TOPIC 2: RA 5527 MEDICAL TECHNOLOGY ACT OF 1969 AND AMENDMENTS

Republic Act

It is a piece of legislation enacted as a policy that may govern the conduct and behavior of an individual or group of persons and uphold the principles of the Constitution.

Presidential Decree

These are proclamations of the legal consequence of in connection with the professional practice of medical technology carried out or decided the facts or actions in connection with the professional practice of medical technology carried out or decided by the court in its finality.

Executive

Order

Contains directives the President's implementing or interpreting certain constitutional provisions or treaties.

Senate Bill

A piece of proposed legislation

that has been issued or was

modified by the Congress or the

Senate.

Can become a law after its

passage by the Senate and the

House of Representatives and

the approval of the President.

Amendments

These are changes to certain provisions of a Republic Act. Changes are made or to be made for the purpose of adapting to what is presently existing in the professional practice and expanding the rights and privileges extended to an individual or a group of persons.

Republic Act No. 5527

○ To ensure that the professional

services expected from Medical

Technologists are to be rendered by

competent and licensed individuals in

order

○ To protect the health and physical

welfare of the public from the risks

caused by unlicensed practice

Chairman

Director of Higher Education

Vice-Chairman

Chairman of the Professional Regulation Commission

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.

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.

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.

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.

Recognized School of Medical Technology

Any school, college, or university which offers a course in Medical Technology approved by the 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 established under this Act.

Section 3. Council of Medical Technology Education, Its Composition.

There is hereby

established a Council of Medical Technology Education, hereafter referred to as Council, which

shall be composed of the Director of Higher Education as Chairman; the Chairman of the

Professional Regulation Commission as Vice-Chairman; and the Director of the Bureau of

Research and Laboratories of the Department of Health,4 the Chairman and two (2) members of

the Board of Medical Technology, a representative of the Deans of Schools of Medical

Technology and Public Health, and the Presidents of the Philippine Society of Pathologists and

the Philippine Association of Medical Technologists, as members.

Section 4. Compensation and Traveling Expenses of Council Members.-

For every meeting actually attended, the Chairman shall be entitled to a fifty pesos (P50.00) per diem while the members shall be entitled to twenty-five pesos (P25.00) each regardless of whether or not they receive regular salaries from the government. In addition, the Chairman and members of the Council shall be entitled to traveling expenses in connection with their official duties.

Section 5. Functions of the Council of Medical Technology Education.-

a. To recommend the minimum required curriculum for the course of medical technology.

b. 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.

c. To approve medical technology schools meeting the requirements and recommend closure of those found to be substandard.

d. To require all medical technology schools to submit an annual report, including the total number of students and instructors, list of facilities available for instruction, a list of their recent graduates and new admissions, on or before the month of June.

e. 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.

f. To certify for admission in to an undergraduate internship students who have

satisfactorily completed three years of the medical technology course or its equivalent

and to collect from said student the amount of five pesos each which money accrue to

the operating fund of the Council.

g. Formulate and recommend approval of refresher course for applicants who shall have

failed the Board Examination for the third time.

h. To promulgate and prescribe and enforce necessary rules and regulations for the proper

implementation of the foregoing functions.

Section 6. Minimum Required Course.-

The medical technology course shall be at least

four years, including a 12-month satisfactory internship in accredited laboratories,

English

Spanish

Social Science

General Zoology

Botany

Mathematics

Biochemistry

Gross Anatomy

Histology

Physiology

Clinical Parasitology

General Pathology

satisfactory internship in accredited laboratories, and shall include the following subjects:

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.

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 and medical laboratory technician;

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;

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

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;

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;

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;

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 Health16 through 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

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 of least thirty days prior to the date of

examination.

Section 16. Qualification for Examination

Every applicant examination under this Act, shall, prior to the date thereof, furnish the Board satisfactory proof that he or she: a. Is in good health and is of good moral character; b. Has completed a course of at least four (4) years leading to the degree of Bachelor of Science in Medical Technology or Bachelor of Science in Public Health conferred by a recognized school, college or university in accordance with this Decree or having graduated from some other profession and has been actually performing medical technology for the last five (5) years prior to the date of the examinations, if such performance began prior to June 21, 1969.

Section 17. Scope of Examination.-

The examination questions shall cover the following subjects with their respective relative weights: Clinical Chemistry ...................................................... 20% Microbiology & Parasitology ...................................... 20% Hematology ............................................................... 20% Blood Banking & Serology ......................................... 20% Clinical Microscopy (Urinalysis and other body fluids) ...................................………......... 10% Histopathologic Techniques, Cytotechnology, Medical Technology Laws, Related Laws and its implementing rules, and the Code of Ethics ........................……….. 10%

Section 18. Report of Rating.-

The Board shall, within one hundred and twenty 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.

Section 19. Rating in the Examination.

In order to pass the examination, a candidate

must obtain a general average of at least seventy-five percent in the written test, with no rating

below fifty percent in any of the major subjects: Provided, That the candidate has not failed in at

least sixty percent of the subjects computed according to their relative weights. No further

examinations, unless and until he shall have completed 12 months refresher course in an

accredited laboratory: Provided, That graduate of paramedical profession other than Bachelor of

Science in Medical Technology/Bachelor of Science in Hygiene admitted to an examination under

the provisions of this Act shall not be given further examinations after the provisions of this 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 recognized

schools 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, 1969.

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

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

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

prepared annually by the Secretary of the Board, commencing on the year following that in which

this Act shall become effective. This roster shall contain the name, address and citizenship of

each registered Medical Technologist, date of registration or issuance of certificate, and other

data which in the opinion of the Board are pertinent. 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 bureau, offices and instrumentalities of the

Department of Health and to such other offices, private or governmental, and to the public upon

request.

Section 29. Penal Provisions

Without prejudice to the provision of the Medical Act of

1959 as amended relating 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:

Section 30. Separability Clause

All acts, executive, rules and regulations, or parts

thereof inconsistent with the provisions to any persons or circumstances is declare invalid by a

court of competent jurisdiction, the remainder of this Act of the application of such provisions to

other persons or circumstances shall not be affected by such declaration.

Section 31. Repealing Clause.

All acts, executive, 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. Approved, June 21, 1969.