Philippine Medical Tech Act 2023
Philippine Medical Tech Act 2023
AN ACT
REGULATING AND MODERNIZING THE PRACTICE OF MEDICAL
TECHNOLOGY IN THE PHILIPPINES, PROVIDING FUNDS THEREFOR AND
FOR OTHER RELATED PURPOSES
EXPLANATORY NOTE
It was fifty four (54) years ago when the Republic Act No. 5527 or the Medical
Technology Act of 1969 was enacted. It has not been amended and revised since.
Fast forward to this year, 2023, we can all admit that the times have, indeed, changed.
Health and Information technology have evolved rapidly, lifestyles have become
complex, and national and global competition have rendered the law obsolete and in
need of revision to properly address the existing and evolving demands of the medical
technology profession.
SENATE
S. No. 2007
AN ACT
REGULATING AND MODERNIZING THE PRACTICE OF MEDICAL
TECHNOLOGY IN THE PHILIPPINES, PROVIDING FUNDS THEREFOR AND
FOR OTHER RELATED PURPOSES
CHAPTER I
GENERAL PROVISIONS
1 Section 1. Short Title. - This Act shall be known as the "Philippine Medical
2 Technology Act of2023."
3 Sec. 2. Declaration of Policy. - State recognizes the importance of the Medical
4 Technology profession in nation building and development through the portals of
5 healthcare, education and research. Hence, it shall develop and nurture competent,
6 virtuous, productive and well-rounded medical technologists whose standard of
7 practice and service shall be world class. Furthermore, the State shall promote,
8 regulate and protect the professional practice of Medical Technology in the Philippines
9 and shall ensure its continued growth and development and the maintenance of high
10 international standards of practice.
11 Sec. 3. Definition of Terms. - As used in this Act, the following terms shall be
12 defined as:
27 Sec. 12. Scope of Examination. - The examination shall cover the following
28 courses:
Chemical Chemistry 20%
Microbiology and Parasitology 20%
Hematology 20%
Immunohematology (Blood Banking) 20%
Immunology & Serology
Clinical Microscopy (Urinalysis and 10%
Other Body Fluids)
Histopathologic and Cytologic 10%
Techniques, Laboratory Management,
Medical Technology Law, Related Laws
and Their implementing Rules and the
Code of Ethics
1
2 The general average of each examinee shall be computed by the Board
3 according to the above-mentioned relative weights of each course. The Board may
4 change, add to or remove from the list of above courses or weights as progress in the
5 science of medical technology may require, after consultation with the accredited
6 professional organization and association of schools of medical technology upon
7 approval of the Commission. The schedule of courses for examination shall be
8 prepared and submitted by the Board in a manner prescribed by the Commission.
9 Sec. 13. Report ofRating. -The Board shall, after the date of completion of the
10 examination, report the result thereof for the approval of the Commission within such
11 time limit and guidelines that the Board and the Commission may set.
12 Sec. 14. Ratings in the Examination. - In order to pass the examination, a
13 candidate must obtain a general average of at least seventy-five (75%) in the written
14 test, with no rating below fifty percent (50%) in the any of the major courses.
15 Provided, that the candidate has not failed in at least sixty percent (60%) of the
16 courses computed according to their weights. After three (3) unsuccessful board
17 examinations, completion of a refresher program prescribed by the Board shall be
18 required before another examination can be taken.
19 Sec. 15. Oath. - All successful examinees shall be required to take a professional
20 oath before the Board or before any person authorized by law prior to entering the
21 practice of medical technology in the Philippines.
1 Sec. 16. Issuance of Certificate of Registration. - Every applicant who has
2 satisfactorily passed the required examination for medical technologists shall be issued
3 a Certificate of Registration. All certificates shall be signed by the Chairman and the
4 Members of the Board and by the Chairperson and the Commissioners of the
5 Commission. A Professional Identification Card bearing the registration number, date
6 of issuance and expiry date, duly signed by the Chairperson of the Commission, shall
7 likewise, be issued to every registrant, upon payment of the required fees. The
8 Professional Identification Card shall be renewed in accordance with the guidelines set
9 by the Professionai Regulation Commission and upon satisfying the requirements of
10 the Board such as, but not limited to, attendance in the CPD program.
11 The Board shali refuse to issue a Certificate of Registration to any person
12 convicted by a court of competent jurisdiction of any criminal offense involving moral
13 turpitude, or who has committed immoral, dishonorable or dishonest conduct, or is of
14 unsound mind, or is suffering from an incurable communicable disease. In the event
15 of the Board's refusal to issue a Certificate of Registration, it shall issue a written
16 statement to the applicant setting forth the reason for its action. The statement issued
17 by the Board shali be incorporated in its records.
18 Sec. 17. Fees. -The fees to be paid by each applicant for the issuance of a new
19 Certificate of Registration, replacement of a lost, destroyed or mutilated Certificate of
20 Registration, or issuance or repiacement of the Professional Identification Card shall
21 be in accordance with the fees established by the Commission.
22 Sec. 18. Revocation or Suspension of Certificates of Registration. - The
23 revocation or suspension of a Certificate of Registration may only be made after the
24 completion of an administrative proceeding conducted by the hearing committee
25 composed of at least one (1) Member of the Board and one (1) legal officer: Provided,
26 That the existing rules of evidence shall be observed during the administrative
27 proceeding: Provided, further, That the existing rules of evidence shall be observed
28 during the administrative proceeding: Provided, finaiiy, That the person whose
29 Certificate of Registration is sought to be revoked or suspended shall be entitled to be
30 represented by counsel, to have a speedy, impartial and public proceeding, to confront
31 the witness against him and all other rights guaranteed by the Constitution. The Board,
32 may, after giving proper notice and hearing to the party concerned, reprimand an
1 erring medical technologist, revoke or suspend his Certificate of Registration for
2 violating any provision of this Act, any rules or regulations issued pursuant to this Act
3 or for unprofessional conduct, malpractice, incompetency, gross ignorance or gross
4 negligence in the practice of medical technology. No penalty of revocation shall be
5 imposed unless there is a unanimous vote of all the three members of the Board.
6 The Board may, by majority vote. Impose the penalty of reprimand or
7 suspension: Provided, That the suspension of the Certificate of Revocation shall not
8 exceed two (2) years. When the penalty of suspension or revocation is Imposed by
9 the Board, the medical technologist shall be required to surrender his Certificate of
10 Registration within thirty (30) days after the decision becomes final. Should the
11 medical technologist fail to surrender his certificate of registration within said period,
12 the Board may disqualify him perpetually from the practice of medical technology. The
13 suspension shall run from the date of such surrender.
14 Sec. 19. Appeal. -The revocation or suspension of a Certificate of Registration
15 made by the hearing committee may be appealed primarily and exclusively to the
16 Commission. The decision of the Commission may be elevated to the Court of Appeals
17 in accordance with the Rules of Court.
18 Sec. 20. Reissuance of Reinstatement of a revoked or suspended Certificate of
19 Registration. - The Board may reissue a revoked Certificate of Registration upon the
20 application of the medical technologist whose Certificate of Registration was revoked:
21 Provided, That the reissuance of a revoked Certificate of Registration may only be
22 made for proper and sufficient reasons: Provided, further. That no revoked Certificate
23 of Registration shall be reissued within two (2) years from the date of its surrender. A
24 suspended Certificate of Registration shall be without prejudice to further actions by
25 the Board for a violation of any provision of this Act, its implementing rules or
26 regulations or any condition imposed by the Board upon the medical technologist
27 during the period of revocation or suspension.
28 Sec. 21. Roster of Medical Technologists. - A roster of Medical Technologists
29 shall be prepared annually by the Registration Division of the Commission. This roster
30 shall contain the name, address, and citizenship of each registered medical
31 technologist; the date of registration or issuance of the Certificate of Registration and
32 any other pertinent data. The roster shall be open to public inspection, and copies
10
1 thereof shall be placed on file in the Commission, and furnished to other offices,
2 private or governmental, and to the public, upon request.
3 SEC. 22. Technical Committee for Medical Technology Education (TCMTE) or
4 its equivaient -The Technical Committee for Medical Technology Education (TCMTE)
5 under the Commission on Higher Education - Office of Programs and Standards
6 (CHED-OPS) shall be composed of the following members:
11
1 e. To promulgate, prescribe and enforce such rules and regulations as may
2 be necessary for the proper implementation of the foregoing functions.
12
1 conducted by the national accredited professional organization and other CPD-MT
2 providers duly accredited by the CPD Council for Medical Technology (CPDC-MT) under
3 the Commission, to provide, promote and facilitate lifelong learning in the
4 enhancement of competencies towards delivery of quality, updated and ethical
5 services, both locally and globally.
6 The CPDC-MT herein created shall ensure adequate and appropriate provision
7 of CPD programs and shall issue such operational guidelines as may be approved by
8 the Commission. All registered medical technologists shall abide by the requirement,
9 rules and regulations promulgated by the CPDC-MT approved by the Commission.
10 Sec. 29. Lifelong Learning for Medical Technologists. - Upon the effectivity of
11 this Act, a medical technologist shall be required to show compliance with the required
12 CPD units a s basis for renewal of the Professional Identification Card in accordance
13 with the guidelines of the Commission.
14 Sec. 30. Salary. - In order to enhance the general welfare, commitment to
15 service and professionalism of medical technologists, the minimum base pay upon
16 entry of a registered medical technologist in governmental and non-governmental
17 institutions should not be lower than the amount equivalent to Salary Grade 15.
18 Sec. 31. Foreign Reciprocity. - No foreigner shall be admitted to an examination,
19 be given a Certificate of Registration or be entitled to any of the rights or privileges
20 under this Act unless the country or state of which he is a subject or a citizen permits
21 Filipino medical technologists to practice within its territorial limits on the same basis
22 as the subjects or citizens of said country or state.
23 Sec. 32. Inhibition Against the Practice of Medical Technology/Special
24 Temporary Permit - No person shall practice or offer to practice medical technology
25 as defined in this Act without having previously obtained a valid Certificate of
26 Registration from the Board: Provided, That a Certificate of Registration shall not be
27 required from the following:
13
1 Sec. 33. Pena! Provisions -W\\hou\. prejudice to the provisions of the Medical
2 Act of 1959, as amended, relating to the illegal practice of medicine, the following
3 shall be punished by a fine of not less than fifty thousand pesos (50,000) nor more
4 than one hundred thousand pesos (100,000) or imprisonment for not less than six (6)
5 months nor more than (2) years, or both, at the discretion of the court:
6 a. Any person who shall practice Medical Technology in the Philippines without
7 being registered or exempted from registration in accordance with the
8 provisions of this Act;
9 b. Any medical technologist who shall knowingly make a fraudulent laboratory
10 report;
11 c. Any person presenting or attempting to use as his own, the Certificate of
12 Registration of another;
13 d. Any person who shall give any false or fraudulent evidence of any kind to
14 the Board or any member thereof in obtaining a Certificate of Registration
15 as a medical technologist;
16 e. Any person who shall Impersonate any registrant
17 f. Any person who shall attempt to use a revoked or suspended Certificate of
18 Registration;
19 g. Any person who shall attempt to use a revoked or suspended Certificate of
20 Registration;
21 h. Any person or corporate body who shall allow non-registered medical
22 technologist/medical laboratory technician under his employ to engage in
23 the practice of medical technology or recommend the appointment of
24 anyone to the position of a medical technologist/medical laboratory
25 technicians while knowing that he is not registered as such; and
26 i. Any person or corporate body who shall violate any provision of this Act or
27 any rules or regulations issued pursuant to this Act.
28 Sec. 34. Enforcement of this Act - It shall be the primary duty of the
29 Commission and Board to effectively implement the provisions of this Act. Any law
30 enforcement agency and officers, employees and agents of national, provincial, city
31 or municipal governments shall, upon the call or request of the Commission on Board,
14
1 render assistance in enforcing the provisions of this Act and, to prosecute any person
2 vioiating the same.
3 Sec. 35. Funding Provision. -The Chairperson of the Commission shall include
4 in the Commission's program the funding requirements for the implementation of this
5 Act. Thereafter, the amount necessary for the continued Implementation of this Act
6 shall be included in the General Appropriations Act.
7 Sec. 36. Impiementing Ruies and Reguiations - Within ninety (90) days after
8 the effectivity of this Act, the Board and the Commission, in coordination with the
9 national accredited professional organization, the Department of Health (DOH), the
10 Department of Budget and Management (DBM) and other concerned agencies, shall
11 formulate such rules and regulations necessary to carry out the provisions of this Act.
12 Sec. 37. Transitory Provisions. - Upon the effectivity of this Act:
24 Sec. 38. Separabiiity Ciause. - Should any provision or part of this Act is
25 declared invalid or unconstitutional, the same shall not affect the validity of the other
26 provisions of this Act.
27 Sec. 39. Repeaiing Ciause. - Any law, presidential decree or issuance, executive
28 order, administrative order, rules or regulation contrary to, or inconsistent with the
29 provisions of this Act Is hereby repealed, modified or amended accordingly.
15
Sec. 40. Effectivity. -This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
16