Republic of tlie Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONG RESS
First Regular Session
HouseBi||No.8057
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT PROVIDING FOR A PHYSICIAN'S ACT
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382, AS AMENDED,
OTHERWISE KNOWN AS THE `MEDICAL ACT OF 1959'
EXPLANATORY NOTE
Republic Act No.  2382 or "The Medical Act of 1959", as  amended by Republic Act Nos. 4224 and
5946, are the laws that govern the practice of the medical profession, enacted between 50 to 60 years
ago.  However,  Medicine,  as  a  health  science,  is  always  experiencing  development  in  education,
practice, technology, and systems.
Over the years, dramatic advances in various disciplines in the science and technology of medicine
have  revolutionized  the  diagnosis,  treatment,  and  management  of disease.  The  rapid  progress  of
modem medicine dictates the need to upgrade and update the curriculum of the study and practice of
medicine. There is an urgent need therefore to update the existing Medical Act of 1959 that has been
the standard reference in the practice of medicine.
This  bill  seeks  to  squarely  address  these  changing  dynamics  of the  practice  of modem  medicine,
focused on these key aspects: (1) upgrade of standards and regulations on basic medical education,
medical  internship,  and  post-graduate medical  education and training;  (2) conduct of licensure and
registration  of physicians;  (3)  supervise  and  regulate  the  practice  of medicine;  (4)  integrate  the
profession  under  one  national  professional  organization  of physicians;  (5)  uphold  of the  patient
welfare and patient safety as the primary consideration in the practice of medicine; and (6) pr{>mote
competence, moral values, and professional ethics of members of the medical profession.
The  bill  likewise  provides  for  the  creation  of the  Medical  Education  Council  (MEC)  under  the
Commission  on  Higher  Education  (CHED);  Professional  Regulatory  Board  of Medicine  (PRBM)
under  the  Professional  Regulation Commission  (PRC);  Post-Graduate  Medical  Education  C{]uncil
(PGMEC) under the Professional Regulatory Board of Medicine (PRBM); and the Integrated Na.tional
Professional  Organization  of  Physicians  (INPOP).   These  offices  and  agencies  will  ensure  the
development of the medical profession, which in effect can offer more protection to the economic and
social conditions of its practitioners.
The bill also opens up the practice of profession to foreigners conditioned on reciprocity; provides for
penalties for illegal practice of medicine;  and stipulates a definition of medical malpractice arid the


corresponding penalties  for such.  These policies have long been absent in the existing laws on the
medical profession, and these same policy issues should now be addressed more than ever.
This   measure   previously   passed   the   third   reading   in   the   l8th   Congress.   It  was   proposed   by
Representatives  Angelina  "Helen"  D.L.  Tan,  M.D.,  Lui  N.  Campos,  Jr.,  Maricel  G.  Natividad-
Nagafio,  Frederick  W.  Siao,  Erie  G.  Yap,  Ferdinand  R.  Gaite,  Eufemia  "Ka  Femia"  C.  Cu]lamat,
France L. Castro, Arlene D. Brosas, Sarah Jane I. Elago, Raymund Democrito C. Mendoza, Dahlia A.
Loyolag Aurelio "Dong" D.  Gonzales, Jr.,  Rufus 8.  Rodriguez,  Gabriel H.  Bordado, Jr.,  ManLiel  D.
Cahochan  Ill,  Precious  Hipolito  Castelo,  Ciriaco  8.  Gate,  Jr.,  Evelina  G.  Escudero,  Rose  Marie
"Baby" J.  Arenas, Henry S.  Oaninal, Pablo John F.  Garcia, Deogracias Victor "DV" 8.  Savellano,
Ruffy  8.  Biazon,  Peter  John  D.  Calderon,  Junie  E.  Cua,  Luisa  Lloren  Cuaresma,  Manuel  Jose
"Manmix" M. Dalipe, Paul Ruiz Daza, John Michael R. Dunvit,  Vincent Franco "Duke" D. Flrasco,
Greg G. Gasataya, Romeo S. Mono, Manuel T.  Sagarbarria, Jose "Ping-Ping" I. Tejada, Micaela S.
Violago, Antonio "Tonypet" T.  Albano, Yasser Alonto Balindong, Alfel M. Bascug, Jose Fraricisco
"Kiko" 8.  Benitez,  Argel Joseph T.  Cabatbat,  Wilfredo ``Willy"  S.  Caminero,  and Carl Njcolas C.
Cari as principal authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
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Republic of tlte Philippines
HOU SE OF REPRESHNTATIVES
Quezon Cfty, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBi||No.8057
Introduced by Representative Midy N. Cua
Lone Distrlet, Quirino
AN ACT PROVIDING FOR A PHYSICIAN'S ACT
REPFALING FOR THE PURPOSE REPUBLIC ACT NO. 2382, AS AMHNDED,
OTHERWISE KNOWN AS THF `MEDICAL ACT OF 1959'
Be it enacted by the Senate and House Of Representalives Of the Philippines in Congress assembled:
ARTICLH I
pOLlcy, oEuncTlvEs, AND ENFORCERENT
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4       SECTION 1. Sfeor/ rzt/e. -This Act shall be known as the "Physicians Act".
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6       SIC. 2. Dec/czrcr/z`o# a/Policy. -The state recognizes the vital role of physicians in the preservation,
7       maintenance, safeguarding, treatment, and enhancement of the life, health, and general welfare of the
8       citizenry. The professional services of physicians shall, therefore, be promoted as a regula,r component
9       of the total health care system.
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11        SEC. 3. OZ)y.ecf!.veLT. -This Actprovides for and shall govern the:
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a)    Standardization,  upgrading,   and  regulation  of  the  basic  medical  education,  medical
internship, and post-graduate medical education and training;
b)   Conduct of the Physician's Licensure Examination, and the licensure and registration of
physicians;
c)    Supervision and regulation of the practice of medicine;
d)   Integration of the profession under one national professional organization o]` physicians;
and
e)    Upholding  of patient  welfare  and  patient  safety  as  the  primary  consideration  in  the
practice of medicine and promoting competence, moral values, and professional ethics of
members of the medical profession.
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28       SEC. 4. E#/orceme#/. -For purposes ofimplementing the provisions of this Act, there shall be created
29       the following: Medical Education council, hereinafter referred to as the MEC; Professional Regulatory
30       Board of Medicine, hereinafter referred to as the PRBM; Post-Graduate Medical Educal,ion council,
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1        hereinafter  referred  to  as  the  PGMEC;  and  the  Integrated  National  Professional  Organization  of
2        Physicians(INPOP).
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4                      They shall call upon or request any department, instrumentality, office, bureau,  institution or
5       agency of the government, including local government units (LGUs) to render such assistance as they
6       may require or to coordinate or cooperate in order to cany out, enforce or implement the professional
7       regulatory policies of the government or any program or activity they may undertake pursuant to the
8       provisionsofthisAct.
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I 0                                                                                   ARTICLE II
11                                                                         DEFINITION OF TERMS
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13       SEC. 5. De¢#i./i.ow o/rerms. -As used in this Act:
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a)   j4ccredz./c7/i.o# refers to an evaluation mechanism of the Professional Regulat(try Board of
Medicine  (PRBM) of the Professional Regulation Commission  (PRC) through the  Post
Graduate   Medical   Education   Council   (PGMEC)   that   assesses   the   capability   of  a
healthcare institution to conduct a post-graduate medical education or training prograni in
a particular specialty or subspecialty of medicine through compliance with a series of pre-
defined, explicitly written standards;
b)   Bar;.c. mec7I.ca/ ed"cc}fz.o# refers to a four (4)-year post-baccalaureate program offered by a
medical college recognized by the Commission on Higher Education (CHED) composed
of core curricular and clinical subjects, the completion of which leads to the confement
of the  degree  of Doctor  of Medicine  and  grants  the  holder  the  eligibility  to  take  the
Physician Licensure Examination after a one (I)-year medical  internship;  or a five (5)-
year post-baccalaureate program inclusive of a one (1)-year medical internship offered by
a medical college recognized by CHED composed of core curricular and clinical subjects,
the completion of which leads to the confement of the degree of Doctor of Medicine and
grants the holder the eligibility to take the Physician Licensure Examination;
c)    C/j.#z.co/ c/crdsfejz)  refers to  a course  offered  in the  fourth  (4th)  year of a basic medic€il
education program that consists of supervised,  tine-bound rotations  and  application  of
patient  and  community  care  in  different  medical  disciplines  in  hospital,  community,
classroom  and  other  teaching-learning  settings  involving  both  didactic  and  practical
studies;
d)   Hj.gfeer ed"ca#.o# i.#sr}./wfj.o#  /ffEJJ refers to an educational  institution, private or public,
undertaking operations of higher education programs with an organized group of students
pursuing defined studies in higher education, receiving instruction from teachers, usually
located  in a building or group of buildings  in  a particular site  specifically  intended for
educational purposes ;
e)    J#egrz/ pracfJ.ce o/medJ.cz.#e refers to the practice of the medical profession without the
requi.red   valid   certificate   ()f      registration   for   physicians   and   valid   professional
identification card issued by the PRC;
I)    /##o`Jafj.vc   cwrrjcw/#m   refers   to   a   curriculum   that   applies   non-traditional,   flexible,
creative,  and  open  curricular  frameworks,  teaching-leaming  models,  and  methods  of
evaluation and assessment applied to basic medical education in real world situations as
defined by the Commission on Higher Education (CHED);
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g)   Medi.ca/ co//egg refers to leaning institution which has complied with the standards and
requirements  set  forth  and  duly  recognized  by  the  CHED  to  offer  a  complete  basic
medical  education  program  leading to  a degree of Doctor of Medicine.  It may  also  be
known as   College  of Medicine,  Faculty  of Medicine,  Institute  of Medicine,  School  of
Medicine, Medical Schools or other similar names;
h)   Mec7z.ca/ z.72/ermsfo7.p refers to a one ( 1 )-year post graduate internship training program after
completion of four (4) years of basic medical education from a medical college or the fifth
(5th)  year  of a  five  (5)-year  basic  medical  education  program  that  is  supervised  and
monitored  by  the  Medical  Education  Council  (MEC)  in  which  a  Doctor  of Medicine
undergoes  a supervised,  time-bound rotation and application of patient and  community
care  in  different  medical  disciplines  in  accredited  hospitals  and  other  settings  as  a
requisite for the Physician Licensure Examination;
i)    A4:edz'ccr/  specz.cltry  refers  to  a  major  branch  or  discipline  of medicine  under  which  a
physician has special knowledge and skill acquired after  residency or specialized training
in an accredited specialty training institution;
j)    PkySz.cj.o#  I,z.ce#s"re  E)cami.#c}/joJ?   refers  to   an  evaluative  process   conducted  by  the
Professional  Regulatory  Board  of Medicine  (PRBM)  to  eligible  candidates  in  order to
obtain a license to practice medicine;
k)   Posf-gredwcz/e  "cdj.c¢/  edwccz/I.o#  refers  to  an  educational  program  either  through  a
clinical or non-clinical track or alternative track, pursued after conferment of a Doctor of
Medicine  degree,  and  referring  to  any  type  of fomal  medical  education/training  in  a
hospital,  community,  facility,  institute,  or  higher  education  institution  (HEI)  or  any
combination thereof leading to specialization;
I)    Post-graduate   medical   education  -   clinical   track  refers  to  a  posfrgraiduate  medic`z\1
education/   training   pl`ogram   for   licensed   physicians   in   a   particular   specialty   or
subspecialty  of medicine  in  a  PRBM  accredited  training program  in  a  hospital#  AND
community   setting   involving      direct   patient   cai.e   and   may   include   residency   or
subspecialty fellowship training;
in)  Post-grcrdwc!fe  "edj.ccz/ ed"ccrfz.ow  - #o#-c/j.#j.ccr/  "crc* refers  to  a post-graduate  medical
education and training program for medical graduates or licensed physicians in a higher
education  institution  (HEI)  conferring a post-graduate  academic  degree  involving basic
medical  sciences  or other health-related fields  or disciplines  without direct  patient care
and includes, research, medical education, public health, health systems and health-related
administration;
n)   Posf-grcrdw¢fe  medJ.CCJ/  ec7"ca/i.o#  -  a//ema/i.t;e  /rcrc# refers  to  a  post  graduate  medical
education  and  training  program  of  licensed  physicians  for  a  particular  specialty  of
medicine  in  a  Department  of Health  (DOH)  accredited  alternative  track,  consisting  of
preceptorship, modular, mentorship, or clinical fellowship training of not less than two (2)
years of clinical practicum and comprehensive direct specialty patient care;
o)   PrJ."cny   cczre   refers   to   initial   contact,   accessible,   continuous,   comprehensive   and
coordinated care that is accessible at the time of need including a range of services for all
presenting conditions, and the ability to coordinate referrals to other health care providers
in the health care delivery system, when necessary;
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p)   Rcsz.de#£/Fe//ow irc]j.#ee refers to a licensed physician undergoing post-graduate medical
education and training in a particular specialty for resident or subspecialty for fellow of
medicine  in  a  I)OH-Retained  Hospital  or  Professional  Regulatory  Board  of Medicine
(PRBM) and Integrated National Professionals of Physicians (INPOP) accredited training
institution;
q)   Spec;.a/fy Board Cer/j#!.#g Exc}mJ.#cr/j.o# refers to the evaluative process conducted by the
PRBM and INPOP;
r)    fpecz.cr/ perm;./  refers  to  the  document  secured  by  a  foreign  medical  professional  in
absence  of a  reciprocity  agreement,  executive  agreement,  or  treaty,  to  be  allowed  to
practice medicine in the Philippines;
s)    re/emedz'cj.#e   refers   to   the    practice    of   medicine   by   means   of   electronic    and
telecommunications technologies such as by telephone, internet-enabled messaging, short
messaging  service  (SMS),  or  audio-  and  video-conferencing to  deliver health  care that
cannot  otherwise  be  done  face-to-face  due  to  certain  conditions  such  as  the  physical
distance between the patient and the physician, and;
t)    remporory   trcw.#j.ng  permj./  refers   to   the   document   secured   by   a   foreign  medical
professional after compliance with the requirements for medical residency training or post
graduate medical education training which shall be valid for a period co-terminus with the
medical  residency  post-graduate  medical  education training,  unless  sooner  revoked  for
Cause.
ARTICLE Ill
27             THE MEDICAL EDUCATION COUNCIL AND THE MEDICAL DEGREE PROGRAM
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29       SEC.  6.  Crecr/i.o#. - The Medical  Education Council (MEC)  shall be  created under the  CHED and
30       shall be composed of the following:
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a)    Chairperson  of  the   CHED   or  the   Chairperson's   duly   authorized   representative   as
Chairperson of the MEC ;
b)    Secretary of the DOH or the Secretary's duly authorized representative as member;
c)    Chairperson  of the  PRC-PRBM  or  the  Chairperson's  duly  authorized  representative  as
member;
d)   President of the INPOP or the President's duly authorized representative as member;
e)    The  president  of the  national  association  of medical  schools  duly  recognized  by  the
CHED or the president's duly authorized representative as member; and
f)    The president of the national association of hospitals duly recognized by the DOH or the
president's duly authorized representative as member.
The Chairperson and members Of the MEC shall hold office during their incumbency in the
49       respective institutions or associations that they represent.
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The MEC,  within  sixty (60) days after the  effectivity of this Act,  shall appoint a technical
panel on the medical  degree program composed  of at  least   seven  (7) outstanding members  of the
academe  or the  profession,  or  both,  whose  responsibility  is  to  assist  the  MEC  in  carrying  out  its
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1        functions  and  powers.   The  membership  of  the  technical  panel   shall  include  experts  from  the
2       following: two (2) from the academe, two (2) from the industry sector, two (2) from the DOH, and
3        one(l)fromtheINPOP.
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5                      The public officials shall perform their duties as such without compensation or remuneration,
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subject to reasonable per c7i.em allowances as approved by the MEC and subject to existing rules and
regulations  of the  Department  of Budget  and  Management  (DBM).  Members  thereof who  are  not
government officia]s  or employees  shall  be entitled to necessary travelling expenses, per d!.e"  and
representation  allowances  chargeable  against  the  funds  of the  CHED,  as  approved  by  the  MEC,
10        subject to existing rules and regulations of the DBM.
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SEC. 7. F"#c/I.o7Is and D#/z.cs. -The MEC shall have the following functions and duties:
a)    Authorize the opening of and recognize new medical schools especially in areas of need
upon compliance with the minimum requirements;
b)   Deterinine the minimum requirements for physical facilities of medical colleges such as
buildings,    hospitals,    equipment   and    supplies,    apparatus,    instruments,    appliances,
laboratories  and  bed  capacity  for  instruction  purposes,  operating  and  delivery  rooms,
facilities for out-patient services, community health services and others that are necessary
for didactic and practical instruction in accordance with modem trends;
c)    Determine  the  minimum  number  and the  standard  qualifications  of administrative  and
teaching persormel including student-teacher ratio :
d)   Determine the minimum required curriculum leading to the degree of Doctor (]f Medicine,
including internship ;
e)    Authorize the implementation of an acceptable innovative medical curriculum or strategy
in a medical college that has exceptional faculty, equipment and facilities. Such medical
college   with   an   innovative   curriculum   may   prescribe   admission   and   graduation
requirements other than those prescribed in this Act;
f)    Deter.mine   the   minimum   requirements   for  admission   into   a  recognized   college   of
medicine;
g)   Develop and put into place programs as well as adopt and implement policies which will
encourage  and allow applicants  from marginalized  areas or groups,  or both,  as well  as
financially-challenged  families  to  be  admitted  into  medical  colleges  and  complete their
medical education;
h)    Keep    a  registry  of medical  students  enrolled  in  medical  colleges,  and  conduct tracer
studies for medical graduates for up to five (5) years from graduation;
i)    Recommend to the CHED the closure or suspension of the degree program for Doctor of
Medicine of a medical college by reason of poor performance in the physicians liceusure
examination over a given period of time based on statistical data furnished by the PRBM,
or upon inspection of the medical school by the MEC for reasons of various deficiencies
or violations;
j)    Promulgate,  prescribe,  and enforce policies  and programs which will  ensure the proper
and  orderly  operations  and  upkeep  of medical  colleges  in  order  to  ensure  that  basic
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medical  education  is  not  treated  merely  as  a business  enterprise  but one with  a  social
dimension;
k)   Regulate, supervise and monitor the medical internship program; and
I)    Promulgate,  prescribe  and  enforce  the  necessary  rules  and  regulations  for  the  proper
implementation of the foregoing functions.
SIC. 8. M!.#j.mwrm Reg#!.re Cowrse. -The medical course leading to the degree of Doctor of Medicine
10       shall be undertaken for a period of four (4) years, inclusive ofclinical clerkship; or for five (5) years,
11        inclusive  of clinical  clerkship  and  medical  internship:  Provz.ded,  That  there  shall  be  no  tuition  or
12       misc,ellaneous fees charged for internship that shall cover the following  subjects:
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a)    Human Anatomy including Gross, Microscopic and Developmental Anatomy;
b)   Human physiology;
c)    Biochemistry, Molecular Biology, Genetics and Clinical Nutrition;
d)    Pharmacology   and   Non-Pharmacological    Interventions   and   Therapeutics   including
Altemative    Medicine,    Traditional    and    Complementary    Medicine    and    Philippine
Traditional Medicine:
e)    Microbiology, Parasitology and lmmunology;
i)    Internal Medicine, including Geriatrics and Dermatology;
g)    General and Clinical Pathology, Surgical Pathology and Onco]ogy;
h)   Obstetrics and Clynecology including Women's Health;
i)     Pediatrics and Nutrition including child protection;
j)     General surgery, and its divisions;
k)   Anesthesiology and pain Management;
I)     Orthopedics;
in)  Otorhinolaryngology;
n)    Ophthalmology;
o)   Psychiatry and Behavioral sciences;
p)   Basic and clinical Neurosciences;
q)   Family  and  Community  Medicine  including  Public  Health,  Preventive  Medicine  and
Health Economics, Primary Health Care;
r)    Medical Information technology and Telemedicine
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s)    Physical and Rehabilitation Medicine;
t)    History and perspectives in Medicine;
u)   Research, Evidence-based Medicine and Medical Infomatics, and Epidemiology;
v)   Health Rights, Legal Medicine, Medical Jurisprudence and Forensic Medicine; and
w)  Radiology and other diagnostic imaging.
The  minimum  curicular  content  regardless  of  the  curriculum  design   shall   include  the
13        following topics that should be integrated in all medical courses:
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a)    Bioethics, Professionalism and Good clinical practice;
b)   Patient Safety and Quality Assurance;
c)    Consultation Skills, Physical Diagnosis and Communication Skills;
d)   Andragogy, Trauma-Informed pedagogy;
e)    Disaster Risk Reduction and Management and Emergency Medicine;
f)    Leadership and Management and Technical Fluency;
g)   Inter-professional Education;
h)   Coaching and Mentoring; and
i)    Medical certification on the cause of Death.
The MEC may, however, recommend to the CHED the re-clustering or integration of subjects
34       as  may  be  necessary to  fit  into  the  four  (4)  or  five  (5)-year program  for the  degree  of Doctor  of
35        Medicine.
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SE;C. 9. Admission Requirements and Publication Of Academic Catalogue. -A medical coThege may
admit any student who presents all of the following:
a)    Diploma  or  Certificate  of  completion  of  Bachelor's  Degree  in  Science  or  Arts  or
completion  of  secondary  education  for  medical   colleges   offering  CHED   approved
irmovative curriculum;
b)   Certificate of good moral  character issued   by two (2)  fomer professors  in. the college
where a bachelor's degree was obtained, or by two (2) former teachers in hig.h school for
those  entering  in  a  CHED~approved  irmovative  curriculum,  or  by  the  head  of  the
indigenous peoples community;
c)    Birth certificate duly authenticated by the Philippine Statistics Authority (PSA); and
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d)   Certificate of passing marks of the national medical admission test and psychometric test
prescribed  or  conducted  by  the  CHED  not  more  than  two  (2)  years  from  the  time  of
admission; and
e)    For foreign students, a certificate of eligibility from the MEC  for admission to medical
school.
Only medical colleges extemally accredited by agencies recognized by the MEC may accept
9       foreign medical students.
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11                      A medical college may admit any student who has not been fmally convicted by a court of
12       competentjurisdiction of any criminal offense involving moral tixpitude and able to present all of the
13        aboverequirements.
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15                      Nothing in this Act shall be construed to prohibit any medical college from imp{)sing further
16       requirements relevant to the degree, in addition to the requirements set forth in this section.
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18                      Every medical college shall keep complete records of enrollment, grades, and graduates and
19       must publish each year a catalogue with the following information:
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a)    Date of publication;
b)   Calendar of academic year;
c)    Roll  of faculty  members,  indicating  whether  on  full-time  or part-time  basis,  and  their
qualifications
d)   Requirements for admission;
e)    Grading system;
I)    Requirements for promotion;
g)   Requirements for graduation;
h)   CuITiculum and description of course by department; and number of students enrolled in
each class in the preceding year.
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39       SHC.10. MecJj.ccr/ J#/ems¢;P progrczm. -The MEC shall, within sixty (60) days after the effectivity of
40       this Act, appoint technical panel on medical internship program composed ofa minimum of seven (7)
41        deans of CHED-recognized medical colleges or their representatives whose responsibility is to assist
42       the MEc in canying out its functions and duties on the medical internship program.
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44                      The members of this panel shall perform their duties without compensation or remuneration,
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subject to reasonable per diem allowances as approved by the MEC and subject to existing rules and
regulations of the DBM.  Members thereof who are not government officials or employees  shall be
entitled to necessary travelling expenses, per diem and representation allowances chargeable against
the  funds  of the  CHED,  as  approved  by the  MEC,  subject to  existing  rules  and regulations  of the
49       DBM.
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a)    Functions and Duties:
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1)   Formulate  a  one  (1)-year  standardized  curriculum  for  medical  intemshjp  that  may
either  be  rotating  hospital-based  or  community-oriented,   including  accreditation
standards for health institutions;
2)   Review the curriculum and accreditation standards at least every four (4) years;
3)   Formulate and implement regulations and procedures for accredited health institutions
including sanctions for non-compliance:
4)   Accredit  hospitals  and  other  health  facilities  or  settings  that  will  be  allowed  to
conduct a medical internship training program;
5)   Regularly evaluate and monitor the compliance of accredited health institutions with
the prescribed curriculum  and accreditation standards,  and  institute mechanisms for
program evaluation;
6)   Assess a reasonable processing fee for eligible applicants to the internship program
and an administrative fee for accreditation for health institutions;
7)    In  coordination  with  their  medical  colleges,   assist  clinical  clerks  in  making  an
informed  choice  when  selecting  a  particular  health  institution  for  their  medical
internship;
8)   Formulate   and   implement   a   national   internship   matching   program   including
mechanisms for transfers after having been matched;
9)   Develop  and  implement  a  system  for  accredited  health  institutions  to  monitor and
evaluate the performance of their medical interns;
10) Receive and resolve complaints from medical interns or host institutions; and
11) Issue a certificate of completion of medical internship upon the recommendation of
the accredited health institution.
ARTICLE IV
THE PROFHSSI0NAL REGULATORY BOARD 0F MHDICINE
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38       SEC.11.  Crecrf!.o# o/ ffee Pro/ess;.o#cr/ jzegr/cr/ory Bocrrd.  -There  is hereby created a Professional
39       Regulatory Board of Medicine, hereinafter referred to as the PRBM, under the administrative control
40       and supervision of the PRC. The PRBM shall be composed of a chairperson, a vice chairperson and
41        frve  (5)  members.  Each  vacant  position  of the  PRBM  shall  be  appointed  by  the  President  of the
42       Republic of the philippines from a list of three (3) nominees submitted exclusively by the INPOP, as
43       provided under Section 51  of this Act.  The PRBM  shall be organized not later than six (6) months
44       from the effectivity of this Act.
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46       SEC.  12.  Powers  cl#d Da;f7ies.  -  The  PRBM  shall  be  vested  with  the  following  specific  powers,
47       functions, duties and responsibilities:
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49                      a)    Supervise,  regulate  and  monitor  the  practice  of medicine  in  the  Philippines,  including
50                               telemedicine;
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b)    Determine  and  evaluate  qualifications  of the  applicants  for  the  physician's  liceusure
examinations,   foreign   applicants   for   special   permits   to   practice   medicine   in   the
Philippines, or temporary training permits for medical residency;
c)    Prepare the test questions for the Physician's Licensure Examinations in accordance with
recognized principles of evaluation and of pertinent provisions of Section 21, Article IV of
this Act; prescribe the syllabi of the subjects and their relative weights for the liceusure
examinations; conduct the examination; correct and rate the examination papers;
The PRBM shall ensure that the test questions are appropriately formulated to assess
the knowledge, skill, and attitude of the examinees;
d)   Determine,  amend,  or  revise  the  coverage  of the  subjects  in  the  physician's  licensure
examinations and their relative weights, and the manner of giving the examination, subject
to the approval of the PRC;
e)    Explore  and  develop  ways  on how to  measure  and  evaluate the  clinical  competence  of
examinees, and integrate the same into the physician's licensure examination;
I)    Register  successful  examinees  in  the  physician  licensure  examinations  in  the  roll  of
physicians and issue the corresponding certificates of registration;
g)   Issue special or temporary permits to foreign physicians to practice medicine for specific
projects, duration of time, and place of practice;
h)   Administer the  qualifying examinations  for  foreign physicians  who  wish to train  in the
Philippines for a specialty or field of practice;
i)    Monitor the conditions affecting the practice of medical profession, respond to emerging
needs  of  the  profession,  adopt  measures  for  the  enhancement  of the  quality  of  the
education and practice of medicine in coordination with the appropriate regulatory bodies;
j)    In  coordination with the  CHED,  monitor the  performance  of medical schools  and the,ir
compliance with the rules and regulations of the MEC;
k)   In  coordination  with the  INPOP,  promulgate  rules  and regulations  including  a Code  of
Ethics  for  Physicians,  administrative  policies,  orders  and  issuances  to  caITy  out  the
provisions of this Act;
I)     Conduct  regular  quality  assurance  pi.ograms  and  activities  to  ensure  quality  medical
education;
in)  Investigate meritorious cases of violations of this Act, Code of Ethics,  and the pertinent
rules    and    regulations,    administrative    policies,    orders    and    issuances    which    are
recommended    for   decision    by   the    INPOP.    The    rules    governing    administrative
investigations promulgated by the PRC shall govern the conduct of such proceedings;
n)    Issue   subpoena  cza}  /es/z#ccw®cJch   or   subpoena  dwces   feccjm   to   secure   attendance   of
respondents or witnesses as well as the production of documents: Provi.cJed, That failure of
the party whom a subpoena has been issued to comply therewith shall be punishable by
way of indirect contempt. For this purpose, the PRBM S hereby vested the power to cite
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any party for contempt which may be exercised pursuant to the applicable provisions of
Rule 71 of the Rules of court;
o)   Conduct  hearings  on  cases  filed  with  the  PRBM:  Provi.dect,  That  a  majority  of the
members of the PRBM with the assistance of the Legal Division of the PRC shall conduct
the hearings. A inember of the PRBM shall be assigned to preside over a hearing;
p)   After due notice and hearing, cancel examination papers or bar any examinee from future
examination,  or  both;  refuse  or  defer  the  registration  of the  examinee;  reprimand  the
registrant with stem waming;  suspend the registrant from the practice of the profession;
revoke the certificate of registration; cancel a special or temporary permit, or temporary
training permit; remove the name of a physician from the roll of physicians on account of
continuous   non-payment   of  annual   registration   fees   and   non-compliance   with   the
Continuing   Professional   Development   (CPD)   requirements;   reinstate   or   re-enroll   a
physician's  name  in  the  said  roll;  and  re-issue  or  return  the  physician's  certificate  of
registration and professional identification card.
A decision of suspension, revocation of the certificate of registration, or removal
from the roll by the PRBM as provided herein may be appealed to the PRC within fifteen
(15) days from receipt thereof;
q)    Administer the physician's oath;
r)    Institute and prosecute or cause to be instituted and prosecuted any and all criminal action
against any violation of this Act or the rules and regulations of the Board, or both, subject
to the provisions of Section 5, Rule 110 of the Rules of criminal Procedure, as amended;
s)    Adopt an officia] seal;
t)    Coordinate with the MEC and the INPOP in prescribing, amending or revising the courses
in a medical program, or both;
u)   Assist  the  PRC  in  the  implementation  of its  prescribed  guidelines  and  criteria  on  the
Continuing Professional Development (CPD) for registered licensed physicians;
v)    Set  the  standards  and  guidelines  for  the  issuance  and  re-issuance  of  certificates  of
registration including compliance with the PRBM's CPD program; and
w)  Perform such other functions and duties as may be necessary to efficiently and effectively
implement the provisions of this Act.
The policies, reso]utious, rules and regulations issued or promulgated by the PRBM shall be
43        subject to the review, revision, and approval by the PRC. The orders or decisions may be appealed the
44       PRC, however,  in  case of imminent and  immediate  danger to  patients, the PRBM's  flnal decisions,
45       resolutions or orders rendered in an administrative case shall be immediately executory.
46
SHC.   13.  g"cr/I#ccr/I.o#s  o/ /fee  Members  o/ ffoe  Boc]7`d.   -  Each  PRBM  member  at  the  time  of
appointment must have the following qualifications:
49
50                      (a)  A natun] born Filipino citizen and has been a resident of the philippines for at least ten
51                                (10) consecutive years;
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(b)  At least fifty (50) years old;
(c)  A holder of a valid   certificate of registration and a valid professional identification card
as a physician;
(d)  Has been a medical practitioner for at least ten (10) years;
(e)  continuing bo#cr¢de member of the A INrop;
(i)   Has  not been  convicted  by  final judgment by  a  competent  court of a criminal  offense
involving moral turpitude;
(g)  Has at least eight (8) years experience as a faculty member of a college of me{licine;
(h)  Not a current member of the faculty of an institute, school or college of medicine;
(i)   Does not have a pecuniary interest in any institution which offers and operates the course
or degree of Doctor of Medicine; and
0)   Not  cormected  with  or has  no  pecuniary  interest  in  a review  center,  school,  group,  or
association  offering  classes   or   lectures   in   preparation   for  the   physicians'   1icensure
examination.
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25       SF.C.  14.  rcrm  o/ O#ce.  -  The  members  of the  PRBM  shall  hold office  from  the  {late  of their
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appointment  for  a term  of three  (3)  years  or until  their  successors  shall  have  been  appointed  and
qunlified. They may, however, be reappointed for another three (3) year term but not for a third three
(3) year term.  Appointments to  fill up vacant positions for reasons other than through expiration of
regular terms, shall be for the unexpired period only. Each member shall take an oath of t)ffice before
the performance of the duties and responsibilities. The incumbents whose terms have not yet expired
or who are merely on a holdover capacity, at the effectivity of this Act, shall be allowed to serve the
32       unexpired portion of their terms or may be re-appointed under this Act.
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SEC.  15.  Compeuscr/j.o#.  -  The  Chairperson,  Vice  Chairperson  and  members  of the  PRBM  shall
receive compensation and allowances or other benefits pursuant to the provisions of Republic Act No.
8981   otherwise  known  as  the  "PRC  Modernization  Act  of  2000"  and  other  pertinent  laws  and
comparable to the compensation and allowances received by the chairperson and members of existing
38       professional regulatory boards.
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40
SEC. 16. S#speusi.o# or jlemovcr/. ~ The President, upon recommendation of the PRC after giving the
41        member an to be heard opportunity by himself or by a counsel in a proper administrative investigation
42       to  be  conducted  by  the  PRC,  may  suspend  or  remove  any  member  of the  PRBM  on  any  of the
43        followinggrounds:
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a)   Neglect of duty or incompetence;
b)   Unprofessional, unethical or (lishonorable conduct;
c)    Manipulation or rigging the results of any physician  licensure examination, divulging of
secret  information  or  disclosure  of the  said  examination,  or  tampering  of the  grades
therein; and
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I                      d)   Final conviction by the court of any criminal offense involving moral turpitude.
2
SEC.11. Administrative Management, Custody Of Records,  Secretariat and Support Services. -The
PRBM shall be under the supervision and control of the with PRC, the PRC chairperson as the chief
executive officer thereof. All records of the PRBM shall be under the custody of the PRC.
6
7                      The PRC shall designate the secretary of the PRBM and shall provide the secretariat and other
8       support services to implement the provisions of this Act.
9
10                                                                                      ARTICLE V
11                                                      PHYSICIAN LICENSURE EXAMINATION
12
13        SEC.18.  Prereqw;.sz./es  /o  ffee  Prc¥c/I.ce  o/Medl.cz.#e.  -No  person  shall  engage  in  the  practice  of
14       medicine in the philippines unless the person:
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a)    Holds a valid certificate of registration and a valid professional identiflcation card issued
by the PRC;
b)   Holds a valid special/temporary permit issued by the PRBM  subject to approval  by the
PRC,  or unless exempted  by this Act  from holding  any of the  foregoing certificates of
registration; and
c)    Is a member of good standing of the INPOP.
Any foreign doctor who intends to undergo residence or fellowship training in the practice of
26       medicine must pass the qualifying assessment given by the PRBM.
27
SEC. 19. Eur"I.#cz/z.o# jteg"j.rcc7. -All applicants for registration prior to the issuance of certificate of
registration and a professional identification card as physician, shall a be required to pass the liceusure
30       examination for physicians as provided for in this Act, and shall be subject to the payment of the fees
31        prescribedbythepRC.
32
33       She. ZO. Qualif ilcatiors of Applicants f tor the physicians Licensure Examirrations. -AIl a:pphoauts for
34       the physicians' licensure examination must possess all qualifications and none of the disciunlifications
35       hereunder set forth as follows:
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a)    A  citizen and  resident of the  Philippines  or a citizen  of a foreign country  or State that
observes reciprocity in the practice of medicine with the Philippines;
b)   Is mentally, emotionally, and physically sound with a certificate of good moral character
signed by the Dean of the school where the applicant is a graduate;
c)    Has not been convicted by final judgment by a court of any criminal offense; and
d)   A  holder  of the  degree  of Doctor of Medicine  (M.D.)  or  its  equivalent  for  innovative
curiculun  conferred  by  a College  of Medicine  established  in the  Philippines and duly
recognized  by  the  CHED,  or a  degree  conferred  by  a  college  of medicine  abroad  and
accredited by the CHED as substantially equivalent to the degree of Doctor of Medicine
conferred by medical schcols in the Philippines; and
e)    Has completed a one (1) year post graduate medical internship.
]5


1        SEC. 21. Scope o/Excz"J.#a/j.o#.  -   The physicians licensure examination shall cover the following
2       thirteen  (13) individual or combined subjects with the relative weights for each:
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a)    Anatomy and Histology;
b)    Physiology;
c)    Biochemistry and Molecular Biology;
d)   Pharmacology and Therapeutics;
e)    Microbiology and parasitology;
f)    Internal   Medicine;   Neurology,   Dermatology,   Geriatric;   Psychiatry   and   Behavioral
Medicine
g)   General and systemic pathology, and Clinical Pathology;
h)   Obstetrics and Gynecology;
i)    Pediatrics and Nutrition;
j)     Surgery, Orthopedic, Anesthesiology;
k)   Otorhinolaryngology, Ophthalmology;
I)    Family  and  Community  Medicine,  Preventive  Medicine  and  Public  Health  and  Health
Economics; and
in)  Legal Medicine, Medical Jurisprudence, Medical Ethics, and Medical Informatics.
In  case  there  is  need or when  circumstances  require,  in  order to  conform  to technological
advancements  and  other  developments,  the  PRBM,  the  MEC,  and  the  INPOP  may  revise  the
34       substance, format and the conduct of the examinations.
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36                      Each of the thirteen (13) subjects shall have its syllabus or table of speciflcations for purposes
37       of the physician ]icensure examinations. The PRBM shall apply the table of specifications after a lapse
38       of three (3) months reckoned from the concurrence of all the following requisites:
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a)    Consultation with the association of medical schools;
b)   Approval by the PRC;
c)    Publication of the PRBM resolution in a newspaper of general circulation; and
d)   Dissemination to all medical schools.
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48       SEC. 22.  ye##e cz#c7 Schedw/e o/E]cc7mJ.#cr/I.our. ~ The PRBM shall administer examinations for the
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registration of physicians at least twice a year in such places as the PRC may designate in accordance
with  the  provisions  of Republic  Act No.  8981.  However,  in  case  of a pandemic  or  public  health
emergency, disasters or calamity, whether natural or human induced, the PRBM may postpone such
examinations to a later date. An applicant may be allowed to take the examinations in two (2) parts.
The first part shall consist of questions from Basic Medicine which are from subjects of the first and
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1        second year in medicine proper, and the rest may be taken up in the second part: Prow'dec7 feowever,
2       That the two-part examinations must be taken in one (1) and the same year.
3
4        SEC. 23. Rafz.#g ;.# ffoe E#c}7#z.#aJi.o#. -To pass the physician licensure examination, an examinee must
5       obtain  a general  average  rating  of at  least  seventy-five percent  (75%)  in all thirteen (13)  subjects:
6       Pro+tj.cJed, that there is no rating obtained in any subject below fifty percent (50%).
7
8       SEC. 24Jtepor/ a7rd pwb/I.cafro# a//¢e Jtes#/ts a/Excmj.#czf].o71. ~ The PRBM shall report the rating of
9       each examinee to the PRC within ten (10) days from the last day of examination or any other period
10       granted by the PRC. The official results of the examination containing the list oftopnotcher examinees
11        indicating their respective schools or colleges and the names of the schools or colleges obtaining top
12       percentage of successful examinees shall be published by the PRC.
13
14                      The report of rating of every examinee shall be mailed to the examinee's given address, using
15       the examjnee's mailing envelope submitted during the examination.
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17       SEC. 25.  Oczffe.  -All  successful examinees  shall be required to take the physician's oath before the
PRBM or any person authorized by the PRC to administer it before they are issued their certificates of
registration  and  professional  identification  cards,  or  before  they  start  the  practice  of the  medical
20       profession.
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2;2      EEC. Z6. Registration,  Issuanee of certif icate of Registration and prof essional Identif ication card;
I3       Integrated National prof essional organization of pkysicians (INPOP) Membership; Non~registration
24       c}nd Groav3c7s  77!ereo/ -All successful examinees, upon compliance with all legal requirements and
25       payment of fees prescribed by the PRC, shall be registered and issued certificates of registration and
26       professional  identification  cards.  They  shall  likewise  be  deemed  members  of  the  lNPOP  upon
27       compliance  with  all  requirements  and  payment  of  compulsory  dues.  Upon  presentation  of their
certificates of registration and professional identification cards, they shall be issued a separate INPOP
Membership card.
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31                       The certificate of registration of a physician shall bear the registration number and the date of
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issuance and the signatures of the chairperson of the PRC  and the members of the PRI}M stamped
with the seals of the PRC and the PRBM, certifying that the name of the person stated therein appears
in the Roll of physicians under the custody of the PRC; that the person has complied with all the legal
requirements for registration as a physician; and that the person is entitled to exercise all the privileges
appurtenant to the practice of medical profession: Provi.c7ed, That the person does not violate this Act,
the  rules  and  regulations  issued  to  implement  it,  the  Code  of Ethics  for  Physicians;,  and  other
regulatory issuances and policies of the PRC and PRBM.
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40                      The professional identification card shall bear the name of the reststered licensed physician,
the registration number, the date of issuance, and the date of the expiration of the license. Together
with the membership identification card  issued by the INPOP, the physician  is deemed qunlified to
43        practice medicine in the philippines.
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45                      Updating  of practice  information  such  as  location,  affiliation,  and  field  of practice  and
46       specialization shall be required for renewal of the PRC-ID and lNPOP-ID.
47
48                      A  successful  examinee who has been  fmally convicted by  a competent court of a criminal
49       offense, or found guilty  by the PRBM of dishonorable or immoral conduct, or declared by a court to
50       be of unsound mind, shall not be registered. The decision of the PRBM finding the examinee guilty of
51       dishonorable or immoral conduct may be appealed to the PRC within fifteen (15) days from receipt of
52       the  PRBM's  decision  or resolution,  and  to  the  Cout  of Appeals  within  the  sane  period  from  the
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I       receipt of the decision or resolution of the PRC. The facts and the reasons for refusal to register shall
2       be clearly stated in writing, communicated to the examinee, and duly incorporated in the records of the
3        PRC.
4                                                                                ARTICLE VI
5                                    THH POST-GRADUATH MEDICAL EDUCATION COUNCIL
6
7       S;EC. 2]. Creation of the post-Graduate Medical Education council. -There.is heresy oreated tire
8       Post-Graduate   Medical   Education   Council,   hereinafter   referred   to   as   the   PGMEC,   under  the
9       Professional Regulatory Board of Medicine (PRBM).
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11                       The PGMEC shall consist of a core group and medical practice groups. The core group, which
12       shall  be headed by the  incumbent chair of the PRBM  or its duly authorized representative and the
13        followingasmembers:
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a)    Chairperson of the Civil Service Commission (CSC) or a duly authorized representative;
b)   Secretary of the Department of Health (DOH) or a duly authorized representative;
c)    Secretary  of the  Department  of Labor  and  Employment  (DOLE)  or  a  duly  authorized
representative;
d)   Chairperson of the Medical Education Council or a duly authorized representative;
e)   A  permanent  representative  of  the  Integrated  National  Professional  Organization  of
Physicians (INPOP);
f)    A permanent representative of the association ofmedical colleges;
g)   A permanent representative of public hospital association; and
h)    A permanent representative of private hospital association.
Permanent representatives of medical schools and hospitals  associations shall be nominated
by representatives of government agencies in the PGREC: Provided, That the CHED shall appoint the
permanent representative  of medical  schools,  and the  DOH  for  the hospital  association..  Provz.ded,
/wr#/!er,  That  the  appointment  shall  be  for  a  term  of three  (3)  years  and  may  be  renewed  upon
renomination and reappointment.
The members of the PGMEC may designate their permanent representatives to meetings who
40       shall have a rank not lower than an undersecretary or its equivalent, and shall receive emoluments as
41        may  be  determined  by  the  PGMEC  in  accordance  with  existing  budget  and  accounting  rules  and
42        regulations.
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The   medical   practice   groups   shall   be   constituted   for  each  medical   field   or  discipline
previously identified by the PRBM through a resolution with a minimum of three (3) and maximum of
six (6) members.  Each group shall be composed solely of physicians who are licensed to practice in
the Philippines and actively engaged in the practice of the sane medical field or discipline.
The members of the medical practice be groups shall appointed by the INPOP for a term of
50       three (3) years: Provjded, That, no member shall serve for more than three (3) consecutive terms.
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The INPOP shall promulgate the nomination process for all members of the medical practice
groups which shall indicate a clear set of qualifications and credentials for each field or discipline as
respectively recommended by the sectors concerned.
total  of three (3)  Committees  shall  be  created where the  members  of the  core  group  shall
permanently  sit.  The  members  appointed  to  the  medical  practice  groups  in  each  medical  field  or
discipline shall sit with the committees in equal distribution in order to assist the PGMEC in carrying
out its functions in their respective medical field or discipline:
a)    Committee on Accreditation - lt shall be responsible for accrediting post-graduate medical
education and training and developing standards for approval of the PGMEC;
b)   Committee on Training and Certification - It shall determine whether dcotors and allied
health professionals  have  satisfactorily  completed post-graduate  medical  education  and
training and shall issue the certificate of completion of training to examinees who pass the
certifying examination; and
c)    Committee  on  Policies,  Standards  and  Ethics  -  It  shall  formulate  standards  of post-
graduate medical education and training programs, policies on compensation and benefits
and working conditions of medical residents and other policies related to tlle scope and
practice of medical residency. It shall handle complaints of medical residents and patients
and submit recommendations to the PRBM for approval and action regarding complaints
filed.  It  shall  also  screen  foreign  graduates  of medicine  who  would  like  to  undergo
residency training in the country.
The PGMEC shall create other committees and sub-committees as may be deemed necessary
in the accomplishment of its duties and functions.
The PRC  shall provide a Secretariat for the PGMEC to be composed of both technical and
30       administrative  staff.  The  Secretariat  shall  coordinate the  activities  of the  different committees  and
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provide technical  and administrative support in the efficient and effective coordination {)f programs,
projects and activities among the different committees of the PGMEC.
The  members  of the  PGMEC  shall  perform  their  duties  as  such  without  compensation  or
remuneration, but may receive reasonable per diem allowances as approved by the PRBM and subject
to existing rules and regulations of the DBM. Members thereof who are not government officials or
employees shall be entitled to necessary travelling expenses, per diem and representation allowances
chargeable against the funds of the PRC, subject to existing rules and regulations of the DBM.
The members of the PGMEC  shall receive an honoraria chargeable against the funds of the
41        PRC, and in accordance with existing policies.
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43        SHC.  28. Powers  cznd Fw#c./jo#s.  - The  PGMEC  shall  ensure the quality of post graduate medical
44       education  and  training  for  all  disciplines,  specialties,  and  sub-specialties  of medical  residents  and
45       provide policies that will  promote humane working conditions and better compensation  for medical
46       residents.  Moreover, the PGMEC shall be tasked to ensure that the post graduate medical education
47       and training  of doctors shall  be responsive to the current health  service needs of the population.  th
48       particular, it shall perform the following functions:
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a)    Set the standards of post graduate medical education and training;
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b)   Ensure that the standards set for post graduate medical education and training are at par
with international standards;
c)    Accredit post graduate medical education or training programs;
d)   Determine  whether  doctors  and  allied  health  professionals  who  have  un{lergone  post
graduate medical education and training have satisfactorily completed the training;
e)    Issue the corresponding certificates to residents who have satisfactorily completed the post
graduate medical education and training in either government or private hospitals and have
passed   the   certifying   examinations   conducted   by   the   Committee   on   Training   and
Certification;
D    Screen foreign graduates of medicine who will undergo post graduate medical education
and training in the country and assess the equivalence of their basic medical education to
the standard curriculum prescribed in Philippine schools of medicines;
g)   In consultation with appropriate agencies, work for the provision of better compensation
and benefits and humane working conditions for residents;
h)   Receive and act on  complaints of residents against post-graduate training institutions as
well as complaints of patients against residents;
i)    Ensure that post graduate medical education and tralning will always be responsive to the
health needs of the population;
j)    Maintain a registry or database of residents, including foreigners with temporary training
permits and Filipino doctors training or specializing overseas and accredited post graduate
medical education and training programs;
k)   Monitor and evaluate post graduate medical education and training programs regularly;
I)    Prescribe  remedial  measures  to  improve  deficient post  graduate  medical  education  and
training programs; and
in)  Seek  or  request  the   assistance   and   support   of  any   government  agency,   office   or
instrmentality including government-owned or controlled corporations, local government
units   as  well  as  non-governmental  organizations  or  institutions   in  pursuance  of  its
functions.
SEC. ZD. Accreditation Of Post Graduate Medical Education and Training Programs. -Par,it graidira:te
medical education and training programs shall only be conducted in accredited post graduate training
43       institutions. The PGMEC shall be the only recognized organization that shall have full authority over
44       post graduate medical education and training prograins. Upon approval of the implementing rules and
45       regulations  of this  Act,  a  period  of  one  year  shall  be  given  to  allow  time  for  the  transfer  of
46       accreditation   from   the   different   specialty   and   sub-specialty   societies   to   the   Committee   on
47       Accreditation of the  PGT\ffic.  Furthermore,  certificates  shall be  issued by  PGMEC to  doctors who
48       have obtained their training  and  certification prior to the passage   of this  Act upon submission of
49       certificates issued by different specialty or sub-specialty societies.
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SEC. 30. Training Curriculum Of Post-graduate Medical Education Programs . -The tralhing oREicers
or their equivalent shall prepare a training cuniculum that shall meet the standards to be set by the
Committee on Policies, Standards and Ethics of the PGMEC. The training curriculum shall be at par
with  international  standards  and  shall  be  responsive  to  the  health  needs  of the  population.  The
Committee on Policies, Standards and Ethics shall be given one (I) year from the time of its creation
to prepare uniform standards of post graduate medical education programs.
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8      SEE. 31. Qualif ications of Applicants to post Graduate Medical Edrcation and Training programs` ~
9       The following shall be the minimum qualifications of applicants to post-graduate medical education
10       programs:
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a)    Passing score in the licensure examination;
b)   No previous criminal conviction or administrative liability, or both; and
c)    Clearance by the Board for foreign graduates of medicine
The Board shall set such other qualifications that it may deem necessary.
SEC. S2.  General  Conditions fior  the  Post~graduate  Medical  Education  and  Training  Of Foreign
Medj.co/  Grcld#crfes.  -  The  following  general  conditions  shall  be  applied  to  foreign  graduates  of
medicine who undergo medical residency training in the Philippines:
a)    Accredited  residency  training  programs   shall  be  allowed  to  accept  foreign  medical
graduates  in  cases  wherein  no  Filipino  physicians  are  applying  for  the  same  vacancy.
Filipino  physicians  shall  be  given  the  first  priority  in  filling  up  vacancy  for  medical
residents;
b)   Foreign graduates of medicine shall secure a clearance  from the PRBM before applying
with any accredited residency training program;
c)    Foreign medical graduates shall undergo basic language course in Filipino or the dialect,
or  both,  that  is  used  in  the  locality  where  the  accredited  institution  is  located  before
cominencing medical residency. A certificate of proficiency in Filipino and the dialect of
the locality shall be obtained by the foreign graduate of medicine from a CHED-accredited
state university or tertiary education institution located in the  locality where the foreign
graduate in medicine wishes to undergo post graduate medical education or training before
the  PRBM  may  issue  a  clearance.  For  accredited  institutions  located  in  areas  wherein
Filipino is the language used by the majority, proficiency in a dialect shall no longer be
required;
d)   Foreign  graduates  of medicine  shall  be  required  to  undergo  a  seminar  on  Philippine
history, culture and government as well as the Philippine health care delivery system prior
to the commencement of post graduate medical education or training; and
e)    Foreign   graduates   of   medicine   must   have   no   previous   criminal   conviction   or
administrative liability in the Philippines and their country of origin
SEC. 33.  Wortz.#g C'o7?c717.rz.o#s o/Jzeside#ts. - The following shall be strictly observed by all accredited
post graduate medical education or training institutions:
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a)   No resident shall be allowed to go on duty for more than twenty-four (24) hours straight,
except in extraordinary cases to be determined by the hospital administrator;
b)   Residents shall be entitled to at least one day off from hospital duty every week;
c)    Residents shall be given standard quarters in the hospital where they can stay during their
tour of duty;
d)   Residents  shall  only  perform  those  functions  that  are  related  to  their  p()st  graduate
medical education or training.  Their superiors are hereby prohibited from issuing orders
that are not related to the training of residents or are demeaning to a resident's dignity as a
person.   The  PGMEC   shall  receive  and  investigate   complaints  of  this  nature   from
residents;
e)    Residents are entitled to adequate periods for meal breaks and personal care during their
tour of duty;
f)    Residents shall  be  supervised by their superior at all times especially when  performing
critical  procedures  on  patients.  In  the  case  of junior  residents,  the  senior  resident  or
consultant  shall  always  be  available  for supervision  and  assistance,  and  in  the  case  of
senior residents, their consultants; and
g)   Residents shall be treated equally. No resident shall be discriminated because of gender,
race, ethnicity or religion.
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26       SEC. 34. Sc7/clry cz#d OAfoer Be#e/ts. - The  salary grade of all  doctors  in government hospitals  and
27       clinics shall not be lower than salary Grade 22 in the position  classification and compensation system
28       under  Republic  Act  No  6758,   entitled  "An  Act  Prescribing  a  Revised   Compensation  Position
29       Classification system in the Government and for other purposes, as Amended". They shall be entitled
30       to overtime pay and night differential pay for services rendered beyond eight (8) hours or for services
31       rendered beyond ten o'clock in the evening to six o'clock in the moming. Hazard pay shall be given as
32       stipulated  in  Republic  Act  No.  7305,  otherwise  known  as  the  "Magma  Carta  for  Public  Health
33       Workers", for residents ofpub]ic hospitals.
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35        SEC.  35. Pro/ess!.oj?cz/ Co#dwcf a/ Rcsz.de#ts.  -A  resident  shall  observe the following professional
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a)    Uphold the dignity, privacy, and rights of the patient;
b)   Perform  assigned  functions  with  utmost  diligence  especially  those  related  to  care  of
patients so as not to inflict any harm on the patient;
c)    Refrain from engaging in unacceptable practices such as:
I )   Receiving any form from their of payment patients;
2)   Accepting   commission   from   laboratories,   diagnostic   facilities,   pharmacies   for
referring patients to these facilities;
3)   Obtaining excess and unused medicines, drugs and other materials from patients or the
supply source, without proper permission;
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4)    Selling medicines, drugs and other materials to patients or their relatives;
5)   Selling free samples of drugs or other medicines; and
6)   Receiving money  or  any  form  of incentives  from  any pharmaceutical  company  for
prescribing their brand of drugs, medicines and other materials;
d)   Treat superiors, subordinates, co-workers and patient's relatives with utmost respect;
e)    Observe the provisions of Republic Act 6675, otherwise known  as the Generics  Act of
1988 and Republic Act 9502, otherwise known as the Cheaper and Quality Medicines Act
of 2008; and
I)    Render full time service to the hospital where the resident is employed. The resident shall
not engage in any part-time job outside the hospital.
SEC. 36. Responsibilities Of Accredited Post Graduate Medical Education/Training Institutions. ~ TrL
addition  to  the  enforcement  of the  provisions  of Section  33  of this  Act,  accredited  post  graduate
medical education and tralning institutions shall have the following responsibilities :
a)    Regularly submit the names of residents undergoing training in their institution and such
other relevant information to the PRBM
b)    Provide the necessary logistics, equipment. and other medical supplies to residents while
undergoing post graduate medical education and training; and
c)    Conduct of periodic evaluation of competencies acquired by residents per year level.
SEC. 37. Gri.evcz#ce Sys/e7#. -A grievance system is established hereby wherein any aggrieved party
may seek redress in accordance with the following rules and procedures:
a)    A  complaint  must  be  flled  with  the  Committee  on  Policies,   Standards  and  Ethics,
hereinafter referred to  as the  "Committee".  The Committee  shall rule  on the  complaint
through a notice of resolution within sixty (60) calendar days from receipt thereof;
b)   An  appeal  from  the  decision of the Committee  miist be  filed  with the  PGMEC  within
thirty (30) calendar days from receipt of the notice of resolution;
c)    The  PGMEC  shall  promptly  and  expeditiously  issue  its  decision  or resolution  on  each
appeal  or  grievance  within  sixty  (60)  days  from  the  date  it  is  submitted  to  it  for
detemination;
d)   Non-observance  of the  periods  set  forth  in  this  Section  shall  subject  the  responsible
offlcer or employee to the penalties prescribed under Section 39 of this Act.
All parties shall keep the proceedings confidential during the pendency of the case before the
4 7       Cormittee.
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49       SEC. 38. fJccrrj.#g procedwres o/ffoe comrm!t/ee.  ~ Upon the filing of the complaint, the committee,
50       after  consideration  of  the  allegations  thereof,  may  dismiss  the  case  outrightly  due  to  lack  of
51       verification, or for failure to state the cause of action, or any other valid ground for the dismissal of the
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complaint  after  consultation  with  the  PGMEC,  or  require  the  respondent to  file  a verified  answer
within five (5) days from service of summons.
In case the respondent fails to answer the complaint within the reglementary five-day period
herein provided, the Committee, moJw praprz.o or upon motion of the complainant, render judgment as
may be warranted by the facts alleged in the complaint and limited to what is prayed for therein.
After an answer is filed and the issues are joined, the Committee shall require the parties to
submit, within ten (10) days from receipt of the order, the affidavits of witnesses and other evidence
on the factual issues defined therein, together with a brief statement of their positions setting forth the
law and the facts relied upon by them. In the event that the Committee flnds, upon consideration of the
pleadings, the affidavits and other evidence, and position statements submitted by the parties, that a
judgment  may  be  rendered  thereon  without  need  of a  fomal  hearing,  it  may  proceed  to  render
judgment not later than ten ( 10) days from the submission of the position statements of the parties.
In cases where the Committee deems it necessary to hold a hearing to clarify specific factual
matters before rendering judgment,  it shall  set the case for hearing. At such hearing, the proponent
may  conduct  a direct  examination  of witnesses  on  the  basis  of their  affidavits  and  miry  be  cross-
examined by the adverse party. The order setting the case for hearing shall specify the wi.tnesses who
will be called to testify, and the matters which their examination will pertain to. The hearing shall be
terminated within fifteen (15) days, and the case decided upon by the Committee within fifteen (15)
days from such termination.
The decision of the Committee shall become fmal and executory fifteen (15) days after notice
thereof:  Provj.decJ,  That the  same  may  be  appealable  to  the  PGMEC  within  thirty  (30)  days  from
receipt of the copy of the judgment appealed from. An appellee shall be given fifteen (15) days from
notice to file a memorandum after which the PGMEC shall decide on the appeal within sixty (60) days
from the submittal of the said pleadings.
The  decision of the  PGMEC  shall  also become  fmal  and  executory  fifteen  (15)  days  after
notice thereof: P7.ovided,  feowever, That the same may be reviewed by the Supreme Court on purely
questions of law in accordance with the Rules of Court.
The  Committee  and  the  PGMEC,   in  the  exercise  of  their  quasi-judicial  functions  can
35       administer oaths, certify to official acts and issue subpoena to compel the attendance and testimony of
36       witnesses and subpoena c7wce£ /ecwm and ac7 fes/I/;ccwec7wm to enjoin the production of books, papers
37       and other records and to testify therein on any question arising out of this Act. Any case of contumacy
38       shall  be  dealt with  in accordance  with the  provisions  of the Revised Administrative  Code  and  the
39       Rules  of Court.  The PGMEC  or the  Committee  on Ethics,  as the  case  may be,  shall  prescribe  the
40       necessary administrative sanctions.
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42                      In all its proceedings, the PGMEC or the committee shall not be bound by the technical rules
of evidence: Provj.c7ec7, ##cr//y, That the Rules of Court shall apply with suppletory effect.
45        SEC. 39.  yi.o/a/z.c7«s. -Any accredited residency training institution or any of its resident., or both that
46       have been found violating any provisions of this Act shall have the following penalties:
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First Off€mse - reprimand;
Second Offense  -  suspension with duration depending on the gravity of the ofi`ense but not
exceeding six (6) months;
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Third Offense - revocation of the accreditation of the training institution, and in the case of a
resident on post-graduate training, non-issunnce of a certificate of completion of post graduate
medical  education  or  training  by  the  PGMEC  and  removal  from  the  residency  training
Prooran.
ARTICLE VII
REGULATION OF THH PRACTICE 0F THE MEDICAL PROFESSION
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9       SEC. 40.14cts co#s/I./wfj.#g the prcrc/I.ce a/"edz.cz.#e. -The following are acts constituting the practice
I 0       of medicine
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a)    History taking and physically examining any person for any disease, injury and deformity,
or diagnosing, treating, operating, prescribing, or dispensing any remedy therefor;
b)   History taking and physical examination through submission of photographs and videos
or any communication through telecommunication or electronic  means  for any disease,
injury  and  deformity;  diagnosing  and  prescribing  or  dispensing  any  remedy  therefor
through electronic means or telemedicine;
c)    Examining a person's mental condition for any ailment, real or imaginary, regardless of
the nature of the remedy or treatment administered, prescribed, or recommended;
d)   Offering  or  undertaking  to  diagnose,  treat,  operate  or  prescribe,  and  administer  any
remedy  for  any  human  disease,  injury,  defomity,  physical  or  mental  condition,  either
personally or by means of signs, cards or advertisements by way of mass media or any
other means of communication ;
e)    Using  or  affixing  "M.D."  to  the  physician's  name  in  written  or  oral  communications.
Unless specified, the  letters "M.D."  shall mean Doctor of Medicine, provided that only
those who have passed the physician's licensure examination are allowed to use the title
"M.D."; and
I)    Conducting formal medical classes in medical schools, seminars, lectures, symposia and
the like
36       SEC.  41. Scape o/Medz.ccr/ PrcrcfJ.ce. -The scope of the practice of medicine IS the a[)plication of
37       medical  knowledge,  skill,  and  judgment  for  the  promotion  of  good  health;  the  prevention  and
38       treatment  of  physical,  mental,  or  psycho-social  diseases,  disorders,  injuries,  and  conditions;  the
39       assessment  and  management  of a  physical,  mental,  or  psycho-social  disease,  disorder,  injury  or
40       condition of an individual or group of individuals at any stage of the biological life cycle, including
41        the prenatal and postmortem periods delivered either in clinical or non-clinical settings.
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a)    Clinical practice of Medicine
I)   General Medical Practice refers to the  professional  practice of a General  Physician
who has completed basic medical education  and medical  internship, has obtained a
PRC  license, and is without or has not completed any fomal post-graduate medical
education and training as defined in this Act.
A General Physician or a Specialist may be a Primary Care Provider as long
as the defined competencies in Primary Care as celtified by the COH as provided for
in  Republic  Act  11223,  otherwise  known  as  the  Universal  Health  Care  Act,  are
obtained.
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Limited  Specialty  Care  Practice  refers to the  clinical practice  (if a General
Physician with additional credentials to independently provide particular emergency
and   essential   healthcare   services   in   locations   where   specialist   physicians   are
unavailable  or  inaccessible,  obtained  after  undergoing  the  necessary  qunljfications
and training as may be determined by the respective PRBM-recognized professional
specialty organization or board and monitored regularly by the same.
2)    Specialty Medical Practice refers to the professional practice of a Specialist Physician
who  is  a  licensed  physician  and  has  completed  additional  formal  post-graduate
medical  education or training  in  a distinct clinical  medical  discipline  focused on  a
defined group   of patients, diseases. skills, or philosophy and has been certified   by
the PGMEC Committee on Training and Certification. The scope of specialty medical
practice refers to the diagnosis and management of specific conditions as defined by
the PGMEC.
b)   Non-Clinical practice of Medicine
This refers to the practice of the profession wherein the physician  is engaged in the
application of medical  knowledge  in the fields of health research, basic medical  education,
public    health    and   health   systems,    health   communications,   healthcare    industry   and
administration among others.
SEC. 42. Excep#-o#s. -For purposes of this Act, the following  shall not be considered as engaging in
the practice of medicine: Provided, That they are attending to patients under the direct supervision and
control and under presence of a duly licensed physician.
a)    Medical students and clinical clerks, and interns attending to patients;
b)   Foreigners who intend to undergo or are undergoing post graduate medical education and
training or otherwise under training shall obtain the required special permit fr{>m the PRC;
c)    Any non-medical person trained, certified, licensed to cany out specific interventious in
emergency   situations   to   save   lives   and   prevent   injury   according   to   the   level   of
competence determined by their training and certifying examinations;
d)   Non-medical educators who have attained a master's  or a doctoral  degree on a specific
field in the basic sciences in the medical field; and
e)    Practitioners of Traditional and Complementary Medicine Modalities or systems who are
regulated   by   the   Philippine   Institute   of  Traditional   and   Alternative   IIealth   Care
(PITAHC).
SEC. 43. Rec7Procj.ty. - A foreigner may be allowed to practice medicine in the Philippines without
having  to  undergo  the  physicians'  licensure  examination,  if and  when,  the  country  of which  the
foreigner is a citizen allows Filipino citizens to practice medicine under the same conditions such as
the following:
a)    The country of which the foreigner is a citizen, imposes the sane academic and training
requirements for its citizens to bel able to practice medicine;
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b)   There is a is a reciprocity agreement, executive agreement or international agreement, or
treaty to this effect, signed by both the government of the Philippines and the country of
which the foreigner is a citizen, and
c)    The   foreigner   must  show  documents   equivalent  to  the   PRC   ID  or  Certificate   of
Registration  attesting  that  the  foreign  country's  regulatory  boards  of  medicine  have
allowed the foreigner to practice the medical profession.
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9       EEC. 44. Special permits  to practice Medicine  in the philippines. -In the a;haence of al rectprocrty
10       agreement,  executive  agreement,  intemational  agreement,  or treaty,  a foreigner may be  allowed   to
11        practice medicine in the philippines subject to the following conditions:
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a)    The foreigner must obtain a special permit from the PRC;
b)   The special permit shall specify the purpose, limitations, place of practice, and such other
conditions as may be imposed by the PRC such as:
1)   A period of not more than one (I) year,  subject to  renewal  or extension: Prov!.ded,
That the renewal or extension  shall be under the same process and requirements as
hereinabove described;
2)   The specific area of medical specialization;
3)   The specific place of practice,  such as clinic, hospf tal, center, medical school as the
case may be;
c)    Payment of the required fees; and
d)   Undertaking that the foreigner shall conduct oneself according to the Code of Ethics of
Medical Practice in the Philippines.
The PRC may issue a special permit to a foreigner not covered by any reciprocity agreement
or treaty required under Section 43 hereof under the following guidelines:
I)   Physicians who  are citizens  of and  licensed  in  foreign countries whose  services  are  for
free: Provz.cJed, That a reasonable honorarium may be allowed  for daily subsistence during
the stay or service in the Philippines:
2)    Physicians  who  are  internationally  well-known  specialists  or publicly  acknowledged  as
experts in any area of medical specialization; and
3)   Physicians of foreign countries whose services are urgently necessary, owing to the lack of
available local specialists or experts, or for the promotion or advancement of the practice
of medicine  including, the conduct of formal  classes  or training,  and acting as resource
persons in medical seminars, fora, and symposia;
4)   Physicians  licensed  in  foreign  countries  who  intend  to  render  free  medical  services  to
indigent patients  in a particular Philippine hospital, center or clinic:  Provided, That they
render such services under the direct supervision and control of a duly licensed Filipino
physician; and
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5)   Physicians licensed in foreign countries employed   as exchange professors in any area of
medical specialization.
SEC. 4S. Administrative Investigation and Disciplinary Actions. - The PRBM shall have the power,
upon proper  notice and hearing, after finding of guilt, to suspend from the practice of profession or
revoke  the  certificate  of registration  of a physician,  or  issue  a  reprimand  or  cancel  the  special  or
temporary permit or temporary training permit issued to a foreign physician for any of the following
grounds or causes:
a)    Final conviction by d court of competent jurisdiction of any criminal offense  involving
moral turpitude;
b)   Immoral or dishonorable conduct;
c)    Mental incapacity;
d)   Fraud in the acquisition of the certificate of registration and the professional identification
card or temporary or special permit or temporary training permit;
e)    Gross negligence, ignorance or incompetence in the practice of the profession, resulting in
an injury to or death of the patient;
I)    Addiction  to   alcoholic  beverages,   any  habit-forming  drug,   or  any   form  of  illegal
gambling, rendering the foreigner incompetent to practice the profession;
g)   Making or causing to be made false, misleading, extravngant or unethical advertisements
or  making or  causing to  be  made  advertisements  wherein things  other than  the  name,
profession,limitation of practice, clinic hours, office and home address are mentioned;
h)   Issuance of any false statement or spreading any false news or rumor which is derogatory
to the character and reputation of another physician without justifiable motive;
i)    Knowingly  issuing  any  false  medical  certificates or findings  or making  any  fraudulent
claims with government or private health insurance;
j)    Performance of, or aiding in, any criminal abortion;
k)   Allowing one's self as the dummy physician or as tool of any person who is unqualified or
unlicensed to piactice general or specialty medicine, except in aid of training of a medical
student or resident physician: Provz.did /2owever, That this provision shall not apply when
an  act  constituting  the  practice  of general  or  specialty  medicine  is  performed  in  an
accredited hospital, clinic, or medical center or by an accredited practitioner. A dummy
physician is one who makes it appear to be the person who has actually treated a patient
when in fact it was another person, and on the basis of which, accepted a professional fee;
I)     Abetting or assisting in the  illegal  practice by a person who  is not lawfully qualified to
practice medicine, either general or specialty medicine;
in)  Using  or  advertising  any  title  or  description  tending  to  convey  the  impression  to  the
general public that one is a specialist in a medical field when in fact one is not.
n)   Practicing the profession during the period of one's suspension or during the period one`s
license is revoked;
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5
o)   Willful failure or refusal to be a member of good standing of the INPOP; and
p)   Violation  of any  provision  of the  Code  of Ethics  for  Physicians  as  prescribed  by the
INPOP, subject to approval by the PRC;
6
7       SEC.  46.  Rz.gfo/a  o/Jfoe  Pc}r/J.es.  -The  private  complainant  and  the  respondent  physician  shall  be
8       entitled the right to be heard and the assistance ofa counsel, to have speedy, impartial public hearing,
9       to confront and to meet the witnesses, to compulsory processes to secure the attendance of witnesses,
10       the production of evidence,  and to  all  other rights guaranteed by the Constitution and the Rules of
11        Court.  All  cases  filed or pending under this Act,  except those filed or pending in courts and  other
12       quasi-judicial  and  investigative bodies,  shall not be  discussed or taken up in  any other forum until
13       after the same shall have been decided with finality.
14
15       SHC. 47. t4ppecz/#om Jrdg7#e#f. -The decision of the PRC shall become final fifteen (15) days from
16       the  date  of receipt  of such  decision  by  the  parties  or  their  counsel.  Within  the  same  period,  the
17       aggrieved  party  may  ask  for  a  reconsideration  of the  decision  for  being  contrary  to  law  or  for
18       insufficiency of evidence. No  second motion for reconsideration to the PRBM shall  be  allowed.  A
19       decision  of  suspension,  revocation  of the  certificate  of registration  or  removal  from  the  roll  of
20       physicians by the PRBM as provided herein may be appcaled to the PRC within fifteen (15) days from
21        receiptthereof.
22
2:3       SHC. 48. Re-issuance of Revoked certif icate of Registration and prof essional ldentif ication card, and
24       Replacement  Of Lost  Certificate  Of Registration and  Identification Card. -  AI+far two (2:) yea:rs. rha
25       PRBM may order the reinstatement of any physician whose certificate of registration has been revoked
26       if the respondent has shown or has acted in an exemplary manner in the community.
27
28                      A new certificate of registration or professional identification card may then be issued, subject
29       tothe rules imposedbythepRC.
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34
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36
SEC.  49.  Mandatory  Use  Of  Certificate  Of  Registration,   Professional  and  Integrated  National
Professional Organization  Of Pkysicians  (INPOP)  Membership  Card and  Professional  Tax  Receipt
IV"wZ)er. -A registered physician shall indicate the certificate of registration number, the number and
the  expiry  date  of  the  professional   identification  card  and  INPOP  membership  card,  and  the
Professional   Tax  Receipt  number  on  the  prescription  and  other  documents  used  or  issued  in
connection with the practice of profession.
37
38       SEC.  50.   yes/ed  jiz.gfrts.  -  All  physicians  registered  at  the  time  this  Act  takes  effect  shall  be
39       automatically registered under the provisions hereof, without prejudice to their compliance with other
40       requirements herein set forth.
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43
44
45
46
47
48
All physicians whose names appear at the roll of physicians at the time of the effectivity of
this Act shall automatically be registered by the PRBM and the PRC as physicians and, thereafter, by
the INPOP as its bona fide members pursuant to Section 26 of this Act.
ARTICLE VIII
INTEGRATED PHYSICIANS ASSOCIATION 0F THE PHILIPPINES
49       SEC.  51. J#/egrcrfz.o# o/£fee Pro/essj.o71.  ~ The profession shall be  integrated  into one  (1)  Integrated
50       National professional organization of physicians (INPOP) to be duly recognized by the PRBM and
51        the  PRC.  A  physician  duly registered  and  licensed by the PRBM and the PRC  shall  automatically
52       become a member of the INPop and shall receive the benefits and privileges appurtenant thereto upon
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1       payment of the required reasonable fees and dues.  Membership  in the INPOP shall not be a bar to
2       membership in any other association of physicians.
3
4                      Within six (6) months from the enactment of this law, there shall be created a commission on
5       Medical profession Integration headed by the PRC chairperson or a duly authorized representative,
6       and representatives from existing medical associations as members, which shall supervise and oversee
7       the integration of the medical profession into one national professional organization of physicians, the
8       creation of its constitution and by-laws and election of officers. The commission shall cease to exist
9       upon the establishment of the INPOP.
10
\1       SEC.   S2.   Investigative   and   Recommendatory   Power   Of  the   Integrated   National   Professional
12        0rg¢#jzcr/I.ow  a/ PAysl.cz.c7us.   -The  INPOP,  herein  created,  shall  have  the  power  t{]  investigate
13        violations of this Act, Code of Ethics, and the pertinent rules and regulations, administrative policies,
14       orders  and  issuances.  The  rules  on  administrative  investigation  promulgated  by  the  INPOP  shall
15        govern insuchproceeding.
16
17                      If the complaint appears to be meritorious, the organization shall issue a recommendation and
18       initiate proper charges against erring physicians before the PRBM.
19
20                      If the  complaint  does  not  merit  action,  or  if the  answer  shows  to  the  satisfaction  of the
21        organization   that   the   complaint   is   not   meritorious,   the   same   may   be   dismissed   upon   their
22       recommendation.  The  PRBM  may  review  the  case  rmo/w  proprz.o  or  upon  timely  appeal  of  the
23        complainant filed within 15 days from notice of the dismissal of the complainant.
24
25        SEC. 53. A4:o7¢c7c7/ory co#/I.#wz.#g pro/essJ.o#cr/ Deve/opr#e#/. -The PRBM shall implement mandatory
26       continuing professional development for physicians consistent with the guidelines of the continuing
27       Professional Development (CPD) as shall hereafter be promulgated by the PRC.
28
29                                                                                ARTICLE IX
3 0                                                                          PENAL PROVISIONS
31
32       SEC. 54. Pe#cr/fz.es. -The penalty of imprisonment of not less than one (1) year but not exceeding five
33       (5) years, or a fine of not less than Two hundred thousand pesos (P200,000.00) but not exceeding Five
34       hundred thousand pesos  (P500,000.00),  or both,  upon the discretion  of the  court,  shall  be  imposed
35       upon,
36
37                      a)    Any person who practices or offers to practice medicine in the philippines without a valid
38                              certificate   of  registration   and   a   valid   professional   identification   card,   or   a   valid
39                             temporary/special permit or temporary training permit in accordance with the provisions
40                              of this Act;
41
42                     b)   Any  person  using  or  attempting  to  use  as  one's  own  the  certificate  of registration  or
43                             professional identification card or temporary/special permit or temporary training permit
44                              duly issued to another;
45
46                      c)   Any person who shall give any false or forged documents, credentials and any other proof
47                             of  any  kind  to  the  PRBM  or  PRC  in  order  to  obtain  certificate  of  registration  or
48                             professional identification card or temporary/special permit or temporary training permit;
49
50                      d)   Any  person  who  shall  falsely  present  oneself  as  a  bona  fide  registrant  with  like  or
51                               different name;
52
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1                      e)   Any person who shall attempt to use a revoked or suspended certificate ofrectstration or a
2                              cancelled or expired temporary/special permit;
3
4                      I)    Any  person  who  shall  use  or  advertise  any  title  or  description  tending  to  convey  the
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inpression  to  the  general  public  that  one  is  a  registered  and  licensed  physician  or
specialist when in fact one is not; and
g)    When any of the  acts defined  jn paragraphs  1  and  5  of this  section  is committed by  a
person against three (3) or more persons,  or when any  of such acts  is committed by at
least three (3) persons who conspire with one another, or when death occur as result of
the commission of the prohibited act mentioned in paragraph (k) of Section 45 of this Act,
the  offense  shall  be  considered  as  a  qualified  offense  and  shall  be  punished  by  life
imprisonment and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but
not more than two (2) Million pesos (P2,000,000.00). Prosecution of offense under this
Act  shall  be  without  prejudice  to  a  separate  prosecution  under  the  provisions  of the
Revised Penal Code and other laws.
17
18       SEC. 55. Med7.cc]/ "cr/prcredce. -Any physician who recklessly fails to meet the standards demanded
19       by the profession, or grossly deviates from the standard of care, and causes injury to the patient, which
20       would  have  been  a  felony  had  it  been  intentional,  shall  be  guilty  of medical  malpractice  and  be
21       punishable  by  a  fine  ranging  from  One  hundred  thousand  pesos  (P100,000.00)  to  Two  hundred
22       thousand  pesos  (P200,000.00)  or  imprisonment  of three  (3)  months  to  six  (6)  months  upon  the
23       discretion of the court, or both.
24
25                       If malpractice results in permanent disability or irreversible injury, the violators shall be liable
26       with a fine ranging from Two hundred thousand pesos (P200,000.00) to Five hundred thousand pesos
27       (P500,000.00)  or six  (6) months to  one  (1)-year  imprisonment,  or both,  upon the discretion  of the
28        court.
29
30                      If the  malpractice  results  in  death,  the  penalty  shall  be  a  fine  ranging  from  Five  hundred
31        thousand  pesos  (P500,000.00)  to  Two  million  pesos  (P2,000,000.00)  or  two  (2)  to  five  (5)  years
32       imprisonment, or both, and revocation of license upon the discretion of the court.
33
34                      This is without prejudice to the filing of appropriate civil action for damages by the offended
35       party before the courts ofcompetentjurisdiction.
36
37       SEC. 56. Cease cr#dDesj.s/ Order. -Upon whtten motion by any interested party and after notice and
38       hearing, the PRBM may issue a cease and desist order to a person not authorized to practice medicine.
39       However, if it is shown in the affidavit/s attached to the motion that the movant or the general public
40       will   suffer  grave   injustice   or  irreparable   injury,   the  Chairperson   of  the  PRBM,   or  upon  the
41        Chairperson's absence, any PRBM member holding office, holding office may issue within seventy-
42       two (72) hours the cease and desist order. The Rules of the court is suppletory for this purpose.
43
44                     The PRBM and PRC shall file an appropriate case for contempt of court against any person
45        who
46       fails or refuses to obey the cease and desist order.
47
48                                                                                    ARTICLE X
49                                                              MISCELLANEOU S PROVISIONS
50
51       SEC. 57. £4##"c}/ JIepor/. -The PRBM shall, on or before the end of January of the year following the
52       enactment   of  this   Act,   and   every   year   thereafter,   submit   to   the   PRC   its   annual   report   of
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accomplishments  on  programs,  projects   and   activities  for  the   calendar  year  together  with   its
appropriate recommendations on issues or problems affecting the practice of medicine.
SEC.  58. j4ppraprz.cIJj.ous. - The  amount necessary to cany out the provisions of this Act shall be
included in the annual General Appropriations Act.
SHC.  59.  /mp/eme#/!.#g R#/es  cw®cJ Regrf/cz/z.o#s.  - Within ninety  (90) days  after the  of approval this
Act,  the  CHED  and  PRC,  in  consultation  and  coordination  with  appropriate  government  agencies,
representatives  from  the  private  sector,  and  other  stakeholders,  shall  promulgate  the  necessary
imp]ementing rules and regulations for the effective implementation of this Act.
11
12       SEC. 60. rrcI72£z./ory provj.SI.our. -The incumbent Board of Medicine shall continue to function in the
13
interim until such time as the PRBM shall have been constituted pursuant to this Act,
14
15        SEC.  61. Separc}bz./j.ty C/¢etsc.  -If any provision  of this Act  is held unconstitutional  or  invalid,  all
16       other provisions not affected thereby shall remain valid.
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SEC. 62. Repecr/i'#g C/c!#se.  -Republic Act No. 2382, otherwise known as the Medical Act of 1959g
Republic Act No.  1243, otherwise known as the law on the Tenure of Office of Hospital Residents in
Government Training Hospitals under DOH, Republic Act No. 2251, ainending Section 1  of Republic
Act  no.  1243,  the  Act  Providing  for  the  Tenure  of Office  of Hospital  Residents  in  Government
Training Hospitals under the DOH, Republic Act No. 5901, otherwise known as Forty Hours a Week
of Labor for Government and Private  Hospitals or Clinic Personnel,  Presidential Decree No.  1424,
otherwise known as the Hospital Residency Law,  and all  other laws,  decrees,  executive orders and
other administrative issuances and parts thereof which are inconsistent with the provisions of this Act
are hereby modified, superseded, or repealed accordingly.
SHC. 63. EJgrec/z.vi.fy. -This Act shall take effect fifteen (15) days after its publication in the Ojyscz.cz/
Gc}ze//e or in a newspaper of general circulation.
31                       Approved,
32