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

Seventeenth Congress
First Regular Session

feng
HOUSE BILLNO, 4768

Introduced by Honorable Michaelina M. Antonio

EXPLANATORY NOTE

‘This bill seeks to integrate the Philippine Medical Association, Inc. (PMA), the
existing umbrella organization of the medical profession, the Accredited Professional
Organization (APO) of physicians by the Professional Regulation Commission (PRC).

By way of integration, the PMA becomes a partner of the government in the
improvement of the country’s health care service and delivery system. It is designed to
ensure and preserve the integrity, competence, accountability, and accessibility of the
medical profession.

The PMA is a duly registered non-stock, non-profit organization, founded on
September 15, 1903. It is acknowledged in the Medical Act of 1959, and referred to in
many laws of the country, PMA is an “institution”, registered in the National Historical
Institute. PMA is also recognized as one of the Professional Medical Regulatory
Authorities (PMRA) in the Asean Mutual Recognition Agreement (MRA) and the
Professional Regulation Commission Board of Medicine ( PRC-BOM )

The Philippine Medical Association (PMA) for its entire 113 years of existence
has been the mother organization of physicians. It is recognized by International Medical
Organizations like the World Medical Association (WMA), the World Health
Organization (WHO), the MASEAN (Medical Association of South East Asian Nations,
the Confederation of Medical Associations in Asia and Oceana (CMAAO), American
Medical Association, all agencies of our government, and private organizations

PMA has contributed much to the development of health care in the country. PMA
was instrumental in the creation of what is now known as the Department of Health, the
University ofthe Philippines College of Medicine, the Medicare Commission (currently
Philhealth) and the PMA Code of Ethics,

RECEIVED “@\



‘The PMA brings together the entire medical profession under one roof to serve as
authoritative source of information on health, disease and medical practice. It is
responsible for the training of specialists through its Specialty Societies. It also ensures
sustained excellent quality healthcare delivery through its continuing medical education,
program of clinical practices, guidelines, directly or through the specialty societies, It
polices its ranks through the PMA Code of Ethics,

The PMA has eight specialty divisions: Pathology, Radiology, Anesthesiology,
Surgery, Internal Medicine, Pediatrics, Obstetrics and Gynecology and Family Medicine.
All of these specialty divisions have several sub-specialty societies,

Currently, there are 28,000 physicians who are active members of the PMA
Membership in the PMA is coursed through the Component Society. There are presently
118 Component Societies, which is the basic unit of the PMA, equitably distributed in all
regions of the country, All provinces and cities in the Philippines have Component
Societies, more popularly known as medical societies. A group of these medical societies
form a region or regional council. The Board of Governors exercise control and
supervision over the regional councils and the components societies. The Board of
Governors has the power to realign regions and component societies and further the
power to create new component society or de-list existing ones.

Aside from its by-laws, the PMA has codes governing its affairs and the conduct
of its members. Among its codes are the Administrative Code, Code of Professional
Specializations, the Code on Continuing Medical Education, Code of Fthies, the Election
Code, and Mutual Aid Code and Guidelines on Protocol and Procedures and Guidelines
on Affiliate Societies

For the benefit of its members, the PMA and its Specialty Societies conduct
periodic seminars, workshops and conventions educating its members on the latest
medical technology and medicines. Its Specialty Societies determine the specialists in the
various fields of medicine

There is no other medical organization that possesses the breadth, composition,
membership and nationwide coverage of the PMA. In almost all matters affecting health
or the medical profession, the government seeks the advice of the PMA.

Further, this proposed legislation will rid of the so called misfits in the medical
profession or those found to be negligent in their practice. The negligent acts of some
doctors have led to a spate of incidents where patients die, are maimed or scarred, or
suffer physical injuries

Under existing laws, a patient has three (3) options to remedy or punish such
negligent acts, one is the filing of a criminal action under the Revised Penal Code under

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Article 365 (reckless imprudent the second is the filing of a civil c
of damages, and the third is the filing of a case before the Profe:
Commissions (PRC) for the revocation of the license of the doctor,

for the recovery
ional Regulations

Patients usually find the above remedies inconvenient and ineffective because:

a) Court or administrative actions are time consuming since the courts and the
PRC’s dockets are already clogged;

b) It entails considerable expense;

c) Court or administrative actions involve too much technicalities.

This bill provides a patient with a fourth remedy by filing a case with an integrated
professional medical organization. The medical profession, just like the legal profession,
once integrated shall mean that no doctor can practice his / her profession unless he / she
becomes a member of such integrated profession organization. An aggrieved patient may
now seek the revocation of membership of a doctor in that integrated professional
medical organization

This bill, in making the PMA as the integrated professional medical organization,
mandates all physicians who are engaged or will engage in the practice of medicine to
become members of the PMA. It also makes the PMA a professional medical
organization that can serve as an extension of the government at no cost in regulating the
medical profession, maintaining the high standard and ethical conduct of medical
practitioners, and help in the continued efficient and quality delivery of health care and
service

In view of the foregoing, the passage of this bill is earnestly sought

CTigkam)
© mE IELLE M. ANTONIO.


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

Seventeenth Congress
First Regular Session

ao i
HOUSE BILL NO, 4768

Introduced by Honorable Michaelina M. Antonio

EXPLANATORY NOTE

AN ACT
INTEGRATING THE MEDICAL PROFESSION OF THE PHILIPPIN

ES

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

SECTION 1. — Title ~ This Act shall be known and cited as the “INTEGRATED
MEDICAL PROFESSIONAL ORGANIZATION ACT OF 2017”

SECTION 2. — Declaration of Policy — The state recognizes the vital role of
physicians in the preservation, maintenance, safeguard, cure and enhancement of the life,
health and general welfare of the citizenry. Physicians’ professional services shall
therefore be promoted as an integral part of the total health care system. Integrating the
practicing physicians under one medical professional organization will further streamline
the attainment of these objectives.

SECTION 3. — Objectives - The PMA, as the integrated medical professional
organization, shall have the following objectives

1. To assist the Regulatory Board of Medicine in the implementation of its policies,

rules and regulations regarding the supervision, control and regulation of the

practice of medicine;

‘To help government agencies in improving the distribution of health providers and

the delivery of health care to the community;

3, To enable the medical profession to discharge its social responsibilities more
effectively;

4, To promote alternative dispute resolution through mediation to achieve speedy and
impartial justice and reduce law suits;

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5. To promote a continuing program of medical re
. To elevate the standards of the medical profession;

7. To promote competence, moral values, ethical and professional attitude of

physicians;

8. To cultivate among its members a spirit of cordiality and brotherhood;

9. To promote continuing medical education;

10. To safeguard the professional interest of the members:

11. To supervise the conduct of specialization process of specialty organizations.

rch;

SECTION 4, ~ Integration — The Philippine Medical Association, Inc. (PMA) as
is hereby integrated as the official integrated professional medical organization of the
Philippines. PMA, in coordination with the Regulatory Board of Medicine, shall
implement the integration of the medical profession in accordance with the provisions of
this Act. The provisions of this Act shall prevail over that of the Philippine Medical
Association:

SECTION 5. - Organization — The organizational structure of the PMA as a non-
stock, non-profit corporation duly registered with the Securities and Exchange
Commission shall be retained. However, PMA is enjoined to amend its constitution and
by-laws to conform with the provisions of this Act, and its Implementing Rules and
Regulations.

SECTION 6. Membership ~ All physicians duly registered with the Regulatory
Board of Medicine either in the private practice of medicine or in the government
services shall become members of the PMA. Membership in good standing in the PMA
shall be a mandatory and continuing condition for the legal practice of medicine in the
Philippines

SECTION 7. - Power and Functions
powers and functions:

The Association shall have the following,

a) Keep a roster of all physicians who were issued Certificate of Registration by the
Regulatory Board of Medicine and those in active practice of the profession;

b) Issue valid identification card to members of the profession in active practice;

c) Recommend to the President of the Philippines appointees to the Regulatory
Board of Medicine,

d) Set general guidelines for the establishment of medical associations and accredit
the same, In this regard, all existing medical associations shall, within one (1)
year from the effectivity of this Act comply with the guidelines;

e) Investigate motu proprio, or upon complaint by any person, any ground for
administrative sanctions, reprimand, suspension or expulsion from membership,
against members of the profession and recommend to the Regulatory Board of

5


Medicine appropriate sanctions against the erring member;

£) Investigate allegations of illegal practice by non-members of the profession, and
initiate the prosecution of the same to protect the profession;

g) Undertake mandatory continuing medical education of members in coordination
with the Regulatory Board of Medicine;

h) Supervises the specialty organizations in their specialization process, and their
activities

i) Exact reasonable dues from all the members of the profession in active practice;
and

j) Undertake such matters that will strengthen the profession and protect it against
persons engaged in illegal practice.

SECTION 8. - Professional Specializations — PMA, as the integrated medical
professional organization shall supervise the conduct of specialization process and the
activities of its specialty organizations. Specialty organizations shall coordinate with the
PMA regarding any amendment to its organizational structure or any major policy
changes.

Specialty organizations shall determine the requirements and criteria for
specializations, regulate and accredit training programs, conduct the certification process
and confer the specialization in coordination with the Regulatory Board of Medicine and
the PMA, They must submit the list of certified specialist to the PMA and the Regulatory
Board of Medicine and shall update the same as often as necessary.

Due consideration must be given to physicians who have completed the training
programs accredited by the specialty organizations, or by the Department of Health prior
to 1988 when the department was still certifying DOH Specialists, and those who have
acquired adequate expertise through long years of practice, who are already practicing the
specialization as of the date of implementation of this Act. Specialty organizations must
promulgate policies to selectively allow the above group of physicians to practice the
specialization and to continue to assist them to become certified specialists,

SECTION 9, - Complaints ~The PMA as the Integrated Medical Professional
Organization shall have the authority to hear and decide professional and administrative
complaints against its members, It shall prescribe its rules of procedure that shall govern
the conduct of its proceedings. The rules shall be liberally construed and the technical
rules of procedure on evidence shall not be strictly applied in order to have a speedy, just
and efficient resolution of cases.

In this regard, the PMA shall exercise its authority to hear and decide professional
and administrative complaints against its members through the PMA Commission on
hics. The PMA shall be assisted by at least one legal counsel and headed by a
Chairman, a respected member of the association.



SECTION 10. ~ Grounds — A person may file a verified complaint in the PMA
against any member thereof on the following grounds

a) gross negligence, ignorance or incompetence in the practice of his / her profession;

b) conviction by a court of competent jurisdiction of any criminal offense involving
moral turpitude;

c) immoral or dishonorable conduct;

d) insanity;

jonal license or

e) fraud in the acquisition of the cert
renewal thereof,

ate of registration, and profi

£) addiction to alcoholic beverages or to any habit-forming drug rendering him or her
incompetent to practice his or her profession:
fal:

g) false, extravagant or unethical advertisement;

h) performing or aiding in any criminal abortion;

i) knowingly iss

uing any false medical certificate;

j) issuing any statement or spreading any news or rumor which is derogatory to the
character and reputation of another physician without justifiable motive;

k) aiding or acting as a dummy of unqualified or unregistered persons to practice
medicine; or

1) violation of the PMA Code of Ethics.

SECTION 11, — Penalties - The PMA, as the integrated medical profession
organization of the Philippines shall impose the penalties of reprimand, suspension or
expulsion depending on the gravity of the offense. If any of the grounds enumerated in
Section 9 hereof shall result in the death or permanent disability of a patient, the highest
penalty of expulsion shall be imposed.

SECTION 12. — Medical Malpractice Mediation -To promote party autonomy in
the resolution of disputes in accordance with R.A. 9285 (An Act to institutionalize the
use of an alternative dispute resolution system in the Philippines and to establish the
office for alternative dispute resolution and for other purposes), complaints on medical



error or malpractice must be lodged with the PMA first before being elevated to the
Regulatory Board of Medicine or the Court if unresolved.

To achieve speedy and impartial justice to de-clog case dockets, PMA shall set up
a mechanism through its Commission on Ethics in mediating complaints of patients
against physicians for medical errors or malpractice to head off a malpractice law suit
For convenience and accessibility to complainants, the Committee on Ethics of the
Component Societies may be tapped

SECTION 13, — Implementing Rules and Regulations (IRR) ~ The PMA, in
coordination with the Regulatory Board of Medicine, shall promulgate the necessary
implementing rules and guidelines of this Act for its effective implementation within 90
days from the approval of this Act. ‘The IRR shall take effect after fifteen (15) days
following their publication in two (2) daily newspaper of general circulation, Where there
is conflict with the provisions of the constitution and by-laws of the Philippine Medical
Association, Inc. the provisions of this Act shall prevail

SECTION 14. — Separability Clause = If any clause, provision, paragraph or part
hereof be declared unconstitutional or invalid, such judgment shall not affect, invalidate
or impair any other part hereof, but such judgment shall be merely confined to the clause,
provision, paragraph or part directly involved in the controversy in which such judgment
has been rendered.

SECTION 15. — Repealing Clause — Provisions on the Integration of the Medical
Profession of Republic Act No. 2382 also known as “The Medical Act of 1959”, as
amended by Republic Act Nos, 4224 and 5946, and in all laws amending said Act, as
well as all issuances to implement the same integration, are hereby repealed. 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, amended,
superseded or repealed accordingly

SECTION 16, — Effectivity — This act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any major leading newspaper of national
circulation, whichever is earlier

Approved,