Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

7221

HOUSE BILL NO.

Introduced by Representative Divina Grace C. Yu

EXPLANATORY NOTE.

The proposal seeks to update the professional regulatory law to govern the practice of
‘occupational therapists in the country. Since 1969, Republic Act 5680: An Act Creating the Board for
Physical Therapists and Occupational Therapists has been the basis for its regulation and has never
been amended to respond to current global trend and national development.

Occupational Therapy (OT) is a separate and distinct health profession from Physical
‘Therapy (PT) by definition, scope of practice and educational requirements. Occupational Therapy
has its own professional association, the Occupational Therapy Association of the Philippines, Inc.
(OTAP), now Philippine Academy of Occupational Therapists, Inc, which is recognized by the
Professional Regulation Commission (PRC) and duly registered with the Securities and Exchange
Commission (SEC). The organization is well recognized as a full member of the World Federation of
Occupational Therapists (WFOT) since 1968.

Upon the implementation of ASEAN MRA‘s which include health professionals, the already
highly marketable Filipino occupational therapists (more than 3000 as of the last OT licensure
examination) 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 occupational therapists.

Apart from this concern, there is an increasing and continuing local demand and continued
shortage of occupational therapy services due to the increasing prevalence of various developmental
disabilities (e.g. Autism, Attention Deficit Hyperactivity Disorder & Learning Disabilities) and a
burgeoning elderly population. Occupational therapy also has a vital role in disaster preparedness
and response as well as with working with those at risk for disabilities (e.g. victims of abuse /neglect,
children born prematurely or low-weight at birth, children born to mothers with substance abuse
disorder or diseases such as HIV/AIDS).

Mostimportantly, the current mandate of your service-oriented administration regarding the
Philippine Health Agenda, outcome-based education, as well as professional qualifications
framework can be considered as major changes that the OT profession needs to respond to.


Accordingly, it is imperative that occupational therapists align regulatory functions and
professional standards based on the changing healthcare needs both locally and internationally.
Professional standards and competencies among occupational therapists must be globally
competitive and at the same time nationally responsive.

In short, the bill simply aims to upgrade and update the competence, knowledge, skills and
attitude of the occupational therapists practicing in the Philippines to make them globally
‘competitive, socially responsive, and nationally accessible to Filipino children and persons with
disabilities.

In view hereof, approval of this bill is earnestly sought and recommfnded.

DIVINA GRACE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7221

C¥u

jroduced by Representative

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

ARTICLE
GENERAL PROVISIONS

SEC. 1. Short Title of Act. ~ This Act shall be known as “The Philippine Occupational Therapy Law of
2018".

SEC. 2. Statement 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 globally
competitive through inviolable, honest, effective and credible licensure examinations and 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
environment to better support their occupational engagement


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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 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’ 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 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

©.) 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

SEC. 4. Creation and Composition of the Board. ~ Within six months after the enactment of this Act, there
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
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;


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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,

4.) Adopt an official seal of the Board;

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

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

,) 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,

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 Ethics and Standards of Practice for occupational therapists endorsed by
the accredited and integrated professional organization of occupational therapists;

j,) 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 fecum 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
Commission;

m.) Administer the examinations to applicants for the practice of occupational therapy in
accordance with the provisions of this Act,

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

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

Pp.) 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;


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4.) 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 issued 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 therapist under this Act, with a valid certificate of registration
and professional license;
c.) 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
£) Has no pecuniary interest, directly or indirectly, in any school, college or university or
institution conferring an academic degree necessary for admission to the practice of
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 Commission, 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 judgment of crimes involving
‘moral turpitude, and manipulating or rigging of the licensure examination results, disclosure of secret and


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


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©.) A graduate of a Bachelor of Science in Occupational Therapy degree or its equivalent degree
as determined by the board from a school, college or university in the Philippines or abroad
‘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

.) Occupational Therapy Application I
1. Occupational Therapy Theories and Frames of Reference
2. Growth and Human Development
3. Occupational Performance and Behavior Across the Lifespan
4. Occupation-based practice
b.) Occupational Therapy Applications Il
1. Adult Physical Dysfunction
2. Occupational Therapy in Pediatrics,
3. Occupational Therapy in Geriatrics
4. Psychosocial Dysfunction
5. Community-based Practice

©.) Occupational Therapy Applications III
1. Professional Reasoning and Behavior
2. Professional Competence and Ethics
3. Organization, Administration and Management
4, 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

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 submit to the Commission the ratings obtained by each
candidate within ten (10) calendar days after the examination, unless extended for just cause


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SEC. 17. Issuance of the Certificate of Registration, Professional License, and Professional
Identification Card. ~ Registration and a professional license shall be issued to examinees that 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.

SEC. 18. Initial.— The initials OTRP which stands for Occupational Therapist Registered Philippines, shall
be used following the name of the registered occupational therapist, especially when signing documents
pertinent to the practice of the profession.

SEC. 19, Refusal to Register. ~The Board shall not 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. — Two 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 administer 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, the duration of validity,


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including the privilege tax receipt number on the document he/she signs, uses or issues in connection with
the practice of his/her profession.

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 each registered occupational therapist, his residence
and office addresses, the date of registration and issuance of certificates, and other data which the Board
may deem pertinent. The roster shall be open to the public, copies of which shall be mailed to each person
listed therein

SEC. 25. Issuance of Special and Temporary Permit. — Special or temporary permits upon
recommendation of the accredited and integrated professional organization of occupational therapists may
be issued by the Board subject to the approval by the Commission and payment of the fees the latter has
prescribed and charged thereof to the following persons;

1) Foreign-licensed occupational therapists called for consultation or a specified purpose that is
deemed essential to the development of the country; provided that, the practice shall be limited
‘only for the particular work being engaged; Provided further, that there is no Filipino therapists
qualified for such consultation or purpose.

2) Foreign-licensed occupational therapist/s whose service shall be free and is highly needed in a
particular setting;

3) Foreign-licensed occupational therapist/s engaged as professor, lecturer, or critic 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; for a period of not more than
‘one year subject to renewal, the branch or specialty of occupational therapy, and the specific place of
practice such as clinic, hospital, center, school/college/university offering the course of occupational

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therapy. The Board, subject to the approval by the Commission, shall prescribe rules and regulations on 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 therapist, or use the ttle, word, letter, figure,
or any sign tending to convey the impression of being an occupational therapist, nor advertise or indicate
in any manner whatsoever to be qualified to perform the work of an occupational therapist 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 himselffherself as an
‘occupational therapist 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 therapist during the time that his/ her professional license is
not valid or that his/her certificate of registration has been suspended or revoked, or that his/her
temporary/special permit is cancelled;

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

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

©) Violate any provision of the Code of Ethics as recommended by the accredited intemational
professional 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 of occupational therapists.

‘SEC. 29. Continuing Professional Development (CPD) Program. ~ All occupational therapists shall abide
by the requirements, rules and regulation on continuing professional development to be promulgated by the
PRC Regulatory Board, subject to the approval of the Commission, in coordination with the AIPO for


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‘occupational therapists or any duly accredited education institutions. For the purpose, a CPD council is
hereby created to implement the CPD program.

SEC. 30. Integration of Occupational Therapists. ~ The occupational therapy profession shall be
integrated into one (1) national professional organization of occupational therapists that is duly registered
with the Securities and Exchange Commission (SEC), 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
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 AIPO membership fees
and dues.

Membership in the Accredited Integrated Professional Organization (AIPO) shall not be a bar to
membership in other occupational therapy organizations

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 citizen
Permits Filipino 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 punishable by a fine of not less than Twenty Thousand Pesos (P20,
000.00) but not more than Fifty Thousand Pesos (PS0,000.00), or by imprisonment for not less than six
months, 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 program, the implementation of this Act, the funding of which
shall be included in the Annual General Appropriations Act.

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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, the Code of Ethics and
Standards of Practice for occupational therapists within thirty (30) days after the effectivity of this Act.

SEC. 35, 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.

SEC. 36. Separability Clause. — If any section or provision of this Act shall be declared invalid or
‘unconstitutional, such shall not invalidate any other section or provision of this Act.

SEC. 37. Repealing Clause. ~ All laws, decrees, orders, issuances or parts thereof which are inconsistent
with the provisions of this Act are hereby modified or superseded. Republic Act. No. 5680 is hereby
repealed.

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

Official Gazette or in a major newspaper of national circulation whichever comes earlier.

Approved,

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