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

FIFTEENTH CONGRESS
First Regular Session

1
House Bill No,_2'70 +

ELO B. PALMONES

Explanatory note:

The Chemistry Law (R.A. 754) was promulgated on June 18, 1952. Because of the
significant changes brought about by the rapid developments in Chemistry, science and
technology, the rise of international standards, global competition, as well as concems for the
environment, climate change and sustainable development, there is an urgent need to
reformulate the Chemistry Law so that it will be more responsive to these modem
developments. Today, for example, sophisticated chemical design, synthesis and analyses are
required in a wide variety of applications, such as environment, water, food products,
pharmaceuticals, forensics, plastics and polymers, materials, and many others.

Chemistry has two important aspects: Chemistry as a scientific and academic endeavor, and
Chemistry as applied to public safety, public interest and the national economy. The
Chemistry Law should promote the former, but should regulate the latter. Specifically, the
proposed new Chemistry Law seeks to introduce the following important changes:

+ Update the definition of Chemistry and the scope of the professional practice of
Chemistry.

+ Define the practice of the Chemical Analyst.

+ Strengthen the professional practice of Chemistry for global competitiveness and to
bring it in line with international practice, certification and standards.

+ Rationalize the relationship between Chemistry and allied professions.

+ Strengthen the linkage between the training of Chemists and the professional
practice of Chemistry.

+ Strengthen the authority of the Board of Chemistry to supervise chemistry
laboratories and other entities which practice chemistry to ensure that the minimum
quality standards are maintained.

+ Support the requirement for Continuing Professional Education (CPE) for the
continuous training and international competitiveness of professional chemists.

+ Bring the practice of Chemistry in line with the PRC modernization act of 2000 (RA
8981), as well as national concems related chemistry, such as toxic and hazardous
and nuclear waste (RA 6969) and dangerous drugs (RA 9165).

HON. ANGELO B. PALMONES
Representative, AGHAM Partylist


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

FIFTEENTH CONGRESS
First Regular Session

2701
nose BILL No._2 704
AN ACT

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 as
1

z ARTICLE I.

3 TITLE, POLICY AND DEFINITIONS

4 SECTION 1. Title - This act shall be known as the “Chemistry Law of 2010.”

5 SEC. 2. Declaration of Policy. - Because Chemistry is vital to public safety, the

Gnational cconomy, and the protection of the environment, it is the policy of the State to
Tpromote, regulate and protect the professional practice of chemistry in the Philippines, and to
Sensure the continued development and high international standard of the practice of
9Chemistry in the Philippines.

10 SEC. 3. Definition of Terms. The following terms used in this Act shall be defined
Las follows:

12 (a) Chemistry. The study, characterization, analysis, modification and calculation of

13 physico-chemical or biochemical properties of matter. It includes the atomic,
4 molecular, surface and supramolecular composition and structure of matter,
1s properties and reactions, the changes which matter undergoes, the energy involved,
16 and the conditions under which such changes occur.

17 (b) Registered Chemist. Any person who is engaged in the professional practice of
18 chemistry, as defined herein, must be a Registered Chemist who shall be duly
19 registered with the Board of Chemistry and the Professional Regulation Commission.
20 A Registered Chemist shall have the authority to undertake the professional practice
21 of chemistry.

22 (©) Registered Chemical Analyst. Any person who is engaged in the work of chemical

23 analysis, as defined herein, shall be duly registered with the Board of Chemistry.

24 (@) “Chemical analysis” refers to a physico-chemical or biochemical technique which
25 includes the following, and related techniques:

26 (@® use of methods such as titration, gravimetric analysis, electrochemical
a7 ‘measurements, spectroscopy, chromatography, and others;

28 (i) preparation of a sample for chemical analysis;

29 (ii) determination of the atomic, molecular, or supramolecular properties of a

30 substance;


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(iv) quantitative analysis of the components of a substance;

(v) determination of the molecular structure of a substance using the tools of
spectroscopy, mass spectrometry, x-ray crystallography, or other techniques;

(vi) separation or purification of a mixture into its components using techniques, such
as distillation, crystallization, solvent extraction, adsorption, size exclusion,
affinity, chromatography, and others;

(vii) other analytical methods which characterize matter at the atomic, molecular, or
supramolecular level.

(e) “Chemical synthesis” shall mean the preparation of a compound or chemical entity
from its elements or from other compounds or chemical entities, by one or more
chemical reactions. Synthesis as defined here refers to both chemical synthesis, which
may use chemical catalysts, and biochemical synthesis, which uses enzymes and
other biological compounds to promote a reaction.

(f) “Chemical laboratory” shall mean a facility where activities described in Sections 3d
and 3e are performed. Such activities carried out outside of a chemical laboratory, for
example, a factory, mobile laboratory, or field analysis, are also covered. The head of
a chemical laboratory should be a Registered Chemist.

SEC. 4. Scope of the Professional Practice of Chemistry. The professional

19practice of chemistry covers the performance of a service related to the public interest, public

20safety, legal or regulatory matters. The following and similar activities shall be the functions

2lof the Registered Chemist:

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1, Performance of a chemical analysis or chemical synthesis;

2. Certification of a chemical analysis or chemical synthesis;

3. Inspection of a laboratory with respect to its chemical or biochemical activities;

4. Certification of a laboratory with respect to its chemical or biochemical activities;

5. Supervision of a chemical laboratory;

6. Supervision of a chemical analysis or chemical synthesis, whether or not this is
performed in a laboratory;

7. Teaching, lecturing and reviewing of a professional chemistry subject in the
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;

8. Consultation or investigation, research concerning physico-chemical or biochemical
matters which involve the public interest, public safety, laws or regulations, For
purposes of this Act, the Registered Chemist must affix his signature, license number
and official seal to any certification report which he/she submits;

9. Sale of chemicals, chemical apparatus, or chemical equipment;

10. Supervision of the sale of chemicals, chemical apparatus, or chemical equipment; and

11. Functions related to the management of chemicals, such as chemical safety, chemical

waste management, pollution control, and the like.


1 The Chemistry Board, subject to approval by the Commission, may revise, exclude
2from or add to the above-enumerated acts or activities as the need arises to conform to the
3latest trend in the practice of the profession.

4 SEC. 5. Scope of the Professional Practice of Chemical Analysis. The scope of the
Spractice of Chemical Analysis shall be limited to the performance of physico-chemical or
6biochemical analysis, chemical or biochemical synthesis, and sale of chemicals, chemical
Japparatus, or chemical equipment, provided that such activities are under the supervision of a
8Registered Chemist. The Chemical Analyst must affix his signature and license number to

9the report of a chemical analysis or synthesis which he has performed.

10

ne ARTICLE I

12 PROFESSIONAL REGULATORY BOARD OF CHEMISTRY

13 SEC. 6. Composition of the Board. - There is hereby created a Professional

14Regulatory Board of Chemistry, hereinafter referred to as the Board, which shall be
IScomposed of a Chairperson and two (2) Members under the administrative control and
L6supervision of the Professional Regulation Commission, hereinafter referred to as the
17Commission. They shall be appointed by the President of the Philippines from a list of three
18(3) recommendees for each position ranked by the Commission from a list of five (5)
19nominees for each position submitted by the accredited professional organization of
20Chemists.

21 SEC. 7. Powers and Duties of the Board. - The Board shall have the following
22powers and duties:

23 (a) To supervise and regulate the practice of the chemistry profession in the Philippines

24 in accordance with the provision of this Act;

25 (b) To determine the requirements and evaluate the qualifications of the applicants for
26 registration and renewal of license of Registered Chemists and Registered Chemical
27 Analysts;

28 (©) To prescribe the subjects in the licensure examination; determine the syllabi of the
29 subjects and their relative weights; construct the test questions in the examinations;
30 and submit the examination results to the Commission;

31 (d) To issue, together with the Commission, Certificates of Registration to persons

32 admitted to the practice of the professions of Chemistry and Chemical Analysis;

33. (e) To oversee the conduct of the Continuing Professional Education (CPE) program for
34 the professional Chemists and Chemical Analysts;

35 (f) To determine, in consultation with the APO, private industry, and relevant
36 government agencies, the requirements of chemistry laboratories, both private and
37 government, and other entities engaged in the practice of Chemistry for registration or
38 renewal of permit, and to issue, together with the Commission, the Certificate of

39 Authority to Operate to those which satisfy the said requirements;


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(g) The Board may conduct on-site inspection of chemistry laboratories and other entities
engaged in the practice of Chemistry, and may seek the assistance of the APO in
order to carry out these functions;

(h) To inquire into the conditions affecting the practice of the profession and adopt
measures for the enhancement and maintenance of high professional, ethical and
technical standards.

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

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

(k) To hear and decide administrative cases filed against chemists, chemical 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 should be concurred in 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 shall be final and executory;

(1) To administer oaths in connection with the performance of its function;

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

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

SEC.

. Qualification of the Board Chairperson and Members. - The Chairperson

23and Members of the Board shall have the following qualifications:

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(a) A citizen and resident of the Philippines;

(b) Of good moral character and of sound mind;

(c) 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) A Registered Chemist who has been in active practice for at least ten (10) years;

(e) 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 should he be a member of the faculty or
administration thereof;

(® A member in good standing of the APO;

(g) Not an officer or trustee of the APO; and

(h) Not convicted by a court of competent jurisdiction of an offense involving moral
turpitude.

SEC. 9. Term of Office. - The Chairperson and Member of the Board shall hold

40office for a term of three (3) years from the date of appointment or until their successors shall


Ihave qualified and shall have been appointed. They may be reappointed for another term of
2three (3) years immediately after the expiry of their term; provided, not more than two (2)
3terms or not more than six (6) years, whichever is longer; further the first board under this
4Act shall hold these terms of office: The Chairperson for three (3) years, the first member
Sfor two (2) years and the second member for one (1); provided furthermore, any appointee to
6a vacancy with an unexpired period shall only serve such period. The Chairperson and the
‘TMembers shall duly take their oath of office.

8 SEC. 10, Compensation of the Board. - The Chairperson and Members of the Board
9shall receive such compensation and allowances comparable to that being received by the
10Chairperson and Members of other professional regulatory boards under the Commission as
provided for in the General Appropriations Act.
12 SEC. L1. Custodian of Records, Secretariat and Support. — All records of the
13Board, including applications for examinations, examination papers and results, minutes of
14meetings, deliberations of administrative and other investigative cases involving the Board
1Sshall be kept by the Commission. The Commission shall designate the Secretary of the
16Board and shall provide secretariat and other support services to implement the provisions of
17this Act.

18 SEC. 12. Grounds for Suspension or Removal of the Chairperson or Member. -
19The President, upon the recommendation of the Commission after due process and
20administrative investigation conducted by the Commission, may remove or suspend a

21Chairperson or Member of the Board on any of the following grounds:

22 (a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty;

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

26 (c) Manipulation or rigging of the licensure examination results, or disclosure of
27 examination questions prior to the conduct of the examination, or tampering of the
28 grades;

29 ‘The Commission, in the conduct of the investigation, shall be guided by Sec. 7 (s) of

30R.A. No, 8981, the rules on administrative investigation, and the applicable provisions of the
31New Rules of Court.

32 SEC. 13. Annual Report and Annual Meeting. - The Board shall submit an annual
33report to the Commission after the close of each fiscal year giving a detailed account of the
34proceedings of the Board during the year and embodying such recommendations to the
35Commission as the Board may desire to make. At least once a year, the Board shall meet
36with the APO, representatives of departments of chemistry in higher education institutions,
37and Commission on Higher Education (CHED) to discuss matters pertinent to the
38professional practice of Chemistry.

39
40 ARTICLE IT


1 LICENSURE EXAMINATION AND REGISTRATION,
2 SEC. 14, Certificate to Practice Chemistry and Chemical Analysis. Unless

3exempt from registration or not subject to the requirements of this Act, no person shall
4practice or offer to practice as a Chemist or Chemical Analyst in the Philippines, without
Shaving previously obtained a Certificate of Registration from the Board and Professional
6ldentification Card.

7 SEC. 15, Requirement for Registration as Chemist and Chemical Analyst. - All
8applicants for registration for the practice of Chemistry and Chemical Analysis in the
9Philippines shall be required to pass the licensure examination prescribed herein unless
10otherwise provided in this Act.

ul SEC. 16. Qualifications of Applicant for Examination. - Any person applying for
12admission to the chemistry examination must have the following qualifications:

13 (a) He/she is a citizen and resident of the Philippines or a foreign citizen whose
14 country/state has reciprocity with the Philippines in the practice of chemistry;

15 (b) He/she is of good moral character and of sound mind;

16(c) He/she is a graduate of any higher educational institution with the degree of BS
17Chemistry or an allied degree, with at least sixty (60) university units in chemistry, which
18should include all of the professional chemistry courses. Provided further, that the allied
19degree and its curriculum are under the same academic supervision by CHED as the BS
20Chemistry program, and that it is subject to evaluation by the Board of Chemistry. Graduates
2lof reputable foreign universities who have been conferred the degree of BS Chemistry, or its
22equivalent, and whose curriculum includes all of the professional chemistry courses, may
23apply to take the licensure examination, subject to evaluation by the Board.

24 (d) __ He/she has not been convicted of a crime or an offense involving moral turpitude
25 by acourt of competent jurisdiction.

26 SEC. 17. Scope of Examination for Chemists. - The chemistry licensure
2Texamination shall cover the following professional chemistry subjects: Analytical Chemistry,
28Organic Chemistry, Biochemistry, Inorganic Chemistry, and Physical Chemistry. Provided,
29that the relative weight of any subject shall not exceed 30% or be less than 15% of the total.
30The Board may modify the coverage of the Board Examination as required by developments
31in chemistry and the professional practice of chemistry. In such a case, the Board shall
32consult with the CHED and the APO for chemistry. The Board must announce revisions in
33chemistry subjects and topics at least two years prior to their inclusion in the Board
34examination.

35 SEC. 18, Qualifications for Chemical Analyst. - Any person applying for the
36professional practice of Chemical Analyst must have the following qualifications:

37 (@) He/she is a citizen of the Philippines, or a citizen of a foreign country which grants the
38 corresponding privilege to Filipinos:

39 (b) He/she is of good moral character and of sound mind; and


1 (© Successfully completed at least thirty (30) units of undergraduate chemistry courses

2 from an institution duly recognized by the CHED or TESDA. The courses should
3 include both lecture and laboratory courses in the following subjects: General
4 Chemistry, Analytical Chemistry and Organic Chemistry. The applicant should
5 submit a certified true copy of his transcript.

6 SEC. 19. Scope of Examination for Chemical Analyst. - The licensure examination

Tfor Chemical Analyst shall cover practical aspects of laboratory work in the following
Schemistry subjects with equal weights: Analytical Chemistry and Organic Chemistry. The
9Board may modify the coverage of the Board Examination as required by developments in
10chemistry and the professional practice of Chemical Analysis. In such a case, the Board shall
I1consult with the CHED, TESDA and the APO for chemistry. The Board must announce
12revisions in chemistry subjects and topics at least two years prior to their inclusion in the
13Board examination.
4 SEC. 20. Holding of Examination. - Examination of candidates desiring to practice
1SChemistry and Chemical Analysis in the Philippines shall be given at least once each
16calendar year on the date(s) and venue(s) prescribed by the Commission in accordance with
17R.A. 8291,
18 SEC. 21. Examination Fees. - Each applicant admitted to take the Chemistry
19examination shall pay such fees as may be prescribed by the Commission before he/she is
20allowed to take the examination.
21 SEC. 22. Ratings in the Licensure Examination. - The Board and the Commission
22shall issue Certificates of Registration if the examinee attains the following ratings:
23 (a) Examination for Chemist: the examinee must obtain a general average of at least

24 seventy percent (70%) and no rating less than fifty percent (50%) in any subject.
25 Provided however, if the examinee passes any two subjects, he/she shall automatically
26 qualify as a Chemical Analyst;

27 (b) Examination for Chemical Analyst: the examinee must obtain an overall average of at
28 least seventy percent (70%) and no rating less than fifty percent (50%) in any subject.
29 The results of the examination shall be released within 10 working days from the last
30 day of the examination

31 SEC. 23. Exemption from Examination for Chemists. — Holders of a doctoral

32degree in Chemistry from a reputable university may apply for registration as Chemist
33without examination from the Board. They must submit a copy of their undergraduate and
34graduate diplomas, transcripts, and cover pages of their Doctoral thesis. Provided further, that
35such individuals must show evidence that they have been active in the practice of Chemistry.
36The Board may require presentation of the Doctoral thesis and other evidences of
37competence and achievement in Chemistry.

38 SEC. 24, Issuance of Temporary/Special Permit. - The Board may issue a Special
39Permit to practice Chemistry to the following persons upon proper application with the
40Board:


1 (a) Foreign-based chemists, recognized as experts in their specific field of chemistry,
called in by the Republic of the Philippines for consultation or for a specific project,
provided, that their practice shall be confined to such work; and

(b) Foreign-based chemists, who have distinguished themselves in their respective fields

of specialization, contracted as a professor or lecturer on chemistry subjects by

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6 Philippine schools, colleges, institutes or universities on a direct hire or exchange
7 basis. The Special Permit shall indicate the period of validity, provided that such
8 period shall not exceed three (3) years. It may be renewed subject to the rules and
9 regulations of the Board. Complaints or questions regarding such individuals may be
0 directed to the Board for verification or action.

mT SEC. 25, Professional Oath. — All persons to be admitted as Registered Chemist
I2and Registered Chemical Analyst are required to take their oath before the Board or any
13officer authorized by the Commission prior to the issuance of their Certificate of
14Registration.

15 SEC. 26. Issuance of Certificate of Registration for Chemist and Chemical
16Analyst. — A Certificate of Registration for Chemist and Chemical Analyst shall be issued by
17the Board to examinees that satisfy the requirements of the relevant licensure examination
18subject to the payment of fees prescribed by the Commission. The Certificate of Registration
19shall state the full name of the registrant and his registration number, and bear the signature
20of the Chairperson of the Commission and the Chairperson and Members of the Board,
2lauthenticated by the official seal of the Commission and the Board. The Certificate of
22Registration shall remain in full force and effect unless suspended or revoked under the
23provisions of this Act.

24 SEC. 27. Issuance of Professional Identification Card for Chemist and Chemical
25Analyst. — A Professional Identification for Chemist shall be issued to holders of a valid
26Certificate of Registration for Chemist, subject to the payment of fees prescribed by the
27Commission, A Professional Identification for Chemical Analyst shall be issued to holders of
28a valid Certificate of Registration for Chemical Analyst. The Professional Identification shall
29state the full name of the registrant and his registration number, and bear the signature of the
30Chairpersons of the Commission and the Board, authenticated by the official seal of the
31Commission and the Board. The Professional Identification shall be valid for a period of
32three (3) years, subject to renewal, provided that the Certificate of Registration shall not have
33been suspended or revoked under the provisions of this Act.

34 SEC. 28. Indication of Numbers: Certificate of Registration and Professional
35Tax Receipt, - The Chemist shall be required to indicate his/her Certification of Registration
36(CR) and Professional tax Receipt (PTR) Numbers its date and place of issuance and its
37expiry.

38 SEC. 29. Revocation or Suspension of the Certificate of Registration and
39Cancellation of Temporary/Special Permit. - The Board shall have the power, upon notice

40of hearing, to revoke or suspend the certificate of registration of a Registered Chemist or to


Icancel a temporary/special permit granted to foreign chemist, for violation of any of the

2following 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) Gross immorality or commission of any act involving moral turpitude;

(©) Any person who has been convicted by final judgment of a court of competent
jurisdiction of any criminal offense; or

(a) Any person who has been judicially declared to be of unsound mind, The Board may,

Sowmraanuann

J
ue Certificates of Registration or other certificates.

12 SEC, 30. Membership in the Accredited Professional Organization ( APO). —
13Registered Chemists and Chemical Analysts are required to maintain regular and associate

for reason it may deem sufficient and upon proper petition, reissue revoked

14membership, respectively, in the APO. Membership in the APO shall not be a hindrance to
15membership in other associations.

16 SEC. 31. Continuing Professional Education (CPE) Program. - The CPE program
I7guidelines for Chemistry and Chemical Analysis shall be prescribed and promulgated by the
18Board, subject to the approval of the Commission. The Board shall create a CPE Council to
19administer the CPE program. The CPE Council shall be composed of a Chairperson coming
20from the Board, a member from the APO and a member from the academe.

21 SEC. 32. Roster of Chemists and Chemical Analysts. - The Commission shall keep
22a roster of all registered Chemists and Chemical Analysts, stating their names, registration
23numbers and places of business. The Commission shall regularly update such roster and
24make it available to all interested parties.

25 SEC. 33. Seal of Registered Chemist. ~ Each registered Chemist shall, upon
26registration, obtain a seal as prescribed by the Board with the label “Registered Chemist”
27Tbearing the registrant’s name and registration number. All official documents or reports
28which require the certification or signature of the registered Chemist shall be stamped with
29the personal seal of the registered chemist.

30 SEC, 34. Foreign Reciprocity. — A foreign citizen may be allowed to take the
3llicensure examination and may be given a certificate of registration and professional
32identification card if he/she can prove that by specific provisions of law the country or state
330f which he/she is a citizen allows Filipino Chemist to practice his/her profession in their
34country.

35 SEC. 35. Certificate of Authority to Operate for Firms, Corporations, and
36Government Agencies. - Only firms, corporations, and government agencies which hold a
37Certificate of Authority to Operate from the Board may operate a chemical laboratory or
38engage in the practice of Chemistry or Chemical Analysis in the Philippines; provided further
39that such chemical practice is carried out only by registered Chemists or Chemical Analysts
40holding valid Certificates of Registration and Professional Identification issued by the Board.


In case of a firm, corporation, or government agency, the person who has charge of the
2management or administration shall be held personally liable for violations of this Act.

3 SEC. 36. Requirements for Certificate of Authority to Operate. ~ The Board, in
4consultation with the relevant entities and the APO, shall set the requirements for the
SCertificate of Authority to Operate. Such requirements shall be issued as Board resolutions.

6 SEC. 37. Roster of Chemical Laboratories and Related Entities. - The
7Commission shall keep a roster of all chemical laboratories and entities engaged in the
Spractice of chemistry, stating their names, registration numbers and places of business. The

9Commission shall regularly update such roster.

10

M1 ARTICLE IV

12 GENERAL PROVISIONS

13 SEC. 38. Penal Clause for the Professional Practice of Chemistry and Chemical

14Analysis. - No person shall undertake the professional practice of Chemistry or Chemical
15Analysis without a valid Certificate of Registration and Professional Identification. This
16includes any person who:

17 (@) Practices chemistry without a valid certificate of registration and/or a valid
18 professional identification card or a valid temporary/special permit

19 (b) Attempts to use as his own the certificate, license number or seal of another person or
20 impersonate any registered Chemist or Chemical Analyst;

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

22 (@) Fumishes the Board or Commission any false information or document in order to
2B secure a Certificate of Registration; or

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

25 Upon conviction, these persons shall be sentenced to a penalty of imprisonment for a
26period of not less than one (1) month or not more than one (1) year, or a fine of not less than
27one hundred thousand pesos (P100,000) or not more than one million pesos (P1,000,000), or
28both, at the discretion of the court.

29 SEC. 39. Penal Clause for Chemical Laboratories and Related Firms. - No
30chemical laboratory or firm shall undertake activities covered by this Act without a valid
31Certificate of Authority to Operate. The president or the highest ranking officer of the
32corporation shall be held liable for violations of this Act. Upon conviction, these persons
33shall be sentenced to a penalty of imprisonment for a period of not less than one (1) month or
34more than one (1) year or a fine of not less than one hundred thousand pesos (P100,000) or
3Smore than one million pesos (P 1,000,000), or both, at the discretion of the court.

36 SEC. 40. Reports and Other Legal Documents. - Any document related to the
37practice of chemistry shall not be considered as official or admissible for legal purposes
38unless such document is signed by a registered Chemist, and registration number affixed
39thereto. Registered Chemical Analysts who contribute to the work should also sign such
40reports or documents, affix his registration number and official seal.


1 SEC. 41, Coverage of Professional Practice. — A duly licensed professional chemist
2cannot be prevented from the practice of chemistry if the work is within the scope of the
3practice of chemistry or chemical analysis. Likewise, this Act does not prevent the practice
4of any legally recognized allied profession provided that the activity is within the scope of
Sthe allied profession.

6 SEC. 42. Hazard Pay, Health and Accident Insurance, and Legal Assistance -
TRegistered Chemists and Registered Chemical Analysts who are exposed to chemicals as part
Sof their regular responsibilities are entitled to hazard pay and insurance commensurate to the
Srisk involved. Likewise, Registered Chemists and Registered Chemical Analysts who face
10civil 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 performed.
12

13 ARTICLE V.
14 TRANSITORY PROVISIONS
15 SEC. 43. Term of Office of Incumbent Board. — The incumbent Chairperson and

16Members of the. Board at the time of approval of this Act shall automatically function and
I7hold office for another two (2) years from the date of effectivity of this Act or for the
18remaining duration of their current term, whichever is longer. The Board shall then
19promulgate the provisions, rules and regulations for the implementation of this Act.

20 SEC. 44, Vested Rights: Automatic Registration of Chemists and Chemical
21 Technicians. — All Chemists and Chemical Technicians who are registered under R.A. 754 at
22the time of effectivity of this Act shall automatically be considered registered, and shall hold
23the same registration number. The validity and period of the existing professional license
24shall continue in force until its date of expiry.

25 SEC, 45. Preparation of Seal of Registered Chemist. — Within three (3) years of
2Gthe date of effectivity of this Act, all duly registered Chemists with a valid professional
27license shall obtain an official seal prescribed by the Board with the label “Registered
28Chemist” bearing the chemist’s name and registration number. Within three years, all official
29documents or reports which require the certification or signature of the registered chemist
30shall be stamped with the personal seal of the registered Chemist.

31 SEC. 46. Grace Period. — There shall be a three (3) year grace period for all
32individuals and institutions to comply with the provisions of this Act. For those who are
33teaching professional chemistry subjects on the date of effectivity of this Act, there shall be a
34three year grace period by which time he/she must fulfill the following requirements:

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

38 (b) Must have been already teaching these subjects satisfactorily for at least three (3)

39 years on the date of effectivity of this Act;


1 (©) Has satisfied other reasonable requirements or criteria that the Board may set to
demonstrate his competence to teach such subjects; and
(4) Actively participate in 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

2
3

4

5

6 shall be issued a Special Permit to teach professional chemistry subjects, Such

7 permission to teach professional chemistry subjects shall be limited only to this

8 privilege and shall not be construed as permission to practice chemistry.

9

0 ARTICLE VI

mm FINAL PROVISIONS

12 SEC. 47. Implementing Rules and Regulations. ~ Subject to the approval of the
13Commission, the Board shall adopt and promulgate the Implementing Rules and Regulations
Idand Code of Ethics for the Practice of Chemistry, and other resolutions necessary to carry out
1Sthe provisions of this Act.

16 SEC. 48. Appropriations. — The amount necessary for the implementation of this
17Act shall be included in the General Appropriations Act of the year following its enactment
18and thereafter.

19 SEC. 49. Separability Clause. - If any section of this Act shall be declared
20unconstitutional or invalid, such shall not invalidate any other section of this Act.

21 SEC. 50. Repealing Clause. ~ Republic Act No. 754 and all other laws, parts of
22laws, orders, ordinances, or regulations in conflict with the provisions of this Act, are hereby
23repealed.

24 SEC. 51. Effectivity. — This Act shall take effect fifteen (15) days following its
2Spublication in the Official Gazette or any major newspaper of general circulation.

26

27 Approved,