Lecture 3 - Republic Act No. 5527

REPUBLIC ACT

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

Proclamations of the legal consequence of 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 the president’s directives 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.

SENATE BILL

Can become a law after its passage by the Senate and the House of Representatives and the approval of the President.

AMENDMENTS

Changes to certain provisions of a Republic Act.

AMENDMENTS

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 (MEDICAL TECHNOLOGY ACT OF 1969)

Has 32 Sections

June 21, 1969

REPUBLIC ACT NO. 5527 (MEDICAL TECHNOLOGY ACT OF 1969) Approved on

Pres. Ferdinand Marcos

REPUBLIC ACT NO. 5527 (MEDICAL TECHNOLOGY ACT OF 1969) Signed by former

SPECIAL PENAL LAW

prohibit certain acts and establishes penalties for their violation.

SPECIAL PENAL LAW

The purpose of this law is to ensure that the professional services expected from Medical Technology are to be rendered by competent and licensed individuals in order to protect the health and physical welfare of the public from risks caused by unlicensed practice.

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.

➢ Clinical Pathologist

➢ Anatomic Pathologist

2 Types of Pathologist:

CLINICAL PATHOLOGIST

Diagnose and monitor disease based on lab examination.

ANATOMIC PATHOLOGIST

Specializes in the diagnosis of disease through examining specimens derived from surgical procedures such as Biopsy (Gross Examination) and Autopsy.

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.

MEDICAL LABORATORY TECHNICIANS

He or she passed the civil service examination for medical technician given on March 21, 1964.

MEDICAL LABORATORY TECHNICIANS

Has finished a 2-year college course and has at least 1 year of experience as medical laboratory technician, Provided, that for every year of deficiency in college attainment 2 years of experience may be substituted; Provided, further, that an applicant who has at least 10 years of experience as medical laboratory technician as of the date of approval of this Decree regardless of his academic attainment may qualify for registration without examination.

MEDICAL LABORATORY TECHNICIANS

Has failed to pass the board examination for medical technology but had obtained a general rating of at least 70%.

Provided, finally, that a registered medical laboratory technician when employed in the government shall have the equivalent civil service eligibility not lower than second grade.

ACCREDITED MEDICAL TECHNOLOGY TRAINING LABORATORY

A clinical laboratory, office, agency, clinic, hospital, or sanitarium duly approved by the Department of Health or its authorized agency.

ACCREDITED MEDICAL TECHNOLOGY TRAINING LABORATORY

A lab must be a Tertiary Clinical Laboratory accredited with the Health Facilities and Services Regulatory Bureau accredited with CHED.

ACCREDITED MEDICAL TECHNOLOGY TRAINING LABORATORY

A training lab is a Tertiary Clinical Laboratory duty-licensed as such by the Health Facilities and Services Regulatory Bureau and duly accredited by CHED for your Medical Laboratory Science internship program.

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

Empowered to recommend the minimum required curriculum for medical technology program, including the settings of policies, standards, and guidelines.

SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY EDUCATION, ITS COMPOSITION

Monitoring compliance, and evaluating the performance of higher education institutions offering the course BSMT/BMLS.

May 18, 1994

CHED was created (R.A. No. 7722)

May 18, 1994

Coverage of CHED’s authority is both public and private institutions of higher education as well as degree-granting programs in all secondary educational institutions (public and private).

EXCEPTIONS

a. A Physician can practice medical technology even without a license.

b. Medical technologists 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.

EXTRATERRITORIALITY

Entails that a military base of the U.S. Armed Forces in the Philippines is an extension of the U.S. territory. As such, the laws applicable within this military base are still the laws of the USA and not Philippine laws. That being the case, this act does not apply to any medical technologists providing services to any member of the U.S. Armed Forces because they are deemed to have been working in a foreign territory.

AUGUST OR SEPTEMBER

Examinations shall be given by the Board annually in the greater Manila area, Cebu, and Davao during the month of

TWICE A YEAR

The board exam is given

R.A. No. 8981 (PRC Modernization Act of 2000).

This provision was modified by the

TWICE A YEAR EVERY MARCH AND SEPTEMBER

At present, the Board of Examination for Medical Technology is a written examination given

Manila, Baguio, Cagayan de Oro, Cebu, Davao, Iloilo, Tacloban, Tuguegarao, and Zamboanga

The testing areas include

GOOD HEALTH

a state of complete physical, mental, and social well-being, and not merely the absence of disease or infirmity.

GOOD MORAL CHARACTER

what a person is as distinguished from a good reputation or from opinion generally entertained of the person in question. The estimate in which he or she is held by the public in the place where he is known.

20%

Major subjects have a relative weight of

10%

Minor subjects have a relative weight of

20%

Clinical Chemistry

Microbiology and Parasitology

Hematology

Blood Banking and Serology

10%

Clinical Microscopy (Urinalysis and Other Body Fluids)

Histopathologic Techniques

Cytotechnology

Medical Technology Laws

Related Laws and its Implementing Rules

Code of Ethics

120 days

Within ________ after the date of completion of the examination, the results will be reported to the commissioner of Civil Service who shall submit such results to the President of the Philippines for approval.

Paragraph H, Section 9 of R.A. 8981

This states that the MTB has the authority to score and rate the examination papers with the name and signature of the board member concerned appearing thereon, and submit the results in all subjects duly signed by the members of the MTB to the PRC (not to the CSD) within 10 days, from the last day of examination unless extended by the PRC for justifiable cause.

SECTION 19: RATING IN THE EXAMINATION

PASSING RATE: General average of at least 75%, no rating below 50% in any of the major subjects provided that the candidate did not fail in at least 60% of the subjects computed according to their relative weights.

ADMINISTRATIVE INVESTIGATION

is a fact-finding proceeding and an inquiry that is summary in nature.

ADMINISTRATIVE INVESTIGATION

A tool to aid the Board in the exercise of its quasi-judicial function to conduct inquiry, hear, and decide cases within its jurisdiction.

COMPLAINANT

Offended party

RESPONDENT/ALLEGED OFFENDER

Defending party

30 days

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

APPEAL

the elevation by an agreed party of any decision or award made by a lower body to hire entity by means of a pleading which includes the assignment of errors, arguments in support thereof, and the relief prayed for.

SECTION 29: PENAL PROVISIONS

➢ Fine of not less than ₱ 2000 nor more than ₱ 5000, or

➢ Imprisonment for not less than 6 months nor more than 2 years,

R.A. 6138

Signed: August 31, 1970

R.A. 6138

Amended: Sections 16, 21, 22

R.A. 6138

Amendment of R.A. 5527

Presidential Decree No. 498

Signed: June 28, 1974

Presidential Decree No. 498

Amended: Sections 2, 3, 4, 7, 8, 11, 13, 21, 29

Presidential Decree No. 498

Worked upon by: Felix Asprer

P.D 1534

Signed: June 11, 1978

P.D 1534

Amended: Sections 3, 8, 11, 13 of R.A. 5527 with section 12 of PD No. 498

Senate Bill 2722

Proposed by: Senator Edgardo Angara

Senate Bill 2722

Bill titled: The Medical Technology Act of 2011

House Bill 3502

An Act Regulating and Modernizing the Practice of Medical Technology in the Philippines

House Bill 3502

Proposed on: December 4, 2013

House Bill 3502

Another amendment proposed by: Rep. Leopoldo N. Bataoil of the 2nd District of Pangasinan

Senate Bill 2473

Philippine Medical Technology Act of 2014

Senate Bill 2473

Proposed by: Senator Teofisto Guingona III

Senate Bill 2473

Proposed on: November 27, 2014

Senate Bill 2722 & Senate Bill 2473

Are lobbied to repeal, abolish, or revoke R.A. No. 5527 and address issues introduced by modernization.