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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

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Roderick Balce
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0% found this document useful (0 votes)
88 views18 pages

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

Uploaded by

Roderick Balce
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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of llje

NINETEENTH CONGRESS OF THE )


REPUBLIC OF THE PHILIPPINES )
First Regular Session ) 23 MAR 14 P4-41
SENATE

INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO

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.

The practice of medical technologists in laboratories now include research,


academe, informational technology, quality assurance, and other non-traditional areas
where knowledge of medical technology is a must.

This measure seeks to create a Professional Regulatory Board of Medical


Technology, update the scope of practice to include molecular and cytogenetic
technologies, drug testing, phlebotomy and teaching, training and supervising
students in Medical Technology Education Program, upgrade the minimum base pay
of entry-level Registered Medical Technologists, and improve the practice of medical
technology and ensure global competitiveness of the profession.
In view of the foregoing, approval of this bill is urgently sought.

JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) 23 n,l\Rl4 P4’-41

SENATE
S. No. 2007

INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO

AN ACT
REGULATING AND MODERNIZING THE PRACTICE OF MEDICAL
TECHNOLOGY IN THE PHILIPPINES, PROVIDING FUNDS THEREFOR AND
FOR OTHER RELATED PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines, in


Congress assembled:

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:

13 a. Accredited Medical Technology Training Laboratory refers to a clinical


14 laboratory duly licensed by the Department of Health (DOH) and accredited
15 as a training laboratory by the Commission on Higher Education (CHED)
1 upon recommendation by the Technical Panel in Medical Technology
2 Education or its equivalent;
3 b. Accredited Professional Organization (APO) refers to a national organization,
4 recognized and accredited by the Professional Regulation Commission
5 (PRC);
6 c. Boardto the Professional Regulatory Board of Medical Technology of
7 the Professional Regulation Commission;
8 d. Commission refers to the Professional Regulation Commission (PRC);
9 e. Continuing Professional Development (CPD) refers to the inculcation of
10 advanced knowledge, skills and ethical values in post-licensure specialized
11 or in inter-or multidisciplinary field of study for assimilation into professional
12 practice, self-directed research and/or lifelong learning;
13 f. Code of Professional Ethics refers to a set of standards relating to the
14 conduct, integrity and moral duties of medical technologists as prescribed
15 and promulgated by the Board, in consultation with the duly accredited
16 professional organization, with the approval of the Commission;
17 g. Medical Technology refers to the healthcare profession that provides
18 professional services for the purpose of helping the physician in the
19 diagnosis, treatment, and management of diseases and in the promotion of
20 health In general. The profession provides laboratory investigations on
21 biological and non-biological specimen which have impact on health, the
22 results of which provide information to physicians or other health
23 professionals In relation to healthcare, research and forensics. Medical
24 Technology may also provide laboratory investigations on animals in relation
25 to veterinary medicine;
26 h. Medical Laboratory Science refers to the other name for Medical
27 Technology;
28 i. Medical Technologists refers to a holder of a Bachelor of Science on Medical
29 Technology or Public Health who is duly registered with the Commission and
30 is qualified to practice Medical Technology;
31 j. Medical Laboratory Scientists refers to the other name for medical
32 technologists;
1 k. Phlebotomy to the collection of blood;
2 l. Phlebotomist refers to the holder of a Bachelor of Science in Medicai
3 Technology and who has passed an examination for phlebotomy given by
4 the Board. Provided, that a registered medical technologist automaticaiiy
5 quaiifies as a phiebotomist. Provided further, that other health professionals
6 registered by the Commission may be aliowed by the Board to take the
7 Phiebotomy examination;
8 m. Recognized School of Medical Technology refers to a schooi, coliege or
9 university which offers a Bachelor's degree program in Medicai
10 Technoiogy/Medical Laboratory Science approved by the Commission on
11 Higher Education; and
12 n. Technical Committee for Medical Technology Education refers to the
13 Technical Committee for Medical Technology Education recognized under
14 the Office of Programs and Standards of the Commission on Higher
15 Education.

16 Sec. 4. The Scope of the Practice of Medical Technology. - The practice of


17 Medicai Technology shall include the following:

18 a. Examination of tissues, secretions and excretions of the human body and


19 other body fluids through electronic, chemicai, microscopic, microbioiogic,
20 hematologic, seroiogic, immunoiogic, nuclear, molecular, cytogenic or other
21 laboratory procedures and techniques, either manual or automated;
22 b. Blood banking procedures and techniques;
23 c. Parasitologic, Bacterlologic, Mycologic, Virologic, or other microbioiogic
24 techniques;
25 d. Histopathologic and cytologic techniques;
26 e. Drug Testing in clinical laboratories;
27 f. Research involving human beings or animals requiring the use of and/or
28 application of Medical Technology (Medical Laboratory Science) knowledge
29 and procedures;
1 g. Preparations and standardization of reagents, standards, stains or others.
2 Provided, that such reagents, standards, stains or others are exclusively for
3 the use of their laboratory;
4 h. Clinical laboratory quality control;
5 i. Phlebotomy, collection, handling, processing or preservation of specimen;
6 j. Consultancy in test upgrading, method selection, laboratory equipment
7 planning and troubleshooting, and laboratory operations where the
8 application of knowledge in medical technology is required;
9 k. Teaching, training and supervising students in Medical Technology
10 education programs;
11 I. Introduction, demonstration, evaluation, or improvement of clinical
12 laboratory procedure ortechniquesand/or laboratory procedures or
13 techniques and/or laboratoryoperations; and
14 m. Other similar activities where the training, skill and experience of a medical
15 technologist are needed.

16 The performance of any of the foregoing activities by a registered and licensed


17 medical technologist shall be without prejudice to all other applicable laws, rules, and
18 regulations.
19 Sec. 5. Professional Regulatory Board of Medical Technology. -There is hereby
20 created a Professional Regulatory Board of Medical Technology under the Commission.
21 The Board shall be composed of a Chairperson and two (2) Members, all of whom are
22 registered medical technologists who have completed the Bachelor of Science in
23 Medical Technology/ Medical Laboratory Science. The Chairperson and Members of
24 the Boards shall be appointed by the President of the Philippines ("President") upon
25 recommendation of the Commission and shall serve for a term of three (3) years. The
26 Chairperson and the Members of the Board shall hold such office until their successors
27 shall have been appointed and duly qualified. For its recommendation, the Commission
28 shall submit to the President a list containing three (3) names from among a list of
29 five (5) nominees for each position recommended by the duly accredited professional
30 organization of medical technologists for appointment of the term of the Chairperson
31 or any Member of the Board prior to the expiration of the term of the Chairperson or
1 any Member of the Board prior to the expiration of the term of the Chairperson or any
2 Member of the Board, his successor shall only serve the balance of this term.
3 Sec. 6. Qualifications ofthe Chairperson and Members ofthe Board. - No person
4 shall be appointed as Chairperson or as a Member of the Board unless he is Filipino
5 citizen, of good moral character and is a duly registered medical technologist.
6 Provided, that the Chairperson and Members of the Board must be members in good
7 standing of the APO. Provided, further, that the Chairperson and the Members of the
8 Board must not be an officer or director of the accredited professional organization at
9 the time of their nomination. The Chairperson must also have at least fifteen (15)
10 years of experience as a medical technologist at the time of their nomination. He must
11 be actively practicing his profession as a medical technologist within five (5) years
12 prior to his nomination. The Chairperson must have at least a Master's Degree in
13 medical technology or other medical technology related programs to include biological
14 sciences, education and administration or equivalent level using the Philippine
15 Qualifications Framework (PQF). Provided, that for the first three (3) years prior to
16 the effectivity of this Act, the requirement of a Master's Degree may be waived for as
17 long as the nominated candidate has obtained at least seventy percent (70%) of the
18 required units for a Master's Degree.
19 A member of the Board must have at least ten (10) years of experience as a
20 medical technologist. He must be actively practicing his profession as a medical
21 technologist three (3) yeas prior to his nomination. The Chairperson and the Members
22 of the Board shall not in any way be professionally connected with the faculty of any
23 Medical Technology school at the time of the appointment of any review center for at
24 least two (2) years prior to nomination.
25 Sec. 7. Compensation and Allowances of the Board. -The Chairperson and each
26 Member of the Board shall receive compensation and allowances comparable to that
27 being received by the chairperson and members of the other professional regulatory
28 boards under the Commission as provided for In the General Appropriation Act.
29 Sec. 8. Functions and Duties of the Board. - The following are duties and
30 functions of the Board:

31 a. Administer and implement the provisions of this Act;


1 b. Regulate the practice of the profession in the accordance with professional
2 regulatory law;
3 c. Determine and prepare the questions for the licensure examination for
4 medical technologists;
5 d. Administer oaths in connection with the administration of this Act:
6 e. Issue, suspend or revoke Certificates of Registration and Special Temporary
7 Permits of medical technologists, phlebotomists, and medical laboratory
8 technicians;
9 f. Look into conditions affecting the practice of medical technology in the
10 Philippines and, whenever necessary, adopt such measures as may be
11 deemed proper for the maintenance of good ethics and standards in the
12 practice of medical technology;
13 g. Investigate violations of this Act or the rules and regulations issued
14 hereunder. For this purpose, the Board may issue subpoenas duces tecum;
15 h. Draft such rules and regulations as may be necessary to carry out the
16 provisions of this Act;
17 i. Prescribe the qualifications and training of medical technologists with
18 regard to special fields of the profession and to supervise their special
19 examination to be conducted by the Commission;
20 j. Formulate and recommend the approval refresher courses for applicants
21 who failed to pass the Board Examinations for the third time;
22 k. Determine and prepare the questions for the certification examination of
23 phlebotomists;
24 l. Prescribe and promulgate the Code of Ethics and Code of Professional
25 Standards for the Practice of Medical Technology, in consultation with the
26 APO;
27 m. Issue guidelines on the CPD, through the CPD Council, with the approval of
28 the Commission; and
29 n. Perform such other functions as may be prescribed by the Commission, In
30 accordance with existing laws.
1 Sec. 9. Removal of the Board of Members. -The Chairperson or any Member
2 of the Board may be removed by the President for neglect of duty, incompetence,
3 malpractice or unprofessional, unethical. Immoral or dishonorable conduct after having
4 been given an opportunity to defend himself in proper administrative proceeding.
5 Provided, that pending the resolution of the administrative proceeding, the President
6 shall have the power to indefinitely suspend the Chairperson or any Member of the
7 Board under investigation and appoint a temporary member In his place.
8 Sec. 10. Licensure Examination. - Except as otherwise specifically allowed under
9 the provisions of this Act, all applicants for registration as medical technologists shall
10 be required to undergo a written examination which shall be given by the Board seml-
11 annually during the months of March and September in such places as the Board may
12 deem proper, subject to the approval of the Commission. The examination for
13 Phlebotomy Certification as referred to in this Act shall be given by the Board semi-
14 annually in such places as may be approved by the Commission.
15 Sec. 11. Qualifications for Admission to the Licensure Examination. - Every
16 applicant for examination under this Act shall, at least thirty (30) days, prior to the
17 date of the Examination, furnish the Board satisfactory proof that he/she:

18 a. Must possess Philippine citizenship or in the case of a foreigner, citizenship


19 of a country or State that has a reciprocity agreement with the Philippines
20 on the practice of medical technology;
21 b. Must be of good moral character;
22 c. Must hold a Bachelor's Degree in Medical Technology (Medical Laboratory
23 Science) or Public Health conferred by a school, college or university
24 recognized and duly accredited by the CHED; and
25 d. Must not have been convicted of an offense involving moral turpitude by a
26 court of competent jurisdiction.

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:

7 a. A representative from the Board;


8 b. The President or representative of the national accredited professional
9 organization of medical technologists;
10 c. The President of representative of the association of schools of medical
11 technology;
12 d. A representative whose specialty is Laboratory Medicine and who is also a
13 medical technologist.

14 The TCMTE or its equivalent shall be supported by a secretariat and staff.


15 Sec. 23. Responsibiiities of the TCMTE or its equivalent - The TCMTE shall
16 assist the Commission on Higher Education (CHED) in setting Policies, Standards, and
17 Guidelines for the Medical Technology Program. It may also assist In its
18 implementation, including mentoring and evaluation.
19 The responsibilities of the TCMTE are as follows:

20 a. To recommend the minimum curriculum required for the program of


21 medical technology;
22 b. To determine and prescribe the number of students that will be allowed to
23 take the medical technology program in each school, taking into account
24 the student-instructor ratio and the availability of facilities for instruction;
25 c. To recommend the closure of medical technology schools which are found
26 to be substandard;
27 d. To inspect, whenever necessary, the different medical technology schools
28 in the country in order to determine whether a high standard of education
29 is maintained in said institutions; and

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.

3 Sec. 24. Medical Technology Education. - The Bachelor of Science in Medical


4 Technology (Medical Laboratory Science) program shall be at least four (4) years, as
5 suggested In the Commission on Higher Education's Policies, Standards, and
6 Guidelines. Said program shall be composed of general education, core and
7 professional courses, and a satisfactory internship program in accredited training
8 laboratories.
9 Sec. 25. Accreditation of Schools of Medical Technology Education and of
10 Training Laboratories. - The Commission on Higher Education, through TCMTE, shall
11 approve schools of Medical Technology and accredit licensed clinical laboratories for
12 training of students in accordance with the provisions of this Act. The laboratories
13 shall show satisfactory evidence that they possess qualified personnel and are properly
14 equipped to carry our laboratory procedures commonly required in the following fields:
15 Clinical Chemistry, Microbiology and Parasitology, Immunohematology (Blood
16 Banking), Immunology and Serology, Clinical Microscopy (Urinalysis Mother body
17 fluids), and Histopathologic and Cytologic Techniques, and that the scope of activities
18 of said laboratories offer sufficient training in said laboratory procedures.
19 Sec. 26. Studies for Medical Technology Human Resource Management - The
20 Board, in coordination with the accredited professional organization and appropriate
21 government and private agencies shall Initiate. Undertake and conduct studies on
22 health, human resources production, utilization or deployment and development.
23 Sec. 27. Membership to Accredited Professional Organization. - All registered
24 medical technologists whose names appear in the roster of the Professional Regulation
25 Commission shall automatically become members of the accredited professional
26 organization of registered and licensed medical technologists. Members of said
27 accredited professional organization shall receive benefits and privileges appurtenant
28 thereto upon compliance with the membership requirements and payment of the
29 required fees and dues.
30 Sec. 28. Continuing Professional Development Program. - There shall be a
31 program of Continuing Professional Development for Medical Technology (CPD-MT)

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:

28 a. Duly registered physicians;


29 b. Medical technologists in the service of the Armed Forces of the United
30 States of America who are stationed in the Philippines and are rendering
31 services as such for the members of said armed forces only.

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:

13 1. The Board shall discontinue the registration of medical laboratory


14 technicians as provided for in Section 21 of Republic Act No. 5527:
15 Provided, That medical laboratory technicians registered under Republic Act
16 No. 5527 shall maintain their status as registered medical laboratory
17 technicians after this Act has taken effect: Provided, further. That a
18 registered medical technologist occupying the position of medical
19 laboratory technician shall be rendered an appropriate position and be
20 reclassified as a medical technologist.
21 2. The incumbent Chairperson and members of the Board shall continue to
22 serve until the first Board constituted under the provisions of this Act shall
23 have been appointed and duly qualified.

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

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