SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
birst Kegular Session

HOUSE OF REPRESENTATIVES
H.B. NO.

Introduced by: Cong. Eugene Michael B. de Vera
ABS Partylist

EXPLANATORY NOTE

This bill seeks to integrate the Philippine Medical Association, Inc. (PMA), the
existing umbrella organization of the medical profession, the Accredited Professional
Organization (APO) of Physicians by the Professional Regulation Commission (PRC). By
way of integration, it makes the PMA as a partner of the government in the improvement of
the country’s health care service and delivery system. It is basically designed to ensure and
preserve the integrity, competence, accountability, and accessibility of the medical
profession.

As a background, the PMA is a duly registered non-stock, non-profit organization. It
was founded, 15 September 1903 or during the American period, 111 years ago

PMA is ackn: dg
to in many laws of the country, PMA is an “institution”, registered in the National Historical
Institute. PMA is also recognized as one of the Professional Medical Regulatory Authorities
(PMRA) in the Asean Mutual Recognition Agreement ( MRA ) . The other being the
Professional Regulation Commission Board of Medicine ( PRC-BOM )

he Philippine Medical Association (PMA) for its entire 111 years of existence has
been the mother organization of physicians. It is recognized by International Medical
Organizations like the World Medical Association (WMA), the World Health Organization
(WHO), the MASEAN (Medical Association of South East Asian Nations, the Confederation
of Medical Associations in Asia and Oceana (CMAAQ), American Medical Association, all
agencies of our government, and private organizations.

PMA has contributed much to the development of health care in the country. PMA
was instrumental in the creation of what is now known as the Department of Health, the
University of the Philippine College of Medicine, the Medicare Commission (Philhealth now)

and the PMA Code of Et

The PMA brings together the entire medical profession under one roof to serve as
authoritative source of information on health, disease and medical practice. It is responsible

forthe training of specialists trough its Specialty Societies. It is responsible forthe sustained
excellent healtheare delivery through its conti edi

program of



clinical practices, guidelines, directly or through the specialty societies. It polices its ranks
through the PMA Code of Ethics.

The PMA has eight specialty divisions such as Pathology, Radiology, Anesthesiology,
Surgery, Intemal Medicine, Pediatrics, Obstetrics and Gynecology and Family Medicine. All
of these specialty divisions have several sub-specialty societies.

‘There are 28,000 physicians who are active members of the PMA. Membership in the
PMA is coursed through the Component Society. There are presently 118 Component
Societies, which is the basic unit of the PMA, equitably distributed in all regions of the
country. All provinces and cities in the Philippines have Component Societies, more
popularly known as medical societies

‘A group of these medical societies form a region or regional council. The Board of Governors
exercise control and supervision over the regional councils and the components societies. The
Board of Governors has the power to realign regions and component societies and further the
power to create new component society or de-list existing ones.

Aside from its by-laws, the PMA has codes governing its affairs and the conduct of its
members. Among its codes are the Administrative Code, Code of Professional
Specializations, the Code on Continuing Medical Education, Code of Ethics, the Election
Code, and Mutual Aid Code and Guidelines on Protocol and Procedures and Guidelines on

Affiliate Socictics.

For the benefit of its members, the PMA and its Specialty Societies conduct periodic
seminars, workshops and conventions educating its members on the latest medical technology
and medicines. Its Specialty Societies determine the specialists in the various fields of
medicine.

There is no other medical organization that possesses the breadth, composition,
membership and nationwide coverage of the PMA. In almost all matters affecting health or
the medical profession, the government seeks the advice of the PMA.

Further, this proposed legislation wants to get rid of the so called misfits in the
medical protession or those found to be negligent in their practice, The negligent acts of some
doctors have led to a spate of incidents where patients die, are maimed or scarred, ot suffer
physical injuries.

Under existing laws, a patient has three (3) options to remedy or punish such
negligent acis, one is the filing of a criminal action under the Revised Penal Code under
Article 365 (reckless imprudence), the second is the filling of a civil case for the recovery of
damages and the third is the filling of a case before the Professional Regulations
Commissions (PRC) for the revocation of the license of the door.

a. Court or administrative actions are time consuming since the courts and the PRC's
dockets are already clogged:

b. Itentails considerable expense;

Court or administrative actions involve too much technicalities.


‘This bill provides a patient with a fourth and perhaps the most efficient remedy by
filing a case with an integrated professional medical organization. The medical profession,
just like the legal nope ‘once siege shall mean that no doctor can posi his / her
pro! a
aggrieved patient may now seek the revocation of membership of a doctor in that integrated
professional medical organization.

This bill in making the PMA as the integrated professional medical organization,
mandates all physicians who are engaged or will engage in the practice of medicine to
become members of the PMA. It likewise becomes a professional medical organization that
can serve as an extension of the government at no cost in regulating the medical profession,
maintaining the high standard and ethical conduct of medical practitioners, and help in the
continued efficient and quality delivery of health care and service.

In view of the foregoing, passage of this bill is earnestly sought.

rw, g ge hi Ihe
Le ee
‘GENE MICHAEL B. DE VERA


37

Republic of the Philippines

Seventeenth Congress
First Regular Session

5074

HOUSE BILL NO.

INTRODUCED BY ABS PARTYLIST CONG. EUG!

E MICHAEL B. DE VERA

AN ACT
INTEGRATING THE MEDICAL PROFESSION OF THE PHILIPPINES

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

SECTION 1. — Title — This Act shall be known and cited as the “INTEGRATED MEDICAL
PROFESSIONAL ORGANIZATION ACT OF 2017”

SECTION 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 an
integral part of the total health care system. Integrating the practicing physicians under one
medical professional organization will further streamline the attainment of these objectives.

SECTION 3. ~ Objectives

1. To assist the Regulatory Board of Medicine in the implementation of its policies,
Rules and Regulation in the supervision, control and regulation of the practice of
Medicine.

2. To help government agencies in improving the distribution of health providers and the
delivery of health care to the community

3. To enable the Medical Profession to discharge its social responsibilities more
effectively.

4. Promotion of Alternative Dispute Resolution through mediation to achieve speedy
and impartial justice and reduce law suits,

5. Promote a continuing program of medical research, and make reports and recommend
them

6. To elevate the standards of the Medical Profession.

7. Promotion of competence, moral values, ethical and professional attitude of
Physicians.

8. Cultivate among its members a spirit of cordiality and brotherhood

9. Promotion of continuing Medical Education.

10. Safeguard the professional interest of the members.

11. Supervise the conduct of Specialization process of Specialty organizations.

SECTION 4. — Integration — The Philippine Medical Association, Inc. (PMA) as the
recognized Accredited Professional Organization of Physicians (APO) is hereby integrated as
the Official Integrated Professional Medical Organization of the Philippines. PMA as the


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Integrated Medical Professional Organization of the Philippines, in coordination with the
Regulatory Board of Medicine shall implement the integration of the medical profession in
accordance with the provisions of this Act. The Provisions of this Act shall prevail over that
of the Philippine Medical Association.

SECTION 5. ~ Organization — The organizational structure of the PMA as a non stock, non-
profit corporation duly registered with the Securities and Exchange Commission shall be
retained , however, PMA is enjoined to amend its constitution and By Laws to conform with
that of the Provisions of this Act, including its Implementing Rules and Regulations.

SECTION 6. Membership — All Physicians duly registered by the Regulatory Board of
Medicine either in the private practice of medicine or in the government services shall
become members of the PMA. Membership in good standing in the PMA shall be a
mandatory and continuing condition for the legal practice of medicine in the Philippines.

SECTION 7. - Power and Functions of the Integrated Medical Professional Organization -
‘The Association shall have the following powers and functions:

a. Keep a roster of all physicians who were issued Certificate of Registration by the
Regulatory Board of Medicine and those in active practice of the profession;

b. Issue valid identification card to members of the profession in active practice:

c. Recommend to the President of the Philippines appointees to the Regulatory Board of
Medicine;

. Set general guidelines for the establishment of medical associations and accredit the
same. In this regard, all existing medical associations shall, within one (1) year from
the effectivity of this Act comply with the guidelines;

c. Investigate motu propio, or upon complaint by any person, any ground for
administrative sanctions, reprimand, suspension or expulsion from membership,
against members of the profession and recommend to the Regulatory Board of
Medicine appropriate sanctions against the erring member;

f, Investigate allegations of illegal practice by non-members of the profession, and
initiate the prosecution of the same to protect the profession.

g. Undertake mandatory continuing medical education on the members in coordination
with the Regulatory Board of Medicine.

h. Supervises the Specialty organizations in their specialization process, and their
activities,

i, Exact reasonable dues from all the members of the profession in active practice; and

j, Undertake such matters that will strengthen the profession and protect it against
persons engaged in illegal practice.

SECTION 8. - Professional Specializations - PMA as the Integrated Medical Professional
Organization shall supervise the conduct of specialization process and the activities of its
Specialty Organizations. Specialty Organizations shall coordinate with the Integrated Medical
Professional Organization any amendment to its organizational structure or any major policy
changes.

Specialty organizations shall determine the requirements and criteria for specializations,
regulate and accredit training programs, conduct the certification process and confer the
specialization in coordination with the Regulatory Board of Medicine and the Integrated
Medical Professional Organization. They must submit the list of certified specialist to the


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Integrated Medical Professional Organization and the Regulatory Board of Medicine and
shall update the same as often as necessary

Due consideration must be given to Physicians who have completed the training
programs accredited by the Specialty organizations, or by the Department of Health prior to
1988 when the department was still certifying DOH Specialists, and those who have acquired
adequate expertise through long years of practice, who are already practicing the
specialization as of the date of implementation of this Act. Specialty organizations must
promulgate policies to allow selectively the above group of physicians to practice the
specialization and to continue to assist them to become certified specialists.

SECTION 9, - Complaints ~ The PMA as the Integrated Medical Professional Organization
shall have the authority to hear and decide professional and administrative complaints against
its members. It shall prescribe its rules of procedure that shall govern the conduct of its
proceedings. The rules shall be liberally construed and the technical rules of procedure on
evidence shall not be strictly applied in order to have a speedy, just and efficient resolution of
cases.

In this regard, the PMA as the Integrated Medical Professional Organization shall
exercise its authority to hear and decide professional and administrative complaints against its
members through the PMA Commission on Ethics and assisted by at least one legal counsel
and shall be headed by a Chairman, a respected member of the association.

SECTION 10. — Grounds — A person may file a verified complaint in the PMA as the
Integrated Medical Professional Organization of the Philippines against any member thereof
on the following grounds:

a. gross negligence, ignorance or incompetence in the practice of his / her profession;

b. conviction by a court of competent jurisdiction of any criminal offense involving
moral turpitude;

c. immoral or dishonorable conduct;

d._ insanity;

e. fraud in the acquisition of the certificate of registration, and professional license or

renewal thereof,

addiction to alcoholic beverages or to any habit-forming drug rendering him or her

incompetent to practice his or her profession;

false or extravagant or unethical advertisement;

performing or aiding in any criminal abortion;

knowingly issuing any false medical certificate;

issuing any statement or spreading any news or rumor which is derogatory to the

character and reputation of another physician without justifiable motive:

k. aiding or acting as a dummy of unqualified or unregistered persons to practice
medicine; or

1. Violation of the Code of Ethics of the PMA.

Sse

SECTION 11, — Penalties - The PMA as the Integrated Medical Profession Organization of
the Philippines shall impose the penalties of reprimand, suspension or expulsion depending
on the gravity of the offense. If any of the grounds enumerated in Section 9 hereof shall result
in the death or permanent disability of a patient the highest penalty of expulsion shall be
imposed.


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SECTION 12. — Medical Malpractice Mediation To promote party autonomy in the
resolution of disputes in accordance with RA. 9285 ( An Act to institutionalize the use of an
alternative dispute resolution system in the Philippines and to establish the office for
alternative dispute resolution and for other purposes.) on Alternative Dispute Resolution
(ADR), complaints on Medical Error or Malpractice must be lodged with the PMA first
before being elevated to the Regulatory Board of Medicine or the Court if unresolved. To
achieve speedy and impartial justice to de-clog case dockets.

PMA as the Integrated Medical Organization shall set up a mechanism through its
Commission on Ethics in mediating complaints of patients against physicians for medical
errors or malpractice to head off a malpractice law suit. For convenience and accessibility to
complainants, the committee on Ethics of the Componeni Societies may be tapped.

SECTION 13. ~ Implementing Rules and Regulations (IRR) ~ The PMA as the Integrated
Medical Professional Organization in coordination with the Regulatory Board of Medicine
shall promulgate the necessary implementing rules and guidelines of this Act for its effective
implementation within 90 days from the approval of this Act. The IRR shall take effect after
fifteen (15) days following their publication in two (2) daily newspaper of general circulation,
Where there is conflict with the provisions of the constitution and By Laws of the Philippine
Medical Association, Inc. the provisions of this Act shall prevail

SECTION 14, — 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.

SECTION 15. ~ Repealing Clause ~ Provisions on the integration of the Medical Profession
of Republic Act No. 2382 also known as “The Medical Act of 1959, as amended by
Republic Act Nos. 4224 and 5946, and in all laws amending said Act, as well as all issuances
to implement the same integration, are hereby repealed. Ail 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 repeaied accordingly
SECTION 16. ~ Effectivity ~ This act shall take effect fiftcen (15) days after its publication
in the Official Gazette or in any major leading newspaper of national circulation, whichever
is earlier

Approved,

flaw Glo

EUGENE MICHAEL B. DE VERA
Representative, ABS Partylist