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5527
REPUBLIC ACT NO. 5527 - AN ACT REQUIRING THE REGISTRATION
OF MEDICAL TECHNOLOGISTS, DEFINING THEIR PRACTICE, AND
FOR OTHER PURPOSES
Section 1. Title. – This Act may be also cited as the Philippine Medical
Technology Act of 1969.
Sec. 2. Definition of Terms. – As used in this Act, the following terms shall
mean:
(a) To recommend the minimum required curriculum for the course of medical
technology.
(h) To promulgate and prescribe and enforce necessary rules and regulations
for the proper implementation of the foregoing functions.
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SECTION 11. Functions and Duties of the Board. – The Board is vested with
authority and required, conformably, with the provisions of this Act, to:
(c) Issue, suspend and revoke certificates of registration for the practice of
medical technology;
(d) Look into conditions affecting the practice of medical technology in the
Philippines and, whenever necessary, adopt such measures as may be
deemed proper for the maintenance of good ethics and standards in the
practice of medical technology;
(e) Investigate such violations of this Act or of the rules and regulations
issued thereunder as may come to the jurisdiction of the Board and, for this
purpose issue subpoena and subpoena duces tecum to secure appearance of
witnesses and promulgations of documents in connection with charges
presented to the Board; and
( 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.
SECTION 12. Removal of Board 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 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.
(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.
(b) Has completed a course of at least four years leading to the degrees of
Bachelor of Science in Medical Technology or Bachelor of Science in Hygiene
conferred by a recognized school, college or university in accordance with this
Act and all other persons having graduated from other paramedical
professions who are actually performing medical technology for the last five
years prior to the enactment of this Act provided they meet the minimum
requirements mentioned in Section Six exceeding one year undergraduate
internship or practical training.
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The Board shall prepare the schedule of subjects for examination and to
submit the same to the Commissioner of Civil Service for publication at least
four months before the date of examination. The Board shall compute the
general average of each examinee according to the abovementioned relative
weights of the subjects: 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 council.
SECTION 18. Report 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.
Sec. 22. Fees. – The Board shall charge each applicant for examination and
registration the sum of fifty pesos and 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.
Sec. 23. Refusal to Issue Certificate. – The Board shall refuse to issue a
certificate of registration to any person convicted by a court of competent
jurisdiction of any guilty of immoral or dishonorable conduct, or of unsound
mind, or incurable communicable disease, and in such case shall 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.
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 the 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.
(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;
(d) Any duly registered medical technologist who shall refuse or fail, after due
warning by the Board to display his certificate or 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 member thereof in obtaining as certificate of registration a
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;
(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;
Sec. 29. Penal Provisions. – Without prejudice to the provision of the Medical
Act of 1959 as amended, pertaining 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 the 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;
(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 device of any kind to
the Board of any member thereof obtaining a certificate of registration as
Medical Technologist;
(g) Any person who shall impersonate any registrant of a fake or the same
name;
(h) Any person who shall attempt to use a revoked or suspended certificate
of registration;
(i) Any person who shall in connection with his name 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 who shall violate any provision of this Act; or
(k) Any person or corporate body who shall violate the rules and regulations
of 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 Service for the purpose of carrying out the provisions
of this Act.
Sec. 30. Separability Clause. – If any provision of this Act or the application
of such provision to any person or circumstance is declared invalid by a court
of competent jurisdiction, the remainder of this Act or of the application of
such provision to other persons or circumstances shall not be affected by such
declaration.
Sec. 31. Repealing Clause. – All Acts, executive orders, 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).
Sec. 32. Effectivity. – This Act shall take effect upon its approval.