REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

4750

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO

EXPLANATORY NOTE,

On June 21, 1969, Republic Act 5680, “An Act Creating the Board for Physical Therapists and
Occupational Therapists” was approved. Unlike all other regulatory acts that enforce the laws on one

profession, Republic Act 5680 was created to regulate two different allied health profe

ions, Physical

therapy and Occupational therapy. Since then, said act had never been amended to respond to current

global trend and national development,

Physical therapy is a separate and distinct profession from Occupational Therapy by definition, scope of

practice and educational requirements. Physical therapy has its own professional association, the

Philippine Physical ‘Therapy Association (PPTA) which is duly accredited by the Professional Regulation

Commission (PRC) and duly-registered with the Securities and Exchange Commission (SEC). The
association is well recognized as a member of the World Confederation of Physical Therapists and Asian
Confederation for Physical ‘Therapy. Likewise, Occupational Therapy has a separate and distinct

professional association, the Occupational Therapy Association of the Philippines, Inc. (OTAP) which is

duly accredited by the PRC and duly registered by the SEC, and well recognized and accepted as a

member of the World Federation of Occupational Therapists (WFOT) since 1908.

In the event of the approval of the General Agreement of Trade in Services (GATS) and its
implementation in the ASEAN region, in so far as the business service sector which includes professional
services is concerned, the already marketable Filipino physical therapists and occupational therapists will
be further catapulted to overseas employment. Global demand tempered by national and regional
economic constraints, new immigration laws and international competition is fast requiring more quality
in health care professionals, including physical therapists and occupational therapists. It then becomes
imperative to align regulatory functions, such as professional standards and competencies, among
physical therapists only and separate them only from those for occupational therapis

Thus, this bill seeks the amendment of R.A. 5680 for the purpose of upgrading and updating the
competence, knowledge, skills and attitudes of the Filipino occupational therapists and physical therapists
to make them globally competitive and nationally accessible to the disabled population of the Philippines.
It is for these reasons that the approval of this bill is earnestly sought.

Bey

“ARY C] ALEJANO,
Mgedfalo Para sa Pilipino Party-List



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 4750

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
REGULATING THE REGISTRATION, LICENSURE, AND PRACTICE OF
OCCUPATIONAL THERAPY, PROVIDING FUNDS THEREFOR AND FOR OTHER
RELATED PURPOSES

SEC. 1. Short Title of Act. ~ This Act shall be known as “The Philippine Occupational Therapy
Law of 2017”.

SEC. 2, Starement of Policy, ~ The State recognizes the importance of occupational therapists in

nation building, Hence, it shall develop and nurture competent, virtuous, productive and well-rounded
occupational therapists whose standards of practice and service shall be excellent, world class and

jolable, honest, effective and credible licensure examinations and

globally competitive through

through regulatory measures, programs and activities that foster their continuing professional growth.

SEC. 3. Definition of Terms. ~ As used in this Act, the following terms shall mean:

a.) Occupational therapy - is a client-centered health profession concerned with promoting health

and well-being through occupation. The primary goal of occupational therapy is to enable

people to participate in the activities of everyday life. Occupational therapists achieve this
outcome by working with people and communities to enhance their ability to engage in the
‘occupations they want to, need to, or are expected to do, or by modifying the occupation or

the en

nment to better support their occupational engagement.

b.) The Scope and Nature of the Practice of Occupational Therapy — shall embrace, but is not
limited to, the analysis and application of purposeful and meaningful activities need to, or are
expected to do, or by modifying the occupation or the environment to better support their

occupational engagement.

c.) The Scope and Nature of the Practice of Occupational Therapy ~ shall embrace, but is not
limited to, the analysis and application of purposeful and meaningful activities specifically
directed to occupational performance in the areas of self-care, work, play, and leisure.
Reference to occupation is in the context of the individual’s goal-directed use of time, energy,
interest, and attention. Upon referral, occupational therapists interpret and intervene or

address problems impeding functional or adaptive performance. The purpose is to prevent


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limitations in participation, and to promote, maintain, or restore occupational performance,
health, and psychosocial wellbeing. Occupational therapy may be part of the health and/or

social services in hospitals, community settings such as residential, vocational, and leisure

centers, schools, day programs, private agencies, the academe, clinics, the work place and

other organizations which provide preventive or health promotive services.

4.) Occupational Therapist ~ refers to a person who is a holder of a valid registration and
professional license issued by the Board of Occupational Therapy and the Professional
Regulation Commission, and who is legally qualified to practice occupational therapy in the

Philippines pursuant to this Act,

ARTICLE IL
CREATION OF THE PROFESSIONAL REGULATORY
BOARD OF OCCUPATIONAL THERAPY

C. 4. Creation and Composition of the Board. ~ Vhere is hereby created a Board of

Occupational Therapy, hereafter referred to as the Board, under the administrative supervision of the
Professional Regulation Commission, hereinafter referred to as the Commission, composed of a
chairperson and two (2) members appointed by the President of the Philippines within six (6) months
from the enactment of this Act upon the recommendation of the Commission from among occupational
therapists of recognized standing nominated by the accredited and integrated professional organization of

‘occupational therapists

SEC. 5. Powers and Functions of the Board. ~ The Board shall have the following powers and

functions:

a.) Promulgate, administer, and enforce rules and regulations necessary for carrying out the
provisions of this Act;

b.) Supervise and regulate the registration, licensure and practice of occupational therapy in the
Philippines;

¢.) Administer oaths in connection with the administration of this Act;

4d.) Adopt an official seal of the Board;

¢.) Maintain a roster of occupational therapists indicating therein the basic information about the

registered professionals;

f.) Issue, reinstate, suspend, cancel or revoke the registration and license, or special permits for
the practice of occupational therapy;

8.) Study and monitor conditions affecting the practice of occupational therapy and adopt such
measures as may be deemed necessary for the enhancement of the profession and

maintenance of high professional and ethical standards;


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h.) Ensure, in collaboration with the Commission on Higher Education (CHED) or its equivalent,
that all educational institutions offering occupational therapy education comply with the
prescribed policies, standards, and guidelines;

i.) Prescribe the Code of Ethies and Standards of Practice for occupational therapists endorsed
by the accredited and integrated professional organization of occupational therapists;

4.) Hear or investigate any violations of this Act, its implementing rules and regulations and the
Code of Ethics, and for this purpose, issue Subpoena duces tecum and/or ad testificandum to
secure the appearance of the witnesses and the production of documents in connection
therewith; Provided that the decision of the Board shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of judgment or decision;

k.) Prescribe guidelines and criteria in the Continuing Professional Development (CPD) program
for occupational therapists;

1.) Prescribe the subjects in the licensure examination and table of specifications, determine the
syllabi of the subjects and their relative weights, score and the rate examination papers, and
submit the results to the Commission within the period provided for in the rules of the

m,) Administer the examinations to applicants for the practice of occupational therapy in

accordance with the provisions of this Act

n.) Adopt a program for the full computerization of the licensure examination;

©.) Grant registration without examination subject to approval by the Commission;

p.) Issue special permits to persons admitted to the practice of occupational therapy for a specific
duration of time, and certificates of recognition for advanced studies, researches and
accomplishments that contribute to the enrichment of the Profession;

4q.) Perform such other powers and functions as deemed necessary to carry out the objectives of
this Act.

‘The policies, resolutions, rules and regulations, orders or decisions i

ued or promulgated by the

Board shall be subject to review and approval of the Commission.

SEC. 6. Qualifications of Board Members. - The members of the Board shall, at the time of

their appointment, possess the following qualifications:

a.) A resident of the Philippines for at least (5) years;
b.) A duly registered occupational therapists under this Act, with a valid certificate of

registration and professional license;
©.) Has engaged in rendering occupational therapy services for at least five (5) continuous years
immediately preceding appointment;

d.) A member of good standing of the accredited and integrated professional organization of

‘occupational therapists, and not an officer thereof;
€.) Has no prior conviction by any competent court, of an offense involving moral turpitude; and
f.) Has no pecuniary interest, directly or indirectly, in any school, college or universi

institution conferring an academic degree necessary for admission to the practice of


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occupational therapy; or where review classes in preparation for licensure examination are

offered or conducted; nor be a member of faculty or administration thereof.

SEC. 7. Term of Office. ~ The members of the Board shall hold office for a term of three (3)
years or until their successors have been appointed and duly qualified; Provided, That, members of the
first Board to be appointed after the approval of this Act shall hold office for the following terms: the
chairperson for three years, one member for two years, and the other member for one year; Provided,
Further, that a chairperson or member may be re-appointed for a second term, but may not serve more
than two consecutive three-year terms or six consecutive years. Interim vacancies shall be filled for the

unexpired term only.

SEC, 8. Removal of Board Members. ~ Any member of the Board may, upon the

recommendation of the Commission after due process of law and investigation conducted by the

Commis

nn, be suspended or removed by the President from office for cause such as gross neglect of
duty, incompetence, malpractice, unprofessionalism, immorality, unethical or dishonorable conduct, final

ion

Judgment of crimes involving moral turpitude, and manipulating or rigging of the licensure examin
results, disclosure of secret and confidential information in the examination questions prior to the conduct

of the said examination, or tampering of grades.

SEC. 9. Compensation and Allowances of the Board. ~The Chairperson and members of the
Board shall receive compensation and allowances comparable to that being received by the chairpersons
and members of existing regulatory boards under the Commission as provided for in the General

Appropriations Act.

SEC. 10. Supervision of the Board, Custodian of Records, Secretariat, and Support Services.

‘The Board shall be under the administrative supervision of the Commission. All records of the Board,

including applications for examination, examination papers and results, minutes of deliberation,

administrative cases, and other investigations involving occupational therapists, shall be kept by the

‘Commission.

‘The Commission shall designate the Secretary of the Board and shall provide the secretariat and

other support services to implement the provisions of this Act.

SEC. 11. Annual Report. ~The Board shall, at the close of each calendar year, submit an annual
report to the Commission, giving a detailed account of its proceedings and accomplishments during the
year and recommending measures to be adopted, with the end in view of upgrading and improving the
conditions affecting the practice of occupational therapy in the Philippines.

ARTICLE UI
LICENSURE EXAMINATION AND REGISTRATION

SEC. 12. Examination Required. — All applicants for registration for the practice of occupational
therapy shall be required to undergo a licensure examination to be given by the Board in such places and

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dates as the Commission may designate subject to compliance with the requirements prescribed by the

Commission.

SEC. 13. Qualifications for Examination. — An applicant for the licensure examination for

‘occupational therapists shall establish, to the satisfaction of the Board, that the following qualifications
are met

a.) A citizen of the Philippines or a foreigner whose country has reciprocity agreement with the

P

b.) Has not been convicted of an offense involving moral turpitude;

ippines;

©.) A graduate of a Bachelor of Science in Occupational Therapy degree or its equivalent degree

yy in the Philippines or abroad

as determined by the board from a school, college or unive
‘whose occupational therapy program is recognized by the Commission on Higher Education.

SEC. 14. Scope of Examination. ~ The licensure examination for occupational therapists shall

cover the basic sciences and health science foundations integrated into the following domains:

a.) Occupational Therapy Application |
1. Occupational Therapy Theories and Frames of Reference
Growth and Human Development

Occupational Performance and Behavior Across the Lifespan

Ber

Occupational-based practice

b.) Occupational Therapy Application 2
1, Adult Physical Dysfun:

‘Occupational Therapy in Pediatrics
Occupational Therapy in Geriatrics
Psychosocial Dysfunction

PR eR

‘Community-based Practice

¢.) Occupational Therapy Application 3
1. Professional Reasoning and Behavior

Professional Competence and Ethics

Organization, Administration and Management

BeY

Research Process

‘The Board, subject to approval by the Commission, may revise or exclude any of the subjects or
add new ones as the need arises, and may adjust or modify the percentage weight of the subjects in order
to keep the examination abreast and in conformity with the latest developments in the profession here and

abroad.


aunwne

SEC. 15. Ratings in the Examination. ~ To be qualified as having passed the licensure
examination for occupational therapists, a candidate must have obtained a general average of seventy-five

percent (75%), with no grade lower than sixty percent (60%) in any given subject.

SEC. 16. Report of Ratings. — The Board shall subr

to the Commission the ratings obtained by

each candidate within ten (10) calendar days after the examination, unless extended for just cause.

SEC. 17, Issuance of the Certificate of Registration, Professional License, and Professional
Identification Card, ~ Registration and a professional license shall be issued to examinees who pass the
licensure examination for occupational therapists subject to payment of fees prescribed by the
Commission. The registration and professional license shall bear the signature of the chairperson of the
Commission and the members of the Board, stamped with the official seal, indicating that the person
named therein is entitled to practice the profession with all the privileges appurtenant thereto, The
registration and license shall remain in full force and effect until revoked or suspended in accordance with
this Act.

Philippines, shall be used following the name of the registered occupational therapist, especially when

SEC. 18. Initial The initials OTRP, which stands for Occupational Therapists Register

signing documents pertinent to the practice of the profession,

SEC. 19. Refusal to Register. ~ The Board shall refuse to register any successful examinee who
has been convicted by a court of competent jurisdiction of any criminal offence involving moral turpitude,

or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been

declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

SEC. 20. Reinstatement, Re-issuance or Replacement of Certificate of Registration and
Professional License. ~ ‘Iwo years after the date of revocation, the Board may, upon application and for
reasons deemed proper and sufficient, reinstate any revoked certificate of registration or professional

license, and in so doing, may, in its discretion, exempt the applicant from taking another examination.

A new certificate of registration, professional license, or special permit, to replace lost, destroyed,

or mutilated ones, may be issued subject to the rules as implemented by the Board,

SEC. 21. Oath of Occupational Therapists. — Successful examinees qualified for registration,
and qualified applicants for registration without examination, shall be required to take an oath of
profession before any member of the Board or any government official authorized by the Commission to

admit

(er oaths, prior to entering into the practice of occupational therapy in the Philippines.

SEC. 22. Indication of Licensure and Privilege Tax Receipt. — The occupational therapist shall

be required to indicate his/her registration/professional license number and date of issuance thereof, the

duration of validity of said license, including his or her privilege tax receipt number, on the documents

he/she signs, uses or issues in connection with the practice of his/her profession.


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SEC. 23. Revocation or Suspension of the Certificate of Registration and Cancellation of
Special Permit. — The Board may, after giving proper notice of hearing to the party concerned, revoke the
practitioner’s certificate of registration and professional license, or be suspended from the practice of the
profession; or cancel the special permit for any of the causes or grounds mentioned in Section 25 of this

Act or for any unprofessional or unethical conduct, malpractice, violation of any of the provisions of this

Act, its rules and regulations, the Code of Ethics, and Standards of Practice for occupational therapists.

SEC. 24. Roster of Occupational Therapists, — The Board shall prepare, update and maintain a
roster of occupational therapists which shall contain the name of cach registered occupational therapist,
his residence and office addresses, the date of registration and issuance of certi
which the Board may deem pertinent. The roster shall be open to the public, copies of which shall be

ites, and other data

railed to each person listed therein

SEC. 25, Issuance of Special and Temporary Permit, — Speci
recommendation of the integrated professional organization of occupational therapists may be issued by

‘or temporary permits upon

the Board, subject to the approval by the Commission and payment of the fees the latter has prescribed
and charges, to the following persons:

1) Foreign-licensed occupational therapists called for consultation or a specified purpose that is
shall be Ii
the particular work being engaged; Provided, Further, that there is no Filipino therapists

deemed essential to national development; Provided, That, the pra ed only for
qualified for such consultation or purpose.

2) Foreign-licensed occupational therapists whose service shall be free and who are highly needed
under particular settings;

3) Foreign-licensed occupational therapists engaged as professors, lecturers, or crities in fields

‘essential to occupational therapy education in the Philippines, whose engagement is limited to
teaching only; and
4) Foreign-licensed occupational therapist recognized as an expert or specialist whose service is

deemed essential to the advancement of the profession in the Philippines.

‘The permit shall among other things. include these limitations and conditions: valid only for a period

of not more than one year subject to renewal; the branch or specialty of occupational therapy which the

permit holder can practice, and; the specific place or places of practice such as clinic, hospital, center,
school/college/university offering the course of occupational therapy. The Board, subject to the approval

by the Commission, shall prescribe rules and regulations for the implementation of this particular section,

ARTICLE IV
PRACTICE OF OCCUPATIONAL THERAPY

SEC. 26. Prohibition on the Practice of Occupational Therapy. — No person shall practice or
offer to practice occupational therapy, nor offer to be an occupational therapists. or use the title, word,

letter, figure, or any sign tending to convey the impression of being an occupational therapists, nor

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advertise or indicate in any manner whatsoever to be qualified to perform the work of an occupational
therapists without passing the licensure examination given by the Board, except as otherwise provided in
this Act.

SEC. 27. Prohibited Acts. — No person shall:
a.) Engage in the practice of occupational therapy by representing himself/herself as an

occupational therapists without a valid registration, professional license, or a valid temporary/

special permit granted by the Board pursuant to this Act,

b,) Represent to be an occupational therapists during the time that his or her professional license

is not valid or that his/her certificate of registration has been suspended or revoked, or that

his/her temporary or special permit has been cancelled;

©.) Allow anybody to use his/her certificate of registration and/or professional license and/or
temporary/special permit as an occupational therapist to enable such unqualified individual to
engage in the practice of occupational therapy;

4.) Use as his/her own the certificate of registration, professional license, or temporary/ special
permit of another person; and

¢) Violate any provision of the Code of Ethics as recommended by the accredited national
organization of occupational therapists.

SEC. 28. Code of Ethics and Standards of Practice for Occupational Therapists. ~The Board

shall adopt and promulgate the Code of Ethics and Standards of Practice for occupational therapists

prescribed and issued by the Accredited and Integrated Professional Organization (AIPO) of occupational
therapists.

SEC. 29. Continuing Professional Development (CPD) Program. — Ail occupational therapists
shall abide with the requirements, rules and regulation on continuing professional development to be
promulgated by the Professional Regulatory Board on Occupational Therapy, subject to the approval of

the Commission, in coordination with the AIPO of occupational therapists and/or the recognized

representative of duly accredited education institutions, For this purpose, the Board may create a CPD
council to implement the CPD program, subject to such guidelines as may be prescribed by the
Commission,

SEC. 30, Integration of Occupational Therapists. — The occupational therapy profession shall be
integrated into one (1) national professional organization of occupational therapists, which shall be duly
registered with the Securities and Exchange Commission (SE

‘The Board, subject to approval by the
Commission, shall accredit the said organization as the one and only Accredited Integrated Professional
Organization (AIPO) of registered occupational therapists. All occupational therapists whose names
appear in the current Registry Book of Occupational Therapists shall ipso facto or automatically become
members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of the

required AIPO membership fees and dues.

Membership in the Accredited Integrated Professional Organization (AIPO) shall not be a bar to

membership in other organizations of occupational therapists.


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SEC. 31. Foreign Reciprocity — No foreign occupational therapists shall be given a certificate of
registration/professional license and professional identification card or be entitled to any of the privileges
under this act unless the country or state of which the foreign occupational therapists is a subject or

ipino occupational therapists to practice within its territorial limits on the same basis as

the subjects or citizens of said country or state,

ARTICLE V
PENAL AND MISCELLANEOUS PROVISIONS,

SEC. 32. Penal Provisions. ~ Any person who shall violate any of the provisions of this Act or
any of its implementing rules and regulations as promulgated by the Board, subject to the approval of the
Commission, shall upon conviction, be punished with a fine of not less than Twenty Thousand Pesos
(P20, 000.00) nor more than Fifty Thousand Pesos (P50,000.00), or by imprisonment of not less than two

(2) years nor more than five (5) years, or both, at the discretion of the court.

SEC. 33. Funding Provision. ~The Chairman of the Professional Regulation Commission shall

immediately include in the Commission’s budget program, the implementation of this Act, the funding of

which shall be included in the annual General Appropriations Act.

SEC. 34. Implementing Rules and Regulations. ~ To implement the provisions of this Act, the
Board shall, subject to the approval of the Commission, promulgate the rules and regulations, as well as
sixty (60) days after the

the Code of Ethics and Standards of Practice for occupational therapists, wi

'. 38. Transitory Provisions. ~ ‘The existing Board of Physical Therapy and Occupational

Therapy shall continue to function in the interim until such time that the new and separate Professional

Regulatory Board of Occupational Therapy shall be constituted pursuant to this Act

. 36. Separability Clause, ~ \f any part, portion, section or provision of this Act shall be

declared invalid or unconstitutional, such shall not invalidate any other part, portion, section or provision

Act and the same shall continue to be in force and effect.

SEC. 37. Repealing Clause. — All laws, decrees, orders, issuances or parts thereof which are

inconsistent with the provisions of this Act are hereby modified, revised, superseded or repealed.
Republic Act, No. 5680 is hereby modified accordingly.

SEC. 38. Effectivity. ~ This Act shall take effect after fifteen (15) days following its publication

in the Official Gazette, or in two (2) major newspapers of national circulation, whichever comes earlier.

Approved,