205 Ey

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress.
Third Regular Session

2407

COMMITTEE REPORT NO.

Submitted by the Committees on Civil Service and Professional Regulation and Appropriations

on 206 2023575

Recommending its approval in substitution of House Bill Nos. 401, 2665, 2701 and 2716

Sponsors: Representatives Andres D. Salvacion, Jr. Joseph Emilio A. Abaya, Jr., Juan Edgardo
M. Angara, Florencio “Bem” G. Noel and Angelo B, Palmones

Mr. Speaker:

The Committees on Civil Service and Professional Regulation and Appropriations to which were
referred House Bill No. 401 introduced by Rep. Juan Edgaro M. Angara, entitled:

AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY IN THE
PHILIPPINES, REPEALING FOR THE PURPOSE R.A. 754 ENTITLED “AN ACT TO.
REGULATE THE PRACTICE OF CHEMISTRY IN THE PHILIPPINES AND FOR OTHER
PURPOSES”

House Bill No, 2665 introduced by Rep. Florencio “Bem” G. Noel, entitled:

AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY IN
THE PHILIPPINES, REPEALING FOR THe PURPOSE R.A. 754

House Bill No. 2701 introduced by Rep. Angelo B. Palmones, entitled:

AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY IN THE
PHILIPPINES, REPEALING FOR THE PURPOSE R.A. 754

and House Bill No. 2716 introduced by Rep. Juan Edgardo M. Angara, entitled:


AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY IN THE:
PHILIPPINES, REPEALING FOR THE PURPOSE R.A. 754
oe

have considered the same and recommend that the attached House Bill No. _ entitled:

AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY
IN THE PHILIPPINES, REPEALING FOR THE PURPOSE R.A. 754

be approved in substitution of House Bill Nos. 401, 2665, 2701 and 2716, and with Reps. Juan
Bagerdo M, Angara, Florencio “Bem” G. Noel, Angelo B. Paimones, Andres D. Salvacion, Jr.
Joseph Emilio A. Abaya, Daryl Grace J. Abayon, Salvador H. Escudero Ill, Neil Benedict A:
Momtejo, Rufus B, Rodriguea, Janette A. Garin, Rafsel V. Mariano, Anthony Rolando T: Golez,
Tr. Philip A. Pichay, Carlos M. Padilla, Josephine Veronique R. Lacson-Noel,, Rachel
Marguerite B. del Mar and Catalina C. Bagasina as authors thereof,

Respectfully submitted,

Committee on Appropriatian
and Professional Regulation

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO.
(in substitution of HBs 401, 2665, 2701 and 2716)

Introduced by Representatives Juan Edgardo M. Angara, Florencio “Bem” G. Noel, Angelo
B. Palmones, Andres D. Salvacion, Jr., Joseph Emilio A. Abaya, Neil Benedict A. Montejo,
Josephine Veronique R. Lacson-Noel, Rachel Marguerite B. del Mar and Catalina C.
Bagasina

TO REGULATE AND MODERNIZE THE PRACTICE OF CHEMISTRY
IN THE PHILIPPINES, REPEALING FOR THE PURPOSE R.A. 754

Be it enacted by the Senate and the House of Representatives of the Republic of the

Philippines in Congress assembled:
ARTICLE
TITLE, POLICY AND DEFINITIONS

SECTION 1. Title - This Act shall be known as the “Chemistry Law of 2012.”

SEC. 2. Declaration of Policy. - It is the policy of the State to promote, regulate and
protect the professional practice of chemistry in the Philippines and to ensure the continued

development of the practice of chemistry in the Philippines.
SEC. 3. Definition of Terms. - The following terms used in this Act shall be defined
as follows:

(a) Chemistry. - Refers to the study, analysis, modification and calculations of physico-
chemical or biochemical properties of matter. Chemistry includes the atomic,
molecular, surface and supramolecular composition and structure of matter, properties
and reactions, the changes which matter undergoes, the energy involved, and the
conditions under~ “=h such changes occur. Biochemistry, which is defined as the
study of the chemical compounds and processes in biological organisms, is included
within the scope of chemistry for purposes of this Act.

(b) Registered Chemist. - Refers to any person who is engaged in the professional practice
of chemistry, as defined herein, who is duly registered with the Board of Chemistry
and the Professional Regulation Commission. A Registered Chemist shall have the

authority to undertake the professional practice of chemistry.
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1 (c) Registered Chemical Analyst. — Refers to any person who is engaged in the work of

2 chemical analysis, as defined herein, and who is duly registered with the Board of
E: Chemistry.
ki (d) Chemical Analysis. - Refers to a physico-chemical or biochemical technique which
5 includes the following, and related techniques:
6 (® use of methods, such as titration, gravimetric analysis, electrochemical
i measurements, spectroscopy, chromatography, and others;
8 Gi) preparation pf a sample for chemical analysis;
9 (iii) determination of the atomic, molecular, or supramolecular properties of a
10 substance;
it (iv) quantitative analysis of the components of a substance:
12 (v) determination of the molecular structure of a substance using the tools of
13 spectroscopy, mass spectrometry, x-ray crystallography, or other techniques;
14 (vi)separation or purification of a mixture into its components using techniques, such
15 as distillation, crystallization, solvent extraction, adsorption, size exclusion,
16 affinity, chromatography, and others;
17 (vii) other analytical methods which characterize matter at the atomic, molecular,
i8 or supramolecular level.
19 (e) Chemical Synthesis. —-Refers to the preparation of a compound or chemical entity
20 from its elements or from other compounds or chemical entities, by one or more
5) chemical reactions. Synthesis as defined here refers to both chemical synthesis, which
22 may use chemical catalysts, and biochemical synthesis, which uses enzymes and other
23 biological compounds to promote a reaction.
24 (£) Chemical Laboratory. — Refers to a facility where activities described in Sections 3(d)
aS and 3(e) are performed. Such activities carried out outside of 2 chemical laboratory,
26 for example, a factory, mobile laboratory, or field analysis, are also covered. The
27 head of a chemical laboratory should be a Registered Chemist.
28 SEC 4, Scope of the Professional Practice of Chemistry. - The professional

29 practice of chemistry covers the performance of a service related to the public interest, public
30 safety, legal or regulatory matiers. The following and similar activities shall be the functions
31 of the Registered Chemists:

32 (a) Performance ofa chemical analysis or chemical synthesis;

33 (b) Certification of a chemical analysis or chemical synthesis;

(6) inspection of a laboratory with respect to its chemical or bioche:
(d) Certification of a laboratory with respect to its chemical or bioche:

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cal activities;



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(©) Supervision ‘of a chemical laboratory;
(® Supervision of a chemical analysis or chemical synthesis, whether or not this is

performed in a laboratory:
ng of a professional chemistry subject in the

(g) Teaching, lecturing and review
curriculum of the Bachelor of Science in Chemistry degree or a subject in the
chemistry licensure examination given in any college, university, or training or review
center, or any other educational institution or certification body;

(h) Consultation or investigation, research conceming physico-chemical or biochemical
matters which involve the public interest, public safety, laws or regulations. For these
purposes, the Registered Chemist must affix one’s signature, license number and
official seal to any certification report which one submits;

(i) Sale of chemicals, chemical apparatus, or chemical equipment;

(i) Supervision of the sale of chemicals, chemical apparatus, or chemical equipment; and

(k) Functions related to the management of chemicals, such as chemical safety, chemical
waste management, pollution control, and the like.

The Chemistry Board, subject to the approval of the Commission, may revise, exclude
from or add to the above-enumerated acts or activities as the need arises to conform to the
latest trend in the practice of the profession.

SEC. 5. Scope of the Professional Practice of Chemical Analysis. - The scope of
the practice of chemical analysis shall be limited to the performance of physico-chemical or
biochemical analysis, chemical or biochemical synthesis, and sale of chemicals, chemical
apparatus, or chemical equipment, provided that such activities are under the supervision of a
registered chemist. Any report on chemical analysis or synthesis must be signed by the
chemical analyst who performed and who must duly affix one’s license number.

ARTICLE li
PROFESSIONAL REGULATORY BOARD OF CHEMISTRY

SEC. 6. Composition of the Board. - There is hereby created a Professional
Regulatory Board of Chemistry, hereinafter referred to as the Board, under the
administrative control and supervision of the Professional Regulation Commission,
hereinafter referred to as the Commission, which shall be composed of a Chairperson and two
(2) Members appointed by the President of the Philippines from a list of three (3)
recommendees for each position ranked by the Commission from a list of five (5) nominees
for each position submitted by the accredited professional organization (APO) of chemists.

SEC. 7. Powers and Duties of the Board. - The Board shall have the following

powers and duties:


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(a) Supervise and reguiate the prac:ice of the chemistry profession in the Philippines
in accordance with the provisions of this Act: .

() Determine the requirements and evaluate the qualifications of the applicants for
registration and renewal of license of registered chemists and registered chemical analysts:

(©) Prescribe the subjects in the licensure examination, determine the syllabi of the
subjects and their relative weights, construct the test questions in the examinations, and
submit the examination results to the Commission;

@ Issue, together with the Commission, certificates of registration to persons
admitted to the practice of the professions of Chemistry and Chemical Analysis:

(©) Oversee the conduct of the Continuing Professional Education (CPE) program for
the professional chemists and chemical analyst;

( Determine, in consultation with the accredited professional organization, private
industry, and relevant government agencies, the requirements of chemistry laboratories both
private and govemment, and other entities engaged in the practice of chemistry. for
registration or renewal of permit, and to issue, together with the Commission, the certificate
oF authority to operate to those which satisfy the said requirement;

() Conduct on-site inspection of chemistry laboratories and other entities engaged in
the practice of Chemistry and seek the assistance of the APO in order to carry out these
functions;

(t) Inquire into, the conditions affecting the practice of the profession and adopt
ce of high professional, ethical and techitical

measures for the enhancement and maintena
standards,

(i) Adopt and promulgate the Code of Ethics and Code of Good Governance for the
practice of Chemistry;

(j) Issue subpoena ad testificandum and subpoena duces tecum to secure the
attendance of witnesses or the production of documents in connection with any administrative
case before the Board; ©

(k) Hear and decide administrative cases filed against chemists, chemicaj analysts,
and the owners and administrators of chemical laboratories. The hearing shall be presided
over by the Chairperson or a Member of the Board with the assistance of an attorney of the
Commission. Any decision shal] be decided by a majority of the Board. The decision of the
Board may be appealed to the Commission within fifteen (15) days from notice, otherwise
such decision sball be final and executory;

(1) Administer oaths in connection with the performance of its functions:

(m) Adopt the implementing rules and regulations of this Act; and

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(n) Perform such other functions as may be necessary in order to implement the
provisions of this Act.

SEC. 8. Qualifications of the Chairperson and Members of the Board. - The
Chairperson and Members of the Board shall have the following qualifications:

(a) must be a citizen and resident of the Philippines;

(©) of good moral character and of sound mind;

(c) must be a holder of at least a Master's degree in Chemistry conferred by a
chemistry institution recognized by the Commission on Higher Education, or by a reputable
foreign university;

(d) must be a registered chemist who has been in active practice for at least ten (10)
years;

(e) must be a person who does not have any pecuniary interest, directly or indirectly,
in any higher educational institution conferring an academic degree necessary for admission
to the practice of chemistry or where review classes in preparation for the licensure
examination are being offered or conducted; nor shall one be a member of the faculty or
administration thereof:

() must be 2 member in good standing of the APO:

(g) must not be an officer or trustee of the APO; and

(&) not convicted by a court of competent jurisdiction of an offense involving moral
turpitude.

SEC. 9. Term of Office. — The Chairperson and Members of the Board shall hold
office for a term of three (3) years from the date of appointment or until their successors shall
shall have been appointed. They may be reappointed for another term of three (3) years
immediately after the expiry of their term: Provided, That their terms should not be more than
two (2) terms or not more than six (6) years, whichever is longer: Provided, further, That the
first Board under this Act shall hold these terms of office: the Chairperson for three (3)

years, the first member for two (2) years and the second member for one (1) year: Provided,

furthermore, That any appointee to a vacancy with an unexpired period shall only serve such
period. The Chairperson and the Members shall duly take their oath of office.

SEC. 10. Comp... .o of the Board. - The Chairperson and Members of the
Board shall receive such compensation and allowances comparable to that being received by
the Chairperson and Memibers of other professional regulatory boards under the Commission
as provided for in the General Appropriations Act.

SEC. 11. Custodian of Records, Secretariat and Support Services. ~ All records

of the Board, including applications for examinations, examination papers and results,

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igative cases involving

minutes of meetings, deliberations of administrative and other inves

the Board shall be kept by the Commission. The Commission shall designate the Secretary of

the Board and shall provide secretariat and other support services to impiement the provisions

of this Act.
SEC. 12. Grounds for Suspension or Removal of the Chairperson and Members.

- The President, upon the recommendation of the Commission after due process and
administrative investigation conducted by the Commission, may remove or suspend a
Chairperson or Member of the Board on any of the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of one’s duty;

(b) Violation of any of the causes/grounds and the prohibited acts provided in this Act
and the offenses in the Revised Penal Code, the Anti-Graft and Corrup: Practices Act, and
other laws; and

(©) Manipulation or rigging of the licensure examination results, or disclosure of

examination questions prio: to the conduct of the examination, or tampering of the grades.
c. 7 (8) of

‘The Commission, in the conduct of the investigation, shall be guided by
R.A. No, 8981 otherwise known as the PRC Modemization Act of 2000, the rules on
administrative investigation, and the applicable provisions of the New Rules of Court.

SEC. 13. Annual Report and Annual Meeting. - The Board shall submit an annual
report to the Commission after the close of each fiscal year giving a detailed account of the
proceedings of the Board during the year and embodying such recommendations to the
Commission as the Board may desire to make. At least once a year, the Board shall meet
with the APO, representatives of departments of chemistry in higher education institutions,
and Commission on -Higher Education (CHED) to discuss matters pertinent to the
professional practice of Chemistry.

ARTICLE Ii
AND REGISTRATION

LICENSURE EXAMINATIO?

SEC. 14. Certificate to Practice Chemistry and Chemical Analysis. - Unless

exempt from registration or not subject to the requirements of this Act, no person shall

practice or offer to practice as a Chemist or Chemical Analyst in the Philippines, without

having previously obtainca « certificate of registration from the Board and a Professional
Identification Card.

SEC. 15. Requirement for Registration as Chemist and Chemical Analyst. - All

applicants for registration for the practice of Chemistry and Chemical Analysis in the
cribed herein unless

Philippines shall be required to pass the licensure examination pre:

otherwise provided in this Act.


SEC. 16. Qualifications of Applicant for Chemist. - Any person applying for

following qualificatior

admission to the chemistry examination must have th
(a) must be a citizen and resident of the Philippines or a foreign citizen whose
country/state has reciprocity with the Philippines in the practice of chemistry:
(b) of good moral character and of sound mind;

iigher educational institution and a holder of a degree of

(c) must be a graduste of any
Bachelor of Science (BS) in Chemistry or an allied degree, the curricula of which are under
the academic supervision of the CHED: Provided That the applicant must have earned at

in chemistry which should include all of the professional

least sixty (60) university
chemistry courses: Provided, further, That the allied degree and its curriculum shall have
passed the evaluation of the Board of Chemistry. Graduates of reputable foreign universities
who have been conferred the degree of BS Chemistry or its equivalent, and whose curriculum
includes all of the professional chemistry courses, may apply to take the licensure
examination, subject to evaluation by the Board; and

(d) must not have been convicted of a crime or an offense involving moral turpitude
by a court of competent jurisdiction.

SEC. 17. Scope of Examination for Chemists. - The Chemistry licensure
examination shall cover the following professional chemistry subjects: Analytical Chemistry.
Organic Chemistry, Biochemistry, Inorganic Chemistry, and Physical Chemistry: Provided,
That the relative weight of any subject shall not exceed 30% or be less than 15% of the total.
The Board may modify the coverage of the Board examination as required by developments

in chemistry and the professional practice of chemistry. In such a case, the Board shall

¢ APO for chemistry. The Board must announce revisions in

consult with the CHED an
chemistry subjects and topics at least two years prior to their inclusion in the Board

examination.
SEC. 18. Qualifications of Applicant for Chemical Analyst. - To be authorized to

practice the profession of Chemical Analysis, an applicant must possess the following

qualifications:

ilippines, or @ citizen of a foreign country which grants

(a) must be a citizen of the Pi
the corresponding privilege to Filipinos:

(b) of good moral character and of sound mind: and

(c) must have successfully completed at least thirty (30) units of undergraduate
chemistry courses from an institution duly recognized by the CHED or Technical Education
and Skills Development Authority (TESDA). The courses should include both lecture and
eral Chemistry, Analytical Chemistry and

laboratory courses in the following subjects:


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Organic Chemistry. A certified true copy of the applicant's transcript of records must
‘accompany the application.

SEC. 19. Scope of Examination for Chemical Analyst. - The licensure examination
for Chemical Analyst shall cover practical aspects of laboratory work in the following
chemistry subjects with equal weights: Analytical Chemistry and Organic Chemistry, The
Board may modify the coverage of the Board examination as required by developments in
chemistry and the professional practice of Chemical Analysis, In such a case, the Board shall
consult with the CHED, TESDA and the APO for chemistry. The Board must announce
revisions in chemistry subjects and topics at least two years prior to their inclusion in the
Board examination.

SEC. 20. Holding of Examination. - Examination of candidates desiring to practice
Chemistry and Chemical Analysis in the Philippines shall be given at least once each
calendar year on the date(s) and venue(s) prescribed by the Commission in accordance with
RA. No. 8981

SEC, 21. Examination Fees. - Each applicant admitted to take the Chemistry
examination shall pay such fees as may be prescribed by the Commission before one is
allowed to take the examination.

SEC. 22. Ratings in the Licensure Examination. - The Board and the Commission
shall issue certificates of registration if the examinee attains the following ratings:

(a) Examination for Chemist: the examinee must obtain a general average of at least

seventy percent (70%) and no rating less than fifty percent (50%) in any subject:
Provided, however, That if the examinee passes any two subjects, the examinee
shall automatically qualify as a Chemical Analyst;

aminee must obtain an overall average

(b) Examination for Chemical Analyst: the
of at least seventy percent (70%) and no rating less than fifty percent (50%) in any
subject.

‘The results of the examination shall be released within ten (10) working days from the

last day of the examination.

SEC. 23. Exemption from Examination for Chemists. — Holders of a doctoral
degree in Chemistry from @ reputable university may apply for registration as chemists
without examination from the Board. They must submit a copy of their undergraduate and
graduate diplomas, transeripts, and cover pages of their Doctoral thesis: Provided, That such
individuals must show evidence that they have been active in the practice of Chemistry. The

Board may require presentation of the Doctoral thesis and other evidence of competence and

achievement in Chemistry


I

SEC. 24. Issuance of Temporary/Special Permit. - The Board may issue a Special
Permit 10 practice Chemistry to the following persons upon proper application with the
Board: :

(a) Foreign-based chemists, recognized as experis in their specific field of chemistry,
who are invited by the Republic of the Philippines for purposes of consultation or
for a specific project: Provided, That their practice shall be confined to such
work; and

(©) Foreign-based chemists, who have distinguished themselv’

in their respective
fields of specialization, contracted as professors or lecturers on chemistry subjects
by Philippine schools, colleges, institutes or universities on a direct hire or
exchange basis. The special permit shall indicate the period of validity but shall
not exceed three (3) years. It may be renewed subject to the rules and regulations
of the Board. Complaints or questions regarding such individuals may be directed
to the Board for verification or action.

SEC. 25. Professional Oath. - All persons to be admitted to the practice as
registered chemists and registered chemical analysts are required to take their oath before the
Board or any officer authorized by the Commission prior to the issuance of their Certificate
of Registration.

SEC. 26. Issuance of Certificate of Registration for Chemist and Chemical
Analyst. — A certificate of registration for a chemist and chemical analyst shall be issued by
the Board to examinees who have passed the relevant licensure examination subject to the
payment of fees prescribed by the Commission. The certificate of registration shall state the
full name of the registrant and the registration number, bear the signature of the Chairperson
of the Commission and the Chairperson and Members of the Board, and shall be
authenticated by the official seal of the Commission and the Board.

‘The certificate of registration shall remain in full force and effect unless suspended or
revoked under the provisions of this Act.

SEC, 27. Issuance of Professional Identification Card for Chemist and Chemical
Analyst. — A professional identification card for chemist shall be issued to holders of a valid
certificate of registratior - chemist, subject to the payment of fees prescribed by the
Commission. A professional identification card for chemical analyst shal] be issued to
holders of a valid certificate of registration for chemical analyst. The professional
identification card shall state the full name of the registrant and the registration number, bear
the signature of the chairpersons of the Commission and the Board, and shall be authenticated
by the official seal of the Commission and the Board. The professional identification card

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shall be valid for a period of three (3) years, subject to renewal: Provided, That the certificate
of registration shall not have been suspended or revoked under the provisions of this Act.

SEC. 28. Indication of Numbers: Certificate of Registration and Professional
Tax Receipt. — All registered chemists stiall be required to indicate the Certificate of
Registration (CR) and Professional Tax Receipt (PTR) Numbers, its date and place of
issuance and its expiration date.

SEC. 29. Revocation or Suspension of the Certificate of Registration and
Cancellation of Temporary/Special Permit. ~ The Board shall have the power, upon notice
and hearing, to revoke or suspend the certificate of registration of a registered chemist or 10
cancel a temporary/special permit granted to a foreign chemist, based on the following
grounds:

(a) Any act of misrepresentation, dishonesty, unethical conduct or gross incompetence
in connection with the performance of chemistry services as defined in this law or
any act inimical to the chemistry profession;

(b) Immorality or commission of any act involving moral turpitude;

(c) Conviction by final judgment of a court of competent jurisdiction of any criminal
offense; or

(d) Judicial declaration that the former is of unsound mind.

The Board may, for reason it may deem sufficient and upon proper petition, reissue
revoked certificates of registration or other certificates.

SEC. 30. Membership in the Accredited Professional Organization (APO). —
Registered Chemists and Chemical Analysts are required to maintain regular and associate
membership, respectively, in the APO. Membership in the APO shall not be a hindrance to
membership in other associations.

SEC. 31. Continuing Professional Education (CPE) Program. - The CPE program
guidelines for Chemistry and Chemical Analysis shall be prescribed and promulgated by the
Board, subject to the approval of the Commission. The Board shall create a CPE Council to
administer the CPE program. The CPE Council shall be composed of a chairperson coming
from the Board, a member from the APO and a member from the academe.

SEC. 32. Roster: “*emists and Chemical Analysts. - The Commission shall keep
a roster of all registered chemists and chemical analysts, stating their names, registration
numbers and places of business. The Commission shal] regularly update such roster and
make it available to all interested parties.

SEC. 33. Seal of Registered Chemist. - Each registered chemist shall, upon
tegistration, obtain a seal as prescribed by the Board with the label “Registered Chemist”

10


1 bearing the registrant’s name and registration number. All official documents or reports

which require the certification or signature of the registered chemist shall be stamped with the

personal seal of the registered chemist.
No foreign chemists and chemical analysts shall be

4 SEC. 34. Foreign Reciproci
5 allowed to take the licensure examination, issued a certificate of registration and professional
6 identification card, and allowed to practice chemistry and chemical analysis in the Philippines
7 or be entitled to any of the rights and privileges under this Act, unless the country such
8 foreign chemist or chemical analyst is a subject or citizen of specifically permits Filipino
9

chemists and chemical analysts to practice within its territorial limits on the same basis,

to Operate for Firms, Corporations, and

10 SEC, 35. Certificate of Author
11 Government Agencies. - Only firms, corporations, and government agencies duly authorized
12 by the Board and which hold a valid certificate may operate a chemical laboratory or engage
13 in the practice of chemistry or chemical analysis in the Philippines: Provided, That such
14 chemical practice is carried out only by registered Chemists or registered Chemical Analysts
15 holding valid certificates of registration and professional identification cards issued by the
16 Board. The person or officer who is charged with the management or administration of such
17 firm, corporation or government agency shall be held personally liable for violations of this
18 Act A
1s SEC. 36. Requirements for Certificate of Authority to Operate. -The Board, in
20 consultation with the relevant entities and the APO, shall set the requirements for the
21 issuance of the certificate of authority to operate a chemical laboratory or to engage in the
practice of chemistry or chemical analysis. Such requirements shall be issued as Board
resolutions.

SEC. 37. Roster of Chemical Laboratories and Related Entities. - The
25 Commission shall keep a roster of all chemical laboratories and entities engaged in the

26 practice of chemistry, including their business addresses and registration numbers. The

27 Commission shall regularly update such roster.

28 ARTICLE IV
29 : GENERAL PROVISIONS.
30 SEC. 38. Penal C -e for the Professional Practice of Chemistry and Chemical

31 Analysis. - No person shall undertake the professional practice of chemistry or chemical
32 analysis without a valid certificate of registration and professional identification card. This
33. includes any person who:

(a) Practises chemistry without a valid certificate of registration and/or a valid

e

professional identification card or a valid temporacy/special permit:

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(b) Attempts to use the certificate, license number or seal of another person or
impersonate any registered chemist or chemical analyst;

(c) Abets the illegal practice of chemistry by an unregistered or unauthorized person;

(d) Fumishes the Board or Commission any false information or document in order to
secure a certificate of registration; or

(¢) Impersonates a registered chemist or a holder of a special/temporary permit.

Upon conviction, @ violator shall be sentenced with a penalty of imprisonment for a
period of not less than one (1) month or not more than one (1) year, or a fine of not less than
one hundred thousand pesos (P100,000.00) or not more than one million pesos
(P1,000,000.00), or both, at the discretion of the court.

SEC. 39. Penal Clause for Chemical Laboratories and Related Firms. - No
chemical laboratory or firm shall undertake activities covered by this Act without a valid
authority to operate the same. The president or the highest ranking officer of the corporation
shall be held liable for violations of this Act. Upon conviction, these persons shall be
sentenced to a penalty of imprisonment for a period of not less than one (1) month or more
than one (1) year or a fine of not less than one hundred thousand pesos (P100,000.00) or
more than one million pesos (P1,000,000.00), or both, at the discretion of the court.

SEC. 40, Reports and Other Legal Documents. - Any document related to the
practice of chemistry shall not be considered as official or admissible for legal purposes
igned by a registered chemist and the chemist’s registration number

unless such document i
affixed thereto. A registered chemical analyst who performs a chemical analysis test in
conjunction with a test or task performed by a registered chemist shall likewise sign such
report or document and affix one’s registration number and official seal

SEC. 41. Coverage of Professional Practice. ~ A duly licensed professional chemist
cannot be prevented from the practice of chemistry if the work is within the scope of the
practice of chemistry or chemical analysis. Likewise, this Act shall not prevent the practice

of any legally recognized allied profession provided that the activity is within the scope of the
allied profession.

SEC. 42. Hazard Pay, Health and Accident Insurance, and Legal Assistance. —
Registered Chemists and R* ‘stered Chemical Analysts who are expesed to chemicals as part
of their regular responsibilities are entitled to hazard pay and insurance coverage
commensurate to the risk involved. Likewise, Registered Chemists and Registered Chemical
Analysts who face civil or criminal suits arising from chemistry work done in good faith are

entitled to legal assistance to be provided by the employer/laboratory for whom: the work was

ed.

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ARTICLE V
TRANSITORY PROVISIONS

SEC. 43, Term of Office of Incumbent Board. ~ The incumbent Chairperson and
Members of the Board at the time of approval of this Act shall automatically function and
hold office for another two (2) years from the date of effectivity of this Act or for the duration
of their current term, whichever is longer. The Board shall then promulgate the provisions,

rules and regulations for the implementation of this Act.
SEC. 44. Vested Rights: Automatic Registration of Chemists and Chemical

Analysts. — Ali chemists and chemical analysts who are registered under R.A. 754 at the time

of effectivity of this Act shal! automatically be considered registered and shall hold the same
registration number. The validity and period of the existing professional license shall
continue in force until its date of expiry.

SEC. 45. Preparation of seal of registered chemist. - Within three (3) years from
the date of effectivity of this Act, all duly registered chemists with a valid professional
license shall obtain an official seal prescribed by the board with the label “registered chemist”
bearing the chemist’s name and registration number. All official documents or reports which
require the certification or signature of the registered chemist shall be stamped with the
personal seal of the registered chemist.

SEC. 46. Grace Period. - There shall be a three G)-year grace period for all
individuals and institutions to comply with the provisions of this Act. The same grace period
shall be enjoyed by those who, on the date of the effectivity of this Act, are teaching
professional chemistry subjects during which time they must fulfill the following
requirements:

(a) Completion of at least sixty (60) units of Chemistry subjects in an undergraduate
degree course which must include all of the professional chemistry subjects. This may
include chemistry subjects taken before or after the date of effectivity of this Act;

(b) Must have been already teaching these subjects satisfactorily for at least three (3)
years on the date of effectivity of this Act;

(c) Satisfaction of all other reasonable requirements or criteria that the Board may set
to demonstrate one’s competence to teach such subjects; and

(A) Active participation in Continuing Professional Education (CPE) for chemistry.

After the three (3)-year grace period, such individuals must submit the certified true
copies of all of their relevant transcripts for evaluation. Those who are evaluated to have

fulfilled the requirements shall be issued a special permit to teach professional chemistry


&

Socwmia)danw

subjects. However, such permission to teach professional chemistry subjects shal! not be
construed as permission to practice chemistry.
ARTICLE VI
FINAL PROVISIONS
SEC. 47. Implementing Rules and Regulations. ~ The Board, subject to the
approval of the Commission, shall adopt and promulgate the Implementing Rules’ and
yhemistry, and other resolutions necessary

Regulations and Code of Ethics for the Practice of

to carry out the provisions of this Act.
SEC. 48, Appropriations. - The chairperson of the PRC shall immediately include

in the Commission’s programs the implementation of this Act, the funding of which shall be

included in the annual General Appropriations Act.
SEC. 49, Separability Clause. - If any section of this Act shall be declared

unconstitutional or invalid, such shall not invalidate any other section of this Act.
SEC. 50, Repealing Clause, ~ Republic Act No. 754 and all other laws, parts of
Jaws, orders, ordinances, or regulations in conflict with the provisions of this Act, are hereby

repealed.
SEC. 51. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazerte or in a newspaper of general circulation.

Approved,


6575
FACT SHEET

H.B. Nos. 401 and 2716 by Rep. Juan Edgardo M. Angara
H.B. No. 2665 by Rep. Florencio G. Noel
H.B. No. 2701 by Rep. Angelo B. Palmones

AN ACT
TO REGULATE AND MODERNIZE THE PRACTICE OF
CHEMISTRY IN THE PHILIPPINES, REPEALING FOR THE
PURPOSE R.A. 754
Committee Referral: COMMITTEE ON CIVIL SERVICE AND
PROFESSIONAL REGULATION (Primary)
Committee Chairperson: REP. ANDRES D. SALVACION, JR.
Committee Referral: COMMITTEE ON APPROPRIATIONS (Secondary)
Committee Chairperson: REP. JOSEPH EMILIO A. ABAYA
OBJECTIVES:

To emphasize the role of chemistry in national development by promoting
and protecting the interests of the chemistry profession

¢ To elevate the standards of the profession by strengthening the promotion,
regulation and measures for continued development in the field.

‘¢ To boost the country's aspirations towards global competitiveness by
repealing the outdated Chemistry Law of 1952.

KEY PROVISIONS:

© Updates the definition of Chemistry and the scope of the professional
practice of Chemistry.

Defines the practice of the Chemical Analyst

* Strengthens the professional practice of Chemistry for global
competitiveness and to bring it in line with international practice,
certification and standards

‘* Rationalizes the relationship between Chemistry and allied professions.

Strengthens the linkage between the training of Chemists and the
professional practice of Chemistry.

Strengthens the authority of the Board of Chemistry to supervise chemistry
laboratories ther entities which practice chemistry to ensure that the
minimum quality standards are maintained.

‘® Supports the requirement for Continuing Professional Education (CPE) for


the continuous training and intemational competitiveness of professional
chemists.

© Synchronizes the practice of Chemistry with the requirements and
Standards of the PRC Modernization Act of 2000 (RA 8961), as well as
national concems related to chemistry, such as toxic and hazardous and
nuclear wastes (RA 6969) and dangerous drugs (RA 9165).

RELATED LAW:

2 RANo. 754, The Chemistry Law of 1952