointment: Provided, That the three (3) Radiologic technologist appointed as members of the first Board shall be deemed automatically registered as Radiologic technologists upon assumption of their duties as members. a.One (1) member of the Board shall at a time of his appointment: 1.be a radiologist; and 2.Has at least ten (10) years practice as a radiologist; prior to his appointment. a.One (1) member of the Board shall at a time of his appointment: 1.be a medical physicist; and 2.Has at least ten (10) years practice as a medical physicist.  Section 8 Term of Office The members of the Board shall hold office for 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.  Section 9 Duties and Functions of the Board 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, alter 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 regulation issued there under, as may come to the knowledge of the Board and, for this purpose , to issue subpoena and subpoena duces tecum to allege 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; Subpoena – a written order to appear in court as witness Subpoena duces tecum – a written order to appear in court as a witness with the necessary documents. Summons – a written order to appear in court as a respondent or dependant. a. To conduct yearly board examinations to Radiologic technology and x-ray technology examinees under the supervision of the Professional Regulation Commission; b. 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 my be deemed necessary for the maintenance of the standard and ethics of the profession; c. To promulgate such rules and regulation 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 d. 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 receive the same compensation as members of the Boards under the supervision of the Commission as provided for 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 examination, after having been given the opportunity to depend himself in the 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, and records of administrative cases and investigations of the Board shall be kept by the Commission. Section 13 Rules and Regulation 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 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 for Examination in X-ray Technology Examination shall not be required of the following persons: a. The first member of the Board of Radiologic Technology as provided in Section 7(b) here of; and b. Those who prior to the approval of this Act, have passed the Civil Service examination for x-ray technicians, or examination for the private sector x-ray technician, or the examination for chest v-ray technicians, or 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 technologist.  Section 17 Exemption from Examination in Radiologic Technology Examination shall not be required of the following persons: a. The first member of the Board of Radiologic Technology as provided in Section 7(b) here of; and b. Radiologist 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 Heath Office, Radiological Health Service or Radiation Health Service, with ten (10) years continuous practice of radiologic technology after passing one of the 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 specially allowed under the provisions of this Act and other existing 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 Qualification 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 school, college or university recognized by the Government if he applies for the x-ray technology examination.  Section 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: Radiation Physics 10% Radiology and Radiation Protection 10% Equipment Maintenance 10% Radiographic Positioning 10% Radiographic Technique 10% Special Procedures 10% Anatomy, Physiology and Medical Terminology 15% Photochemistry and Darkroom Procedures 10% Film Analysis 5% Nursing and Department Procedures in Radiology 5% Professional Ethics 5%  Section 21 Scope of Examination in Radiologic 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: Radiation Physics and Equipment Maintenance 10% Radiology and Radiation Protection 10% Radiographic Positioning 10% Radiographic Technique 10% Special Procedures 10% Anatomy, Physiology and Medical Terminology 10% Photochemistry and Film Analysis 10% Nursing and Department Procedures in Radiology and Professional Ethics 5% Ultrasound 5% Nuclear Medicine 5% Radiologic Pathology 5% Computed Tomography/Magnetic Resonance Imaging 5%  Section 22 Report Ratings The board shall, within one hundred twenty 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 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.  Section 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 technologist. Section 24 Issuance of Certificates of Registration Every applicant who has satisfactorily passed the required examination shall, upon payment of the registration fee as provided as in Section 25, be issued a certificate of registration as radiologic technologist and/or x-ray technologist.  Section 25 Fees Unless otherwise fixed by the Commission, each examinee or registrant shall pay the following fees: ▪ For application for examination Php 350.00 ▪ For registration after passing the board examinations Php 250.00 ▪ For registration without examination Php 250.00 ▪ For replacement of lost or destroyed certificate of registration Php 100.00 ▪ For reissuance of revoked certificate Php 100.00  Section 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 judgement, be punished with a fine of not less than Ten Thousand Pesos (10,000.00 Php) nor more than Forty Thousand Pesos (40,000.00 Php), or by imprisonment of not less than one (1) year nor more than six (6) years, or both at the discretion of the court. ▪ Without a certificate of registration in accordance with the provisions of this Act. ▪ Presenting or using as his own the certificate of registration of another person. ▪ Using an expired license, or suspended or revoked certificate of registration. ▪ Giving any false or forged evidence to the Board of Radiologic Technology in order to obtain a certificate of registration. ▪ 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 ▪ Violation of any of the provision or provisions of this Act.  Section 27 Appropriation 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. Section 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. 29. - (This Section is missing in the original text) Section 30 Affectivity Clause This Act shall take effect one (1) month after its publication in any newspaper of general circulation. As of 2013, there are 46 Philippine Regulatory Boards, which include the Board of Radiologic Technology ❖CONTINUING PROFESSIONAL EDUCATION ▪ EXECUTIVE ORDER NO. 266 Is the institutionalization of the CPE program of the various professional regulatory board under the supervision of Professional Regulation Commission (PRC) which was issued on July 25, 1995. ▪ SECTION 5 ARTICLE 2 of the 1997 Constitution which promotes for the protection of Life, Liberty and Property and the promotion of general welfare are essential for the enjoyment by all the people of the blessings of democracy ▪ SECTION 14 ARTICLE 12 of the 1997 Constitution provides the promotion by the state to sustain development of a reservoir of the national talents consisting of Filipino Scientist, Enterprise Professional, Managers, High-Level Technical Manpower and Skilled Workers and Craftsman in all fields shall be promoted.