Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson Cit

SEVENTEENTH CONGRESS
Third Regular Session

House BILL No. 7236

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill seeks to establish the Philippine Medical Accreditation Council as an
attached agency of the Department of Health to ensure the quality of medical
residency training for all specialties and sub-specialties of medical residents. It aims
to ensure that the training of our country’s doctors is responsive to the current health
service need of the population. Through the formulation of a training curriculum for
the Medical Residency Training Programs, standards are set to be at par with
international standards.

Proper working conditions are mandated to safeguard the welfare of our medical
residents and their salary and other benefits are guaranteed for those who choose to
work in government hospitals. Guidelines for the professional conduct of medical
residents is also set in this bill to ensure that they maintain professionalism in their
service and do so with dignity. Patients are also assured of their rights, with a
provision on the handling of complaints against medical residents and penalties
thereof.

It is the intention of this bill to help strengthen the health workforce in the country
through an extensive residency training program and produce competent medical
specialists with the heart to serve. It also aims to encourage more people to the field
and help save countless of Filipino people from health crisis.

The approval of this bill is earnestly sought

LUIS RA ID *LI " F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No, 7936

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO MANAGE MEDICAL RESIDENCY TRAINING PROGRAMS IN THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Medical Residency Act’

SECTION 2. Declaration of Policy. ~ It is deciared policy of the State to protect and
promote the right to health of the people and instill health consciousness among
them. In pursuit of such policy, the quality of medical residency training in the
Philippines and at the same time the protection of the rights of medical residents
must be upheld such that they are given due compensation and benefits as well as

provided with humane working conditions

SECTION 3. Definition of Terms and Abbreviations. - The terms and
abbreviations as used in this Act are as follows.

DOH — Department of Health
DOLE — Department of Labor and Employment

c. Foreign graduate of medicine — a graduate of Doctor of medicine who earned
his/her degree abroad or a non-citizen of the Philippines who earned his/her

degree in Philippine medical schools


d. Medical residency training — a training undergone by licensed physicians in
accredited hospitals before they can practice their specialty

e. Medical residents — pertain to physicians undergoing medical residency
training in any field of specialization

f. PMAC — Philippine Medical Accreditation Council

g. PRC — Professional Regulations Commission

h. Specialties/Sub-specialties — specialty pertains to fields of medicine such as
surgery, internal medicine, obstetrics and gynecology, pediatrics, family
medicine and other medical fields. Sub-specialty pertains to highly specialized
fields of medicine

SECTION 4. Creation of the Philippine Medical Accreditation Council (PMAC). —
There shall be established an attached agency of the Department of Health to be
called the Philippine Medical Accreditation Council (PMAC), which shall ensure the
quality of medical residency training for all specialties and sub-specialties of medical
residents, and which shall provide policies that will promote human working
conditions and better compensation of medical residents. The PMAC is also tasked
to ensure that medical residency training of doctors will always be responsive to the

current health service needs of the Philippine population

SECTION 5. Roles and Functions of the PMAC. ~ The PMAC's roles and functions
shall include but not limited to the following.

a. Set the standards of medical residency training for all specialties and sub-
specialties;

b. Ensure that the standards set for medical residency training are at par with
international standards, such as the World Federation for Medical Education
(WFME);

c. Accredit medical residency training programs for all specialty and sub-
specialties;

d. Assess whether doctors who have undergone residency training have
satisfactorily completed the training:

e. Issue certificate to doctors who have satisfactorily completed the residency

training in either government and private hospitals;


f. Screen foreign graduates of medicine who will undergo residency training in
the Philippines and assess the equivalence of their basic medical education to
the standard curriculum prescribed in Philippine schools of medicines;

g. Develop and ensure implementation of policies that will provide better
compensation and benefits and humane working conditions for medical
residents;

h. Receive and act on complaints of medical residents as well as complaints of
patients against medical residents:

i, Ensure that the medical residency training will always be responsive to the
health service needs of the population:

j. Maintain a registry or database of medical residents and accredited residency
training programs;

k. Monitor and evaluate residency training programs regularly, and prescribe
remedial measures to deficient training programs; and

|. Provide mechanisms that will promote equitable distribution of medical

specialties into the various parts of the country

SECTION 6. Organizational Structure. -— There shall be a Governing Council in the
PMAC, which shall be composed of representatives each from the Professional
Regulations Commission (PRC), Department of Labor and Employment (DOLE),
specialty societies, hospital association and medical residents as members, and the
Secretary of the Department of Health as the Chairperson. Under the Governing
Council, the following Committees and Secretariat shall be created to assist the
PMAC in carrying out its roles and functions

a. Committee on Accreditation — It shall be composed of representatives from
the different specialty and sub-specialty societies. It shall be responsible for
accrediting residency training and developing standards for approval of the
Council

b. Committee on Training and Certification - It shall be composed of training
officers or their equivalent in both private and government hospitals. It shall
determine whether doctors have satisfactorily completed residency training
and shall issue certificate of completion of training, if appropriate.


c. Committee on Policies, Standards and Ethics — It shall be composed of
representatives from the Committee on Accreditation and Committee on
Training and Certification, DOLE, PRC. and medical residents. This
Committee shall formulate standards of medical residency training program,
policies on compensation/benefits and working conditions of medical
residents and other policies related to the scope and practice of medical
residency. It shall handle complaints of medical residents and patients and
submit recommendations to the Council for approval and action regarding
complaints filed. It shall also screen foreign graduates of medicine who would
like to undergo residency training in the Philippines.

d. Secretariat - The DOH shall provide a Secretariat for the PMAC to be
composed of both technical and administrative staff. The Secretariat shall
coordinate the activities of the different committees and provide technical and
administrative support in the efficient and effective coordination of programs,
projects, and activities among the different committees of the PMAC.

SECTION 7. Accreditation of Medical Residency Training Programs. - Medical
residency training programs shall only be conducted in accredited teaching and
training hospitals. The PMAC is the only recognized organization that shall be given
the full authority to accredit residency training programs. Upon approval of the
Implementing Rules and Regulations of this Act, 2 period of one year shall be given
to allow time for the transfer of accreditation from the different specialty and sub-

specialty societies to the Committee on Accreditation of the PMAC.

SECTION 8. Training Curriculum of Medical Residency Training Programs. —
The Training Officers or their equivalent shall prepare a training curriculum that shall
meet the standards to be set by the Committee on Policies, Standards and Ethics of
the PMAC. The training curriculum shall be at par with international standards and
shall be responsive to the health service needs of the population. The Committee on
Policies, Standards, and Ethics shall be given one (1) year from the time of its
creation to prepare the standards of medical residency training programs, which will

be uniform for all specialties and sub-specialties.


SECTION 9. Qualifications of Applicants to Medical Residency Training
Programs. — The following shall be minimum qualifications of applicants to medical

residency training programs

a. Apassing score in the licensure examination for physicians
b. No previous criminal and/or administrative record; and
c. Clearance by the PMAC for foreign graduates of medicine.

The PMAC may set other qualifications that it may deem necessary

SECTION 10. General Conditions for the Medical Residency Training of
Foreign Medical Graduates. — The following general conditions shall be applied to
foreign graduates of medicine undergoing 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 clearance from PMAC prior to
application to any accredited residency training program

c. Foreign medical graduates shall undergo basic language course in Filipino
and/or the dialect that is used in the locality where the accredited institution is
located before commencing his/her medical residency. A certificate of
proficiency in Filipino and/or 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 residency training before the PMAC may issue
a clearance to the foreign graduate of medicine. 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 his/her medical residency


SECTION 11. Working Conditions of Medical Residents. - The following working
conditions of medical residents shall be observed by all accredited institutions:

a. No medical resident shall be allowed to go on duty for more than 24 hours
straight, except in extraordinary cases to be determined by the hospital
administrator;

b. Medical residents shall be entitled to one day off from hospital duty every
week;

c. Medical residents shall be given standards quarters in the hospital where
he/she can stay during his/her tour of duty

d. Medical residents shall perform only functions that are related to his/her
residency training. Superiors are forbidden from ordering errands that are not
elated to the training of medical residents or are demeaning to a medical
resident's dignity as a person. The PMAP shall receive and investigate
complaints of this nature from medical residents;

e. Medical residents are also entitled to enough time for personal break, meals
and observing hygiene during a tour of duty,

f. Since medical residents are considered to be on training, they shall be
supervised by their superior at all times especially when performing critical
procedures to patients. In case of junior residents, the senior resident or
consultant shall always be available for supervision and assistance; and in the
case of senior residents, his/her consultants

g. Medical residents shall be treated equally. No medical resident shall be

discriminated because of his/her gender, race, and ethnicity

SECTION 12. Salary and Other Benefits. — The minimum base pay of all medical
residents in government hospitals shall not be lower than Salary Grade 22. They
shall be entitled to overtime pay and night differential pay for services rendered
beyond eight (8) hours or hours of duty beyond 10:00 p.m. to 6:00 a.m. Hazard pay
shall be given as stipulated in Republic Act No. 7305, otherwise known as “The
Magna Carta for Health Workers’, for residents of public or private hospitals.


SECTION 13. Professional Conduct of Medical Residents. — The medical
residents, even though they are on training, shall observe the following professional

conduct at all times:

a. Medical residents shall always uphold the dignity, privacy and rights of his/her

patient;
b. Medical residents shall always perform his/her functions with utmost diligence
especially those related to care of patients so as not to inflict any harm on the
patient;
c. Since medical residents are still on training, they shall not receive any form of
payment from their patient;
d. Medical residents shall not engage in unacceptable practices such as, but not
limited, to the following:
a. Accepting commission from laboratories, diagnostic facilities,
pharmacies for referring patients to these facilities:
b. Obtaining excess and unused medicines, drugs, and other materials
from patients or the supply source, without proper permission;
c. Selling medicines, drugs, and other materials to patients or their
relatives;
d. Selling free samples of drugs or other medicines; and
e. Receiving money or any form of incentive from any pharmaceutical
company for prescribing their brand of drugs, medicines, and other
materials.
e. Medical residents shall always treat his/her superiors, subordinates, co-
workers and patient's relatives with utmost respect;
f. Medical residents shall observe the Generics Act of 1988 and Cheaper and
Quality Medicines Act of 2008;
g. Medical residents shall render full time service to the hospital where he/she is
employed. As such, he/she shall not engage in any part-time job outside the
hospital.

SECTION 14. Responsibilities of Accredited Training Institutions. — The
following are the responsibilities of the accredited training institutions


a. The accredited training institutions shall observe all the provisions of Section
11, which pertain to the working conditions of medical residents:

b. In relation to the preceding provision, training officers or their equivalent
together with the medical residents shall prepare a schedule of their duty at
the start of the year to ensure that the provisions of Section 11 (a) shall be
observed at all times. Periodic evaluation of competencies gained shall be
conducted per year level:

c. The accredited training institutions shall submit the names of their medical
residents, their level, specialty, and other relevant information related to their
medical residency training program to the PMAC for the proposed registry or
database;

d. The accredited training institutions shall provide the necessary logistics,
equipment, and other medical supplies.

SECTION 15. Handling of Complaints. — An aggrieved party can file a complaint
against medical residents and or accredited training institutions to the PMAC. The
Committee on Policies, Standards and Ethics shall handle the complaint; and if
deemed necessary, shall conduct an investigation. It shall come up with a report and
recommendations to the Chairperson of the PMAC within thirty (30) working days
upon receipt of the complaint. The Chairperson shall issue the final decision

regarding the filed complaint

SECTION 16. Violations. - Any accredited training institutions and/or their medical
residents that have been found violating any provisions of this Act shall have the

following penalties:

First Offense — reprimand;
Second Offense — suspension with duration depending on the gravity of the
offense but not exceeding six (6) months;

Third Offense — revocation of the accreditation of the training institutions. In
the case of medical residents, he/she shall not be given a certificate of
completion of residency training by the PMAC and shall be removed from the

residency training program


SECTION 17. Appeal. - Both parties, complainant and respondent, may appeal to
the Secretary of Health within fifteen (15) working days upon receipt of the copy of
the decision. The absence of any appeal within the specified period shall render the

decision as final and executory.

SECTION 18. Creation of Plantilla Positions. ~ There shall be created plantilla
positions in the DOH needed for the implementation of the purposes of this Act

SECTION 19. Budget Appropriations. - The budget needed for the creation of the
PMAC shall be chargeable to the funds of the DOH. As such, the budget allocated
for the Department as per the General Appropriations Act shall be increased
thereafter to provide the funds needed for the creation and maintenance of PMAC
The funds for the upgrading of salary of medical residents, on the other hand, shall
thereafter be included in the General Appropriations Act.

SECTION 20. Implementing Rules and Regulations. - The DOH, together with
DOLE and PRC, shall draft the implementing rules and regulations of this Act within
‘one (1) year after the effectivity of this Act

SECTION 21. Separability Clause. — Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SECTION 22. Repealing Clause. — All laws, decrees, orders, rules, and regulations
or other issuances or parts inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly

SECTION 23. Effectivity Clause. — This Act shall take effect in fifteen (15) days

after publication in the Official Gazette or in one (1) newspaper of general circulation

in the Philippines.

Approved,

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