Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

2384

COMMITTEE REPORT NO.

Submitted by the Committees on, Civil Service and Professional Regulation and
Appropriaions on. U9 SEP 2012
Re: House BillNo.

Recommending its approval in substitution of House Bill Nos. 100, 1616 and 3067

—-Sponsors:-Representatives Andres.D_Salvacion. Jr_Joseph Emilio 4. Abaya. Dr. Janette L.

Garin, Walden F. Bello, Mar-Len Abigail S. Binay, Alfredo D. Maraiion III and
Anthony Rolando T. Golez, Jr. ee

Mr. Speaker:

The Committees on Civil Service and Professional Regulation and Appropriations to which
were referred House Bill No. 100 introduced by Reps. Dr. Janette L. Garin and Walden F.

Bello, entitled:

AN ACT
REGULATING THE EDUCATION AND LICENSURE OF PHYSICIANS
AND THE PRACTICE OF MEDICINE IN THE PHILIPPINES.
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382, AS
AMENDED. AND FOR OTHER PURPOSES

far-Len Abigail S. Binay. entitled: _

_ House Bill No. 1616 introduced by R

AN ACT
REGULATING THE EDUCATION AND LICENSURE OF PHYSICIANS
AND THE PRACTICE OF MEDICINE IN THE PHILIPPINES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382. AS
AMENDED. AND FOR OTHER PURI

Alfredo D. Marafion II] and Anthony Rolando

and House Bill No. 5067 introduced by Rep
T. Golez, Jr.. entitled

AN ACT
THE LICENSURE OF PHYSICIANS AND PRACTICE OF
THE PHILIPPINES REPEALING FOR THE PURPOSE
2 AS AMENDED AND FOR OTHER PURPOSES.

8538

REGULATIN'
MEDICINE
REPUBLIC ACT NO. 23

nd that the attached House Bill No

~ have considered the same
entitled:


AN ACT
REGULATING THE EDUCATION AND LICENS!
AND THE PRACTICE OF MEDICINE IN THE PHILIPPINES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO, 2382. AS
AMENDED. AND FOR OTHER PURPOSES

ill Nos. 100, 1616 and 5067 with Reps. Dr. Janette L.
Garin, Walden F. Bello, Mar-L il S. Binay, Alfredo D. Maraion III, Anthony
Rolando T. Golez, Jr. Andres T. Salvacion, Jr., Joseph Emilio A. Abaya; Daryl Grace J.
uudero Iil. Rufus B. Rodriguez, Juan Edgardo M. Angard, Rafael V.
Mariano, Philip A. Pichay, Carlos M. Padilla, Mary Mitzi “Mitch” L. Cajayon and Lani
Mercado-Revilla as authors thereof.

be approved in substitution of Ho

Respectfully submitted,

ial

“HON. JOSEPH EMILIO‘. ABAYA ~~ HONTAD ACTON, IR.
Chairfhan / Chairman
Comibinee of Approprietions Committee on Civil Sete

and Professional Regulation

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
Third Regular Session

6538

HOUSE BILL NO.

Introduced by Representatives Dr. Janette L. Garin, Walden F. Bello, Mar-len Abigail S.
Binay, Alfredo D. Marafion Ill, Anthony Rolando T. Golez, Jr, Andres D. Saivacion Jr.
Joseph Emilio A. Abaya, Daryl Grace J. Abayon, Salvador H. Escudero ill, Rufus B
Rodriguez, Juan Edgardo M. Angara, Rafael V. Mariano, Philip A. Pichay Carlos M
Padilla, Mary Mitzi “Mitch” L. Cajayon and Lani Mercado-Revilla

“AN ACT
REGULATING THE EDUCATION AND LICENSURE OF PHYSICIANS AND THE
PRACTICE OF MEDICINE IN THE PHILIPPINES, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO, 2382, AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled
ARTICLE |
GENERAL PROVISION
SECTION 1. Title. — This Act shall be known as the “Physicians Act of 2012"

2 SEC. 2. Declaration of Policy. - The state recognizes the vital role of
3 physicians in the preservation, maintenance, safeguard, cure and-enhancement of life,
+ health, and general welfare of the citizenry. Physicians’ professional services shall,
5 therefore, be promoted as an indispensable component cf the total health care system.
6 SEC. 3. Objectives. - This Act provides for and shall govern the
7 (a) standardization, upgrading and regulation of the medical education including

8 internship training;

9 (b) administration of the medical licensure examination, jicefisure and registration

10 of the physicians;

i (c) supervision, control and regulation of the practice of medicine

e (d) integration of the medical profession into one national organization; and

3 (e) promotion of competence, moral: values and professional attitude of

14 physicians through an integrated and accredited professional organization.
——SE€.-4—Enforcement: = For the purpose of implementing-the provisions-of this——



there shall be created the following: Council of Medical Education. hereinafter

referred to as the Council, and the Professional Regulatory Board of Medicine,

hereinafter red to as the Board, under the Professional Regulation Commission
(PRC), hereinafter referred to as the Commission.
ARTICLE I

THE COUNCIL OF MEDICAL EDUCATION
SEC. 5. Composition of the Council of Medical Education. ~ The Council of
Medical Education shall be composed of the following
(a) The Chairperson of the Commission on Higher Education (CHED) or a duly
authorized representative as chairperson:
(b) The Secretary of the Department of Health (DOH) or a duly authorized
“Teptesentative as member; OO
(c) The Chairperson of the Professional Regulatory Board of Medicine or a duly
authorized representative as member,
(d) The President of the integrate and accredited professional organization of
physicians or a duly authorized representative as member: and
(e) The President of the Association of the Philippine Medical Schools (APMS) or
a duly authorized representative as member.
The Chairperson and members of the Council shall hcid office during their
incumbency in the respective institutions that they represent.
The Council, within sixty (60) days after the effectivity of this Act, shall appoint a

technical panel composed of six (6) outstanding members of the

cademe or the

“profession whose responsibility is to assist the Council of Medical Education in carrying
out its functions and powers
SEC. 6. Functions and Duties. - The Council ot Medica! Education shall have

the following functions and duties:
(a) To determine the requirements for admission into a recognized college of

medicine
(b) To determine the minimum requirements for physical facilities of colleges of
medicine, to wit: buildings including hospitals, equipment and supplies.
apparatus, instruments, appliances, laboratories and bed capacity for
instruction purposes, operating and delivery rooms, facilities for out-patient

—_——services-and-others-used-for-didaetic-and-praetical instruction in accordanc



with modern trends.
(c) To determine the minimum number and the standard qualifications of teaching

personnel including student-teacher ratio:
internship leading to

(d) To determine the minimum required curriculum including
the degree of Doctor of Medicine

(e)To authorize the implementation of an acceptable innovative medical
curriculum/strategy in a medical school that has exceptional faculty and
equipment facilities. Such an innovative curriculum may prescribe admission
and graduation requirements other than those prescribed in this Act
Provided That only exceptional students shall be enrojled in the innovative

curriculum; __ . ne

(f) To accept applications and issue certificates of admission to a medical school
and keep a registry of those issued with said certificate, and to collect from
said applicants reasonable fees as may be determined by the Council which
shall accrue to the operating funds of the Board of Medical Education:

(g) To recommend to the CHED the closure or suspension of a college’s Doctor
of Medicine degree program for the poor performance of the graduates of the
said college in the physician licensure examination over a given period of time
based on statistical data furnished by the Board of Medicine and the
Professional Regulation Commission, or upon inspection of the college of

us deficiencies or

medicine by the Council of Medical Education for vari

violations:

(h) To select hospitals or specific departments of certain hospitals which comply
with the minimum specific physical facilities as provided in subparagraph (b)
hereof to undertake and provide training to and

(i) To promulgate, prescribe and enforce the necessary rules and regulations for
the proper implementation of the foregoing functions

SEC. 7. Minimum Required Course. - The medical course leading to the

degree of Doctor of Medicine shall run for at least four (4) years. inclusive of clinical

clerkship and internship training and shall consist of the following subjects
(a) Anatomy and Histology;
(b) Physiology
~ ~(c) Biochemistry and Molecular Sisiogy:—



i (d) Pharmacology and Therapeutics:

2 (e) Microbiology and Parasitology:
3 (6) Internal Medicine:
4 (@) Radiology
5 (h) General and Clinical Pathology and Oncology:
6 (i) Obstetrics and Gynecology;
“i (j) Pediatrics and Nutrition:
8 (k) Surgery,
9 ()) Otorhinolaryngology;
10 (m)Ophthalmology:
__.|_{n) Psychiatry; —
2 (0) Family Medicine, Preventive Medicine and Public Health
(p) Legal Medicine, Medical Jurisprudence
ia (q) Bioethics, Medical Economics;
15 (0) Perspectives in Medicine; and
16 {s) Physical Diagnosis

Provided, That the Council may recommend to the CHED the reclustering or
18 _ integration or revision of the above-mentioned subjects.

9 SEC.8 Admission Requirements. —

20 {a) A medical college may admit any student who has not been finally convicted
21 by a court of competent jurisdiction of any criminal offense involving moral turpitude and

22 who presents all of the following:

es 4) Record showing completion of a bachelor's degree in Science or Arts
Certificate of eligibility for entrance to a school of medicine from the

24 2)
Board of Medical Education.
26 3) Certificate of good moral character issued by two (2) former professors
27 in the college offering the pre-medical course.
4) Birth certificate duly authenticated by the National Statistics Office
29 (NSO); and
30 5) Proof of successfully passing the National Medical Admission Test.

Nothing in this Act shall be construed to prohibit any college of medicine from
section, any other

establishing, in addition to the requirements set forth in :hi

-reasonable-entrance requirements relevantto the degr


For the purpose of this Act, the term “College of Medicine” shall mean to include
faculty of medicine. institute of medicine, schoo! of medicine and other similar institution
which has complied with the standards and requirements set forth by the Board offering
a complete medical course leading to the degree of Doctor of Medicine.

(b) Every college of medicine shall keep complete records of enrollment, grades,
graduates and must publish each year a catalogue giving the following information

4) Date of publication
2) Calendar of academic year;
3) Roll of faculty members indicating whether on full time or part time
basis and their curriculum vitae:
4) Requirements for admission;
5) Grading system :
6) Requirements for promotion;
7) Requirements for graduation;
8) Curriculum and description of course by department; and
9) Number of students errolied in each class in the preceding year
ARTICLE Ill
THE PROFESSIONAL REGULATORY BOARD OF MEDICINE

SEC. 9. Composition of the Board. - There is hereby created a Professional
Regulatory Board of Medicine, hereinafter referred to as the Board, under the
administrative control and supervision of the Commission. composed of a chairperson
and five (5) members to be appointed by the President of the Philippines from among
three (3) recommendees for each position, chosen and ranked by the Commission from
4 list of five (5) nominees for each position submitted by the integrated and accredited
professional organization of physicians. The Board shail be organized not later than six
(6) months from the effectivity of this Act

SEC. 10. Powers and Duties. - The Board shall be vested with the following
specific powers. functions. duties and responsibilities:

(a) Supervise. contro! and regulate the practice of medicine in the Philippines;

(b) Determine and evaluate qualifications of the applicants for registration with

physician licensure examinations and for special permits

(c) Prepare the questions in physicians’ licensure examinations in accordance

-—--—.-—with- recognized principles of evaluation anc-of pertinent-provisions of Section-—-_———

5


18

23, Article IV of this Act prescribe the syllabi of the subjects and their relative
weights for the licensure examinations, formulate or adopt test questions and
deposit them in a test question bank, draw the test questions at random
through the process of computerization, conduct the examination, correct and
rate the examination papers, and submit the examination results to the
Commission within the period provided for by the rules of the Commission:
Provided, That the above mentioned test questions should be consistent with
the table of specifications and congruent with the syllabi of the Association of
Philippine Medical Colleges (APMC); Provided, further, That in the formulation
of test questions, the Board shail ensure that the same shall accordingly test

___the knowiedge, analytical and problem-solving skills of the examinees;

(d) Determine, amend or revise the requirements for the subjects in the physician
licensure examination and their relative weights and the manner of giving the
examination, subject to the approval of the Commission;

(e) Register successful examinees of the physician licensure examinations in the
roll of physicians and issue the corresponding certificates of registration;

(f) Issue special/temporary permits to foreign physicians to practice medicine for
specific projects and for a specific duration of time, in coordination with the
integrated and accredited professional organization of physicians;

(g) In coordination with the integrated and accredited professional organization of
physicians, administer the qualifying examinations to foreign medical

graduates who wish to train in accredited residency and fellowship training

programs in the Philippines and issue temporary training permits renewable

every year,
{h) In coordination with the integrated and accredited professional organization of

physicians, look into the conditions affecting the practice of medicine, adopt
measures for the enhancement of the profession and the maintenance of high
professional, technical and ethical standards, establish a registry of general
practitioners and specialists and conduct ocular inspections of places where
physicians practice their profession;

(i) Monitor the, performance of medical schools and their compliance with the
rules and reguiations of the CHED Technical Committee on Medical

~~ Education
6


1 () In coordination with the integrated and accredited professional organization of
2 physicians, promulgate rules and regulations including a Code of Ethics for

3 Physicians, administrative policies, orders and issuances to carry out the

4 provisions of this Act;

5 (k) Investigate violations of this Act and its rules and regulations. the Code of
6 Ethics for Physicians, administrative policies, orders and issuances
7 promulgated by the Board. The rule on administrative investigation
8 promulgated by the Commission shall govern in such investigation;

9 (I) Issue subpoena ad testificandum or subpoena duces tecum to secure
10 attendance of respondents or witnesses as well as the production of

4 documents relative to the investigation conducted by the Board: Provided,

12 That the failure of the party to whom a subpoena has been issued to comply
13 therewith shall be punishable by way of indirect contempt of the Board. For
14 this purpose, the Board is hereby vested the power to cite any party for
15 contempt which may be exercised pursuant to the applicable provisions of
16 Rule 71 of the Rules of Court: :

7 (m)At the Board's discretion, delegate to the Chairperson or any member of the
18 Board, or @ Commission Attorney (PRC attorney) the hearing of an
19 administrative case. If the case concerns strictly the practice of medicine as
20 defined in Section 27 hereof, the investigation shall be presided over by a

member of the Board with the assistance of a PRC attorney: Provided, That

the power to cite a party in contempt shall be issued exclusively by the Board,

upon recommendation of the member charged with such investigation,

4 (n) After due notice and hearing, cancel examination papers or bar any examinee
25 from future examination, refuse or defer one’s registration, reprimand the
26 registrant with stern warning, suspend one from the practice of the profession,
7 revoke the certificate of registration, cancel special’temporary permit, remove
28 ‘one’s name from the roli of physicians for continuous non-payment of annual
29 tegistration fees and non-compliance with the CME requirement. reinstate or
30 re-enroll one’s‘name in the said roll, and reissue or return the certificate of
31 registration and professional identification card. A decision of suspension,

32 revocation of the certificate of registration or removal from the roll by the



Board as provided herein may be appealed initially to the Commission within

a fifteen (15) days from receipt thereof:
3 (0) Administer the physician's oath pursuant to Sec, 26 herein:

4 (p) Institute and prosecute or cause to be instituted and prosecuted any and all

criminal actions against any violation of this Act or the rules and regulations of

6 the Board, subject to the provisions of Section 5, Rule 110 of the Rules on
7 Criminal Procedure. as amended;

8 (q) Adopt an official seal:

9 (r) Coordinate with the CHED Technical Committee on Medical Education and
10 the Association of Philippine Medical Colleges in prescribing, amending or

revising the courses in a medical program: _ eee
(s) Assist the Commission in the implementation of its prescribed guidelines and

3 criteria on the Continuing Professional Education (CPE) for
14 registeredilicensed physicians;

15 (t) Set the standards and guidelines for the issuance and re-issuance of
16 certificates of registration: and

7 (u) Perform such other functions and duties as may be necessary to efficiently
18 and effectively implement the provisions of this Act

19 The policies, resolutions, rules and regulations, orders or decisions issued or
20 promulgated by the Board shall be subject to the review, revision and approval of the
21 Commission. However, the Board's final decisions, resolutions or orders rendered in
2 an administrative case shall be immediately exec ory.

3 SEC. 11. Qualifications of Chairperson and Members of the Board. ~ The
24 chairperson and members of the Board shall, at the time of their appointment possess

25 the following qualifications:

26 (a) Must be a natural bom Filipino citizen and resident of the Philippines for at
OT least ten (10) consecutive years,

28 (b) Must be at least forty (40) years old

29 (c) Must be a holder of a valid certificate of registration and a valid (professional
30 identification card as a physician:

3 (d) Must be a practitioner for at least ten (10) years:



edited professional

{e} Must be a bona fide member of the integrated and ac:
organization of physicians

(f) Must not have been convicted by final judgment oy a competent court of a
criminal offense involving mora! turpitude:

(g) Must have an experience of at least five (5) years as a faculty member of a
college of medicine;

(h) Must not have been a current member of the faculty of en institute, schoo), or
college of medicine nor have any pecuniary interest in any institution which
offers and operates the course or degree of Doctor of Medicine; and

(i) Must not have been connected with a review center, school, group, or

__association offering classes or lectures in preparation for the physician
licensure examination

SEC. 12. Term of Office. - The chairperson and members of the Board shall

hold office from the date of their appointment for a term of three (3) years or until their

successors shall have been qualified and appointed. They may be reappointed for
another term but not for a third term. Appointments to fill up positions created by
xpired period only.

causes other than the expiration of regular terms shall be for the ur
Each member shall qualify by taking an oath of office before the
duties. The incumbents whose terms have not yet expired or who are merely holding
over, at the effectivity of this Act, shall be allowed to serve the unexpired portion of their

erformance of one’s

terms.
SEC. 13. Compensation of the Board. - The chairperson and members of the

Board shall receive compensation and allowances or other benefits pursuant fo the

provisions of Republic Act 8981, otherwise known as the PRC Modernization Act of
and allowances

2000 and other pertinent laws comparable to the compensatic
received by the chairpersons and members of existing professional regulatory boards

SEC. 14. Grounds for Removal or Suspension of the Chairperson and
Members of the Board. — The President of the Philippines, uvon recommendation of
the Commission after giving the member concemed an opportunity to be heard in
person or through counse! in a proper administrative investigation to be conducted by
the Commission, may remove or suspend the chairperson or a member of the Board on
any the following grounds:

—~ a) Neglect of duty ori

9


ath

{b} Unprofesstonal, unethical or dishonorable conduct:
{c} Manipulation or rigging of results of any physician licensure

of the said

examination, divulging of secret information, or disclo:
examination, or tampering of the grades therein; and

(d) Final conviction by the court of any criminal offense involving moral

turpitude.

SEC. 15. Administrative Management, Custody of Records, Secretariat and
Support Services. - The Board shall be under the administrative and executive
management of the Commission, with the Commission Chaiiperson as the chief
executive officer thereof. All records of the Board shall be uncer the custody of the

Commission oe
The Commission shall designate the Secretary of the Board and shall provide the

secretariat and other support services to impiement the provisions of this Act,

SEC. 16. Annual Report. - The Board shal, on or before the end of January of
each year, submit to the Commission its annual report of accomplishments on
programs, projects and activities for the calendar year together with its appropriate
recommendations on issues or problems affecting the practice of medicine

ARTICLE IV
PHYSICIAN LICENSURE EXAMINATION

SEC. 17. Prerequisites to the Practice of Medicine. - No person shall engage
in the practice of medicine in the Philippines unless that person:

(a) holds a valid certificate of registration and a valid professional

~~ identification card issued by the Professional Regulation Commission.

(b) is a member of the integrated and accredited professional organization
of physicians and its component society in good standing

(c) holds @ valid special/temporary permit issued by the Board of Medicine
subject to approval by the Commission. and upon coordination with the
integrated and accredited professional organization of physicians, or

unless that person is exempted by this Act from holding any of the
foregoing certificates of registration;

(d) is an alien who is a licensed physician who has passed the qualifying
examination given by the Board of Medicine/integrated and accredited

~——professional~ organization — of —physicians—amd—specialties—and is
10


14
15

undergoing specialty training in an accredited residency training
program, has been bestowed a temporary training permit, subject to
renewal every year or holds a valid temporary training permit issued by

the Board of Medicine subject to approval of the Commission, and

upon coordination with the integrated and accredited professional
organization of physicians.

SEC. 18. Examination Required. - All applicants for registration, before they
can be issued certificates of registration and professional identification cards as
physicians shall be required to pass the licensure examination for physicians as
provided for in this Act, subject to the payment of the fees prescribed by the

SEC. 19. Qualifications of Applicants for the Physician Licensure
Examination. - All applicants for the physician licensure examination must possess all

Commission, oe

the following qualifications
(a) Must be a citizen and resident of the Philippines or a citizen of a foreign
country or state which observes reciprocity in the practice of medicine with
the Philippines or who has been a permanent resident in the Philippines for at
least one (1) year prior to the examination;
(b) Must be mentally, emotionally and physically sound
(c) Must not have been convicted in a final judgment by a court of any criminal

offense involving moral turpitude:

(d) Is a holder of the de
medicine established in the Philippines and duly recogniz
a degree conferred by a college of medicine abroad and accredited by the

CHED as substantially equivalent to the degree of Doctor of Medicine offered
by a Philippine college of medicine: and
(e) Has completed one (1) year of internship in a hospital accredited by the
APMC.
SEC. 20. Venues and Schedule of Examinations. - The Board shall give
examinations for the registration of physicians at least twice a year in such places as
the Commission may designate in accordance with the provisions of Republic Act No.

8981



SEC. 21. Registration, Issuance of Certificate of Registration and
Professional Identification Card; APO Membership Card; Grounds For Non-
Registration. — All successful examinees. upon compliance with all legal requirements
and payment of fees prescribed by the Commission, shall be registered and issued
certificates of registration and professional identification cards. They shall likewise be
deemed members of the duly recognized integrated and accredited professional
organization of physicians upon compliance with all requirements and payment of
compulsory dues, and shall be issued the necessary identification cards proving such
membership therein upon presentation of their certificates of registration and
professional identification cards.

__The cettificate of registration of a physician shall bear the registration number —_

and the date of issuance and the signatures of the chairperson of the Commission and

the members of the Board stamped with the seals of the Commission and the Board,
certifying that the name of the person stated therein appears in the Registry/Roster/Roll
of Physicians under the custody of the Commission; that the person has met or
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 the
profession: Provided, That, the registrant does not violate this Act, the rules and
regulations, Code of Ethics for Physicians, and other regulatory policies of the
Commission and the Board.

The professional identification card shall bear the name of the registered
physician, the registration number and the date of issuance, and its date of expiry and,

together with the membership identification card issued by the integrated and accredited
professional organization of physicians. shall be sufficient evidence that the physician
can lawfully practice the profession

A successful examinee who has been convicted by a competent court of a
criminal offense involving moral turpitude, or found guilty by the Board of dishonorable
or immoral conduct, or declared by the court to be of unsound mind shall not be
registered. The decision of the Board. finding the examinee guilty of dishonorable or
immoral conduct, may be appealed by the examinee to the Commission within fifteen
(18) days from receipt of the Board's decision or resolution, and to the Court of Appeals
within the same period from the receipt of the decision or resolution of the Commission

—43-—The-facts-and-the- reasons for-refusal to register shall-be-clearly-stated-in- writing ———



ds of the Commission.

communicated to the examinee and duly incorporated in the r
a SEC. 22. Scope of Examination. - The Physician Licensure Examination shall

3 cover the following thirteen (13) individual or combined/clustered subjects with relative

4 weights for each one final examination after completion of internship:

(a) Anatomy and Histology;
6 (b) Physiology;

7 (c) Biochemistry and Molecular Biology’
8 (d) Pharmacology and Therapeutics,
9 {e) Microbiology and Parasitology.
10 (f) Internal Medicine;
(g) General and Clinical Pathology and 0 _

12 (h) Obstetrics and’Gynecology;
13 (i) Pediatrics and Nutrition:

4 {) Surgery, Otorhinolaryngology, Ophthalmology:

(k) Family Medicine. Preventive Medicine and Public Health: and

Medical Jurisprudence, Medical Ethics end Economics

16 (l) Legal Medicine,
When an urgent and important need arises. and to conform with technological
18 advancements and other changes. the Board, in coordination with the integrated and
19 accredited professional organization of physicians and the Council of Medical
20 Education, may revise the substance and the conduct of such examinations.

ay Each of the twelve (12) subjects shall have its syllabus or table of specifications.

The Board shall apply each syliabus after a lapse of three (3) months reckoned from the

compliance with all the following requisites:

Be (a) Consultation with the concerned academe;

25 (b) Approval by the Commission;

26 (c) Publication of the Board resolution in a newspaper of general circulation; and
27 (d) Dissemination to all colleges of medicine

ae SEC. 23. Rating in the Examination. - To pass the physician licensure

29 examination, an examinee must obtain a general average rating of at least seventy-five
30 per cent (75%) in all twelve (12gt) subjects, with no rating in any subject below fifty per

cent (50%).

nt (75%) or better in

Examinees who obtained an average of seventy-five p



ES

the licensure examination but with grades below fifty percent (50%) in a number of
subjects will be allowed one time to retake the examination only in subjects where they
failed within one (1) year after their last attempt. They must obtain a grade of seventy-
five percent (75%), otherwise they will be required to take all subjects in subsequent
examinations

SEC. 24. Report and Publication of the Results of Examination. - The Board
shall report the rating of each examinee to the Commission within ten (10) days from
the last day of examination. The official results of the examination containing the list of
topnotcher examinees without indication of their respective schools or colleges, the
names of the schools or colleges obtaining top percentages of successful graduate-
“examinees: shall be published-by the Commission in-the-major daily newspapers-of
general circulation

The report of rating of every examinee shall be mailed to the examinee’s given
address using the mailing envelope submitted during the examination.

SEC. 25. Oath. - All successful examinees shall be required to take their oath
before the Board or any person authorized by the Commission to administer oath before
they are issued their certificates of registration and professional isentification cards or
before they start the practice of the profession

ARTICLE V
REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION

SEC. 26. Acts Constituting Practice of Medicine. —

{a) A person_shall_ be considered as engaged in the practice of medicine under

any of the following circumstances:

(1) Diagnosing, treating, operating or prescribing any remedy to any
person for any disease, injury or deformity;

(2) Examining a person's mental condition for any ailment, reai or
imaginary, regardless of the nature of the remedy or treatment
administered, prescribed or recommended;

(2) Offering or undertaking to diagnose, treat, operate or prescribe and
administer any remedy for any human disease, injury, deformity.
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; or

2 (4) Using oF affixing “MD” to one’s name in the practice of the medical
3 profession or in written or oral communications

4 (b) Practice through Special/Temporary Permit. — A special/temporary permit may
5 be issued by the Scard of Medicine in consultation with the integrated and
6 accredited professional organization of physicians and the Department of
7 Health (DOH) subject to approval by the Commission and the Department of
8 Labor and Employment (DOLE) pursuant to its mandate as provided for in
4 Atticles 40 to 42 of the Labor Code. Such permits shall likewise be issued,

i only after payment of fees as prescribed by the Commission, to the following
(4) Physicians licensed by foreign countries or States whose services are __ _

i2 either for a fee or free:

3 i. if they are intemationally well-known specialists or publicly
4 acknowledged as experts in any area of medical
ts specialization; and

16 ji If their services are urgently necessary owing to the lack of
17 available local specialists/experts, or for the promotion or
18 advancement of the practice of medicine including, but not
18 limited to, the conduct of formal classes, acting as resource
26 persons in medical seminars, fora, symposia and the like

} (2) Physicians licensed in foreign countries or States who intend to render
services for free and limited only to indige
hospital, center or clinic: Provided however, That they render such

services under the direct supervision and control of a duly

registeredilicensed Filipino physician; and
{3) Physicians licensed in foreign countries or states employed as exchange

7 professors in any area of medical specialization.
28 (c) The permit shall, among others, provide for such limitations, specifications,
20 and conditions nereunder cited, as follows:

(1) period of not more than one (1) year subject to renewal or
extension: Provided That such renewal or extension shall be
under the same process and requirements hereinabove provided,



(3) The specific place of practice. such as clinic, hospital, center,

college of medicine.

(d) The Board, subject to approval by the Commission and the DOLE, shall
prescribe rules and regulations for the implementation of this particular
section

SEC. 27. Disciplinary Sanctions. - The Board shall have the power, upon

proper notice and hearing, to suspend the practice of profession of a physician, revoke

the physician's cerlificate of registration, or issue a reprimand or cancel the
specialtemporary permit issued to a foreign physician, for any of the following
grounds/causes:

(a) Final conviction by a court of competent jurisdiction of any criminal _
offense involving moral turpitude.

(b) Immoral or dishonorable conduct;

(c) Insanity;

(d) Misrepresentation in the acquisition of the certificate of registration and
professional identification card or temporary/special permit;

(e) Gross negligence, ignorance or incompetence in the practice of the
profession, resulting in an injury to or death of the patient:

(f) Use of prohibited drugs. addictior to alcoholic beverages and illegal
gambling, even without rendering the physician incompetent to practice
the profession:

(g) Making, or causing to be made false, misleading, extravagant or

ther than one’s ‘name,

wherein. things

\dver

unethic
profession, limitation of practice, clinic nours, 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 ariother
physician without justifiable motive;

(i) Knowingly issuing any fa'se medical certificates or findings;

() Performance of, or aiding in, any criminal abortion

(k) Performing any act constituting practice of an area of medical

specialization without fulfling the specialization requirements

—prescribed-by the Board-of Medicine: —

16


1 (l) Making any fraudulent claims with government or private health
2 insurance:
(m)Violation of any provision of the Code of Ethics for Physicians as

4 prescribed by the Professional Regulatory Board of Medicine and
subject to the approval by the Commission

6 (n) Practice of profession during the period of one’s suspension: and

7 (0) Willful failure or refusal to be a member of the integrated and

8 accredited professional organization of physicians or expulsion or

i) termination of membership therefrom;

10 SEC. 28. Rights of the Parties. — The private complainant and the respondent

physician shall be entitled to counsel and to be heard in person, to have a speedy and_
public hearing, to confront and to cross-examine witnesses, and to all other rights
guaranteed by the Constitution and the Rules of Court. All cases ‘lied or pending under

14 this Act shall not be discussed or taken in any forum until after the same shall have

15 been decided with finality
16 SEC. 29. Appeal from Judgment. - The decision of the Board shall become
17 final fifteen (15) days from the date of receipt of such decision by the parties or their
18 counsel. Within the same period, the aggrieved party may ask for a reconsideration of
19 the decision for being contrary to law or for insufficiency of evidence. When such
20 motion for reconsideration is denied, the aggrieved party may appeal to the Court of
21 Appeals under Rule 43 of the Rules of Court. No second motion for reconsideration to
the Board shall be allowed.

"A decision rendered by the Commission against the respondent shall be

24 executory
SEC. 30. Reissuance of Revoked Certificate of Registration and
Professional identification Card and Replacement of Lost Certificate of

27 Registration and Professional Identification Card. - After two (2) years and after due
28 consultation with the integrated and accredited professional organization of physicians,

29 the Board may order the reinstatement of any physician whose certificate of registration

30 has been revoked, if the respondent has acted in an exemplary manner in the
31 community.
32 A new certificate of registration or professional identification card that has been

——33—lost-destroyed-or mutilated may be issued-subjectto-the-rules of the Commission

7


— ——SE€-37-—Foreign-Reciprocity—— No-foreigner shalt-be

SEC. 31. Mandatory Use of Certificate of Registration, Professional
Identification Card, APO Membership Card and Professional Tax Receipt Number.
~ A registered physician shall indicate the certificate of registration number, the number
and the expiry date of the professional identification card and the APO membership
card, and the professional tax receipt number on the prescription and other documents
that one signs, uses or issues in connection with the practice of the profession.

SEC. 32. Vested Rights. - All registered physicians at the time this law takes
effect shall be automatically registered under the provisions hereof, without prejudice to
the other requirements herein set forth

SEC. 33. Exceptions. - For purposes of this Act, any medical student duly
enrolled in an accredited medical college or school, or any graduate of medicine
undergoing post graduate training, serving without any professional fee in any
government or private hospital, under the direct supervision and control of a duly
registered physician, shall not be considered as engaging in the practice of medicine.

SEC. 34. Integration of the Profession. ~ All registered physicians shall be
integrated into one (1) national organization to be duly recognized and accredited by the
Board and the Commission. A physician duly registered by the Board and the
Commission shall automatically 5ecome a member of the said organization and shall
receive the benefits and privileges appurtenant thereto upon payment of required fees
and dues. Membership in the integrated and accredited professional organization of
physicians shall not be a bar to membership in any other association of pnysicians.

SEC. 35. Mandatory Continuing Medical Education. - The Board shall

~ implement through the integrated and acer
a mandatory continuing Medical education among practicing physicians in consonance
with the guidelines of the Continuing Professional Education (CPE) as shall be hereafter
promulgated by the Commission
SEC. 36. Automatic Registration of Physicians. - All physicians whose
names appear at the Registry/Roll/Roster of Physicians at the time of the effectivity of
this Act shall automatically be registered by the Board and the Commission as
physicians and, thereafter, by the integrated and accredited professional organization of
registered and licensed physicians as its bona fide members pursuant to Section 22 of

this Act.

iowed-to-take the--— -
18


¢ examination for physicians, register, receive one’s certificate of registration

license

an professional identification card, and practice as a physician in the Philippines

he requirements for the licensure examination and the registration and practice

uniess
of the profession as a physician imposed under the faws and regulations in one's
d and contemplated

foreign country or state dre substantially the same as those req:
oy the Philippine laws and regulations, and unless the said foreign laws and regulations
allow Philippine citizens to practice as a physician within the territory of the said foreign
country or state on the same basis and grant the same privileges as those enjoyed by

the citizens, subjects or nationals thereof.
ARTICLE VI

PENAL PROVISIONS __ oe

SEC. 38. Penalties. -
(a) The penalty of imprisonment of not less than one (1) year but not exceeding
five (5) years or a fine of not less than Two Hundred Thousand Pesos
(200,000.00) but not exceeding Five Hundred Thousand Pesos
(P500,000.00), or both, upon the discretion of the court, shall be imposed
upon
(1) Any person who practices or offers to practice medicine in the
Philippines without a valid certificate of registration and a valid
professional identification card, or a valid temporary/special permit in
accordance with the provisions of this Act
2) Any person using or attempting to use as one’s own the certificate of

duly issued to another:
(3) Any person who shall give any false or forged documents, credentials
and any other proof of any kind to the Board or Commission in order to
2 of registration or professional identification card or

obtain a certific:
temporary/special permit:

{4} Any person who shall falsely impersonate any dona fide registrant with
like or different name;

(5) Any registered and licensed physician or medica’ specialist who shall
abet or assist in the iliegal practice by a person who is not fawfully

—~-==——--quaiifie te practice mevicine or any of area-of medical specialization;——-—~

19

Tegistration or professional dentification card or temparary/special permit


(6) Any person who actually engages in the practice of medicine as defined

= in paragraphs (a)(1) and (a)(2) of Section 27 of this Act without any
3 certificate of registration

+ (7) Any person who shall attempt to use a revoked or suspended certificate
5 of registration or a cancelled temporary/special permit

6 (8) Any person who shall use or advertise any title or description tending to

7 convey the impression to the general public that one is a registered and
f licensed physician when in fact that person is not
9 (9) Any registered and licensed physician or medical specialist who shall
10 use or advertise any title or description tending to convey the impression
_____10 the general public that one is an specialist ir an area of medical
be specialization when in fact that person is not; and Oe
(10) Any registered physician who shall commit any of the prohibited
14 acts as enumerated in pars. (i), (), (k} and (I) of Section 28 hereof.
5 (b) When any of the acts defined in paragraphs 5 and § of this section is
16 committed by a person against three (3) or more persons, or when any of
17 such acts is committed by at least three (3) persons who shall cooperate and
18 confederate with one another, or when death occurs as a result of the
19 commission of the prohibited act mentioned in paragranh (k), Section 28 of

this Act, the offense shall be considered as a qualified violation of this Act and
shall be punishable by life imprisonment and a fine of not less than Five
Hundred Thousand Pesos (P500,000.00) but not more than Two Million

“Pesos.

24 Prosecution of offenses under this Act shall be without prejudice to a separate
25 prosecution under the provisions of the Revised Penal Code and other laws

SEC. 39. Injunctions. - Upon written motion by any interested party and after

notice and hearing, the Board may issue an order enjoining any person illegally
28 practicing medicine from performing any act constituting the praciice of medicine until
29 the necessary certificate therefor is secured. However. if it is shown in the affidavits
30 attached to the motion that the movant or the general public will su‘fer grave injustice or
31 irreparable injury, the chairperson of the Board, or, in his absence. any Soard member
holding office may issue a temporary restraining order effective for seventy-two (72)

hours: —Fhe-appticable- provisions-of Rule-58 of the-Rules-of-Court-shall-govern the
20



i

6
i)
8

30

i

“their programs the implementati

issuance of the writ of injunction and lifting thereof, except that where after hearing it is
shown that the movant is entitled to the injunction prayed for, such writ of injunction
shall be effective until there is clear showing that the respondent is authorized to
practice medicine in the Philippines

Any such person who, after having been so enjoined, continues on the illegal
practice of medicine shall be punished for contempt of court. The issuance of the said
injunction shall not relieve the person from criminal prosecution and punishment as
provided in the preceding section

ARTICLE VII
FINAL PROVISIONS

SEC, 40, Enforcement. - The Commission shall be the enforcement agency of
“the Board. As such, the Commission shail implement the provisions of this Act, enforce
its implementing rules and regulations as adopted by the Board, assist the Board in the
investigation of complaints against violators of this Act. its rules and regulations, the
Code of Ethics for Physicians and other policies of the Board

The Commission or the Board shall call upon or request any department,
instrumentality, office, bureau, institution, or agency of the government including local
government units (LGUs) to render such assistance as it may require, or to coordinate
or cooperate in order to carry out, enforce or implement the professional regulatory
policies of the government or any program or activity it may undertake.

SEC. 41. Appropriations. - The chairpersons of the Commission on Higher
Education and the Professional Regulation Commission shall immediately include in
he funding of which shall be charged

F this Act,

against their current year's appropriations and thereafter in the Annual General
Appropriations Act

SEC. 42. Implementing Rules and Regulations. — Within ninety (90) days after
ission, together with the

the approval of this Act, the Professional Regulation Com
Board, the integrated and accredited professional organization of physicians and the
Council of Medical Education of the Commission on Higher Education shall prepare and
promulgate the implementing rules and regulations (IRR) to carry out the provisions of
this Act and adopt tne Code of Ethics of the medical profession. The IRR shall take
effect fifteen (15) days after their publication in @ major daily newspaper of general

circulation-and/or the Official Gazette.


t Board shall continue to

SEC. 43. Transitory Provisions. — The incumbel

w Board shail have been constituted

as the

2 function in the interim until suc

3 pursuant to this Act.
4 SEC. 44. Separability Clause. - If any clause, provision, paragraph or part
hereof be declared unconstitutional or invalid, such judgment shall not affect. invalidate
6 of impair any other part hereof, but such judgment shall be merely confined to the
7 clause. provision, paragraph or part directly involved in the controversy in which such
8 judgment has been rendered

9 SEC. 45. Repealing Clause. — Rep
10 Act of 1959", as amended by Republic Act
said Act, all
and paris thereof which’ are inconsistent wi

lic Act No. 2382 known as “The Medical

los. 4224 and 5946. ali laws amending the
isst

ther administre

ther laws. decrees, executive orders and

the provisions of this Act are hereby

13 repealed accordingly,
4 SEC. 46. Effectivity Clause. —

is Act shall take effect fifteen (15) days after

15 its publication in the Official Gazette or in any newspaper of general circulation.

16 Approved,



FACT SHEET

House Bill Nos. 100, 1616 and 5067

AN ACT REGULATING THE EDUCATION AND LICENSURE
OF PHYSICIANS AND THE PRACTICE OF MEDICINE IN
THE PHILIPPINES, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 2382, AS AMENDED, AND FOR OTHER
PURPOSES

Introduced by REPRESENTATIVES JANETTE L. GARIN, M.D., WALDEN F. BELLO,
MAR-LEN ABIGAIL S. BINAY, ALFREDO D. MARANON I!l, ANTHONY ROLANDO T.
GOLEZ, JR., ANDRES D. SALVACION, JR., JOSEPH EMILIO A. ABAYA, DARYL
GRACE J. ABAYON, SALVADOR H. ESCUDERO Ill, RUFUS B. RODRIGUEZ, JUAN
EDGARDO M. ANGARA, RAFAEL V. MARIANO, PHILIP A. PICHAY, CARLOS M.
PADILLA, MARY MITZI L. CAJAYON AND LANI MERCADO-REVILLA.

Committee Referral: COMMITTEE ON CIVIL SERVICE AND
PROFESSIONAL REGULATION (Primary)
Committee Chairperson: REP. ANDRES D. SALVACION, JR.
Committee Referral: COMMITTEE ON APPROPRIATIONS (Seconcery)
Committee Chairperson: REP. JOSEPH EMILIO A. ABAYA

OBJECTIVE:

« To repeal Republic Act No. 2382, or the Philippine Medical Act of 1959
and enact a new law regulating the practice of the medical profession
with the end in view of meeting the challenges of improving the quality of
health care the imperatives of global competitiveness in the field of

medicine

KEY PROVISIONS:

* Renames the Board of Medical Examiners under Republic Act No. 2382 to
the Professional Regulatory Board for Medicine and increases the board
membership from a Chairperson and five (5) members to a Chairperson
and six (6) members to be appointed by the President of Philippines from
among three (3) recommendees for each position, chosen and ranked by
the Commission from a list o nominees for each position submitted
by the integrated and accredited professional organization. (The Board
shail be under the admi e control and supervision of the
Professional Regulation Commission}

« Requires additional qualifications for persons appointed as a member of
ide lippines for at least ten (10) consecutive

years: (2) at least forty (40) years old: (3) a physician who is a holder of a



valid certificate of registration and a valid professional identification card:
(4) a practitioner for at least ten (70) years: (5) a bona fide member of the
integrated and accredited national organization of Physicians; (6) have not
been convicted by final judgment by a competent court of a criminal
offense involving moral turpitude; (7) have at least two (2) years
experience as faculty members in a college of medicine: (8) not a member
of the faculty in an institute, school or college of medicine or does not have
a pecuniary interest, direct or indirect, in the institution which offers and
operates the course of degree of Doctor of Medicine; (9) not connected
with a review center/school/group or association where review classes or
lectures in preparation for Physician Licensure Examination are being
offered or conducted, at the time of appointment; and (10) not an officer of
the accredited organization of physicians or the integrated and accredited
national organization of registered and licensed physicians at the time of
appointment

«Changes the Board of Medical Education to Council for Medical Education,

* Changes the composition of the Council for Medical Education under the
Commission on Higher Education from its present set-up composed of the
heads or representatives from the Department of Education, Department
of Health, Bureau of Private Schools, Board of Medical Examiners,
Philippine Medical Association, University of the Philippines-College of
Medicine, Council of Deans of Philippine Medical Schools, and the
Association of Philippine Medical Colleges, to a Council composed of the
Chairperson of the Commission on Higher Education, the Secretary of the
Department of Health, the Chairperson of the PRC Board for Medicine, the
President of the Philippine Medical Association, and the President of the
Association of Philippine Medical Colleges, or their representatives.

Includes Psychiatry among the subjects for licensure examination.

Mandates clinical clerkship and internship training as a requirement in the
—éomipletion of a doctorate degree in-medicine-————---—-——-

* Mandates the implementation of Continuing Professional Education (CPE)
program for the enhancement of the medical profession

RELATED LAW:

= Rep. Act No. 2382, the Philippine Medical Act of 1959