Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE But No_5O67

Introduced by: HON. ALFREDO D. MARANON III AND HON, ANTHONY T.
GOLEZ IR,

EXPLANATORY NOTE

‘The Medical Act of 1959 bas been governing the practice of medicine in the
Philippines for 52 years, In the last 5 decades important changes in governance with the
creation of the Professional Regulation Commission (PRC) and the Commission on
Higher Education (CHED) have overtaken the wise and good intentions of Medical Act
of 1959 .

Today the making of a physician and the practice of his profession have become
the common domain of the PRC and the CHED, In addition over the same period,
dramatic advances in various disciplines in the science and technology of medicine have
revolutionized the diagnosis, trearment and managemem of diseases. These changes in
governance and the rapid progress of madera medicine dictate the relevance of upgrading
and updating the curriculum of the study and practice of medicine.

‘This bill incorporates a carefully crafted blending of the mission, vision and goals
of the PRC and the Philippine Medical Association (PMA) distilled from an impressive
sum total of more than 100 years experience of monitoring the medical profession in our
country

To meet the challenges of improving the quality of health care af our citizenry
and the imperatives of global competitiveness in medicine the passage of this bill is
deemed urgem

This bill was thoroughly discussed in the 14" Congress and in fact was approved
by the House

Approval of this bill is therefore urgently requested,

WAN,

HON. A) DB. MARANON It HON. ANTHONY LEZ JR,


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
2” Regular Session
HOUSE OF REPRESENTATIVES
HOUSE BILL No.__ 5067

Introduced by HONORABLE ALFREDO D. MARANON III and
ANTHONY GOLEZ

AN ACT REGULATING THE LICENSURE OF
PHYSICIANS AND PRACTICE OF MEDICINE IN THE
PHILIPPINES REPEALING FOR THE PURPOSE
REPUBLIC ACT NO, 2382 AS AMENDED AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
ARTICLEE
POLICY, OBJECTIVE AND IMPLEMENTATION

SECTION 1, Short Title — This Act shall be known as the “Physicians 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 a regular component of the total health care system.

SECTION 3. Objectives. — This Act provides for and shall govern the:

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

() Administration of the medical licensure examination, licensure and registration of
the physicians;

(©) Supervision, control and regulation of the practice of medicine;

(d) Integration of the profession into one national medical organization called the
integrated Philippine Medical Association; and,

(e) Promotion of competence, moral values and professional attitude of physicians

through the integrated Phifippine Medical Association;

SECTION 4. Enforcement. - For the purpose of implementing the provisions of this
Act, there shall be creuted the following:

(a) Council of Medical Education, hereinafter referred to as the Council, and
(b) the Professional Regulatory Board of Medicine, hereinafier referred to as the
Board

ARTICLE
THE COUNCIL OF MEDICAL EDUCATION

SECTION 5. Composition of the Council of Medical Education. — The Council of
Medical Education shall be the Technical Panel on Medical Education of the Commission
on Higher Education composed of the following:

is duly authorized
representative as chairperson, provided that his Authorized Representative shall

(a) The Chairperson of the Commission on Higher Education wi

be permanent and shall be a Commissioner of the CHE
(b) The Secretary of the Department of Health (DOH) or his duly authorized
permanent representative as member; provided that such Authorized

Representative shall be at least an UnderSecretary

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(©) The Chairperson of the Professional Regulatory Board of Medicine or his duly
authorized permanent representative as member;

(d) The President of the integrated Philippine Medical Association or his duly
authorized permanent representative as member; and

(e) The President of the Association of the Philippine Medical Colleges (APMC) or
his duly authorized permanent representative as member; and

‘The Chairperson and members of the Council shall hold office during their
incumbency in the respective institutions that they represent.

SECTION 6. Functions and Duties. — The Council shall have the following functions
and duties:

{a) To determine the requirements for admission into a recognized college of
medicine;

{b) To determine the minimum requirements for physica} facilities of colleges of
medicine such as buildings, hospitals, equipment, supplics, apparatus,
instruments, appliances, laboratories, bed capacity for instruction purposes,
‘operating and delivery rooms, facilities for out-patient services and others used
for didactic and practical instruction in accordance with modern trends;

(©) To determine the minimum number and the standard qualifications of teaching

personnel including student-teacher ratio;

(d) To determine the minimum required curricutum leading to the degree of Doctor of
Medicine including internship, when applicable;

(©) To accept applications and issue certificates of eligibility for admission to a
medical school and keep a registry of those issued with said certificate; and to
collect from said applicants reasonable fees as may be determined by the Council
which shall accruc to the operating funds of the Council of Medical Education;

Page 3-


(f) To recommend to the Commission on Higher Education the closure or suspension
of the degree of Doctor of Medicine program of a college of medicine when
called for based on the evaluation of the statistical information on the
performance of the said college in the physician licensure examination as
furnished by the Board of Medicine, and upon inspection of the medical college

by the Council for various deficiencies and/or violations;

{g) To select and approve hospitals or some departments of hospitals for training
which comply with the minimum requirements in cooperation with the
Association of Philippine Medical Colleges;

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

SECTION 7. Minimum Required Course. — The medical course Icading to the degree
of Doctor of Medicine shall be at Icast four (4) years and shall consist of the following
subjects:

(a) Anatomy and Histology

(b) Physiology

(©) Biochemistry and Molecular Biology

(d) Pharmacology and Therapeutics

(€) Microbiology and Parasitology

() Intemal Medicine

(g) Radiology

{h) General and Clinical Pathology and Oncology;

(Obstetrics and Gynecology

@ Pediatrics and Nutrition

(k) Surgery

@ Otorhinolaryngology

(m) Ophthalmology

(n) Psychiatry

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(0) Family Medicine, Preventive Medicine and Public Health
(p) Legal Medicine, Medical Jurisprudence

(q) Bioethics, Medical Economics

(8) Perspectives in Medicine

(8) Physical Diagnosis

Provided, That the Council may recommend to the CHED to rearrange, recluster,
integrate or revise the abovementioned subjects.

SECTION 8. Admission Requirements. —

(a) A medical college may admit any student who has not been convicted in a final
judgment by a court of competent jurisdiction of any criminal offense involving
moral turpitude and who presents all of the following:

(1) Record showing completion of a Bachelor's Degree in Science or Ans;

(2) Cettificate of

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

(4) Birth certificate duly authenticated by the Nationat Statistics Office (NSO):
and

(5) Proof of taking the National Medical Admission Test.

ility for entrance to a school of medicine from the CHED

Nothing in this Act shall be construed to inhibit any college of medicine from
establishing, in addition to the requirements set forth in this section, any other reasonable
entrance requirements relevant to the degree.

For the purpose of this Act, the term “College of Medicine” shall mean to include the
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 Council,
offering a complete medical course leading to the degree of Doctor of Medicine.

~Page 5-


(b)Every college of medicine shall keep complete records of enrollment, grades,
graduates and must publish each ycar a catalogue giving the following
information:

(2) 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) Requirement for graduation;

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

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

ARTICLE UL
THE PROFESSIONAL REGULATORY
BOARD OF MEDICINE

SECTION 9. Composition of the Board. — There shall be a Professional Regulatory
Board of Medicine, hereinafter referred to as the Board, under the administrative control
and supervision of the Professional Regulation Commission, hereinafter referred to as the
Commission, composed of a Chairperson, a Vice Chairperson and four (4) members to be
appointed by the President of the Philippines from among three (3) recommendees for
each position, chosen and ranked by the Commission from a list of five (5) nominees for
cach position submitted by the integrated Philippine Medical Association.

SECTION 10. - Powers and Duties- The Board shall be vested with the following
specific powers, functions, duties and responsibilitis

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


(b) Determine and evaluate qualifications of the applicants for registration with
physician licensure examinations and for special permits;

(c) Prepare the questions in the Physician Licensure Examinations in accordance
with recognized principles of evaluation and of pertinent provisions of Section 22,
Article IV of this Act; prescribe the syllabi of the subjects and their relative
weights for the licensure examinations; formulate test questions and deposit them
in a test question bank; draw the test questions through the process of
computerization; conduct the examination; correct and rate the examination
papers; and submit the examination results to the Commission within the period
provided under the rules of the Commission. The above test questions should be
consistent with the table of specifications and in congruence with the syllabi of
the Association of Philippine Medical Colleges (APMC).

(d) Determine, amend or revise the requirements for the subjects in the physician
licensure examinations and their relative weights and the manner of giving the

examination, subject to the approval of the Commission;

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

{0 Issue specialtemporary permits to foreign physicians to practice medicine for
specific projects and for a specific duration of time, in coordination with the
integrated Philippine Medical Association and the Department of Health;

(g) In coordination with the integrated Philippine Medical Association, administer
the qualifying examinations to foreign medical graduates who wish to train in
accredited residency/fellowship training programs in the Philippines and issue
‘Temporary Training Permits renewable annually;

(h) In coordination with the integrated Philippine Medical Association, look into the
conditions affecting the practice of medicine, adopt measures for the enhancement

of the profession, and the maintenance of high professional, technical and ethical

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@

a)

standards, and conduct ocular inspections of places where physicians practice
their profession.

Monitor the performance of medical schools in licensure examinations and
provide feedback to the Commission on Higher Education, medical schools and

the Association of Philippine Medical Colleges;

In coordination with the integrated Philippine Medical Association, promulgate
tules and regulations inchiding a Code of Ethics for Physicians, administrative

policies, orders and issuances to carry out the provisions of this Act;

(k) Investigate violations of this Act, Code of Ethics, and the rules and regulations,

(0)

administrative policies, orders and issuances promulgated by the Board or the
Commission. The rule on administrative Investigation promulgated by the

Commission shall govern in such investigation;

Issue subpoena ad testificandum or subpoena duces tecum to secure attendance of
respondents or witnesses as well as the production of documents relative to the
investigation conducted by the Board: Provided, That failure of the party to whom
a subpoena has been issued to comply therewith shall be punishable by way of
indirect contempt of the Board. For this purpose, the Board 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;

(m)At the Board’s discretion, delegate to the Chairperson, Vice Chairperson or any

member of the Board, or deputize the integrated Philippine Medical Association,
the hearing of an administrative case. Hf the case concerns strictly the practice of
medicine as defined in Section 27 hereof, the investigation shall be presided over
by a member of the Board: Provided, ‘That the power to cite a party in contempt
shall be issued exclusively by the Board, upon recommendation of the member

assigned to a case under investigation;

-Page 8-


(n) After due notice and hearing, cancel examination papers and/or bar any examinee
from future cxamination; 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 noncompliance with
the CME 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 from the roll by the Board as provided herein may be appealed to the

Commission within fifteen (15) days from receipt thereof;
(0) Administer the physician’s oath pursuant to Section 25 hercins

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

(a) Adopt an official seal;

(1) Coordinate with the Council of Medical Education and the integrated Philippine
Medical Association in prescribing, amending and/or revising the courses in a
medical program;

(8) Assist the Professional Regulation Commission in the implementation of its
prescribed guidelines and criteria on the Continuing Professional Education

(CPE) for registered/licensed physicians;

(1) Set the standards and guidelines for the issuance and re-issuance of certificates of

Tegistration; and,

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(u) Perform such other functions and duties as may be necessary to efficiently and
effectively implememt the provisions of this Act. The policies, resolutions, rules
and regulations, orders or decisions issued or promulgated by the Board shall be
subject to the review, revision and approval by the Professional Regulation
‘Commission. However, the Board's final decisions, resolutions or orders rendered

in an administrative case shall be immediately executory.

SECTION 11. Qualifications of the Board Members. - Each Board 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) Be at least forty (40) years old;

(c) Be a holder of a valid certificate of registration und a valid professional

identification card as a physician;
(d) Has been a medical practitioner for at least ten (10) years;
(c) Be a member in good standing of the integrated Phitippine Medical Association;

(0) Has not been convicted by final judgment by a competent court of a criminal

offense involving moral turpitude;

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

medicine;

(bh) Not be a current member of the faculty of an institute, school or college of
medicine nor have any pecuniary interest in any institution which offers and

operates the course or degree of Doctor of Medicine; and,

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( Not be connected as owner, officer, lecturer, faculty, consultant or have any
pecuniary interest with a review center/school/group or association offering

classes or lectures in preparation for the physician licensure examination.

SECTION 12, Term of Office. - The members of the Board shall hold office from the
date of their appointment for a term of three (3) years or until thei successors shall have
been appointed and qualified. They may, however, be reappointed for another term but
not for a third (3rd) term, Appointments to fill up positions created for causes other than
through expiration of regular terms shall be for the unexpired period only. Each member
shal} qualify by taking 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 appointed under this Act.

SECTION 13. Compensation of the Board Members. — The Chairperson, Vice
Chairperson and members of the Board shalt receive compensation and allowances or
other benefits pursuant to the provisions of the “PRC Modemization 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.

SECTION 14. Suspension or Removal of Board Member, — The President, upon
recommendation of the Commission after giving the member concerned an opportunity to
be heard by himself or counsel in a proper administrative investigation to be conducted
by the Commission, may suspend or remove any member of the Board on any of the
following grounds:

{a) Neglect of duty or incompetence;

(0) Unprofessional, unethical or dishonorable conduct;

(©) 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

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

SECTION 15. Administrative Management, Custody of Records, Secretariat and
Support Services. — The Board shall be under the administrative and executive
management of the Professional Regulation Commission, with the Commission
chairperson as the chief executive officer thereof. All records of the Board shall be under
the custody of 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.

SECTION 16. Implementing Rutes and Regulations. — The Board, with the approval of
the Commission, shall prescribe, issue and promulgate rules and regulations
implementing and carrying out the provisions of this Act, which shall take effect after
fifteen (15) days following their publication in the Official Gazette or in a major daily
newspaper of general circulation in the Philippines, whichever comes first.

SETION 17. Annual Report, — The Board shall, on or before the end of January of the
following year, submit to the Commission its annual report of accomplishments on
programs, projects and activities for the calendar year together with its appropriate
recommendations on issues or problems affecting the practice of medicine.
ARTICLE IV
PHYSICIAN LICENSURE EXAMINATION

SECTION 18, Examination Required — All applicants for registration, before they can
be issued a 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, subject to the payment of the fees prescribed by the Professional Regulation

Commission.

-Page 12+


SECTION 19. Qualifications of Applicants for the Physician Licensure
Examination — All applicants for the physician licensure examination shall have the
following qualifications:

{@) A citizen and resident of the Philippines or a citizen of a foreign country/state
which observes reciprocity in the practice of medicine with the Philippines;

(b) 1s mentally, emotionally and physically sound;

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

(@) 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 ot a degree conferred by a college of medicine abroad and
accredited by the CHED as substantially equivalent (0 the degree of Doctor of
Medicine offered by a Philippine College of Medicine, and;

(¢) Has completed one year of internship in a hospital accredited by the APMC.

Medical graduates will be allowed to take the licensure examinations for a
maximum of eight (8) times, to be taken within four (4) years after the end of internship.
SECTION 20, Venues and Schedule of Examinations - The Board shall give
examinations for the registration of physicians at Jeast twice a year in such places as the
Commission may designate in accordance with the provisions of Republic Act No. 8981,
otherwise known as the “PRC Modernization Act of 2000”.

SECTION 21, Registration, Issuance of Certificate of Registration and
Professional Identification Card; PMA Membership Card; Non-registration;
Grounds Therefor. — All successful examinees, upon compliance with all legal
requirements and payment of fees prescribed by the Commission, shall be registered and
issued certificates of registration and professional identification cards. They shall

-Page 13-


likewise be deemed members of the integrated Philippine Medical Association upon
compliance with all requirements and payment of compulsory ducs and shall be issued
the necessary identification cards proving such membership therein, upon presentation of
their certificates of registration and professional identification card. 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 Commission and the members of the Board
stamped with the seals of the Commission and the Board, certifying that the name of the
person stated therein appears in the Registry/Roster/Roll of Physicians under the custody
of the Commission; that the person has met or complied with all the legal requirements
for registration as a physician; and thal the person is entitled to exercise all the privileges
appurtenant to the practice of his/her profession, Provided, That he/she does not violate
this Act, the Code of Ethics for Physicians and the rules and regulations of the
Commission and the Board.

The professional identification card, which shall be valid for three (3) years, sball bear
the name of the registered/licensed physician, the registration number and the date of
issuance, and its date of expiry and, together with the membership identification card
issued by the integrated Philippine Medical Association, shall be sufficient evidence that
the physician can lawfully practice his/her profession.

A successful examinee who has been finally convicted by a competent court of a
criminal offense involving moral turpitude, or found guilty by the Board of dishonorable
or immoral conduct, or declared by a court to be of unsound mind shall not be registered.
The decision of the Board, finding the examinee guilty of dishonorable or immoral
conduct may be appealed by the examinee to the Commission within fifteen (15) days
from receipt of the Board’s decision or resolution, and to the Court of Appeals within the
same period from the receipt of the decision or resolution of the Commission, The facts
and the reasons for refusal to register sball be clearly stated in writing, communicated to
the examinee and duly incorporated in the records of the Commission.

SECTION 22. Scope of Examination - The Board shall see to it that the test questions
shall have relevant distributions to the knowledge, analytical and problem solving skills

of the examinees. The physician licensure examination shall cover the following twelve

~Page 14-


(12) individual or combined/clustered subjects with the relative weights for each one final

examination after completion of internship;

{a) Anatomy and Histology;

(b) Physiology;

(c) Biochemistry;

(d) Pharmacology and Therapeutics;

(e) Microbiology and Parasitology;

(®) Medicine;

(g) Pathology;

(6) Obstetrics and Gynecology;

(@) Pediatrics and Nutrition;

G) Surgery, Opthalmology, Otolaryngology and Rhinology;
(k) Preventive Medicine and Public health;

() Legal Medicine, Ethics and Medical Jurisprudence

When an urgent and important need arises in order to conform to technological
advancements and other changes, the Board, in coordination with the integrated
Philippine Medical Association and the Council, may revise the substance and the
conduct of such examinations,

Each of the twelve (12) subjects shall have its syllabus or table of specifications. The
Board shall apply cach syllabus after a lapse of three (3) months reckoned from the

concurrence of all the following requisites:

(@) Consultation with CHED and APMC
(>) Approval by the Commission
{c} Dissemination to all Colleges of Medicine through APMC

SECTION 23. Rating in the Examination — To pass the physician licensure

cxamination, an examinee must obtain a general average rating of at least seventy-five

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percent (75%) in all twelve (12) subjects, with no rating in any subject below fifty
percent (50%).

An examinee who obtains a general average rating of seventy five (75%) percent
or better but who obtains a grade below fifty (50%) percent in not more than three
subjects may be allowed to take the re-examination test for the subjects where he or she
fails provided the examinee takes the re-examination test within one year from the
examination. In this event, the examinee shall obtain a rating of seventy five (75%) per
cent in all the re-examined subjects to be considered as having passed the licensure
examination, otherwise, the examinee shall be consi

ed as having failed the licensure
examination and shall be required to take all the subjects anew.

SECTION 24. Report and Publication of the Results of Examination— The Board
shall report the rating of each examinee to the Commission within ten (10) days from the
last day of examination or any other period granted by the Commission. 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 Commission 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 exami
SECTION 25. Oath - All successful examinees shall be required.to take their oath
before the Board or any person authorized by the Commission to administer oath before

tion.

they are issued their certificates of registration and professional identification cards or
before they start the practice of the profession.

ARTICLE V
REGULATION OF THE PRACTICE
‘OF THE MEDICAL PROFESSION

SECTION 26. Prerequisites to the Practice of Medi
the practice of medicine in the Philippines ualess be/she:

1¢ — No person shall engage in

-Page 16-


(@) Holds a valid certificate of registration and a current, unexpired professional
identification card issued by the Professional Regulation Commission;

(b) Is a member in good standing of the integrated Philippine Medical Association
and its component society.

Subject to the limitations and conditions imposed under Section 28 herein, a
physician licensed in foreign countries may be allowed to practice medicine in the
Philippines provided a specialtemporary permit is issued by the Board and approved by
the Professional Regulation Commission.

A foreign doctor who has passed the qualifying examination given by the Board
in coordination with the integrated Philippine Medical Association and who is
undergoing specially training in an accredited residency training program may be allowed
to practice medicine provided a Temporary Training Permit, renewable annually, is
issued by the Board. Such doctor shall not charge any professional fee and shall only
practice medicine in an area directly related to the residency training program. During the
duration of the residency waining, such doctor shall be a Temporary Member of the
integrated PMA, subject to its rules and regulations and shall comply with the Code of
Ethics of the medical profession.

SECTION 27. Acts Constituting the Practice of Medicine. —
A person shall be considered as engaged in the practice of medicine under any of the
following circumstances:
(1) Diagnosing, treating, operating, dispensing, or prescribing any remedy for any
disease, injury or deformity;
(2) Examining a person's mental condition for any ailment, real or imaginary,
regardless of the nature of the remedy or treatment administered, dispensed,

prescribed or recommended;

(3) Offering or undertaking to diagnose, treat, operate or prescribe and administer or
dispense 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;

-Page 17-


(4) Using or affixing “MD” with his/her name in the practice of the medical

profession or in his/her written or oral communications;

SECTION 28. Practice Through Special/Temporary Permits

A Special/Temporary permit may be issued by the Board of Medicine in consultation
with the integrated Philippine Medical Association and the DOH, subject to approval
by the Commission and the Department of Labor and Employment (DOLE) pursuant
to its mandate as provided for in Articles 40 to 42 of the Labor Code. Such permits
shall be issued, only after payment of fees as prescribed by the Commission, to the
following:

“ian licensed in foreign countyies/states whose services are either for a fee

i, If they are internationally well-known specialists or publicly acknowledged as
experts in any area of medical specialization; and

ii, If their 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, acting as
resource persons in medical seminars, fora, symposia and the like;

(2) Physi
services to indigent patients in a particular hospital, center or clinic: Provided,

ians li

nsed in foreign countries/states who intend 10 render free medicat

that they render such services under the direct supervision and control of a duly

registered/livensed physician; and,

(3) Physicians licensed in foreign countries/states employed as exchange professors

in any area of medical specialization.

The Special/Temporary permit shall, among others, provide for such limitations,
specifications and conditions as follows:

-Page 18-


(2) A period of not more than one (1) year subject to renewal or extension:
Provided, That such renewal or extension shall be under the same process and
requirements hereinabove, Provided that;

(2) It designates the specific area of medical specialization as approved by the
integrated Philippine Medical Association; and,

(3) 1k sets forth the specific place of practice, such as clinic, hospital, health

center, college of medicine;

The Board, subject to approval by the Commission and the DOLE, shall prescribe

rules and regulations for the implementation of this particular section.

SECTION 29. Limited Practice Without Certificate of Registration.

Certificates of registration shall not be required of the foltowing persons:

(1) Physicians and surgeons from other countries called in consultation only and
exclusively in specific and definite cases, or those attached to international
bodies or organization assigned to perform certain definite work in the
Philippines provided they shall limit their practice to the specific work
assigned to them and provided further they shall secure a previous
authorization from the Board;

(2) Medicat students who have completed the first four years of medical course,
graduates of medicine and registered nurses who may be given limited and
special authorization by the Secretary of Health to render medical services
during epidemics or national emergencies whenever the services of duly
registered physicians are not available. Such authorization shall automatically
cease when the epidemic or national emergency is declared terminated by the
Secretary of Health.

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SECTION 30. Disciplinary Sanctions. — The Board shall have the power, upon notice
and hearing, 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} Conviction in a final judgment by a court of competent jurisdiction of any
criminal offense involving moral turpitude;

(b) Immoral or dishonorable conduct;

(c) insanity;

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

(©) 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 alcobolic beverages or addiction to illegal gambling or the use of
prohibited drugs, even without rendering him/her 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,
telephone, e-mail or internet or home address are mentioned;

(b) Issuance of any false statement or spreading any false news or rumor which is
derogatory to the character and reputation of another physician, or any allied
health professional or health worker without justifiable motive;

(i) Knowingly issuing any false medical certificates and/or findings;

j) Making, submitting or filing any fraudulent claim with government or private
health insurance;

(&) Performance of, or aiding in, any criminal abortion;

( Performing any act constituting the practice of an area of medical specialization
without fulfilling the specialization requirements prescribed by the Board and the
integrated Philippine Medical Association;

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(m) Violation of any provision of the Code of Ethics for Physicians as prescribed by
the integrated Philippine Medical Association and adopted and promulgated by
the Board;

{n) Practice of profession during the period of his suspension and revocation of
license and certificate of registration; and

{o) Willful failure or refusal to be a member of the inlegrated Philippine Medical
Association or expulsion or termination of membership therefrom.

SECTION 31. Rights of the Parties. — The private complainant and the respondent
physician shall be entitled to counsel and to 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 shalt not be discussed or taken in any forum until after (he same shall have been
decided with finality.

SECTION 32. Appeal from Judgment, — The decision of the Board shalt become finat
fifteen (15) days from the date of receipt of such decision by the partics or their counsel.
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. When such motion for
reconsideration is denied, the aggrieved party may appeal to the Court of Appeals under
Rule 43 of the Rules of Court. No second motion for reconsideration to the Board shall
be allowed.

SECTION 33, 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 and after due consultation with the integrated
PMA, the Board may order the reinstatement of any physician whose certificate of
registration has been revoked, if the respondent has acted in an exemplary manner in the
community.

A new certificate of registration or professional identification card that has been lost,

destroyed or mutilated may be issued, subject to the rules of the Commission.

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SECTION 34. Mandatory Use of Certificate of Registration, Professional and PMA
Identification Cards 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 the integrated
Philippine Medical Association 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.

SECTION 35. Vested Rights and Automatic Registration of Physicians. — 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 Board and the
Commission as Physicians and thereafter by the integrated PMA as its members, without
prejudice to the other requirements herein set forth.

SECTION 36. Exceptions. - For purposes of this Act, medical students, clinical clerks
and interns serving without any professional fee in any government or private hospital,
shall not be considered as engaging in the practice of medicine: Provided, That he/she
renders such service under the direct supervision and control of a duly registered/livensed
physician.

SECTION 37. Integration of the Profession. — The existing Philippine Medical
Association is hereby duly recognized as the accredited and integrated national
professional organization of physicians. A physician duly registered and licensed by the
Board and the Commission shall automatically become a member of the said organization
and shall received the benefits and privileges appurtenant thereto upon payment of the
required fees and dues. Membership in the integrated Philippine Medical Association
shall not be a bar to membership in any other associ

ion of physicians.

~Page 22-


SECTION 38. Mandatory Continuing Medical Education. - The Board shall
implement though the integrated Philippine Medical Association a mandatory
continuing medical education among practicing physicians in consonance with the
guidelines of the CPE as shall hereafter be promulgated by the Commission.

SECTION 39. Foreign Reciprocity. — Unless the country of which he/she is a subject or
citizen specifically permits Filipino physicians to practice within its territorial limits on
the same basis as the subject or citizen of the said foreign state or country under
reciprocity and under international agreements, no foreigner shall be admitted to
licensure examinations, given a certificate of registration to practice as a physician nor be

entilled to any of the privileges under this Act.

ARTICLE VI
PENAL PROVISIONS

SECTION 40. Penalties — (a) The penalty of imprisonment of not less than one (1) year
but not exceeding five (5) years or a fine of not Jess 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 suffered by:

(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 Board or Commission in order to obtain

-Page 23-


a certificate of registration or professional identification card or

temporary/special permittemporary training permit;

(4) Any person who shall falsely impersonate any bona fide registrant with

like or different name;

(S) Any registered and licensed physician or medical specialist who shall abet
or assist in the illegal practice by a person who is not lawfully qualified 10
practice medicine or not qualified to practice in any area of medical
specialization as determined by the imtegrated Philippine Medical

Association;

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

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

(8) Any registered and licensed physician or medical speciatist who shall use
of advertise any title or description tending to convey the impression to
the general public that he/she is a specialist in an area of medical
specialization when in fact he/she is not as determined by the integrated
Philippine Medica] Association;

(9) Knowingly issuing any false medical certificates or findings;

(11) Making, Filing or submitting any fraudulent claim with government or

private health insurance;

(12) Performance of or aiding in any criminal abortion;

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(13) Performing any act constituting the practice of an area of medical
specialization without fulfilling the cequirements prescribed by the Board
and the integrated Philippine Medical Association;

SECTION 41. Injunctions — Upon written motion by any interested party and after
notice and hearing, the Board may issue an order enjoining any person illegally practicing
medicine from performing any act constituting the practice of medicine until the
necessary certificate therefore is secured. However, if it is shown in the affidavits
altached to the motion that the movant or the general public will suffer grave injustice or
irreparable injury, the chairperson of the Board, or in his/her absence, any Board member
may issue a temporary restraining order effective for seventy-two (72) hours. The
applicable provisions of Rule 58 of the Rules of Court shall govern the issuance of the
writ of injunction and lifting thereof, except that where after hearing it is shown that the
movant is entitled to the injunction prayed for, such writ of injunction shall be effective
‘until there is clear showing that the respondent is authorized to practice medicine in the
Philippines. Any such person who, after having been so enjoined, continues on the illegal
practice of medicine shall be punished for contempt of court. The issuance of the said
injunction shall not relieve the person from criminal prosecution and punishment as
provided in the preceding section.

ARTICLE VO
FINAL PROVISIONS

SECTION 42. Enforcement — The Commission shall be the enforcement agency of the
Board. As such, the Commission shall implement the provisions of this Act, enforce its
implementing rules and regulations as adopted by the Board, assist the Board in the
investigation of complaints against violators of this Act, its rules and regulations, the
Code of Ethics for Physicians and other policies of the Board. The Commission or the
Board 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 it may require or to coordinate or cooperate in order to carry

-Page 25-


out, enforce or implement the professional regulatory policies of the government or any

program or activity il may undertake.

SECTION 43. Appropriations — The Chairperson of the Commission on Higher
Education and the Professional Regulation Commission shall immediately include in
their programs the implementation of this Act, the funding of which shall be charged
against their current years’ appropriations and thereafter in the annual General
Appropriations Act.

SECTION 44. Implementing Rules and Regulations and Code of Ethies- Within
ninety (90) days after the approval of this Act, the PRC, together with the Board, the
integrated Philippine Medical Association and the Council of Medical Education shall
prepare and promulgate the implementing rules and regulations (IRRs) to carry out the
provisions of this Act. ‘The IRRs shall take effect after fifteen (15) days following their
publication in a major daily newspaper of general circulation. The existing PMA Code of
Ethics shall serve as the Code of Ethics subject to revisions that may be promulgated by
the Board in coordination with the integrated Philippine Medical Association.

SECION. 45. Transitory Provisions - The incumbent Board shall contiaue to function
in the interim until such time as the new Board shall have been constituted pursuant to
this Act.

SECTION 46. 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 confied to the clause,
provision, paragraph or part directly involved in the controversy in which such judgment
has been rendered.

SECTION 47. Repealing Clause - Republic Act No. 2382 also known as “The
Medical Act of 1959" as amended by Republic Act Nos 4224 and 5946; all laws
amending the said Act, all other laws, decrees, executive orders and other administrative

-Page 26-


issuances and parts thereof which are inconsistent with the provisions of this Act are
hereby modified, amended, superseded or repealed accordingly.

SECTION 48. Effectivity Clause - This Act shal] 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.

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