RA 5527 (Medical Technology Act) PDF

REPUBLIC ACT NO. 5527 Philippine Medical Technology Act of 1969 OUR LADY OF FATIMA UNIVERSITY COLLEGE OF MEDICAL LABORATORY SCIENCE Medical Technology Laws and Bioethics (MTLB211) Sherlyn Joy P. Isip, RMT, MSMT Primary purpose of R.A. No....

REPUBLIC ACT NO. 5527 Philippine Medical Technology Act of 1969 OUR LADY OF FATIMA UNIVERSITY COLLEGE OF MEDICAL LABORATORY SCIENCE Medical Technology Laws and Bioethics (MTLB211) Sherlyn Joy P. Isip, RMT, MSMT Primary purpose of R.A. No. 5527 to ensure that the professional services expected from medical technologists are to be rendered by competent and licensed individuals to protect the health and physical welfare of the public from the risks caused by unlicensed practice Nature of R.A. No. 5527 Special Penal Law prohibits certain acts and establishes penalties for their violations defines crimes, treats of their nature, and provides for their punishment TOPIC OUTLINE: R.A 5527 is summarized into three parts: The training: 3,4,5,6 and 13 The practice: 7-12, 20-26 and 28-29 The examination: 15-19 and 27 Consist of 32 sections  "Philippine Medical Technology Act of 1969" An act requiring the registration of Medical Technologists, defining SECTION their practice, and other purposes. 1: TITLE Approved: June 21, 1969 Signed by: Former President Ferdinand E. Marcos (August 14,1969)  Medical Technology An auxiliary branch of laboratory medicine which deals with the examinations by various chemical, SECTION 2: microscopic, bacteriologic and other DEFINITION OF medical laboratory procedure or techniques which will aid the physician in TERMS the diagnosis, study and treatment of the diseases and in the promotion of health in general. 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 effect of treatment, ascertain cause of death and advance medicine by means of research. Medical Technologist A person who engages in the work of medical technology under the supervision of a Pathologist or licensed physician authorize by the DOH in places where there is no pathologist and who having passed the prescribed course (BSMT/BSH) of training and examination is registered under the provision of this act. Medical Technician 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 the work of medical technology under the supervision of a registered medical technologist and/or qualified pathologist. Accredited Medical Technology Training Laboratory A clinical laboratory, office, agency, clinic, hospital or sanitarium duly approved by the DOH or its authorized agency. Recognized School of Medical Technology Any school, college, or university which offers a course in Medical Technology approved by Department of Education in accordance with 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 under this act. SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY Chairman: Secretary of Education or Director of Private Education Vice-Chairman: Director of Bureau of Research and Laboratories of the DOH Members: ü One (1) Chairman and Two (2) members of the Board of Medical Technology ü Dean of the Institute of Health of UP ü A representative of the deans or heads of the Privates schools of medical technology ü President of PAMET (Philippine Association of Medical Technologists) ü President of PSP (Philippine Society of Pathologists)  The chairman and members of the Council shall be entitled to a twenty-five pesos per diem for every meeting actually attended. SECTION 4: COMPENSATION AND TRAVELING Officials receiving regular salaries from the Government EXPENSES OF shall not receive per diem. COUNCIL MEMBERS Chairman and members shall be entitled to traveling expenses in connection to duties and responsibilities  SECTION 5: FUNCTIONS OF THE COUNCIL OF MEDICAL TECHNOLOGY EDUCATION To recommend To determine and To approve medical To require all medical minimum required prescribe the number technology school technology schools to curriculum. of students, account meeting the submit an annual the student-instructor requirements and report, including the ratio, and the recommended closure total number of availability of facilities to those who found to students and for instruction. be substandard. instructors, a list of facilities available for instruction, a list of their recent graduates and new admissions, on or before the month of June.  SECTION 5: FUNCTIONS OF THE COUNCIL OF MEDICAL TECHNOLOGY EDUCATION To inspect and To certify for admission Formulate and To promulgate and determine whether a into an undergraduate recommend approval of prescribe rules and high standard of internship students refresher course for regulation of foregoing education is who have satisfactorily applicants who shall functions. maintained. completed three years have failed the board of the medical examination for the technology course or its third time. equivalent and to collect from said students the amount of five pesos each which money accrue to the operating fund of the council. SECTION 6: MINIMUM REQUIRED COURSE At least 4 years Medical Technology Course 12 months satisfactory Internship Includes the following subjects: -English -Biochemistry -Spanish -Gross Anatomy -Social Science -Histology -General Zoology -Physiology -Botany -Clinical Parasitology -Mathematics -General Pathology -College Physics -Microbiology -General Chemistry -Biostatistics -Qualitative Chemistry -Clinical Laboratory Methods -Quantitative Chemistry (including hematology, serology, blood banking, clinical microscopy, applied microbiology, and parasitology, histopathologic techniques, and cyto- technology) SECTION 7: The Board of Medical Technology is composed of: BOARD OF ü Pathologist appointed by the President of the Philippines EXAMINERS OF ü (2) Two members who are registered medical technologists appointed by the President of the Philippines MEDICAL The chairman shall serve for three years, TECHNOLOGY one member for two years and the third member for one year. No member shall be allowed more than (1) one reappointment. The president of the Philippines shall fill the vacancy may occur, but appointee shall serve only the unexpired term of the incapacitated member.  DR. MARILYN A. CABAL-BARZA DR. LEILA LANY M. FLORENTO Chairman Member CURRENT BOARD OF MEDICAL TECHNOLOGY SECTION 8: To be a member of Board of Examiners he/she QUALIFICATIONS ü Is a Filipino citizen ü Is of good moral character OF EXAMINERS ü Is a qualified Pathologist, or duly registered medical technologists with a degree in BSMT/BSH ü Has been in the practice of laboratory medicine or medical technology for at least (10) ten years prior to his appointment ü Is not a member of the faculty of any medical technology school or have any pecuniary interest, direct or indirect, in such institution SECTION 9: The Commissioner of Civil Service shall be the Executive Officer of the EXECUTIVE Board and shall conduct the examinations given by it. The OFFICER OF Secretary of the Board Examiners appointed in accordance with THE BOARD Section ten of Act Numbered Four Thousand Seven, as amended, shall also be the Secretary of the Board. He shall keep a register of all persons to whom certificates of registration have been granted. SECTION 10: COMPENSATION Each member of the Board shall receive as OF MEMBERS OF ü P10.00 for each applicant examined THE BOARD OF ü P5.00 for each applicant granted a Certificate of EXAMINERS FOR Registration without examination MEDICAL TECHNOLOGY  Administer the provision of this act Administer oaths in connection with the administration of this act SECTION 11: Issue, suspend and revoke certificates of registration FUNCTIONS Look into conditions affecting the practice of medical technology in the Philippines AND DUTIES OF and, whenever necessary, adopt such measures as may be deemed proper for THE BOARD the maintenance of good ethics and standards in the practice of medical technology Investigation such violations of this Act or of the rules and regulations; issued subpoena and subpoena duces tecum Draft such rules and regulations as may be necessary to carry out the provision of this Act SECTION 12: Any member of the Board may be removed by the President of the REMOVAL OF Philippines for the ff. reasons: 1. Neglect of duty THE BOARD 2. Incompetency 3. Malpractice or unprofessional 4. Unethical 5. Immoral or dishonorable conduct Opportunity to defend himself The President shall have the power to suspend and appoint a temporary member in the place  Department of Education shall approve SECTION 13: schools of medical technology in accordance with the provisions of this Act. The Department of Health or its ACCREDITATION authorized agency shall upon recommendation of the Council of Medical OF SCHOOLS OF Technology Education approve laboratories for accreditation as training MEDICAL laboratories for Medical Technology students or postgraduate trainees. TECHNOLOGY Required fields for accreditation: 1. Bacteriology AND OF 2. Serology TRAINING 3. Parasitology 4. Hematology LABORATORIES 5. Biochemistry 6. Scope of activities of said laboratory offers sufficient training in laboratory procedures  No person shall practice or offer to practice medical technology without previously obtaining a valid certificate SECTION 14: of registration from the Board that registration shall not required of the INHIBITION following: AGAINST THE a) Duly registered physicians b) Medical technologist from other PRACTICE OF countries call in consultation or visiting or exchange professors to MEDICAL colleges or universities: provided, that they are only TECHNOLOGY practicing the said function c) Medical technologist 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 Written examination shall be given by the Board in the ff. Location: Greater Manila Area Cebu Davao Examination is given during the month of August or September Written notices of such examination shall be published in at least (3) three newspaper of national circulation by the Secretary of the Board at least (30) days prior to the date of examination SECTION 16: Every applicant for examination under this Act, shall prior to the date thereof, furnish the Board satisfactory proof that he or she: QUALIFICATION a) Is in good health and is of good moral character. OF b) Has completed a course of at least (4) four years leading to the EXAMINATION c) degrees of BSMT/BSH. Persons having graduated from other paramedical professions who are performing medical technology for the last five years prior to enactment of this Act provided they meet the minimum requirements exceeding (1) one-year undergraduate internship or practical training. SECTION 17: The examination questions shall cover the following subjects with their respective relative SCOPE OF weights: § Clinical Chemistry ………………………….20% EXAMINATION § Microbiology & Parasitology…………..20% § Hematology…………………………………….20% § Blood Banking…………………………………20% § Clinical Microscopy (Analysis of Urine and Body Fluids)……………………………………10% § Histopathologic Techniques, Cytotechnology, Medical Technology Laws, Related Laws and its implementing rules, and the code of ethics ……………………10% Compute for the general average of the Board Exam results: SUBJECT SCORE WEIGHT Clinical Chemistry 78 X.20 15.6 Microbiology and 89 X.20 17.8 Parasitology Hematology 67 X.20 13.4 Blood Banking and 96 X.20 19.2 serology Clinical Microscopy 76 X.10 7.6 Histopathologic 80 X.10 8.00 Techniques and MTL TOTAL: 81.6% **No less than 50% in the correct answers in major subjects SECTION 17: The Board shall prepare the schedule of subjects for examination and to submit SCOPE OF the same to the Commissioner of Civil Service for publication at least four (4) EXAMINATION months before the date of examination. SECTION 18: REPORTING OF RATING Within 120 days after the completion of the examination, report the result thereof to the Commissioner of Civil Service, who shall submit the result to the President of the Philippines for approval. SECTION 19: RATING IN THE EXAMINATION In order to pass the examination, a candidate must obtain a general average of at least (75) seventy-five percent in the written test, with no rating below fifty percent in any major subjects Provided, that the candidate has not failed in at least sixty percent of the subjects computed according to their relative weights. Failing the board exam for three times = 12 months refresher course in an accredited medical technology school or 12-month postgraduate training in an accredited laboratory Universities offering Refresher Course ü Centro Escolar University –Professional and Continuing Education ü Trinity University of Asia SECTION 20: All successful examinees shall be required to take a professional oath before the board or before any person authorized to OATH TAKING administer oaths prior to entering upon the practice of medical technology in the Philippines. SECTION 21: Every applicant who has satisfactorily passed the required examination for ISSUANCE OF medical technologist shall be issued a certificate of registration, provided CERTIFICATE OF that no such certificate shall be issued to any successful applicant who has REGISTRATION not attained the age of twenty-one (21) years old. All certificates must be signed by the members of the board and attested by its Secretary. The certificates must be displayed in the workplace of the Medical technologist. CERTIFICATE OF REGISTRATION PRC LICENSE  Upon application filed after the approval of this Act not later than ninety days after the Board shall have been fully constituted, the Board shall issue a certificate of registration without SECTION 21: examination to persons: – Graduated with a BSMT/BSH in duly ISSUANCE OF recognized schools of medical technology in the Philippines or foreign countries who CERTIFICATE OF have been in the practice of medical technology for at least three years at the REGISTRATION time of the passage of this Act in laboratories in the Philippines or in foreign countries duly accredited by the Bureau of Research and Laboratories, Department of Health – Graduated from other paramedical professions who are already civil service eligible by authority of the other Boards of profession and who are actually performing medical technology practice for the last five years prior to the enactment of this Act. SECTION 22: The Board shall charge each applicant for examination and registration the FEES sum of fifty (50) pesos Twenty-five (25) pesos for each certificate of registration issued without prior examination Ten pesos (10) for issuance of a new certificate to replace certificate lost, destroyed or mutilated The Board shall charge the sum of 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: The board shall refuse to issue a certificate of registration to any REFUSAL TO person with the ff. reasons: Convicted by the court of ISSUE competent jurisdiction of any guilty of immoral or CERTIFICATE dishonorable conduct Incurable communicable diseases Unsound mind SECTION 24: Revocation or suspension of Certificates shall be conducted under administrative ADMINISTRATIVE investigation by at least two members of the Board and one legal officer during the said investigation. INVESTIGATION Revocation – unanimous vote of all the three members Reprimand or Suspension – majority vote of the board ( but not exceeding two years of suspension) If revocation or suspension is imposed by the Board , the medical technologists is required to surrender his license and certificate of registration within 30 days after the decision becomes final. The suspension shall run from the date of such surrender.  Grounds for Filing or Instituting an Administrative Investigation The following are the grounds for filing: Those enumerated under Section 29 of R.A. No. 5527 Unprofessional conduct Malpractice Incompetency Serious ignorance Gross negligence Violation of the Medical Technologists' Code of Ethics Violation of resolutions, policies, and administrative issuances promulgated by the PRC or the MTB Fraud related to CPD SECTION 25: The revocation or suspension of a certificate made by the Board shall be subject to appeal to the Civil APPEAL Service Commissioner whose decision shall become final thirty (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: The Board may, upon application and for reason deemed proper and sufficient, reissue any revoked REINSTATEMENT, registration certificate. REISSUE OR The suspension of a certificate of registration shall be automatically REPLACEMENT lifted upon the expiration of the period of suspension and said OF CERTIFICATES certificate shall be re-issued to the medical technologist concerned upon request. SECTION 27: No foreigner shall be admitted to examination, or be given a FOREIGN certificate of registration or be entitled to any rights and RECIPROCITY privileges under this Act, unless the country or state which he is a subject or citizen permits Filipino Medical Technologist to practice within its territorial limits on the same as the subject citizen of said country or state. SECTION 28: A Roster of Medical Technologists shall be prepared annually by the ROSTER OF Secretary of the Board. The roster shall contain the name, MEDICAL address and citizenship of each registered Medical Technologist, TECHNOLOGIST date of registration or issuance of certificate, and other data which in the opinion of the Board are pertinent.  2000 - 15000 SECTION 29: Without prejudice to the provision of the Medical Act of 1959 as PENAL amended, pertaining to illegal practice of Medicine, the following PROVISIONS shall be punished by a fine of not less than two thousand (2000) Leu pesos nor more than five thousand (5000) pesos, or Gmans imprisonment for not less than six (6) months nor more than two (2) years, or both, in the discretion of the court.  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; Any medical technologist, even if duly registered, who shall practice medical SECTION 29: technology in the Philippines without the necessary supervision of a qualified pathologist PENAL or physician authorized by the Department of Health; PROVISIONS Any medical technologist who shall knowingly made a fraudulent laboratory report; 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; Any person presenting or attempting to use as his own, the certificate of registration of another; 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;  Any person who shall impersonate any SECTION 29: registrant of a fake or the same name; Any person who shall attempt to use a revoked PENAL or suspended certificate of registration; Any person who shall in connection with his PROVISIONS 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; Any person who shall violate any provision of this Act; or 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 Commissioner of Civil Service for the purpose of carrying out the provisions of this Act. SECTION 30: If any provision of this Act or the application of such provision to any SEPARABILITY person or circumstance is declared invalid by a court of competent CLAUSE 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: All Acts, executive orders, rules and regulations, or parts thereof inconsistent REPEALING with the provisions of this Act are hereby repealed: Provided, However, CLAUSE 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: This Act shall take effect upon its approval. EFFECTIVITY  "The Medical Technology Profession and The Philippine Laws on Medical Technology" 2015 Edition by Prof. Nardito D. Moraleta Notes on R.A. 5527 of Prof. John Jeffrey G. REFERENCES: Pangilinan, RMT, MSMT Notes on R.A. 5527 of Prof. John Kenneth Pagdanganan, RMT Professional Regulations Commission for the List of Board of Examinees