Republic Act No. 5527 (Philippine Medical Technology Act of 1969) — Comprehensive Study Notes

Section 1: Title

  • This act may also be cited as the Philippine Medical Technology Act of 1969.

Section 2: Definition of Terms

  • (a) Medical Technology
    • An auxiliary branch of laboratory medicine which deals with the examination by various chemical, microscopic, bacteriologic, and other medical laboratory procedures or techniques which will aid physicians in the diagnosis, study, and treatment of disease and in the promotion of health in general.
  • (b) Pathologist
    • A duly registered physician who is especially trained in methods of laboratory medicine, or the gross and microscopic study and interpretation of tissues, secretions, 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.
  • (c) 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 a prescribed course (Bachelor of Science in Medical Technology / Bachelor of Science in Hygiene) of training and examination is registered under the provisions of this Act.
  • (d) 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.
  • (e) 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.
  • (f) 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.
  • (g) Council
    • The Council of Medical Technology Education established under this Act.
  • (h) 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 (Council).
  • Composition includes:
    • The Secretary of Education or Director of Private Education as Chairman.
    • The Director of the Bureau of Research and Laboratories of the Department of Health as Vice Chairman.
    • The Chairman and two members of the Board of Medical Technology.
    • The dean of the Institute of Hygiene of the University of the Philippines.
    • A representative of the deans or heads of private schools of medical technology.
    • The Presidents of the Philippine Association of Medical Technologists (PAMT) and the Philippine Society of Pathologists (PSP), as members.

Section 4: Compensation and Travelling Expenses of Council Members

  • The Chairman and members of the Council are entitled to 25 pesos per diem for every meeting actually attended.
  • The number of meetings authorized with a per diem shall not exceed 2 in a month.
  • Officials receiving regular salaries from the government shall not receive per diem.
  • In addition, the Chairman and members are entitled to travelling expenses in connection with official duties.

Section 5: Function 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 allowed to take up the medical technology course in each school, considering student-instructor ratio and availability of facilities for instruction.
  • (c) To approve medical technology schools meeting requirements and recommend closure of those found substandard.
  • (d) To require all medical technology schools to submit an annual report (including total number of students and instructors, facilities for instruction, list of graduates and new admissions) on or before the month of June.
  • (e) To inspect medical technology schools as necessary to ensure a high standard of education.
  • (f) To certify admission into undergraduate internship for students who have satisfactorily completed three years of the medical technology course or its equivalent, and to collect from said students the amount of 5.00 each which accrues to the operating fund of the Council.
  • (g) To formulate and recommend approval of refresher courses for applicants who shall have failed the Board Examination for the third time.
  • (h) To promulgate, prescribe, and enforce necessary rules and regulations for 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, and shall include the following subjects:
    • English
    • Spanish
    • Social Sciences
    • General Zoology
    • Botany
    • Mathematics
    • Biochemistry
    • Gross Anatomy
    • Histology
    • College Physics
    • General Chemistry
    • Qualitative Chemistry
    • Microbiology
    • Biostatistics
    • Clinical Laboratory Methods
    • Including: Hematology, Serology, Blood Banking, Clinical Microscopy, Applied Physiology
    • Clinical Parasitology
    • General Pathology
    • Microbiology and Parasitology
    • Histopathologic Techniques and Cytotechnology
  • The Council is authorized, subject to approval of the Secretary of Education, to change, remove, or add to the subjects listed above as progress in the science may require.

Section 7: Board of Examiners for Medical Technology

  • Created as the Board of Examiners for Medical Technology (the Board).
  • Composition:
    • A Chairman who is a pathologist appointed by the President from a list submitted by the Philippine Society of Pathologists.
    • Two members who are registered medical technologists appointed by the President from a list submitted by the Philippine Association of Medical Technologists (PAMT).
    • Each member serves a term of 3 years, with staggered terms for the initial board: one member for 3 years, one for 2 years, and the third for 1 year.
  • The first Board members shall be issued a certificate of registration as Medical Technologist without prior examination.
  • No member shall be allowed more than one reappointment.
  • President shall fill vacancies with unexpired terms.

Section 8: Qualifications of Examiners

  • A person shall be appointed as a member of the Board only if he/she:
    • (1) is a Filipino citizen;
    • (2) has good moral character;
    • (3) is a qualified pathologist or a duly registered medical technologist with a Bachelor of Science in Medical Technology or Bachelor of Science in Hygiene;
    • (4) has at least 10 years of practice in laboratory medicine or medical technology prior to appointment; and
    • (5) is not a member of the faculty of any medical technology school and has no pecuniary interest in such institutions.
  • For the first three years after approval of this Act, the requirement in (4) is reduced to 5 years.

Section 9: Executive Officer of the Board

  • The Commissioner of Civil Service shall be the Executive Officer of the Board and conduct the examinations.
  • The Secretary of the Board shall be the Secretary appointed according to the relevant Act, and shall maintain a register of all persons granted certificates of registration.

Section 10: Compensation of Members of the Board of Examiners for Medical Technology

  • Each member shall receive a sum of 10 pesos for each applicant examined and 5 pesos for each applicant granted a certificate of registration without examination.

Section 11: Functions and Duties of the Board

  • The Board is vested with authority to:
    • (a) Administer the provisions of this Act;
    • (b) Administer oaths in connection with the administration of this Act;
    • (c) Issue, suspend, and revoke certificates of registration for the practice of medical technology;
    • (d) Look into conditions affecting the practice of medical technology and adopt measures for maintaining good ethics and standards;
    • (e) Investigate violations of this Act or rules and regulations and issue subpoenas as needed;
    • (f) Draft necessary rules and regulations to carry out the Act, issued with the approval of the President.

Section 12: Removal of Board Members

  • Any Board member may be removed by the President for neglect of duty, incompetence, malpractice, or unprofessional conduct after due administrative investigation; the President may suspend the member during investigation and appoint a temporary replacement.

Section 13: Accreditation of Schools of Medical Technology and of Training Laboratories

  • Department of Education shall approve schools of Medical Technology.
  • The Department of Health or its authorized agency shall, upon Council recommendation, approve laboratories as training laboratories for Medical Technology students or post-graduate trainees, upon satisfactory evidence of personnel qualifications and proper equipment in specified fields (bacteriology, serology, parasitology, hematology, biochemistry) and sufficient scope for training.

Section 14: Inhibition against the Practice of Medical Technology

  • No person shall practice or offer to practice medical technology without a valid certificate of registration from the Board, except:
    • (a) duly registered physician;
    • (b) medical technologists in U.S. Armed Forces stationed in the Philippines rendering services for members of the forces only.

Section 15: Examination

  • All applicants for registration shall undergo a written examination, annually in the greater Manila area, Cebu, and Davao, during August or September, on dates/places designated by the Board.
  • Written notices of the examination shall be published in at least three newspapers of national circulation at least 30 days prior to the examination date.

Section 16: Qualification for Examination

  • Applicants must furnish satisfactory proof that they:
    • (a) Are in good health and of good moral character;
    • (b) Have completed at least a four-year course leading to the degrees of B.S. in Medical Technology or B.S. in Hygiene conferred by a recognized school, college or university under this Act;
    • (c) For graduates from other paramedical professions who actually performed medical technology for the last 5 years prior to enactment, meet the minimum requirements of Section 6 except the one-year undergraduate internship or practical training.

Section 17: Scope of Examination

  • The examination shall cover subjects with relative weights:
    • Clinical Chemistry: 20 ext{%}
    • Microbiology and Parasitology: 20 ext{%}
    • Hematology: 20 ext{%}
    • Blood Banking and Serology: 20 ext{%}
    • Clinical Microscopy: 10 ext{%}
    • Histopathologic Techniques: 10 ext{%}
  • The Board shall prepare the schedule and submit to the Professional Regulation Commission (PRC) for publication at least 30 days before the examination.
  • The Board shall compute the general average according to the weights.
  • The Board may change, add to, or remove subjects/weights as progress requires, subject to prior approval of PRC and publication of changes at least 3 months prior to the effective date.

Section 18: Report of Rating

  • The Board shall report the examination results within 120 days after completion to the Commissioner of Civil Service, who shall submit the result to the President for approval.

Section 19: Rating in the Examination

  • To pass: must obtain a general average of at least 75% in the written test, with no subject at less than 50% in major subjects;
  • Must pass at least 60% of the subjects considering their weights;
  • No further examinations unless the candidate completes a 12-month refresher course in an accredited laboratory;
  • Graduates from paramedical professions other than MT/Hygiene admitted to the examination may not be given further examinations after failure to qualify for the third time.

Section 20: Oath taking

  • All successful examinees must take a professional oath before the Board or any person authorized to administer oaths prior to entering practice in the Philippines.

Section 21: Issuance of Certificate of Registration

  • A certificate of registration as Medical Technologist shall be issued to every applicant who satisfactorily passes the examination, provided the applicant is at least 21 years old.
  • Certificates shall be signed by Board members and the Commissioner of the Professional Regulation Commission (PRC).
  • Registered medical technologists must display their certificate in their place of work.
  • In addition, upon payment of the fee of 115 pesos, the Board may issue a certificate of registration without examination to:
    • (1) graduates with B.S. in Medical Technology or B.S. in Public Health in recognized schools in the Philippines or abroad if foreign education is substantially equivalent and the applicant has practiced MT for at least 3 years prior to filing in laboratories in the Philippines or abroad if practice began before 21 June 1969; and
    • (2) graduates who have performed MT in other professions for at least 8 years prior to filing; from other requirements, provide evidence and undergo the same process; also to issue a certificate of registration as Medical Laboratory Technician without examination to:
    • (a) those who passed the civil service exam for medical technician conducted on March 21, 1964; or
    • (b) those who finished a two-year college course with at least one year as a medical laboratory technician (with substitutions per year of deficiency);
    • (c) those with at least 10 years experience as a medical laboratory technician as of the act’s approval; or
    • (d) those who have failed to pass the MT board but obtained a general rating of at least 70%; and
    • (e) government-employed registered medical laboratory technicians shall have civil service eligibility not lower than second grade.

Section 22: Fees

  • The Board shall charge for examination and registration a total of 50 pesos; for a certificate of registration without examination: 25 pesos; for a replacement certificate: 10 pesos.
  • All fees are paid to the disbursing officer of the Civil Service Commission who shall pay authorized expenses of the Board, including compensation of members.

Section 23: Refusal to Issue Certificate

  • The Board shall refuse to issue a certificate to any person convicted of a crime involving moral turpitude, or for immoral, unethical, or dishonorable conduct, or for unsound mind or incurable communicable disease, and shall provide a written statement of the reason, which shall be included in the Board’s record.

Section 24: Administrative Investigation - Revocation or Suspension of Certificates

  • Administrative investigations shall be conducted by at least two Board members with one legal officer present.
  • The usual rules of evidence apply; respondents may be represented by counsel, be heard, have a speedy and public hearing, confront and cross-examine witnesses, and enjoy constitutional rights.
  • The Board may reprimand, revoke, or suspend a certificate for causes including unprofessional conduct, malpractice, incompetency, or serious ignorance or gross negligence; penalties require a unanimous vote of all three Board members for revocation; suspension or reprimand may be imposed by majority vote, with suspension not to exceed 2 years.
  • If suspension or revocation is imposed, the certificate holder must surrender the certificate within 30 days after the decision becomes final, or risk perpetual disqualification; suspension period starts from surrender date.

Section 25: Appeal

  • Revocation or suspension decisions by the Board may be appealed to the Civil Service Commissioner, whose decision is final after 30 days unless the respondent appeals to the President of the Philippines.

Section 26: Reinstatement, Reissue or Replacement of Certificate

  • The Board may reissue a revoked certificate for proper reasons; suspension is automatically lifted after the period ends and the certificate may be reissued upon request, subject to further action by the Board for violations during suspension.

Section 27: Foreign Reciprocity

  • No foreigner shall be admitted to examination or granted a certificate unless the foreign country permits Filipino MTs to practice on the same basis; See PRC Resolution No. 2012-668 (21 June 2012) & Republic Act 5181.

Section 28: Roster of Medical Technologists

  • A roster shall be prepared annually by the Secretary of the Board, starting the year after the Act becomes effective.
  • The roster shall include name, address, citizenship, date of registration or certificate issuance, and other pertinent data.
  • The roster shall be open to public inspection; copies mailed to individuals listed; filed with the Office of the President; and provided to Department Heads and public upon request.

Section 29: Penal Provisions

  • Punishments by fine of 2,000 to 5,000 pesos, or imprisonment of 6 months to 2 years, or both, for:
    • (a) Practicing Medical Technology without a certificate or exemption;
    • (b) Practicing without supervision of a qualified pathologist or physician;
    • (c) Knowing fraudulent laboratory reports;
    • (d) Refusing to display certificate after due warning;
    • (e) Impersonating another registrant;
    • (f) Providing false or fraudulent evidence to the Board;
    • (g) Impersonating a registrant of similar name;
    • (h) Using a revoked or suspended certificate;
    • (i) Assuming or advertising a title as Medical Technologist without a valid certificate;
    • (j) Violating any provision of this Act;
    • (k) Violating Board rules or orders after approval by the President on recommendation of the Civil Service.

Section 30: Separability Clause

  • If any provision of this Act or its application to any person or circumstances is declared invalid by a court, the remainder remains in effect.
  • This Act shall take effect upon its approval.

Section 31: Repealing Clause

  • All Acts, executive orders, rules, and regulations, or parts thereof inconsistent with this Act are repealed; however, nothing in this Act shall be construed as repealing or amending portions of the Medical Act of 1959.

Section 32: Effectivity

  • This section confirms the act’s effectivity upon approval (21 June 1969).