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Republic of the Philippines > RECET
HOUSE OF REPRESENTATIVES é rm +P.
Quezon City OATES
TIME:
SEVENTEENTH CONGRESS

Second Regular Session

House Bit no.6988 _

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT REGULATING MEDICAL EDUCATION, LICENSURE, RESIDENCY, AND PRACTICE IN
THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382 OR THE
MEDICAL ACT OF 1959, AS AMENDED, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Republic Act No. 2382 or "The Medical Act of 1959", as amended by Republic Act Nos. 4224
and 5946 has been the foundation of the medical profession in the country for the longest time.
However, the changing times has brought about changing demands and developing technologies
that require a law that is more appropriate and responsive to the current circumstances.

Over the years, dramatic advances in various disciplines in the science and technology of
medicine have revolutionized the diagnosis, treatment, and management of disease. The rapid
progress of modem medicine dictates the need to upgrade and update the curriculum of the study
and practice of medicine. There is an urgent need therefore to update the existing Medical Act of
1959 that has been the standard reference in the practice of medicine.

Thus, this proposed measure seeks to enact a new Physicians Act that will govern the
regulation of the education, residency, licensing and the practice of medicine by physicians here in
the Philippines.

It is not only enough to address their economic concerns by increasing their pay and
remuneration but as the government recognizes the very crucial role of physicians in the national
health care system, it is also essential that an environment be provided for them where they can
further cultivate and enhance their skills and expertise thereby upgrading the standards by which
their practice shall be measured.

The proposed Physicians Act promotes the professional services of the physicians by
ensuring the efficiency and responsiveness of the different aspects of the medical profession:
medical education including internship training and residency, licensure examination and registration
of physicians, practice of medicine, integration in one Accredited Professional Organization, and
promotion of competence, moral values and professional standards.

We entrust our health and our lives to our doctors and it is only proper that we equip them
with the legislation that will both promote their profession and protect their rights.

To meet the challenges of improving the quality of health care of our citizenry and the
imperatives of global competitiveness in medicine, the passage of this bill is urgently requested

ANGELINA wlll M.D.

4th District, Quezon


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House siLL no. 6988

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT REGULATING MEDICAL EDUCATION, LICENSURE, RESIDENCY, AND PRACTICE IN
THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382 OR THE
MEDICAL ACT OF 1959, AS AMENDED, AND FOR OTHER PURPOSES.

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

ARTICLE |

TITLE, POLICY, OBJECTIVES AND ENFORCEMENT

SECTION 1. Short Title. — This Act shall be known as the “Physicians Act of 2017”.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of physicians in the
preservation, maintenance, safeguard, cure and enhancement of the life, health and general welfare
of the citizenry. Physicians’ professional services shall, therefore, be promoted as a regular
‘component of the total health care system.

SEC. 3. Objectives. - This Act provides for and shall govern the:

(a) Standardization, upgrading and regulation of the medical education including
postgraduate internship and residency training program;

(b) Conduct of the physician's licensure examination, licensure and registration of the
physicians;

(c) Supervision and regulation of the practice of medicine;

(4) __ Integration of the profession under one national Accredited Professional Organization
(APO) of Physicians; and

(e) Upholding of competence, moral values and professional ethics of members of the
medical profession.

SEC. 4. Enforcement. - For purposes of implementing the provisions of this Act, there shall
be created the following: Council of Medical Education, hereinafter referred to as the CME;
Professional Regulatory Board of Medicine, hereinafter referred to as the PRBM; and Medical
Residency Board, hereinafter referred to as the MRB.

They shall call upon or request any department, instrumentality, office, bureau, institution or
agency of the government including local government units (LGUs) to render such assistance as
they may require or to coordinate or cooperate in order to carry out, enforce or implement the
professional regulatory policies of the government or any program or activity they may undertake
pursuant to the provisions of this Act.


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ARTICLE Il
THE COUNCIL OF MEDICAL EDUCATION

SEC. 5. Creation. - The Council of Medical Education (CME) shall be created and
composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED) or his/her duly
authorized representative as chairperson, who shall also act as the chairperson of the CME;

(b) The Secretary of the Department of Health (DOH) or his/her duly authorized
representative as member;

(c) The Chairperson of the Professional Regulatory Board of Medicine (PRBM) or his/her
duly authorized representative as member;

(d) The President of the Accredited Integrated Professional Organization (AIPO) of
Physicians or his/her duly authorized representative as member;

(e) The President of the national association of medical schools duly recognized by the
PRC or his/her duly authorized representative as member;

() The Chancellor of University of the Philippines-Manila or his/her duly authorized
representative; and

(a) The President of the national association of hospitals duly recognized by the
Department of Health or his/her duly authorized representative as member.

The Chairperson and members of the CME shall hold office during their incumbency in the
respective institutions or associations that they represent.

The CME, within sixty (60) days after the effectivity of this Act, shall appoint a technical panel
composed of at least six (6) outstanding members of the academe and/or the profession whose
responsibility is to assist the council in carrying out its functions and powers.

The public officials shall perform their duties as such without compensation or remuneration,
subject to reasonable per diem allowances as approved by the CME and subject to existing rules
and regulations of the Department of Budget and Management (DBM). Members thereof who are not
government officials or employees shall be entitled to necessary travelling expenses, per diem and
representation allowances chargeable against the funds of the CHED, as approved by the CME,
subject to existing rules and regulations of the DBM.

SEC. 6. Functions and Duties. - The CME shall have the following functions and duties:

(a) To authorize the opening and recognize new medical schools upon compliance with
the minimum requirements;

(b) To determine the minimum requirements for physical facilities of medical schools
such as buildings, hospitals, equipment and supplies, apparatus, instruments, appliances,
laboratories and bed capacity for instruction purposes, operating and delivery rooms, facilities for
out-patient services and others that are necessary for didactic and practical instruction in accordance
with modem trends;

(c) To determine the minimum number and the standard qualifications of administrative
and teaching personnel including student-teacher ratio;

(4) To determine the minimum required curriculum leading to the degree of Doctor of
Medicine, including internship;


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(e) To authorize the implementation of an acceptable innovative medical curriculum or
strategy in a medical school that has the exceptional faculty, equipment and facilities. Such an
innovative curriculum may prescribe admission and graduation requirements other than those
prescribed in this Act; Provided, that only exceptional students shall be enrolled in the innovative
curriculum.

(f) To determine the minimum requirements for admission into a recognized college of
medicine;

(9) To develop and put into place programs as well as adopt and implement policies
which will encourage and allow applicants coming from marginalized areas and/or groups as well as
financially-challenged families to be admitted into medical colleges and complete their medical
education;

(h) To accept applications and issue certificates of eligibility for admission to a medical
school and keep a registry of the same; and to collect from applicant's reasonable fees which shall
accrue to its operating funds;

() To recommend to the CHED the closure or suspension of the degree of Doctor of
Medicine program of a medical school by reason of poor performance in the physicians licensure
examination over a given period of time based on statistical data furnished by the PRMB, or upon
inspection of the medical school by the CME by reasons of various deficiencies or violations;

() To promulgate, prescribe and enforce policies and programs which will ensure the
proper and orderly operations and upkeep of medical colleges in order to ensure that medical
education is not treated merely as a business enterprise but one with a social dimension;

(k) To approve hospitals or specific departments of certain hospitals for medical
education and internship training that comply with the minimum requirement for physical facilities as
provided for in subparagraph (b) hereof; and

(1) To promulgate, prescribe and enforce the necessary rules and regulations for the
proper implementation of the foregoing functions.

SEC. 7. Minimum Required Course. — The medical course leading to the degree of Doctor
of Medicine shall be five (5) years inclusive of clinical clerkship and internship. Provided however,
that there shall be no tuition fee for internship, and shall consist of the following subjects:

(a) Human Anatomy including Gross, Microscopic and Developmental Anatomy;

(b) Human Physiology;

(c) Biochemistry, Molecular Biology, Genetics and Basic Nutrition;
(4) Pharmacology and Therapeutics including Alternative medicines;
(e) Microbiology, Parasitology and Immunology;

(f) Internal Medicine, including Geriatrics and Dermatology;

(9) _ General and Clinical Pathology, Surgical Pathology and Oncology;
(h) Obstetrics and Gynecology including Women’s Health;

(i) Pediatrics and Nutrition including Child protection;

(i) General Surgery, and its divisions;

(k) Anesthesiology and Pain Management;


(1) Orthopedics;
(m) — Otorhinolaryngology;

(n) Ophthalmology;

n) _ Psychiatry and Behavioral Sciences;
©) Basic and Clinical Neurosciences;
Pp) Family and Community Medicine including Public Health, Preventive Medicine and

Health Economics;

q) __ Physical and Rehabilitation Medicine;

1) History and Perspectives in Medicine;

s) __ Research, Evidence-based Medicine and Medical Informatics;

t) Legal Medicine, Medical Jurisprudence and Forensic Medicine; and
u) Radiology and other diagnostic imaging

The minimum curricular content regardless of the curriculum design shall include the
following topics that should be integrated in all medical courses:

(a) Bioethics, Professionalism and Good Clinical Practice;
(b) Patient Safety and Quality Assurance;

(c) Consultation Skills, Physical Diagnosis;

(4) Andragogy;

(e) Disaster Risk Reduction and Management;

(f) Leadership and Management;

(9) __Inter-professional Education; and

(h) Coaching and Mentoring

Provided, that the CME may recommend to the CHED the re-clustering or integration of
subjects as may be necessary to fit into the five-year course degree of doctor of medicine.

SEC. 8, Admission Requirements and Publication of Academic Catalogue. — A medical
school may admit any student who has not been finally convicted by a court of competent jurisdiction
of any criminal offense involving moral turpitude and who presents all of following:

a. __ Record showing completion of Bachelor's Degree in Science or Arts;

b. Certificate of good moral character issued by two (2) former professors in the college
offering the pre-medical course(s);

c Birth certificate duly authenticated by the Philippine Statistics Authority (PSA); and

d. Proof of passing the National Medical Admission Test (NMAT) based on cut-off score
prescribed by the CHED.


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Nothing in this Act shall be construed to prohibit any medical school from imposing further
requirements, in addition to the requirements set forth in this section relevant to the degree.

Only medical schools externally accredited by agencies recognized by the Council may
accept foreign medical students.

For the purpose of this Act, the term “Medical School” shall mean to include faculty of
medicine, institute of medicine, school of medicine and other similar institution which has complied
with the standards and requirements set forth by the CME, offering a complete medical course
leading to the degree of Doctor of Medicine.

Every medical school shall keep complete records of enrolment, grades, graduates and must
publish each year a catalogue giving the following information:

(1) Date of publication;
(2) Calendar of academic year;

(3) Roll of faculty members indicating whether on full-time or part-time basis and their
curriculum vitae;

(4) Requirements for admission;

(5) Grading system;

(6) _ Requirements for promotion;

(7) Requirements for graduation;

(8) Curriculum and description of course by department; and

(9) Number of students enrolled in each class in the preceding year.

ARTICLE Ill
THE PROFESSIONAL REGULATORY BOARD OF MEDICINE

SEC. 9. Creation. - There is hereby created a Professional Regulatory Board of Medicine,
hereinafter referred to as the PRBM, under the administrative control and supervision of the
Professional Regulation Commission (PRC). The PRBM shall be composed of a Chairperson, a Vice
Chairperson and five (5) members. Each vacant position of the PRBM shall be filled by the President
of the Republic of the Philippines from a list of three (3) nominees submitted by the AIPO of
physicians, as provided under Section 48 of this Act. The PRBM shall be organized not later than six
(6) months from the effectivity of this Act.

SEC. 10. Powers and Duties. - The PRBM shall be vested with the following specific
powers, functions, duties and responsibilities:

(a) Supervise, regulate and monitor the practice of medicine in the Philippines;

(b) Determine and evaluate qualifications of the applicants for the physician's licensure
examinations and applicants for special permits to practice medicine in the Philippines;

(c) Prepare the questions in the Physicians Licensure Examinations in accordance with
recognized principles of evaluation and of pertinent provisions of Section 19, Article IV of this Act;
prescribe the syllabi of the subjects and their relative weights for the licensure examinations; conduct
the examination; correct and rate the examination papers;


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(d) _ In the formulation of test questions, the PRBM shall see to it that the questions shall
have relevant distributions as to the knowledge, skill and attitude of the examinees;

(e) Determine, amend or revise the requirements for the subjects in the physician's
licensure examinations and their relative weights and the manner of giving the examination, subject
to the approval of the PRC;

(f) To explore and develop ways on how to measure and evaluate the clinical
competence of applicants and to introduce and integrate the same into the physician's licensure
examination to ensure not only the theoretical knowledge but also the clinical skills of successful
examinee:

(g) Register successful examinees in the physician licensure examinations in the rolls of
physicians and issue the corresponding certificates of registration;

(h) Issue special/temporary permits to foreign physicians to practice medicine for specific
projects, duration of time and place of practice;

() Administer the qualifying examinations for foreign physicians who wish to train in the
Philippines for a specialty or field of practice;

() Monitor the conditions affecting the practice of medical profession, adopt measures
for the enhancement of the quality of the education and practice of medicine in coordination with the
appropriate regulatory bodies;

(k) _ In coordination with the CHED, monitor the performance of medical schools and their
compliance with the rules and regulations of the Council of Medical Education;

()__ In coordination with the AIPO of physicians, promulgate rules and regulations
including a Code of Ethics for Physicians, administrative policies, orders and issuances to carry out
the provisions of this Act;

(m) Conduct regular quality assurance programs and activities to ensure quality medical
education;

(n) Investigate violations of this Act, Code of Ethics, and the pertinent rules and
regulations, administrative policies, orders and issuances. The rule on administrative investigation
promulgated by the PRC shall govern in such investigation;

(0) Issue subpoena ad testificandum or subpoena duces tecum to secure attendance of
respondents or witnesses as well as the production of documents. Provided, that failure of the party
to whom a subpoena has been issued to comply therewith shall be punishable by way of indirect
contempt. For this purpose, the PRBM is hereby vested the power to cite any party for contempt
which may be exercised pursuant to the applicable provisions of Rule 71 of the Rules of Court;

(p) Delegate to the Chairperson, Vice Chairperson or any member of the PRBM, with the
assistance of the legal division of the PRC, the hearing of an administrative case. If the case
concerns strictly the practice of medicine as defined in Section 38, Article VI hereof, the investigation
‘shall be presided over by a member of the PRBM with the assistance of the legal division of the
PRC;

(q) After due notice and hearing, cancel examination papers and/or bar any examinee
from future examination; refuse or defer his/her registration; reprimand the registrant with stern
warning; suspend him/her from the practice of his/her profession; revoke his/her certificate of
registration; cancel special/temporary permit/temporary training permit; remove his/her name from
the roll of physicians for continuous non-payment of annual registration fees and non-compliance
with the Continuing Professional Development (CPD) requirements; reinstate or re-enroll his/her
name in the said roll; and re-issue or return his/her certificate of registration and professional
identification card. A decision of suspension, revocation of the certificate of registration or removal


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from the roll by the Board as provided herein may be appealed to the Commission within fifteen (15)
days from receipt thereof;

() Administer the physician's oath pursuant to Section 24, Rule IV herein;

(s) Institute and prosecute or cause to be instituted and prosecuted any and all criminal
action against any violation of this Act and/or the rules and regulations of the Board, subject to the
provisions of Section 5, Rule 110 of the Rules of Criminal Procedure, as amended;

() Adopt an official seal;

(u) Coordinate with the CME and the AIPO of physicians in prescribing, amending and/or
revising the courses in a medical program;

(v) _ Assist the PRC in implementation of its prescribed guidelines and criteria on the
Continuing Professional Development (CPD) for registered licensed physicians;

(w) Set the standards and guidelines for the issuance and re-issuance of certificates of
registration including but not limited to compliance with the PRBM’s CPD program; and

(x) Perform such other functions and duties as may be necessary to efficiently and
effectively implement the provisions of this Act.

The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by
the PRBM shall be subject to the review, revision and approval by the PRC. However, in case of
imminent and immediate danger to patients, the PRBM's final decisions, resolutions or orders
rendered in an administrative case shall be immediately executory.

SEC. 11. Qualifications. — Each PRBM member must, at the time of his/her appointment:

(a) Be a natural born Filipino citizen and has been a resident of the Philippines for at
least ten (10) consecutive years;

(b)  Beatleast fifty (50) years old;

(c) Be a holder of a valid certificate of registration and a valid professional identification
card as a physician;

(d) Has been a medical practitioner for at least ten (10) years;
(e) Bea bonafide member of the AIPO of physicians;

(Has not been convicted by final judgment by a competent court of a criminal offense
involving moral turpitude;

(9) Has an experience of at least five (5) years as a faculty member of a college of
medicine;

(h) _ Isnota current member of the faculty of an institute, school or college of medicine;

(i) __ Has no any pecuniary interest in any institution which offers and operates the course
or degree of Doctor of Medicine; and

() _Is not connected with or has no pecuniary interest in a review center/school/group or
association offering classes or lectures in preparation for the physicians licensure examination.

SEC. 12. Term of Office. - The members of the PRBM shall hold office from the date of
their appointment for a term of three (3) years or until their successors shall have been appointed
and qualified. They may, however, be reappointed for another three (3) year term but not for a third


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three (3) year term. Appointments to fill up vacant positions for reasons other than through
expiration of regular terms, shall be for the unexpired period only. Each member shall take an oath of
office before the performance of his/her duties. The incumbents whose terms have not yet expired or
who are merely holding over, at the effectivity of this Act, shall be allowed to serve the unexpired
portion of their terms or may be re- appointed under this Act.

SEC. 13. Compensation. - The Chairperson, Vice Chairperson and members of the PRBM
shall receive compensation and allowances or other benefits pursuant to the provisions of the “PRC
Modernization Act of 2000” and other pertinent laws and comparable to the compensation and
allowances received by the Chairperson and members of existing professional regulatory boards.

SEC. 14. Suspension or Removal. - The President, upon recommendation of the PRC
after giving the member an opportunity to be heard by himself or by counsel in a proper
administrative investigation to be conducted by the PRC, may suspend or remove any member of
the PRBM on any of the following grounds:

(a) Neglect of duty or incompetence;
(b) _ Unprofessional, unethical or dishonorable conduct;

(c) Manipulation or rigging of results of any physician licensure examination, divulging of
secret information or disclosure of the said examination, or tampering of the grades therein; and

(4) Final conviction by the court of any criminal offense involving moral turpitude.

SEC. 15. Administrative Management, Custody of Records, Secretariat and Support
Services. - The PRBM shall be under the supervision and control of the PRC, with the PRC
chairperson as the chief executive officer thereof. All records of the PRBM shall be under the
custody of the PRC.

The PRC shall designate the secretary of the PRBM and shall provide the Secretariat and
other support services to implement the provisions of this Act.

ARTICLE IV
PHYSICIAN LICENSURE EXAMINATION

SEC. 16. Prerequisites to the Practice of Medicine. — No person shall engage in the
practice of medicine in the Philippines unless he/she:

(a) Holds a valid certificate of registration and a valid professional identification card
issued by the PRC;

(b) Holds a valid special/temporary permit issued by the PRBM subject to approval by the
PRC, or unless he/she is exempted by this Act from holding any of the foregoing certificates of
registration; and

(c)__ Isa member of good standing of the AIPO of physicians.

Any foreign doctor who intends to undergo residency/fellowship training in the practice of
medicine must pass the qualifying examination given by the PRBM.

SEC 17. Examination Required. — All applicants for registration prior to the issuance of
certificate of registration and a professional identification card as a physician, shall be required to
pass the licensure examination for physicians as provided for in this Act, and shall be subject to the
payment of the fees prescribed by the PRC.

SEC. 18. Qualifications for Applicants for the Physicians Licensure Examination. - All
applicants for the physicians licensure examination must possess all qualifications and none of the


disqualifications hereunder set forth as follows:

(a) He/she is a citizen and resident of the Philippines or a citizen of a foreign
country/state that observes reciprocity in the practice of medicine with the Philippines;

(b) He/she is mentally, emotionally and physically sound with a certificate of good moral
character signed by the Dean of the school where he/she is a graduate;

(c) He/she has not been convicted by final judgment by a court of any criminal offense;
and

(4) He/ she is a holder of the degree of Doctor of Medicine conferred by a College of
Medicine established in the Philippines and duly recognized by the Commission on Higher Education
or a degree conferred by a college of medicine abroad and accredited by the CHED as substantially
‘equivalent to the degree of Doctor of Medicine offered by medical schools in the Philippines.

SEC. 19. Scope of Examination. - The physicians licensure examination shall cover the
plownaliatsen (13) individual and/or combined/clustered subjects with the relative weights for

(a) Anatomy and Histology;

(b) Physiology;

(c) Biochemistry and Molecular Biology;

(d) Pharmacology and Therapeutics;

(e) Microbiology and Parasitology;

(f) Internal Medicine; Neurology, Dermatology, Oncology, Geriatric;

(9) General and Clinical Pathology;

(h) Obstetrics and Gynecology;

() Pediatrics and Nutrition;

() Surgery, Orthopedic, Anesthesiology, Pain Management;

(kK) Otorhinolaryngology, Ophthalmology;

() Family and Community Medicine, Preventive Medicine.and Public Health and Health
Economics; and

(m) Legal Medicine, Medical Jurisprudence, Medical Ethics, and Medical Informatics.

In case there is need or when circumstances require, in order to conform to technological
advancements and other developments, the PRBM, the CME, and the AIPO of physicians may
revise the substance, format and the conduct of the examinations.

Each of the Thirteen (13) subjects shall have its syllabus or table of specifications for
purposes of the physician licensure examinations. The PRBM shall apply each syllabus after a lapse
of three (3) months reckoned from the concurrence of all the following requisites:

(a) Consultation with the association of medical schools;

(b) Approval by the PRC;


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(c) Publication of the PRBM resolution in a newspaper of general circulation; and
(4) Dissemination to all medical schools.

SEC. 20. Venues and Schedule of Examinations. - The PRBM shall give examinations for
the registration of physicians at least twice a year in such places as the PRC may designate in
accordance with the provisions of Republic Act No. 8981, otherwise known as the “PRC
Modernization Act of 2000". An applicant may be allowed to take the examinations in two parts, the
first part shall consist of questions from Basic Medicine which are from subjects of the first and
second year medicine proper, and the rest may be taken up in the second part, provided however,
that the two-part examinations must be taken in one (1) and the same year.

SEC. 21. Rating in the Examination. - To pass the physician licensure examination, an
examinee must obtain a general average rating of at least seventy-five percent (75%) in all thirteen
(13) subjects, provided, however, there is no rating obtained in any subject below fifty percent (50%).

SEC. 22. Report and Publication of the Results of Examination. — The PRBM shall
report the rating of each examinee to the PRC within ten (10) days from the last day of examination
or any other period granted by the PRC. The official results of the examination containing the list of
topnotcher examinees indicating their respective schools/colleges and the names of the
schools/colleges obtaining top percentage of successful examinees shall be published by the PRC in
the major daily newspapers of general circulation

The report of rating of every examinee shall be mailed to his/her given address, using the
mailing envelope he/she submitted during the examination.

SEC. 23. Oath. - All successful examinees shall be required to take their oath before the
PRBM or any person authorized by the PRC to administer oath before they are issued their
certificates of registration and professional identification cards or before they start the practice of the
medical profession.

SEC. 24. Registration, Issuance of Certificate of Registration and Professional
Identification Card; Philippine Medical Association Card; Non-registration and Grounds
Thereof. — All successful examinees, upon compliance with all legal requirements and payment of
fees prescribed by the PRC, shall be registered and issued certificates of registration and
professional identification cards. They shall likewise be deemed members of the duly recognized
AIPO of physicians upon compliance with all requirements and payment of compulsory dues. Upon
presentation of their certificates of registration and professional identification card, they shall be
issued a separate AIPO identification cards for physicians.

The certificate of registration of a physician shall bear the registration number and the date
of issuance and the signatures of the chairperson of the PRC and the members of the PRBM
stamped with the seals of the PRC and the PRBM, certifying that the name of the person stated
therein appears in the Registry/Roster/Roll of Physicians under the custody of the PRC; that the
person has complied with all the legal requirements for registration as a physician; and that the
person is entitled to exercise all the privileges appurtenant to the practice of medical profession.

Provided, that he/she does not violate this Act, the rules and regulations, Code of Ethics for
Physicians and other regulatory issuances and policies of the PRC and the PRBM.

The professional identification card, shall bear the name of the registered licensed physician,
the registration number, the date of issuance, and the date of the expiration of the license. Together
with the membership identification card issued by the AIPO of physicians, the physician is deemed
qualified to practice medicine in the Philippines.

A successful examinee who has been finally convicted by a competent court of a criminal
offense, or found guilty by the PRBM of dishonorable or immoral conduct, or declared by a court to
be of unsound mind shall not be registered. The decision of the PRBM, finding the examinee guilty
of dishonorable or immoral conduct may be appealed to the PRC within fifteen (15) days from receipt


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of the PRBM's decision or resolution, and to the Court of Appeals within the same period from the
receipt of the decision or resolution of the PRC. The facts and the reasons for refusal to register shall
be clearly stated in writing, communicated to the examinee and duly incorporated in the records of
the PRC.

ARTICLE V
THE MEDICAL RESIDENCY BOARD

SEC. 25. Creation. - There is hereby created the Medical Residency Board (MRB), under the
Department of Health, hereinafter referred to as the “MRB.”

The MRB shall consist of a core group and specialty groups. The core group, which shall
have the voting powers, shall be headed by the Secretary of the Department of Health (DOH), as
Chairperson, and the Chairperson of the Professional Regulation Commission (PRC), as Vice
Chairperson, and the following as members:

(a) Chairperson of the Civil Service Commission (CSC);

(b) Secretary of the Department of Labor and Employment (DOLE);

(c) A permanent representative of the AIPO of physicians;

(d) A permanent representative of the association of medical colleges;

(e) A permanent representative of public hospital association; and

(f) A permanent representative of private hospital association.

Permanent representatives of medical schools and hospital associations shall be nominated
by the government agency representatives of the MRB for appointment by the Secretary of Health
for a term of three (3) years and may be renewed upon renomination and reappointment.

The members of the MRB may designate their permanent representatives, who shall have a
rank not lower than an undersecretary or its equivalent, to meetings and shall receive emoluments
as may be determined by the MRB in accordance with existing budget and accounting rules and
regulations,

The specialty groups shall be constituted for each medical field or discipline with a minimum
of three (3) and maximum of five (5) non-voting members. Each group shall be composed solely of
physicians who are licensed to practice in the Philippines and actively engaged in the practice of the
same specialty. Each specialty group may include additional experts as may be necessary.

The members of the specialty groups shall be appointed by the Secretary of Health for a term
of three (3) years. Provided, That, no member shall serve for more than three (3) consecutive terms.

The DOH shall promulgate the nomination process for all specialty group members with a
clear set of qualifications, credentials and recommendations from the sectors concerned.

A total of three (3) Committees with a minimum of seven of (7) members each shall be
created by the MRB from the core group members to assist in carrying out its functions:

(a) Committee on Accreditation. — It shall be responsible for accrediting medical residency
training and developing standards for approval of the Board;

(b) Committee on Training and Certification. — It shall determine whether doctors and allied
health professionals have satisfactorily completed medical residency training and shall
issue certificate of completion of training, if appropriate; and


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(c) Committee on Policies, Standards and Ethics. - It shall formulate standards of medical
residency training programs, 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 Board for approval and action regarding complaints filed. It shall
also screen foreign graduates of medicine who would like to undergo residency training in
the country.

The MRB shall create other committees and sub-committees as may be deemed necessary
in the accomplishment of its duties and functions.

The DOH shall provide a Secretariat for the MRB 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 MRB.

The members of the MRB shall receive an honorarium chargeable against the fund of the
DOH in accordance with existing policies.

SEC. 26. Powers and Functions. - The MRB shall ensure the quality of residency training
for all specialties and sub-specialties of medical residents and provide policies that will promote
humane working conditions and better compensation for medical residents. Moreover, the MRB shall
be tasked to ensure that the residency training of doctors shall be responsive to the current health
service needs of the population. In particular, it shall perform the following functions:

(a) To set the standards of residency training;

(b) To ensure that the standards set for residency training are at par with international
standards;

(c) To accredit residency training programs;

(d) To determine whether doctors and allied health professionals who have undergone
residency training have satisfactorily completed the trainin,

(e) To issue certificate to residents who have satisfactorily completed the residency training
in either government and private hospitals;

(f) To screen foreign graduates of medicine who will undergo medical residency training in
the country and assess the equivalence of their basic medical education to the standard
curriculum prescribed in Philippine schools of medicines;

(g) To work, in consultation with appropriate agencies, for the provision of better
compensation and benefits and humane working conditions for residents;

(h) To receive and act on complaints of residents as well as complaints of patients against
residents;

(i) To ensure that residency trainings will always be responsive to the health needs of the
population;

(j) To maintain a registry or database of residents and accredited residency training
programs,

(k) To monitor and evaluate residency training programs regularly;

(I) To prescribe remedial measures to deficient residency training programs; and


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(m)To seek or request the assistance and support of any government agency, office or
instrumentality including government-owned or controlled corporations, local government
units as well as non- governmental organizations or institutions in pursuance of its
functions.

SEC. 27. Accreditation of Residency Training Programs. - Residency training programs
shall only be conducted in accredited residency training institutions. The MRB is the only recognized
‘organization that shall be given the full authority over residency training programs. Upon approval of
the Implementing Rules and Regulations of this Act, a period of one year shall be given to allow time
for the transfer of accreditation from the different specialty and sub-specialty societies to the
Committee on Accreditation of the MRB.

SEC. 28. Training Curriculum of 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 MRB. The training curriculum shall be at par
with international standards and shall be responsive to the health needs of the population. The
Committee on Policies, Standards and Ethics shall be given one (1) year from the time of its creation
to prepare uniform standards of residency training programs.

SEC. 29. Qualifications of Applicants to Residency Training Programs. - The following
shall be the minimum qualifications of applicants to residency training programs:

(a) Passing score in the licensure examination;

(b) No previous criminal and or administrative record; and

(c) Clearance by the Board for foreign graduates of medicine

The Board shall set such other qualifications that it may deem necessary.

SEC. 30. General Conditions for the Residency Training of Foreign Medical Graduates.
= The following general conditions shall be applied to foreign graduates of medicine undergoing
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;

(b) Foreign graduates of medicine shall secure clearance from Board prior to application to
any accredited residency training program;

(c) Foreign medical graduates 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 the dialect of the locality shall be
obtained by the foreign graduate of medicine from a CHED accredited state university or tertiary
education institution located in the locality where the foreign graduate in medicine wishes to undergo
medical residency training before the Board may issue a clearance to the foreign graduate of
medicine. For accredited institutions located in areas wherein Filipino is the language used by the
majority, proficiency in a dialect shall no longer be required; and

(a) Foreign graduates of medicine 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.

SEC. 31. Working Conditions of Residents. — The following shall be strictly observed by all
accredited residency training institutions:

(a) No resident shall be allowed to go on duty for more than twenty-four (24) hours straight,
except in extraordinary cases to be determined by the hospital administrator;


14
(b) Residents shall be entitled to one day off from hospital duty every week;

(c) Residents shall be given standard quarters in the hospital where he/she can stay during
his/her tour of duty;

(d) Residents shall only perform those functions that are related to his/her residency training
‘As such, their superiors are hereby prohibited from issuing orders that are not related to the training
of residents or are demeaning to a resident's dignity as a person. The MRB shall receive and
investigate complaints of this nature from residents;

(e) Residents are entitled to adequate period for meal breaks and personal care during their
tour of duty;

(f) Residents 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; and

(g) Residents shall be treated equally. No resident shall be discriminated because of his/her
gender, race and ethnicity

SEC. 32, Salary and Other Benefits. - The minimum base pay of all doctors in government
hospitals shall not be lower than Salary Grade 22. They shall be entitled to overtime pay and night
differential pay for services rendered beyond eight (8) hours or hours of duty beyond ten (10) in the
evening to six (6) in the morning. 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.

SEC. 33. Professional Conduct of Residents. — A resident shall observe the following
professional conduct at all times:

(a) Uphold the dignity, privacy and rights of his/her patient;

(b) Perform his/her functions with utmost diligence especially those related to care of patients
0 as not to inflict any harm on the patient;

(c) Refrain from engaging in unacceptable practices such as:
(1) Receiving any form of payment from their patients;

(2) Accepting commission from laboratories, diagnostic facilities, pharmacies
for referring patients to these facilities;

(3) Obtaining excess and unused medicines, drugs and other materials from patients or the
supply source, without proper permission;

(4) Selling medicines, drugs and other materials to patients or their relatives;
(5) Selling free samples of drugs or other medicines; and

(6) Receiving money or any form of incentives from any pharmaceutical company for
prescribing their brand of drugs, medicines and other materials.

(d) Treat his/her superiors, subordinates, co-workers and patient's relatives with utmost
respect; and

(e) Observe the provisions of Republic Act 6675 also known as the Generics Act of 1988 and
Republic Act 9502 also known as the Cheaper and Quality Medicines Act of 2008; and


15

(g) 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.

SEC 34. Responsibilities of Accredited Residency Training Institutions. — In addition to
the enforcement of the provisions of Section 31 of this Act, accredited residency training institutions
shall have the following responsibilities:

(a) Regular submission of the names of residents in their institution to the Board; and
such other relevant information;

(b) Provision of the necessary logistics, equipment, and other medical supplies to
residents while undergoing residency training; and

(c) Conduct periodic evaluation of competencies acquired by residents per year level.

SEC. 35. Grievance System. — A grievance system is hereby established, wherein any
aggrieved party may seek redress in accordance with the following rules and procedures:

(a) A complaint must be filed with the Committee on Policies, Standards and Ethics,
hereinafter referred to as the “Committee”. The Committee shall rule on the complaint through a
notice of resolution within sixty (60) calendar days from receipt thereof;

(b) An appeal from the decision of the Committee must be filed with the Board within
thirty (30) calendar days from receipt of the notice of resolution;

(©) The Board shall promptly and expeditiously issue its decision or resolution on each
appeal or grievance within sixty (60) days from the date it is submitted to it for determination;

(4) _Non-observance of the periods set forth in this Section shall subject the responsible
officer or employee to the penalties prescribed under Section 37 of this Act; and

(e) __Alldecisions by the Board shall be considered final and executory.

SEC. 36. Hearing Procedures of the Committee. — Upon the filing of the complaint, the
Committee, after consideration of the allegations thereof, may dismiss the case outrightly due to lack
of verification, failure to state the cause of action, or any other valid ground for the dismissal of the
complaint after consultation with the MRB; or require the respondent to file a verified answer within
five (5) days from service of summons.

In case the respondent fails to answer the complaint within the reglementary five-day period
herein provided, the Committee, motu propio or upon motion of the complainant, render judgment as
may be warranted by the facts alleged in the complaint and limited to what is prayed for therein.

After an answer is filed and the issues are joined, the Committee shall require the parties to
submit, within ten (10) days from receipt of the order, the affidavits of witnesses and other evidence
on the factual issues defined therein, together with a brief statement of their positions setting forth
the law and the facts relied upon by them. In the event that the Committee finds, upon consideration
of the pleadings, the affidavits and other evidence, and position statements submitted by the parties,
that a judgment may be rendered thereon without need of a formal hearing, it may proceed to render
judgment not later than ten (10) days from the submission of the position statements of the parties.

In cases where the Committee deems it necessary to hold a hearing to clarify specific factual
matters before rendering judgment, it shall set the case for hearing. At such hearing, witnesses
whose affidavits were previously submitted may be asked clarificatory questions by the proponent
and by the Committee and may be cross-examined by the adverse party. The order setting the case
for hearing shall specify the witnesses who will be called to testify, and the matters which their
examination will pertain to. The hearing shall be terminated within fifteen (15) days, and the case
decided upon by the Committee within fifteen (15) days from such termination


16

The decision of the Committee shall become final and executory fifteen (15) days after notice
thereof: Provided, however, That the same may be appealable to the MRB within thirty (30) days
from receipt of the copy of the judgment appealed from. An appellee shall be given fifteen (15) days
from notice to file a memorandum after which the MRB shall decide on the appeal within sixty (60)
days from the submittal of the said pleadings.

The decision of the MRB shall also become final and executory fifteen (15) days after notice
thereof: Provided, however, That the same may be reviewed by the Supreme Court on purely
questions of law in accordance with the Rules of Court.

The Committee and the MRB, in the exercise of their quasi-judicial functions can administer
oaths, certify to official acts and issue subpoena to compel the attendance and testimony of
witnesses, and subpoena duces tecum and ad testificandum to enjoin the production of books,
papers and other records and to testify therein on any question arising out of this Act. Any case of
contumacy shall be dealt with in accordance with the provisions of the Revised Administrative Code
and the Rules of Court. The MRB or the Committee Ethics, as the case may be, shalll prescribe the
necessary administrative sanctions.

In alll its proceedings, the MRB or the Committee shall not be bound by the technical rules of
evidence: Provided, however, That the Rules of Court shall apply with suppletory effect.

SEC. 37. Violations. - Any accredited residency training institution and/or any of its resident
that have been found violating any provisions of this Act shall have 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 institution. In the case of
residents, he/she shall not be given a certificate of completion of residency training by the Board and
shall be removed from the residency training program.

ARTICLE VI
REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION

SEC. 38. Acts Constituting the Practice of Medicin
practice of medicine:

The following are acts constituting

a. __ Physically examining any person for any disease,
treating, operating, prescribing or dispensing any remedy therefor;

\jury and deformity, or diagnosing,

b. Examining a person's mental condition for any ailment, real or imaginary, regardless
of the nature of the remedy or treatment administered, prescribed or recommended;

c. Offering or undertaking to diagnose, treat, operate or prescribe and administer any
remedy for any human disease, injury deformity, physical or mental condition either personally or by
means of signs, cards or advertisements by way of mass media or any other means of
communication;

d. Using or affixing “M.D.” with his/her name in written or oral communications. Unless
specified, the letters “M.D.” shall mean Doctor of Medicine, provided that only those who have
passed the physician's licensure examination are allowed to use the title M.D.; and

. Conducting formal medical classes in medical schools, seminars, lectures, symposia
and the like.


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SEC. 39. Exceptions. - (1) For purposes of this Act, medical students, clinical clerks, and
interns attending to patients shali not be considered as engaging in the practice of medicine,
provided, that they are attending to patients under the direct supervision and control and under
presence of a duly licensed physician.

Foreigners who intend to undergo, or are undergoing residency or fellowship training or
otherwise under training shall obtain the required special permit from the Commission.

(2) Any non-medical person trained, certified, licensed to carry out specific interventions in
emergency situations to save lives and/or limbs according to the level of competence determined by
their training and certifying examinations.

(3) Non-medical educators who have attained a master's or a doctoral degree on a specific
field in the basic sciences in the medical field.

SEC. 40. Reciprocity. - A foreigner may be allowed to practice medicine in the Philippines
without having to undergo the physicians licensure examination, if and when, the country of which
the foreigner is a citizen, allows Filipino citizens to practice medicine under the same conditions such
as but may not be limited to the following:

(a) The country of which the foreigner is a citizen, imposes the same academic and
training requirements for its citizens to be able to practice medicine;

(b) There is a reciprocity agreement, executive agreement or international agreement, or
treaty to this effect, signed by both government of the Philippines and the country of which the
foreigner is a citizen, and

(c)__ The foreigner must show documents that he is allowed by his/her country’s regulatory
body to practice medicine in his country. The documents may be equivalent to the PRC ID card or
Certificate of Registration issued by the Philippine Professional Regulation Commission.

SEC. 41. Special Permits to Practice Medicine in the Philippines. - In the absence of
reciprocity agreement, executive agreement or intemational agreement, or treaty, a foreigner may be
allowed to practice in the Philippines subject to the following conditions:

(a) He/she must obtain a special permit from the Professional Regulation Commission;

(b) The special permit shall specify the purpose, the limitations, the place of practice of
the foreigner and such other conditions as may be imposed by the Commission such as but not
limited to:

1. A period of not more than one (1) year subject to renewal or extension, provided, that
the renewal or extension shall be under the same process and requirements as hereinabove
described;

2. The specific area of medical specialization;
3. The specific place of practice, such as clinic, hospital, center, medical school as the
case maybe;

(c) Payment of the required fees; and

(d) Undertaking that the foreigner shall conduct himself according to the Code of Ethics
of Medical Practice in the Philippines.

The PRC may issue a special permit to foreigner not covered by reciprocity rule or under
Section 40 hereof under the following guidelines:

(1) Physicians licensed in countries of which he/she is citizen whose services are for free,


18

provided however, that a reasonable honorarium may be allowed for his daily subsistence during
his/her stay in the Philippines:

(2) Physicians who are internationally well-known specialists or publicly acknowledged as
experts in any area of medical specialization; and

(3) Physicians of foreign countries whose services are urgently necessary, owing to the
lack of available local specialists/experts, or for the promotion or advancement of the practice of
medicine including, but not limited to, the conduct of formal classes or training, acting as resource
persons in medical seminars, fora, symposia and the like;

(4) Physicians licensed in foreign countries who intend to render free medical services to
indigent patients in a particular hospital, center or clinic, provided, however, that they render such
services under the direct supervision and control of a duly licensed Filipino physician; and,

(5) Physicians licensed in foreign countries employed as exchange professors in any
area of medical specialization.

SEC. 42. Administrative Investigation and Disciplinary Actions. — The PRBM shall have
the power, upon proper notice and hearing, after finding of guilt, to suspend from the practice of
profession or revoke the certificate of registration of a physician, or issue a reprimand or cancel the
Special/Temporary permit or Temporary Training Permit issued to a foreign physician for any of the
following grounds/causes:

(a) _ Final conviction by a court of competent jurisdiction of any criminal offense involving
moral turpitude;

(b) Immoral or dishonorable conduct;
(c) Mentally incapacitated;

(d) Fraud in the acquisition of the certificate of registration and the professional
identification card or temporary/special permit or temporary training permit;

(e) Gross negligence, ignorance or incompetence in the practice of his/her profession,
resulting in an injury to or death of the patient;

(f) Addiction to alcoholic beverages, to any habit forming drug or to any form of illegal
gambling, rendering him incompetent to practice his/her profession;

(g) Making or causing to be made false, misleading, extravagant or unethical
advertisements or making or causing to be made advertisements wherein things other than his
name, profession, limitation of practice, clinic hours, office and home address are mentioned;

(h) Issuance of any false statement or spreading any false news or rumor which is
derogatory to the character and reputation of another physician without justifiable motive;

() Knowingly issuing any false medical certificates and/or findings or making any
fraudulent claims with government or private health insurance;

0} Performance of, or aiding in, any criminal abortion;

(k) Allowing one's self as the ghost physician or as tool of any person who is unqualified
or unlicensed to practice general or specialty practice of medicine, except in aid of training of a
medical student or resident physician. Provided however, that this provision shall not apply when an
act constituting the practice of general or specialty medicine is performed in a hospital, clinic or
medical center as an accredited practitioners of training hospital, clinic or medical center. A ghost
physician is one who makes it appear to be the person who has actually treated a patient when in
fact it was another person other than him and on the basis of which he accepted professional fee;


19

(1) betting or assisting in the illegal practice by a person who is not lawfully qualified to
practice medicine, either general or specialty medicine;

(m) Using or advertising any title or description tending to convey the impression to the
general public that he/she is a specialist in a field of medical specialization when in fact he/she is
not. A specialist is a licensed physician who has undergone training in a residency training program
of a specialty duly recognized by AIPO of physicians and has passed the corresponding specialty
board certification;

(n) __ Practicing his/her profession during the period of his suspension or during the period
that his/her license is revoked;

(0) Willful failure or refusal to be a member of good standing of the AIPO of physicians;
and

(P) _ Violation of any provision of the Code of Ethics for Physicians as prescribed by the
AIPO of physicians, subject to approval by the Commission;

SEC. 43. Rights of the Parties. — The private complainant and the respondent physician
shall be entitled to counsel and be heard in person, to have a speedy and public hearing, to confront
and to cross-examine witnesses, and to all other rights guaranteed by the Constitution and the rules
of Court. All cases filed or pending under this Act, except those filed or pending in courts and other
quasi-judicial and investigative bodies, shall not be discussed or taken up in any forum until after the
same shall have been decided with finality

SEC. 44. Appeal from Judgment. - The decision of the PRBM shall become final fifteen
(15) days from the date of receipt of such decision by the parties or their counsel, whoever receives
first. Within the same period, the aggrieved party may ask for a reconsideration of the decision for
being contrary to law or for insufficiency of evidence. No second motion for reconsideration to the
PRBM shall be allowed. A decision of suspension, revocation of the certificate of registration or
removal from the roll by the PRBM as provided herein may be appealed to the PRC within fifteen
(15) days from receipt thereof.

SEC. 45. Re-issuance of Revoked Certificate of Registration and Professional
Identification Card and Replacement of Lost Certificate of Registration and Identification
Card. — After two (2) years, the PRBM may order the reinstatement of any physician whose
certificate of registration has been revoked, if the respondent has shown that he/she has acted in an
exemplary manner in the community.

A new certificate of registration or professional identification card that has been lost,
destroyed, mutilated or otherwise could no longer be used for its purpose, may be issued, subject to
the rules imposed by the PRC.

SEC. 46. Mandatory Use of Certificate of Registration, Professional and AIPO
Membership Card and Professional Tax Receipt Number. - A registered physician shall indicate
his/her certificate of registration number, the number and the expiry date of the professional
identification card and his/her AIPO for physician membership card, and the Professional Tax
Receipt number on the prescription and other documents he/she signs, uses or issues in connection
with the practice of his/her profession.

SEC. 47. Vested Rights. - All physicians registered at the time this Act takes effect shall be
automatically registered under the provisions hereof, without prejudice, if any, to the other
requirements herein set forth.

All physicians whose names appear at the Registry/Roll/Roster of Physicians at the time of
the effectivity of this Act shall automatically be registered by the PRBM and the Commission as
physicians and, thereafter, by the AIPO of physicians as its bona fide’ members pursuant to Section
24 of this Act.


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SEC. 48. Integration of the Profession. - The profession shall be integrated into one (1)
national Accredited Integrated Professional Organization (AIPO) of Physicians to be duly recognized
and accredited by the PRBM and the PRC. A physician duly registered and licensed by the PRBM
and the PRC shall automatically become a member of the AIPO of physicians and shall receive the
benefits and privileges appurtenant thereto upon payment of required fees and dues. Membership in
the AIPO of physicians shall not be a bar to membership in any other association of physicians.

SEC. 49. Mandatory Continuing Professional Development. - The PRBM shall implement
a mandatory continuing professional development physicians consistent with the guidelines of the
Continuing Professional Development (CPD) as shall hereafter be promulgated by the PRC.

ARTICLE VI
PENAL PROVISIONS

SEC. 50. Penalties. — (a) The penalty of imprisonment of not less than one (1) year but not
exceeding five (5) years, or a fine of not less than Two Hundred Thousand pesos (P200,000.00) but
not exceeding Five Hundred Thousand pesos (P500,000.00), or both, upon the discretion of the
court, shall be imposed upon:

(1) Any person who practices or offers to practice medicine in the Philippines without a
valid certificate of registration and a valid professional identification card, or a valid temporary/special
permit/temporary training permit in accordance with the provisions of this Act;

(2) _ Any person using or attempting to use as his/her own the certificate of registration or
professional identification card or temporary/special permit/temporary training permit duly issued to
another;

(3) Any person who shall give any false or forged documents, credentials and any other
proof of any kind to the PRBM or PRC in order to obtain a certificate of registration or professional
identification card or temporary/special permit/temporary training permit;

(4) Any person who shall falsely present himself or herself as any bona fide registrant
with like or different name;

(5) Any person who actually engages in the practice of medicine without complying with
Section 38 hereof, and without any Certificate of Registration;

(6) _ Any person who shall attempt to use a revoked or suspended certificate of registration
or a cancelled or expired temporary/special permit;

(7) Any person who shall use or advertise any title or description tending to convey the
impression to the general public that he/she is a registered and licensed physician or specialist when
in fact he/she is not; and

(8) When any of the acts defined in paragraphs 5 and 6 of this section is committed by a
person against three (3) or more persons, or when any of such acts is committed by at least three (3)
persons who conspire with one another, or when death occurs as result of the commission of the
prohibited act mentioned in paragraph (k) of Section 42 of this Act, the offense shall be considered
as a qualified offense and shall be punished by life imprisonment and a fine of not less than Five
Hundred Thousand Pesos (P500,000.00) but not more than two (2) Million pesos (P2,000,000.00).
Prosecution of offense under this Act shall be without prejudice to a separate prosecution under the
provisions of the Revised Penal Code and other laws.

SEC. 51. Cease and Desist Order. - Upon written motion by any interested party and after
notice and hearing, the PRBM may issue cease and desist order to a person not authorized to
practice medicine. However, if it is shown in the affidavit/s attached to the motion that the movant or
the general public will suffer grave injustice or irreparable injury, the chairperson of the PRBM, or in


21

his/her absence, any PRBM member holding office may issue within seventy-two (72) hours the
cease and desist order. The Rules of the Court is suppletory for this purpose.

The PRBM and the PRC shall file an appropriate case for contempt of court against any
person who failed, or refuse to obey, the cease and desist order.

ARTICLE VII
MISCELLANEOUS PROVISIONS

SECTION 52. Annual Report. - The PRBM shall, on or before the end of January of the
year following the enactment of this Act, submit to the PRC its annual report of accomplishments on
programs, projects and activities for the calendar year together with its appropriate
fecommendations on issues or problems affecting the practice of medicine.

SEC. 53. Appropriations. — The funds needed to implement the provisions of this Act shall
be included in the annual General Appropriations Act.

SEC. 54. Implementing Rules and Regulations. — Within ninety (90) days after the
approval of this Act, the CHED, PRC, and DOH, in consultation and coordination with appropriate
government agencies, representatives from the private sector, and other stakeholders, shall
promulgate the necessary implementing rules and regulations for the effective implementation of this
Act.

SEC. 55. Transitory Provisions. - The incumbent Board of Medicine shall continue to
function in the interim until such time as the PRBM shall have been constituted pursuant to this Act.

SEC. 56. Separability Clause. — If any clause, provision, paragraph or part hereof be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part
hereof but such judgment shall be merely confined to the clause, provision, paragraph or part directly
involved in the controversy in which such judgment has been rendered.

SEC. 57. Repealing Clause. — Republic Act No. 2382 also known as “The Medical Act of
1959", all laws amending the said Act, all other laws, decrees, executive orders and other
administrative issuances and parts thereof which are inconsistent with the provisions of this Act are
hereby modified, amended, superseded or repealed accordingly.

SEC. 58. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circulation in the
Philippines.

Approved,