REGULATION OF THE MEDICAL PROFESSION AND PRACTICE OF MEDICINE
Dr. Earica Y. Silla
Outline
I. Regulation of the Medical Profession
A. Police Power
B. R.A. 2382: Medical Act of 1959
C. Physician Licensure Examination
D. Admission to the Practice of Medicine
E. Passing Grade
F. Oath Taking
G. Issuance of Certificate of Registration
H. R.A. 10912: CPD Act of 2006
II. The Practice of Medicine
A. Acts Constituting Practice of Medicine
B. Acts Not Construed to be Practice of Medicine
C. Limited Practice
D. Qualified to Practice
E. Classification of Practice
F. Penalties
• Italics – Transers Note
• Box – Book
• Broken Box – Key points and Guides
REGULATION OF MEDICAL PROFESSION
POLICE POWER
• Power of promoting the public welfare by restraining and
regulating the use of liberty and property.
• Physicians should possess thorough knowledge for the proper
diagnosis of diseases > examination of parties by competent
persons
R.A. 2382: MEDICAL ACT OF 1959
AS AMENDED BY RA 4224 AND RA 5946
• Governs the regulation of medical education, licensing and
practice of medicine.
• Section 24 of Republic Act No. 2382 > grounds for reprimand,
suspension or revocation of certificate of registration.
1. Conviction by a court of competent jurisdiction of any
criminal offense involving moral turpitude.
2. Immoral or dishonorable conduct.
3. Insanity
4. Fraud in the acquisition of the certificate of registration.
5. Gross negligence, ignorance or incompetence in the practice
resulting to injury or death of the patient.
6. Addiction to alcoholic beverages or to any habit forming drug
rendering him incompetent to practice, or to to any form of
gambling.
7. False or extravagant or unethical advertisements
8. Performance of or aiding in any criminal abortion.
9. Knowingly issuing any false medical certicate.
10. Issuing any statement or spreading any news or rumor which
is deragatory to the character & reputation of another
physician without justifiable motive.
11. Aiding or acting as a dummy of unqualified or unregistered
person to practice medicine.
12. Violation of any provision of the Code of Ethics
PHYSICIAN LICENSURE EXAMINATION
• Given twice a year (every September and March)
• 4 days
• 3 exams per day
• 100 questions per exam
Transcribed by: Matias, Pineda
M1L2
NOVEMBER 12, 2018
Qualifications
• Filipino Citizen or a foreigner who has submitted competent
and conclusive documentary evidence, confirmed by the DFA,
showing that his country’s existing laws permit Filipinos to
practice medicine under the same rules and regulation
• Good Moral character
• Sound mind
• Shall not have been convicted by a court of competent
jurisdiction of any offense involving moral turpitude
• Holder of the degree of Doctor of Medicine
• Completed a calendar year of internship
ADMISSION TO THE PRACTICE OF MEDICINE
Prerequisites:
A. HE MUST MEET THE MINIMUM AGE REQUIREMENT
- at least 21 yrs. of age (age of majority in the Phil. Is 18 years old
and it is the age when a person has the capacity to act capable of
having juridical effect.
- an applicant for admission may take and pass the examination
below the age of majority, but the certificate of registration may
only be issued to him when he reaches the age of 21.
B. HE MUST HAVE THE PROPER EDUCATIONAL
BACKGROUND
- He must be a holder of a bachelor’s degree in science or arts.
- He must not have been convicted by any court of competent
jurisdiction of any offense involving moral turpitude.
- He must be able to present the following:
o Record showing completion of bachelor’s degree in
science or arts.
o A certificate of eligibility for entrance in a medical
school from the Board of Medicine
o A certificate of good moral character issued by two
former professors in the college
o Birth certificate
Note: nothing in this act shall construe to inhibit any college of
medicine from establishing additional requirements.
C. HE MUST MEET THE EXAMINATION REQUIREMENTS
- Preliminary Examination:
o at least 19 yrs. of age
o of good moral character
o must completed the first two yrs. of the medical course
Scope for Preliminary Examination:
▪ Anatomy and Histology
▪ Physiology
▪ Biochemistry
▪ Microbiology and Parasitology
- For the final examination:
o Shall be a citizen of the Phil.
o Or a citizen of any foreign country who has submitted
competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs
showing that his country’s existing laws permit
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citizens of the Phil. To practice medicine under the
same rules and regulations governing citizens thereof.
(Reciprocity Clause of the Medical Act)
Scope for Preliminary Examination:
▪ Pharmacology and Therapeutics
▪ Pathology
▪ Medicine
▪ Obstetrics and Gynecology
▪ Pediatrics and Nutrition
▪ Surgery, Ophthalmology, ENT
▪ Preventive Medicine and Public Health
▪ Legal Medicine, Ethics and Medical
Jurisprudence
PASSING GRADE
• Average of 75% with no grade below 50% in individual
subjects
• Rep. Act 1080 - provides that the examinee who passed the
BAR and Medical Board Examination is equivalent to 1st
grade Civil Service Elligibility effective June 15, 1954.
Note: A candidate who fails for the 3rd time in the complete
examination will be required to take refresher course prescribed
by the Board of Medical Examiners at least one year in a
recognized medical school or college before he could be allowed to
take subsequent examination.
OATH TAKING
• Except otherwise provided for by law, a certificate of
registration will be issued to those who successfully passed the
examination.
• He must take his Hippocratic Oath.
ISSUANCE OF CERTIFICATE OF REGISTRATION
• No certificate of registration will be issued to any candidate:
1. Who has been convicted by a court of competent jurisdiction
of any criminal offense involving moral turpitude.
2. Who has been found guilty of immoral or dishonorable
conduct after the investigation by the Board of Medicine
3. Who has been declared of unsound mind.
RA 10912: CPD Act of 2006
• “Continuing Professional Development (CPD) Act of 2016”
• An act which requires CPD as the mandatory requirement for
the renewal of Professional Identification Card.
• July 21, 2016 and it took effect on August 16, 2016
• R.A. No. 10912 took effect last March 15, 2017, upon the
effectivity of Resolution No. 1032 or The Implementing Rules
and Regulations (IRR) of R.A. No. 10912.
• CPD Providers shall apply for the accreditation their CPD
Program forty-five (45) days prior to the conduct of the program.
• After evaluation of the concerned CPD Council of the CPD
Program, a provisional credit unit will be granted. After the
submission of the monitor’s report, and completion report by
CPD Provider, a post evaluation of the program will be
conducted, and thereafter the final CPD credit units will be
granted.
Transcribed by: Matias, Pineda Checked by:
REGULATION OF MEDICAL PROFESSION/PRACTICE OF MEDICINE M1L2
PRACTICE OF MEDICINE
MEDICAL ACT OF 1959 (RA 2382)
• A privilege or franchise granted by the state to any person to
perform medical acts upon compliance with law.
• Judge the nature, character and symptoms of a disease >
determine proper remedy > diagnosis, application and use of
medicine and drugs > cure, mitigate or relieve disease or
conditions
ACTS CONSTITUTING THE PRACTICE OF MEDICINE
1. Who shall, for compensation fee, salary or reward in any
form paid to him directly or indirectly or through another or
even without the same, physically examine any person and
diagnose, treat, operate or prescribe any remedy for human
disease, injury, deformity, mental or physical condition or any
ailment, real or imaginary, regardless of the nature of remedy or
treatment administered, prescribed or recommended.
Physically examine and diagnose
Physically examine and treat
Physically examine and operate
Physically examine and prescribe any remedy
Take note of the word physical. Bawal through messenger,
calls,texts. Dapat physical.
Provided that the mentioned act are performed, the following do
not affect the act as to practice of medicine:
• Wether or not the act was done with or without compensation
• Regardless of the nature of the remedy or treatment administered
May bayad man o wala, as long as ginawa mo yung above acts,
considered na practice of medicine na.
2. Who shall, by means of signs, cards, advertisement, written or
printed matter or through radio, television or any other means of
communication, either offer or undertake by any means or method
to diagnose, treat, operate, or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical conditions.
3. Who shall falsely use the title of M.D after his name.
To protect the people who through deceptive advertisement or
machination may be able to induce them to be under the medical
service of one who is not in a capacity to do so.
DEFINITION OF TERMS
Medical Diagnosis
• art of balancing probabilities.
Diagnosis
• a mental process where by one or more persons appraise a situation
and make a decision based on their judgement, that may or may not
lead to action.
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Treatment
• all steps taken to effect a cure of an injury or disease.
Operation
• an act or succession of acts performed upon the body of a patient
for his relief or restoration of normal condition. Either by
manipulation or the use of surgical instruments or both.
Prescription
• a direction of remedy or remedies for a disease and the manner of
using them; a formula for the preparation of a drug and a medicine.
ACTS NOT CONSTRUED TO BE PRACTICE OF
MEDICINE
A. By provision of law (RA 2382) - though perform acts of diagnosis
and treatment
1. Medical students duly enrolled in an approved medical college or
school or graduate under training provided:
a. serving without professional fee
b. under direct supervision and control of a registered MD
2. Registered dentist practicing dentistry
3. Registered masseurs or physiotherapists (physical therapists)
a. upon written order or prescription of a registered MD
b. application of massage or physical means shall be
limited to physical or muscular development.
4. Registered optometrist practicing optometry (mechanical
examination of eye for the purpose of constructing or adjusting
spectacles or lenses)
5. Any person rendering emergency service gratuitously or where the
service of a registered MD, nurse or midwife are not available (“Good
Samaritan Law”)
6. Any person administering or recommending household remedies
under pharmacy laws.
7. Clinical psychologists provided with the prescription and direct
supervision of a registered MD.
8. Prosthetists under the supervision of a registered MD.
9. Traditional Medicine (implicitly exempted under the Traditional
Alternative Medicine Act of 1997 RA 8423)
Traditional Medicine is the sum total of knowledge, skills and
practice on health care not necessarily explicable in the context of
modern, scientific, philosophical framework but recognized by
people to help maintain and improve their health.
B. By court decisions - though perform act of diagnosis and
treatment
1. Taking blood pressure readings only and announcing the results
without giving advice or prescribing treatment.
2. Use of electric vibrator and sun ray lamp.
3. Use of an electric machine.
4. Application of medicated massage.
5. Hospital - merely agrees to provide accommodations and maintain
such attendants as will assure proper care and attention.
C. Faith healing - if acting in pursuance of religious belief and in
accordance with the tenet of the religion. Act is not practice medicine
but exercise of religious freedom.
Transcribed by: Matias, Pineda Checked by:
REGULATION OF MEDICAL PROFESSION/PRACTICE OF MEDICINE M1L2
LIMITED PRACTICE WITHOUT CERTIFICATE OR
REGISTRATION
A. Foreign MDs called in consultation only and exclusively for a
specific and definite case only provided with authorization from
BOM.
B. Foreign MDs attached to international bodies or organizations
assigned to perform certain definite work provided with authorization
from BOM.
C. Commissioned medical officers of the US Armed Forces
participating in joint military activities.
D. Foreign MDs employed as exchange professors provided with
authorization from BOM.
E. During epidemics or national emergencies, foreign MDs, medical
students who completed the first 4 years or medical course, graduates
of medicine and RNs provided authorized by the Secretary of Health.
- Such authroization shall automatically cease when the
epidemic or national emergency is declared terminated by the
Secretary of Health.
WHO ARE QUALIFIED TO PRACTICE MEDICINE IN THE
PHILIPPINES?
1. Those who complied with the prerequisites to the practice of
medicine in accordance with the medical act.
2. Those who can have limited practice without any certificate of
registration (Sec. 12)
3. Balikbayan physicians - P.D. 541 allowing former Filipino
professionals to practice their respective professions in the
Philippines.
4. Those foreign physicians qualified to practice by reciprocity or by
endorsement.
5. Limited practitioners of healing art.
Only NATURAL person can practice medicine.
CLASSIFICATION OF MEDICAL PRACTICE
As to scope
a. General
b. Specialist
As to venue
a. Clinic
b. Hospital
As to number
a. Individual
b. Group
PHYSICIAN
• Licensed Physician
• Licensed to practice medicine
• One who has received a degree from an institution and one that is
lawfully engaged in the practice of medicine.
• WHO definition
-a person who after completing his secondary education follows a
prescribed course of medicine at a recognized university or medical
school.
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 REGULATION OF MEDICAL PROFESSION/PRACTICE OF MEDICINE M1L2

PENALTIES OF ILLEGAL PRACTICE

CIVIL LIABILITIES
• wrongful act of a physician.
• a civil suit filed against physicians and/or hospitals is premised on
recovery of damages for their wrongful act or of the employees.

CRIMINAL LIABILITIES
• when the act or omission of a physician constitute a crime, which
may be done with deliberate intent or on account of imprudence,
negligence, lack of foresight or lack of skills
• “roof beyond reasonable doubt”
• Php 1000-5000 and or 1-5 yrs imprisonment

ADMINISTRATIVE LIABILITIES
• Penalty imposable is reprimand or suspension or revocation of
license
• File at Professional Regulation Commission

REFERENCES
Lecture notes
Powerpoint
Batch 2019 Trans

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