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MEDICAL TECHNOLOGY LAWS &BIOETHICS

INTRODUCTION TO LEGALSTUDIES
&HISTORICAL PERSPECTIVES OF
MEDICAL TECHNOLOGYPROFESSION
NEIL ALLEN ELQUINTO, RMT
COLLEGE OF MEDICAL
TECHNOLOGY
CENTER FOR MEDICAL & ALLIED HEALTH
SCIENCES NEW ERA UNIVERSITY
CHED Memorandum Order 13 series 2017
• Philippine Medical Technology Laws and Bioethics
• 3 unit subjects = 3 lecture hours
• 10% - Philippine Licensure for Medical Technologist together
with the Histopathologic & Cytopathologic Techniques and
Laboratory Management
• R.A. 5527 and other related medical technology/medical
laboratory science laws, amendments and administrative
orders.
• Bioethics: Principles and Basic Concepts.
OVERVIEW
• Having been under the colonial rule of Spain and
subsequently the United States, it is not surprising that the
Philippines would base much of its laws and court system on
the Spanish and American models.
• The Revised Penal Code (law which defines and punishes
crimes), for example, is mostly derived from Spanish criminal
law.
• Laws affecting commerce (such as negotiable instruments,
banks, corporations and securities), on the other hand, are of
American origins. In fact, the Philippine Constitution itself is
modeled after the US Constitution.
OVERVIEW
• Understanding the government structure of the Philippines
is essential in getting a clear picture of the Philippine legal
system.
• Under the Constitution, governmental powers in the Philippines
is divided among three institutions: executive, legislative and
judicial. The executive branch, headed by the president,
enforces the laws; the legislative branch - made up of the
House of Representatives and Senate (collectively called
Congress) - makes the laws; and the judicial branch (through
the Supreme Court and lower courts established by Congress),
also called the judiciary, interprets the laws.
LEGAL PROFESSION
• LAW means any rule of action or any system of uniformity. It is
also defined as a system, rules and regulations which are
enforce through acts, constitutions and codes to govern the
conduct of men for an organized society.
• Law is divided into two general groups:
• 1. Law which is promulgated and enforced by the state. It
refers for what is known. (State Law)
• 2. Law which is not promulgates and enforced by the
state. It includes divine law, moral law, and physical law.
(Non-jural Law)
LEGAL PROFESSION
• Subdisciplines of Law:
1. STATE LAW/ JURAL LAW – the law that is promulgated and
enforced by the state. It is also called as positive law,
municipal law, civil law, or imperative law. It is the law we refer
to when we speak of law in connection with obligations and
contracts, marriage, the administration of justice, the conduct
of elections and the entire governmental process itself. It
covers the Constitutional Law, Crime Law, Private Law and
Commercial Laws.
2. DIVINE LAW – is the law of religion and faith concerns on the
concept of sin and salvation. It is embodied by the Ten
Commandments from the Old Testament of the Bible.
LEGAL PROFESSION
• Subdisciplines of Law:
3. NATURAL LAW – it is defined as the divine inspiration in man
of the sense of justice, fairness and righteousness. It is
regarded as the reasonable basis of state law.
4. MORAL LAW – it is an unstable law. It is refer as the totality
of the norms of good and right conduct growing out of the
collective sense of right and wrong.
5. PHYSICAL LAW – it is a stable law, there are uniformities of
actions and orders of sequence which are the physical
phenomena that what we sense and feel. Laws of physical
science or physical law.
LEGAL PROFESSION
• Sources of Law:
1. CONSTITUTION – the written instrument by which
fundamental powers of government are established, limited
and defined. Since it was promulgated by the people, it is the
fundamental, basic and supreme law of the land.
2. LEGISLATION – consists in the declaration of legal rules by a
competent authority. Enacted Law or Statute Law are the acts
passed by the legislature.
3. ADMINISTRATIVE OR EXECUTIVE ORDERS, REGULATIONS
AND RULINGS – issued by administrative officials under
legislative authority. It is intended to clarify or explain the law and
carry into effect its general provisions.
LEGAL PROFESSION
• Sources of Law:
4. JUDICIAL DECISIONS OR JURISPRUDENCE – decision of a
superior court on a point of law are binding on all subordinate
courts. Applying or interpreting the laws or constitutions from
part of the legal system of the Philippines.
5. CUSTOM – consists of those habits and practices which
through long and uninterrupted usage have become
acknowledge and approved by society as binding rules of
conduct. It must be proved as a fact according to the rules of
evidence.
6. Other sources – it includes the principle of justice and equity,
decision of foreign tribunals, opinions of text writers and
religion.
CLASSIFICATION OFLAW
As to its purposes:
• 1. Substantive Law – portion of the body of law creating and
defining rights and duties which may be either public or private
in character. The good example is the law on obligations and
contracts.
• 2. Adjective Law/ Remedial Law/Procedural Law – body of
law prescribing the manner or procedure by which rights
maybe enforced or their violations redresses.
CLASSIFICATION OFLAW
As to its subject matter:
1. Public Law or the body of legal rules which regulates the
rights and duties arising from the relationship of the state to
the people.
• Criminal Law – defines crimes and provides for their
punishment.
• International Law – governs the relations among
nations/states.
• Constitutional Law – governs the relations between the
state and its citizens.
CLASSIFICATION OFLAW
As to its subject matter:
2. Private Law regulates the relations of individuals with one
another for purely private ends. The law on obligations and
contracts comes under this heading because it deals with the
rights and obligations of contracting practices only.
• Civil Law – governs the relation between
organizations and individuals.
• Mercantile Law/Commercial Law - governs the rights,
relations, and conduct of persons and businesses
engaged in commerce, merchandising, trade, and sales.
• Civil Procedure – provide the means by which private
rights maybe enforced.
DEFINITION OF MEDICAL TECHNOLOGY
• Medical technology as defined by Ruth Heinemann(1963) is
"the application of principles of natural, physical, and biological
sciences to the performance of laboratory procedures which aid
in the diagnosis and treatment of diseases."
• Anna Fagelson (1961) defined it as "the branch of medicine
concerned with the performance of laboratory determinations
and analyses used in the diagnosis and treatment of the
disease and the maintenance of health."
• Walters defined medical technology or clinical laboratory
science "as the health profession concerned with performing
laboratory analyses in view of obtaining information necessary
in the diagnosis and treatment of disease as well as in the
maintenance of good health."
DEFINITION OF MEDICAL TECHNOLOGY
• According to Republic Act 5527 it is defined as an auxiliary
branch of laboratory medicine which deals with the
examination by various chemical, microscopic, bacteriologic
and other medical laboratory procedures or technique which
will aid the physician in the diagnosis, study and treatment of
disease and in the promotion of health in general.
• All in all Medical technology is a part of the health technology,
which encompasses a wide-range of health care products and,
in one way or another, is used to diagnose, monitor or treat
every disease or condition that affects humans.
HISTORICAL PERSPECTIVES
Early History: Ancient Laboratory Practices (400 BC.)
• In the year 460 B.C. when the Greek, physician Hippocrates
also known as the father of medicine formulated the famous
Hippocratic Oath, the code of ethics for practicing physicians.
• Hippocrates described four "humors" or body fluids in man
namely- the blood, phlegm, yellow bile and black bile. These
four humors or body fluids were felt to be the source of a
person's disposition and disease in ancient times. He
analyzed urine and wrote a book “UROSCOPY” to aid in his
diagnosis
• The Greek are able to detect sugar on the urine
HISTORICAL PERSPECTIVES
Early History: Ancient Laboratory Practices (400 BC.)
• In the year 1500 B.C. a medical technologist named Vivian
Herrick traces the beginning of medical technology when
the intestinal parasites such as Taenia and Ascaris were first
identified.
• Ebers Papyrus, believe that medical technology began when
a book for treatment of disease published, this book also
contained the description of the three stages of hookworm
infection and the disease it could produce to human.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Another person in named Ruth Williams believe that medical
technology began from the medieval period as supported by
the fact that urinalysis was a fad.
• Early Hindu doctors made the "scientific observation" that the
urine of certain individual attracted ants, and that such urine
has a sweetish taste. In the 14th century Anne Fagelson
believe that medical technology started when a prominent
Italian doctor at the University of Bologna employed
Alessandra Giliani to perform different tasks in the laboratory,
unfortunately she died due to laboratory acquired infection.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Zacaharias Janssen – dutch spectacle maker open the door for the
scientist who wanted to explore the disease causation. Making
microscope 9x magnification.Medical technology developed as the
years passed.
• In 1632, Anton Van Leeuwenhoek invented and improved the
compound microscope. He was the first to describe red blood cells,
to see protozoa, and to classify bacteria according to shape. His
invention led to the rapid progress of microbiology and pathology.
As science progressed, laboratory tests were greatly improved.
• In 1848, Herman Fehling performed the first quantitative test for
urine sugar. At the same time, the rapid advancement of our
chemistry laid the ground work for the development of our modern
clinical chemistry.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Athanasius Kircher – a Jesuit priest – used the microscope to
investigate the diseases.
• Robert Hooke – English Philosopher, architect and polymath –
published Micrographia which featured illustration of his
observations using microscope.
• Marcello Malphigi – Italian microscopist –investigated the
embryology of chicks and the histology and physiology of the
glands and viscera.
• Jean Baptiste van Helmont – Belgian mystic – developed the
gravimetric analysis of urine.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Frederick Dekkers – Medical doctor – described the protein in
urine.
• Richard Lower – English Physiologist – performed the first
blood transfusion in animals.
• William Hewson – English Physiologist – described the
process of coagulation
• Francis Home – Medical Doctor – developed the yeast test for
sugar in diabetic urine.
• Matthew Debson – Medical Doctor – Identified sugar in the
blood and urine in diabetics.
• John Snow – Father of Field Epidemiology – by detecting the
source of cholera in London
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• World War II is the most widespread war that occurred from 1939 to
1945. On the day Pearl Harbor was invaded by Japan (December 7,
1941) three days after Japan invaded Philippines causing wrath of
the US. The war between the two rivals was very grave. Sickness
and death due to illnesses were rampant.
• In 1944, US bases were built in Leyte (around 75 miles away from
Manila Bay).This made possible for the Us to bring in members of
the health care team to the Philippines to resolve the health
problems of soldiers and Filipinos.
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• Real medical facilities were made available to the Philippines, which
includes the 26th Medical Laboratory of the 6th US Army. The said
laboratory was located at Quiricada, Sta. Cruz, Manila, but now
known as the Public Health Laboratory, a division of the Manila
Health Department. As early as February of that year, training of
civilians to become members of the health care team was already
being done.
• The 6th US Army left the laboratory on June 1945. The laboratory
was endorsed to the National Department of Health but the
department did not seem to be interested in pursuing the
objectives of laboratory.
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• The World War ended on September 1945, and barely a month
after, the laboratory was formerly re-organized by Dr. Alfredo Pio
de Roda and assisted by Dr. Mariano Icasiano who was then the
Manila City Health Officer. The laboratory was later name Manila
Public Health Laboratory.
• A training program for individuals aspiring to become laboratory
workers was offered in 1947 by Dr. Pio de Roda, in collaboration
with Dr. Prudencia Sta. Ana. Trainees were mostly high school
graduates and paramedical graduates. The training proved to be
ineffective because the trainees were never motivated and there
was no program that was supposed to last for a definite period and
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• The World War ended on September 1945, and barely a month
after, the laboratory was formerly re-organized by Dr. Alfredo Pio
de Roda and assisted by Dr. Mariano Icasiano who was then the
Manila City Health Officer. The laboratory was later name Manila
Public Health Laboratory.
• A training program for individuals aspiring to become laboratory
workers was offered in 1947 by Dr. Pio de Roda, in collaboration
with Dr. Prudencia Sta. Ana. Trainees were mostly high school
graduates and paramedical graduates. The training proved to be
ineffective because the trainees were never motivated and there
was no program that was supposed to last for a definite period and
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical
Technology in the Philippines (19 th
Century)
• Realizing this, Dr. Pio de Roda
instructed Dr. Sta. Ana to prepare a
formal syllabus of the training program.
In 1954, the training began using a
syllabus and it was to last for 6 months.
A short while after Dr. Briones joined
the two. The training program offered
by Dr. Pio de Roda did not last long, for
during the same year, the formal
education of Medical Technology in the
Philippines began.
HISTORICAL PERSPECTIVES
Beginning of the Medical Technology / Medical Laboratory
Science Education in the Philippines (19 th Century)
• Manila Sanitarium and Hospital began July 1929 as a clinic and
was managed by Dr. Horace A. Hall, a medical missionary.
The demand fro its services increased by 1940 after/between
the World War II. The building was renovated after WWII
around 1946-1949.
• In 1954, Manila Sanitarium and Hospital under the leadership of
Dr. Elvin Hedrick and Mrs. Willa Hedrick opened the first school
of Medical Technology, offers internship in Loma Linda University
in California USA.
• The School was absorbed by the Philippine Union College
(PUC), now the Adventist University of The Philippines.
Leaving its facilities for its clinic.
FORMAL EDUCATION IN MEDICAL TECHNOLOGY /
MEDICAL LABORATORYSCIENCE
• Over 90 schools in the Philippines offers Bachelor of Science in
Medical Technology / Bachelor in Medical Laboratory Science
(BSMT/BMLS)
• Over 15-20 School offers graduate school program: MS Medical
Technology and MS Medical Laboratory Science
• Only 1 school offers Doctor of Philosophy in Medical Technology
(UST)
• University of the Philippines – Manila and Visayas offers BS Public
Health
• Master of Public Health – thesis or non thesis (elective
specialization
tracking) – numerous schools offers the degree same with
HALLMARKS OF MEDICAL TECHNOLOGY
PROFESSIONAL PRACTICES
• The Professional Practice of the Medical Technology in the
Philippines is governed by the following:
1. Pertinent Laws – existing laws of the land mandate the professional
practice of medical technology. The rules and regulations pertaining
to the same should be compiled with.
2. Labor Laws – Omnibus Implementing Rules and
Regulations, which considers the existence of employer and
employee relationship.
3. Criminal Laws – medical technology professional who commits
the an offense can never be denied due process and equal
protection.
4. Constitution of the Philippines – since the medical technologist
HALLMARKS OF MEDICAL TECHNOLOGY
PROFESSIONAL PRACTICES
• The Professional Practice of the Medical Technology in the
Philippines is governed by the following:
5. Professional ethics – medical technologist is mandated to
perform or observe the Code of Professional Ethics at all times
from the time he/she receives his/her license.
6. CHED Memorandum Orders
7. Professional Organizations
REPUBLIC ACT
5527: THE MEDICAL TECHNOLOGY
ACT OF 1969 (Amended by RA 6132, PD
498, PD 1534)
NEIL ALLEN ELQUINTO, RMT
COLLEGE OF MEDICAL TECHNOLOGY
CENTER FOR MEDICAL & ALLIED HEALTH
SCIENCE
NEW ERA UNIVERSITY
PRELIMINARY PROVISIONS

SECTION 1: TITLE
SECTION 2: DEFINITION TERMS
SECTION
1: TITLE

• This Act may be also cited as the Philippine


Medical Technology Act of 1969
SECTION 2: DEFINITION OF TERMS
-As used in this Act, the following terms shall mean:
A. Practice of Medical Technology - A person shall be deemed to be in the practice of medical
technology within the meaning of this Act, who shall for a fee, salary or other
compensation or reward paid or given directly or indirectly through another, renders any of
the following professional services for the purpose of aiding the physician in the diagnosis,
study and treatment of diseases and in the promotion of health in general:
1. Examination of tissues, secretions and excretions of the human body and body fluids by
various electronic, chemical, microscopic, bacteriologic, hematologic, serologic,
immunologic, nuclear, and other laboratory procedures and techniques either manual or
automated;
2. Blood banking procedures and techniques;
3. Parasitologic, Mycologic and Microbiologic procedures and techniques;
4. Histopathologic and Cytotechnology; provided that nothing in this paragraph shall inhibit a
duly registered medical laboratory technician from performing histopathologic techniques
and procedures.
-As used in this Act, the following terms shall mean:
A. Practice of Medical Technology - A person shall be deemed to be in
the practice
of medical technology within the meaning of this Act, who shall for a
fee, salary
or other compensation or reward paid or given directly or indirectly
through
another, renders any of the following professional services for the
purpose of
aiding the physician in the diagnosis, study and treatment of
diseases and in the promotion of health in general:
5. Clinical research involving patients or human beings requiring
the use of and/or application of medical technology
knowledge and procedures;
6. Preparations and standardization of reagents, standards, stains and
others,
provided such reagents, standards, stains and others are
exclusively for the use of their laboratory;
7. Clinical laboratory quality control;
8. Collection and preservation of specimens;
SECTION 2: DEFINITION OF TERMS

Provided, That any person who has passed the


corresponding Board examination for the practice of a
profession already regulated by existing law, shall not be
subject to the provisions of the last four preceding
paragraphs if the performance of such acts or services is
merely incidental to his profession.
**BS Public Health graduate – shall undergo review and training
in Clinical Laboratory for at least 1 year.
SECTION 2: DEFINITION OF
TERMS
-As used in this Act, the following terms shall mean:
B. 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.
** He or she must be a diplomate or fellow in Philippine
Society of Pathologist in Clinical Pathology and Anatomic
Pathology
SECTION 2: DEFINITION OF TERMS

-As used in this Act, the following terms shall mean:


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 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.
** BS Hygiene is the former name of BS Public Health offered in UP
Manila and UP Visayas
SECTION 2: DEFINITION OF TERMS

-As used in this Act, the following terms shall mean:


D. 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.
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.
SECTION 2: DEFINITION OF TERMS
-As used in this Act, the following terms shall mean:
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.
FUNCTIONAL PROVISIONS:
COUNCIL ON MEDICAL
TECHNOLOGY EDUCATION
SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY EDUCATION AND
IT’S COMPOSITION
SECTION 4: COMPENSATION AND TRAVELLING EXPENSES OF
COUNCIL MEMBERS SECTION 5: FUNCTIONS OF THE COUNCIL
OF MEDICAL TECHNOLOGY EDUCATION SECTION 6: MINIMUM
REQUIRED COURSE
SECTION 13: ACCREDITATION OF SCHOOLS OF MEDICAL
TECHNOLOGY AND OF TRAINING LABORATORIES
SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY
EDUCATION, ITS COMPOSITION
• There is hereby established a Council of Medical Technology
Education, hereafter referred to as Council, which shall be composed
of:
1. the Director of Higher Education as Chairman;
2. the Chairman of the Professional Regulation Commission as Vice-
Chairman;
3. Director of the Bureau of Research and Laboratories of the
Department of Health, Chairman and two (2) members of the
Board of Medical Technology, a representative of the Deans of
Schools of Medical Technology and Public Health, and the
Presidents of the Philippine Society of Pathologists and the
Philippine Association of Medical Technologists as members.
SECTION 4: COMPENSATION AND
TRAVELLING EXPENSES OF
COUNCIL MEMBERS
• For every meeting actually attended, the Chairman shall be entitled
to a fifty pesos (P50.00) per diem while the members shall be
entitled to twenty-five pesos (P25.00) each regardless of whether or
not they receive regular salaries from the government. In addition,
the Chairman and members of the Council shall be entitled to
traveling expenses in connection with their official duties.
SECTION 5: FUNCTIONS OF THE
COUNCIL OF MEDICAL
TECHNOLOGY EDUCATION
• The functions of the Council shall be:
A. To recommend the minimum required curriculum for the course of medical
technology.
B. To determine and prescribe the number of students to be allowed to take up
the medical technology course in each school, taking into account the student-
instructor ratio and the availability of facilities for instruction.
C. To approve medical technology schools meeting the requirements and
recommend closure of those found to be substandard.
D. To require all medical technology schools to submit an annual report, including
the total number of students and instructors, list of facilities available for
instruction, a list of their recent graduates and new admissions, on or before
the month of June.
SECTION 5: FUNCTIONS OF THE
COUNCIL OF MEDICAL
TECHNOLOGY EDUCATION
• The functions of the Council shall be:
E. To inspect, when necessary, the different medical technology schools in the
country in order to determine whether a high standard of education is
maintained in said institutions.
F. To certify for admission in to an undergraduate internship students who have
satisfactorily completed three years of the medical technology course or its
equivalent and to collect from said student the amount of five pesos each which
money accrue to the operating fund of the Council.
G. Formulate and recommend approval of refresher course for applicants who shall
have failed the Board Examination for the third time.
H. To promulgate and prescribe and enforce necessary rules and regulations for the
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 Biochemistry College Physics Microbiology
Spanish Gross Anatomy General Chemistry Biostatistics
Social Science Histology Qualitative Chemistry Quantitative Chemistry
General Zoology Physiology Clinical Laboratory methods including:
Botany Clinical Parasitology Hematology, Serology, Blood Banking,
Mathematics General Pathology Clinical Microscopy, Applied Microbiology
Parasitology, Histopathologic techniques
and Cytotechnology
SECTION 6: MINIMUM
REQUIRED COURSE
• The Council is hereby authorized, subject to the
approval of the Secretary of Education to change,
remove from or add to the subjects listed above
as the needs and demands of progress in the
science of medical technology may require.
SECTION 13: ACCREDITATION OF SCHOOLS OF MEDICAL
TECHNOLOGY AND OF TRAINING LABORATORIES
• Upon the recommendation of the Medical Technology Board, the
Department of Education and Culture shall approve schools of Medical
Technology in accordance with the provisions of this Act, as amended, in
conjunction with the Board of Medical Technology.
• The Department of Health through the Bureau of Research and
Laboratories shall approve laboratories for accreditation as training
laboratories for medical technology students or postgraduate trainees in
conjunction with the Board of Medical Technology.
• The laboratories shall show satisfactory evidence that they possess
qualified personnel and are properly equipped to carry out laboratory
procedures commonly required in the following fields: Clinical
Chemistry, Microbiology, Serology, Parasitology, Hematology, Blood
Banking, Clinical Microscopy, and Histopathologic techniques, and that
the scope of activities of said laboratories offer sufficient training in
said laboratory procedures.
FUNCTIONAL PROVISIONS:
MEDICAL TECHNOLOGY
BOARD EXAMINERS
SECTION 7: MEDICAL
TECHNOLOGY BOARD SECTION
8: QUALIFICATION OF EXAMINERS
SECTION 9: EXECUTIVE OFFICERS
OF THE BOARD
SECTION 10: COMPENSATION OF MEMBERS OF THE MEDICAL
TECHNOLOGY BOARD EXAMINERS SECTION 11: FUNCTIONS &
DUTIES PERFORMED
SECTION 12: REMOVAL OF THE BOARD OF MEMBERS
SECTION 7: MEDICAL TECHNOLOGY BOARD
• There is hereby created a Medical Technology Board under the
Professional Regulation Commission, which shall thereafter be referred
to as the board composed of
• a Chairman who is a pathologist; and
• two (2) members who are registered medical technologists who shall
be appointed by the President of the Republic of the Philippines upon
recommendation of the Professional Regulation Commission.
• The Chairman and members of the Board shall hold office for three (3)
years after appointments or until their successors shall have been
appointed and duly qualified: Provided, That the incumbent members
will continue to serve until the expiration of their terms. In case of
death, disability, or removal of a member of the Board, his successor
shall serve only the balance of his term.
SECTION 8: QUALIFICATION OF EXAMINERS
No person shall be appointed as member of the Board of Examiners for Medical
Technology unless he or she is:
1. is a Filipino citizen;
2. is of good moral character;
3. is a qualified Pathologist, or a duly registered medical technologist of the
Philippines with the degree of Bachelor of Science in Medical Technology/Bachelor
of Science in Hygiene/Public Health;
4. has been in practice of laboratory medicine or medical technology for at least ten
years prior to his appointment, and
5. is not a member of the faculty of any medical technology school for at least two
(2) years prior to appointment or having any pecuniary interest direct or indirect
in such institution: Provided, however, That for the first three years following the
approval of this Act, the requirements mentioned in number four (4) shall be
reduced to five years.
SECTION 9: EXECUTIVE OFFICER OF THE
BOARD SECTION 10: COMPENSATION OF
MEMBERS OF THE MEDICAL TECHNOLOGY
BOARD EXAMINER
• COMMISSIONER OF THE CIVIL SERVICE
• Each member of the Board shall receive as sum of ten
pesos for each applicant examined and five 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 and required, conformably with the
provisions of this Act, 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 and medical laboratory technician;
D. Look into conditions affecting the practice of medical technology in the
Philippines and, whenever necessary, adopt such a measure may be deemed
proper for the maintenance of good ethic and standards in the practice of
medical technology;
SECTION 11: FUNCTIONS AND
DUTIES OF THE BOARD
The Board is vested with authority and required, conformably with the provisions of
this Act, to
E. Investigate such violations of this Act or of the rules and regulations issued
thereunder as may come to the knowledge of the Board and, for this purpose issue
subpoena and subpoena duces tecum to secure appearance of witnesses and
production of documents in connection with charges presented to the Board; and
F. f. Draft such rules and regulations as may be necessary to carry out the provisions
of this Act: Provided, that the same shall be issued only after the approval of the
President of the Philippines;
G. g. To determine the adequacy of the technical staff of all clinical laboratories and
blood banks before they could be licensed with the Department of Health in
accordance with R.A. No. 4655 and 1517;
SECTION 11: FUNCTIONS AND
DUTIES OF THE BOARD
The Board is vested with authority and required, conformably with the provisions of
this Act, to
H. To prescribe the qualifications and training of medical technologists as to special
fields of the profession and supervise their specialty examination conducted by the
professional organization of medical technologists accredited by the Professional
Regulation Commission;
I. To classify and prescribe the qualification and training of the technical staff of
clinical laboratories as to: Medical Technology; Medical Technologist; Senior Medical
Technologist; Medical Technologist and Medical Laboratory Technician.
SECTION 12: REMOVAL OF
MEMBERS
• Any member of the Board may be removed by the President of the Philippines
for neglect of duty, incompetency, malpractice or unprofessional, unethical,
immoral or dishonorable conduct after having been given opportunity to
defend himself in a proper and administrative investigation: Provided, that
during the process of investigation, the President shall have the power to
suspend such member under investigation and appoint a temporary member
in his place.
FUNCTIONAL PROVISIONS:
INHIBITION TO PRACTICE
MEDICAL TECHNOLOGY
SECTION 14: INHIBITION AGAINST THE PRACTICE OF
MEDICAL TECHNOLOGY
SECTION 14: INHIBITION AGAINST
THE PRACTICE OF MEDICAL
TECHNOLOGY
• No person shall practice or offer to practice medical technology as defined in
this Act without having previously obtained a valid certificate of registration
from the Board provided that registration shall not be Required of the following:
a. Duly registered physicians.
b.Medical technologist 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.
FUNCTIONAL PROVISIONS:
MEDICAL TECHNOLOGY
LICENSURE EXAMINATION
SECTION 15: EXAMINATION
SECTION 16: QUALIFICATION OF EXAMINER
SECTION 17: SCOPE OF EXAMINATION SECTION
18: REPORTING OF A RATING SECTION 19:
RATING ON EXAMINATION SECTION 27: FOREIGN
RECIPROCITY
SECTION 15: EXAMINATION
• Except as otherwise specifically allowed under the provision of this
Act, all applicants for registration as medical technologist shall be
required to undergo written examination which shall be given by the
Board annually in the greater Manila area, Cebu, and Davao during
the month of August or September on such days and places as the
Board may designate. Written notices of such examination shall be
published in at least three newspapers of national circulation by the
Secretary of the Board of least thirty days prior to the date of
examination.
SECTION 16: QUALIFICATION OF
EXAMINER
• Every applicant examination under this Act, shall, prior to the date
thereof, furnish the Board satisfactory proof that he or she:
• a. Is in good health and is of good moral character;
• b. Has completed a course of at least four (4) years leading to the
degree of Bachelor of Science in Medical Technology or Bachelor of
Science in Public Health conferred by a recognized school, college or
university in accordance with this Decree or having graduated from
some other profession and has been actually performing medical
technology for the last five (5) years prior to the date of the
examinations, if such performance began prior to June 21, 1969.
SECTION 17: SCOPE OF
EXAMINATION
• The examination questions shall cover the following subjects with their
respective relative weights:

• Clinical Chemistry .......................................................... 20%


• Microbiology & Parasitology ............................................... 20%
• Hematology .................................................................. 20%
• Blood Banking & Serology .................................................. 20%
• Clinical Microscopy (Urinalysis and other body fluids)..………......... 10%
• Histopathologic Techniques, Cytotechnology, Medical Technology Laws, Related
Laws and its implementing rules, and the Code of Ethics ........….. 10%
SECTION 17: SCOPE OF
EXAMINATION
• The Board shall prepare the schedule of subjects for examination and to submit
the same to the Commissioner of the Professional Regulation Commission for
publication at least thirty (30) days before the date of examination. The Board
shall compute the general average of each examinee according to the above-
mentioned relative weights of each subject. Provided, however, that the Board
may change, add to or remove from the list of subjects or weights above as
progress in the science of Medical Technology may require, subject to the prior
approval of the Professional Regulation Commission, and publication of the
change or amendment at least three (3) months prior to the date of examination
in which the same is to take effect.
SECTION 18: REPORTING OF
RATING
• The Board shall, within one hundred and twenty days
after the date of completion of the examination, report
the result thereof to the Commissioner of Civil Service,
who shall submit such result to the President of the
Philippines for approval.
SECTION 19: RATING IN THE
EXAMINATION
• In order to pass the examination, a candidate must obtain a general average of at
least seventy-five percent in the written test, with no rating below fifty percent in
any of the major subjects: Provided, That the candidate has not failed in at least
sixty percent of the subjects computed according to their relative weights.
• No further examinations, unless and until he shall have completed 12 months
refresher course in an accredited laboratory: Provided, That graduate of
paramedical profession other than Bachelor of Science in Medical
Technology/Bachelor of Science in Hygiene admitted to an examination under the
provisions of this Act shall not be given further examinations after the provisions of
this Act shall be given further examinations after his failure to qualify for the third
time.
SECTION 27: FOREIGN
RECIPROCITY
• No foreigner shall be admitted to examination, or be given
a certificate of registration or be entitled to any of the
rights and privileges under this Act, unless the country or
state of which he is a subject or citizen permits Filipino
Medical Technologist to practice within its territorial limits
on the same as the subject or citizens of said country or
state.
FUNCTIONAL PROVISIONS:
BOARD
CERITIFICATIONS
SECTION 20: OATH TAKING
SECTION 21: ISSUANCE OF THE CERTIFICATE OF
REGISTRATION SECTION 22: FEES
SECTION 23: REFUSAL TO ISSUE A
CERTIFICATE SECTION 24:
ADMINISTRATIVE INVESTIGATION
SECTION 25: APPEAL
SECTION 26: REINSTATEMENT, REISSUE OR REPLACEMENT
OF THE CERTIFICATE
SECTION 20:
OATH TAKING
• All successful examinees shall be required to take a
professional oath before the Board or before any person
authorized to administer oaths prior to entering upon the
practice of medical technology in the Philippines
SECTION 21 : ISSUANCE OF THE
CERTIFICATE OF REGISTRATION

• Every applicant who has satisfactorily passed the required examination for
medical technologist shall be issued a certificate of registration as such:
Provided, That no such certificate shall be issued to any successful applicant
who has not attained the age of twenty-one (21) years.
• All certificate shall be signed by the members of the Board and by the
Commissioner of the Professional Regulation Commission. The duly
registered medical technologists shall be required to display his certificate
of registration in the place where he works.
SECTION 21 : ISSUANCE OF THE
CERTIFICATE OF REGISTRATION
• Provided, that upon application filed and the payment of the required fee of
one hundred and fifteen pesos (P115.00) the Board shall issue a certificate of
registration as medical technologist without examination to persons who have
been graduated with Bachelor of Science in Medical Technology/Bachelor of
Science in Public Health in duly recognized schools of medical technology in
the Philippines or in any foreign country,
• Provided, That in case of the latter, the standard of medical technology
education is substantially the same as ours, and in addition shall have been in
the practice of medical technology for at least three (3) years prior to the
filing of the application in laboratories in the Philippines duly accredited by
the Bureau of Research and Laboratories, Department of Health, or in foreign
countries if such performance began prior to June 21, 1969 and also to all
other persons who having graduated from other professions have been actually
performing medical technology practice for the last eight (8) years prior to
filing of the application,
SECTION 21 : ISSUANCE OF THE
CERTIFICATE OF REGISTRATION
• Provided, that such performance began prior to June 21, 1969.
• Provided, further, that the Board shall likewise issue a certificate of registration as medical
laboratory technician without examination to any person who upon application and payment
of the required fee of fifty pesos (P500.00) show evidence satisfactory to the Board that:
1. He or she passed the civil service examination for medical technician given on March 21,
1964; or
2. Has finished a two-year college course and has at least one (1) year of experience as
medical laboratory technician, Provided, that for every year of deficiency in college
attainment two (2) years of experience may be substituted; Provided, further, that an
applicant who has at least ten (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; or
3. 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.
SECTION 22: FEES

• The Board shall charge each applicant for examination and registration the
sum of fifty pesos for each certificate of registration issued without prior
examination in accordance with the provisions of this Act the sum of
twenty-five pesos; for issuance of a new certificate to replace certificate
lost, destroyed or mutilated, the Board shall charge the sum of ten pesos.
All such fees shall be paid to the disbursing officer of the Civil Service
Commission who shall pay from the receipts thereof, all authorized
expenses of the Board including the compensation of each member.
SECTION 23: REFUSAL TO ISSUE A
CERTIFICATE
• The Board shall refuse to issue a certificate of registration to any person
convicted by the court of competent jurisdiction of any criminal offense
involving moral turpitude, or any person guilty of immoral or dishonorable
conduct, or of unsound mind, or incurable communicable disease, and in
such shall be give to the applicant a written statement setting forth the
reason for its action, which statement shall be incorporated in the record
of the Board.
SECTION 24: ADMINISTRATIVE INVESTIGATION

– REVOCATION OR SUSPENSION OF LICENSE


• Administrative investigation shall be conducted by at least two members
of the Board with one legal officer sitting during all administrative
proceedings, the respondents shall be entitled to be represented by
counsel or be heard in person, to have a speedy and public hearing, to
confront and cross-examine witnesses against him or her, and to all other
rights guaranteed by the Constitution. The Board may, after giving proper
notice and hearing to the party concerned reprimand an erring medical
technologist or revoke or suspend his certificate of registration for causes
mentioned in the next preceding section or for causes enumerated in
section twenty-nine (29) of this Act, or for unprofessional conduct,
malpractice, incompetency, or serious ignorance or Gross negligence in
the practice of medical technology.
SECTION 24: ADMINISTRATIVE INVESTIGATION

– REVOCATION OR SUSPENSION OF LICENSE


• No penalty of revocation shall be imposed unless there is a unanimous
vote of all the three members of the Board. The Board may, by majority
vote, impose the penalty or reprimand or suspension, the latter however
not to exceed two years. 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 thirty days after the
decision becomes final, under the pain of perpetual disqualification from
the practice of medical technology in the Philippines for inexcusable
failure to do so. The suspension shall run from the date of such surrender.
SECTION 25: APPEAL
• The revocation or suspension of a certificate made by
the Board shall be subject to appeal to the Civil Service
Commissioner whose decision shall become final thirty
days after its promulgation, unless the respondent
within the same period has appealed to the office of the
President of the Philippines.
SECTION 26: REINSTATEMENT, REISSUE or
REPLACEMENT OF CERTIFICATE
• The Board may, upon application and for reason deemed proper and
sufficient, reissue any revoked registration certificate. The suspension of
a certificate shall be re-issued to the medical technologist concerned
upon request without prejudice to further actions by the Board for
violation of the provisions of this Act or conditions imposed by the Board
upon the medical technologist during the period of suspension.
CONCLUDING PROVISIONS: PENAL PROVISIONS, CLOSING
CLAUSES

SECTION 28: ROSTER OF MEDICAL


TECHNOLOGIST SECTION 29: PENAL PROVISION
SECTION 30: SEPARABILITY CLAUSES
SECTION 31: REPEALING CLAUSES
SECTION 28: ROSTER OF MEDICAL
TECHNOLOGIST
• A roster of Medical Technologist shall be prepared annually by the Secretary
of the Board, commencing on the year following that in which this Act shall
become effective. This roster shall contain the name, address and
citizenship of each registered Medical Technologist, date of registration or
issuance of certificate, and other data which in the opinion of the Board
are pertinent. The roster shall be open to public inspection and copies
thereof shall be mailed to each person included therein, placed on file in
the Office of the President, furnished all Department Heads and all bureau,
offices and instrumentalities of the Department of Health and to such other
offices, private or governmental, and to the public upon request.
Section 29: PENAL PROVISION
• Without prejudice to the provision of the Medical Act of 1959 as amended relating
to illegal practice of Medicine, the following shall be punished by a fine of not less
than two thousand pesos nor more than five thousand pesos, or imprisonment for
not less than six months nor more than two years, or both, in the discretion of the
court:
A. Any person who shall practice Medical Technology in the Philippines without being
registered or exempted from registration in accordance with the provisions of
this Act;
B. Any medical technologist, even if duly registered, who shall practice medical
technology in the Philippines without the necessary supervision of a qualified
pathologist or physician authorized by the Department of Health;
C. Any medical technologist who shall knowingly make a fraudulent laboratory
report;
Section 29: PENAL PROVISION
• Without prejudice to the provision of the Medical Act of 1959 as amended relating to
illegal practice of Medicine, the following shall be punished by a fine of not less than two
thousand pesos nor more than five thousand pesos, or imprisonment for not less than six
months nor more than two years, or both, in the discretion of the court:
D. Any duly registered medical technologist who shall refuse or fail, after due warning by
the Board to display his certificate of registration in the place where he works;
E. Any person presenting or attempting to use as his own, the certificate of registration of
another;
F. Any person who shall give any false or fraudulent evidence of any kind to the Board or
any member thereof in obtaining a certificate of registration as Medical Technologist;
G. Any person who shall impersonate any registrant of like or the same name;
H. Any person who shall attempt to use a revoked or suspended certificate of registration;
Section 29: PENAL PROVISION
• Without prejudice to the provision of the Medical Act of 1959 as amended relating to
illegal practice of Medicine, the following shall be punished by a fine of not less than two
thousand pesos nor more than five thousand pesos, or imprisonment for not less than six
months nor more than two years, or both, in the discretion of the court:
I. Any person who shall in connection with his name or otherwise, assume, use or advertise
any title or description tending to convey the impression that he is a Medical
Technologist without holding a valid certificate of registration;
J. Any person or corporate body who shall allow anyone in his employ who is not a
registered medical technologist/medical laboratory technician to engage in the practice
of medical technology or recommend for appointment anyone to the position of medical
technologist/medical laboratory technician knowing that he is not registered as such.
K. Any person or corporate body who shall violate the rules and regulations of the Board or
orders promulgated by it after having been duly approved and issued by the President of
the Philippines upon recommendation of the Commissioner of Civil Service28 for
thepurpose of carrying out the provisions of this Act.
SECTION 30: SEPARABILITY
CLAUSES
• All acts, executive, rules and regulations, or parts thereof
inconsistent with the provisions to any persons or circumstances is
declare invalid by a court of competent jurisdiction, the remainder
of this Act of the application of such provisions to other persons or
circumstances shall not be affected by such declaration.
SECTION 31: REPEALING CLAUSE
• All acts, executive, rules and regulations, or parts thereof inconsistent
with the provisions of this Act are hereby repealed: Provided, however,
that nothing in this Act shall be construed as repealing or amending any
portion of the Medical Act of 1959 (R.A. 2382, as amended by R.A. 4224),
the Clinical Laboratory Act of 1966 (R.A. 4688), and the Blood Banking Law
of 1956 (R.A. 1517).
SECTION 32: EFFECTIVITY
• This Act shall take effect upon its approval.

• Approved, June 21, 1969.


Legal Issues and Concerns in RA 5527
• The legal issues and concerns that should be addresses in the amendment
proceedings of R.A. 5527 and other Presidential Decrees.
1. Inhibition against the practice of Medical Technology
2. Acts of Omission or negligence and malpractice
3. Absence of a supervising pathologist
4. Issuance and revocation of license certificate of registration
5. Biohazard pay extended to practicing medical technologist
6. Legal assistance extended to aggrieved medical technologist
7. Use of techniques by other healthcare professionals
8. The claim for ownership

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