TWENTIETH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

5
HOUSE BILLNo.__©94

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA Il

AN ACT
CREATING THE PHILIPPINE MEDICAL ACCREDITATION COUNCIL (PMAC)
TO MANAGE MEDICAL RESIDENCY TRAINING PROGRAMS IN THE
PHILIPPINES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1243

EXPLANATORY NOTE

This bill seeks to rationalize the Philippine medical residency training program in
the country, and address the poor working conditions and safeguard the welfare of our
medical residents by the establishment of the Philippine Medical Accreditation Council
(PMAC), as an attached agency of the Department of Health. This is 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. The standardization of the training
curriculum for the Medical Residency Programs, to be at par with international
standards, is also being sought.

The bill also aims to guarantee the salary and other benefits of residents who
choose to work in govemment hospitals. Guidelines for the professional conduct of
medical residents are 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.

Enhancing the Program and standardizing the working conditions of our medical
residents will help strengthen the health workforce in the country through more entrants
in the medical residency training program and to produce more competent medical
specialists with the heart to serve and save the lives of the Filipino people.

The approval of this bill is earnestly sought.

REP. IERCADO-REVILLA
epresentative
2m District of Cavite


REP. eanono REVILLA Ill REP. BRYAN B. REVILLA
Representative Representative
18 District of Cavite AGIMAT Partylist


TWENTIETH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

HOUSE BILL No. _ 294

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA III

AN ACT CREATING THE PHILIPPINE MEDICAL ACCREDITATION COUNCIL (PMAC)
TO MANAGE MEDICAL RESIDENCY TRAINING PROGRAMS IN THE
PHILIPPINES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1243

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 declared 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.
a. DOH — Department of Health
b. DOLE — Department of Labor and Employment
c. Foreign graduate of medicine — a graduate of Doctor of medicine who eamed
hisiher 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
known as 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 create policies that will promote humane 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, and to accredit medical residency training
programs and designate medical training hospitals, amending for this purpose Section
4 of Republic Act No. 1243.

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
subspecialties;

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

c. Accredit medical residency training programs for all specialty
and subspeciatties;

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;


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;

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

Receive and act on complaints of medical residents as well as complaints of
patients against medical residents;

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

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

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:

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.

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, a period of one year shalll be given to allow time for
the transfer of accreditation from the different specialty and subspecialty societies to
the Committee on Accreditation of the PMAC.

SECTION 8. 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 shalll 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.
b.
c.

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

The PMAC may set such other qualifications as it may deem fit.

SECTION 10. General Conditions for the Medical Residency Training of
Physicians who are Foreign Medical Graduates. — The following general

conditions shall be applied to physicians who are graduates of foreign medical schools

who intends to undergo medical residency training in the Philippines:

a.

Accredited residency training programs shall be allowed to accept foreign
medical graduates in cases wherein no Filipino physicians are applying for the
same vacancy. Filipino physicians shall be given the first priority in filling up
vacancy for medical residents;

Physicians who are graduates of Foreign medical schools shall secure
clearance from PMAC as part of the requirements for application to any
accredited residency training program in the Philippines;

Foreign physicians who are graduates of foreign medical schools 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 physician from a CHED-
accredited state university or tertiary education institution located in the locality
where the foreign physician intends to undergo residency training, before the
PMAC may issue a clearance to him/her.

The foreign physician applying for residency in the Philippines 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.

The foreign physician applying for residency in the Philippines who has
complied with all the herein requirements for such residency training applied
for shall be issued PMAC Clearance and Temporary Training Permit, which is
equivalent to, and in lieu of, the TTT being issued by the PRC under existing
laws and regulations.


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

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

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

c. Medical residents shall perform only functions that are related to his/her
residency training. Superiors are forbidden from ordering errands that are not
related 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;

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

e. 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.

f. Medical residents shall be treated equally. No medical resident shall be
discriminated upon 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 shit differential pay for services rendered
beyond eight (8) hours, and hours of duty beyond 10:00 pm 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;


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;

Since medical residents are still on training, they shall not receive any form of

payment from their patient;

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.

Medical residents shall always treat his/her superiors, subordinates, coworkers

and patient's relatives with utmost respect;

Medical residents shall observe the Generics Act of 1988 and Cheaper and

Quality Medicines Act of 2008;

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 shalll observe all the provisions of Section 11,
which pertain to the working conditions of medical residents;

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 against an accredited training institution, 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 shalll issue the a decision or resolution
of the complaint within the period as may be provided in the implementing rules.

SECTION 16. Violations. — Any accredited training institution, and/or their medical
residents, found to have violated any of the provisions of this Act shall be meted with
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 shail not be given a certificate of completion
of residency training by the PMAC and shail 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 as 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 for the funds needed in 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 within fifteen (15) days
after publication in the Official Gazette, or in one (1) newspaper of general circulation

in the Philippines.

Approved,