Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 702

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill seeks to establish the Philippine Medical Accreditation Council as an
attached agency of the Department of Health to ensure the quality of medical
residency training for all specialties and sub-specialties of medical residents. It aims
to ensure that the training of our country's doctors is responsive to the current health
service need of the population. Through the formulation of a training curriculum for
the Medical Residency Training Programs, standards are set to be at par with
international standards.

Proper working conditions are mandated to safeguard the welfare of our medical
residents and their salary and other benefits are guaranteed for those who choose to
work in government hospitals. Guidelines for the professional conduct of medical
residents is also set in this bill to ensure that they maintain professionalism in their
service and do so with dignity. Patients are also assured of their rights, with a
provision on the handling of complaints against medical residents and penalties
thereof.

It is the intention of this bill to help strengthen the health workforce in the country
through an extensive residency training program and produce competent medical
specialists with the heart to serve. It also aims to encourage more people to the field
and help save countless of Filipino people from health crisis.

The approval of this bill is earnestly sought.

LUIS RAYMU! - VILLAFUERTE, JR.

V


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

2
House BILL No. 17°?

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT
TO MANAGE MEDICAL RESIDENCY TRAINING PROGRAMS IN THE
PHILIPPINES

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

SECTION 1. Short Title. — This Act shall be known as the "Medical Residency Act"

SECTION 2. Declaration of Policy. — It is declared policy of the State to protect and
promote the right to health of the people and instill health consciousness among them
In pursuit of such policy, the quality of medical residency training in the Philippines and
at the same time the protection of the rights of medical residents must be upheld such
that they are given due compensation and benefits as well as provided with humane
working conditions.

SECTION 3. Definition of Terms and Abbreviations. — The terms and abbreviations as
used in this Act are as follows.

a. DOH — Department of Health

b. DOLE — Department of Labor and Employment

C. Foreign graduate of medicine — a graduate of Doctor of medicine who eamed
his/her degree abroad or a non-citizen of the Philippines who eared his/her
degree in Philippine medical schools

d. Medical residency training — a training undergone by licensed physicians in
accredited hospitals before they can practice their specialty


€. Medical residents — pertain to physicians undergoing medical residency
training in any field of specialization

f. PMAC — Philippine Medical Accreditation Council

8. PRC — Professional Regulations Commission

h. Specialties/Sub-specialties — specialty pertains to fields of medicine such as
surgery, internal medicine, obstetrics and gynecology, pediatrics, family

medicine and other medical fields. Sub-specialty pertains to highly specialized
fields of medicine

SECTION 4. Creation of the Philippine medical Accreditation Council (PMAC). There
shall be established an attached agency of the Department of Health to be called the
Philippine Medical Accreditation Council (PMAC), which shall ensure the quality of
medical residency training for all specialties and sub-specialties of medical residents,
and which shall provide policies that will promote human working conditions and better
compensation of medical residents. The PMAC is also tasked to ensure that medical
residency training of doctors will always be responsive to the current health service
needs of the Philippine population

SECTION 5. Roles and Functions of the PMAC. — The PMAC's roles and functions
shall include but not limited to the following:

a. Set the standards of medical residency training for all specialties and
subspecialties;

b. Ensure that the standards set for medical residency training are at par with
intemational standards, such as the World Federation for Medical Education
(WFME);

c. Accredit medical residency training programs for all specialty and subspecialties;

d. Assess whether doctors who have undergone residency training have
satisfactorily completed the training;

e. Issue certificate to doctors who have satisfactorily completed the residency
training in either government and private hospitals;


f. Screen foreign graduates of medicine who will undergo residency training in the
Philippines and assess the equivalence of their basic medical education to the
‘standard curriculum prescribed in Philippine schools of medicines;

g. Develop and ensure implementation of policies that will provide better
compensation and benefits and humane working conditions for medical
residents;

h. Receive and act on complaints of medical residents as well as complaints of
patients against medical residents;

i, Ensure that the medical residency training will always be responsive to the health
service needs of the population;

Maintain a registry or database of medical residents and accredited residency
training programs;

k. Monitor and evaluate residency training programs regularly, and prescribe
remedial measures to deficient training programs; and

Provide mechanisms that will promote equitable distribution of medical specialties
into the various parts of the country.

SECTION 6. Organizational Structure. — There shall be a Governing Council in the
PMAC, which shall be composed of representatives each from the Professional
Regulations Commission (PRC), Department of Labor and Employment (DOLE),
specialty societies, hospital association and medical residents as members, and the
Secretary of the Department of Health as the Chairperson. Under the Governing
Council, the following Committees and Secretariat shall be created to assist the PMAC
in carrying out its roles and functions

a. Committee on Accreditation — It shall be composed of representatives from the
different specialty and sub-specialty societies. It shall be responsible for
accrediting residency training and developing standards for approval of the
Council

b. Committee on Training and Certification — It shall be composed of training
officers or their equivalent in both private and government hospitals. It shall
determine whether doctors have satisfactorily completed residency training and
shall issue certificate of completion of training, if appropriate.

. Committee on Policies, Standards and Ethics — It shall be composed of
Tepresentatives from the Committee on Accreditation and Committee on
Training and Certification, DOLE, PRC and medical residents. This Committee
shall formulate standards of medical residency training program, policies on
compensation/benefits and working conditions of medical residents and other


policies related to the scope and practice of medical residency. It shall handle
complaints of medical residents and patients and submit recommendations to
the Council for approval and action regarding complaints filed. It shall also
screen foreign graduates of medicine who would like to undergo residency
training in the Philippines.

d. Secretariat — The DOH shall provide a Secretariat for the PMAC to be
composed of both technical and administrative staff. The Secretariat shall
coordinate the activities of the different committees and provide technical and
administrative support in the efficient and effective coordination of programs,
projects, and activities among the different committees of the PMAC.

SECTION 7. Accreditation of Medical Residency Training Programs. — Medical
residency training programs shall only be conducted in accredited teaching and training
hospitals. The PMAC is the only recognized organization that shall be given the full
authority to accredit residency training programs. Upon approval of the Implementing
Rules and Regulations of this Act, a period of one year shall be given to allow time for
the transfer of accreditation from the different specialty and subspecialty societies to
the Committee on Accreditation of the PMAC

SECTION 8. Training Curriculum of Medical Residency Training Programs. — The
Training Officers or their equivalent shall prepare a training curriculum that shall meet
the standards to be set by the Committee on Policies, Standards and Ethics of the
PMAC. The training curriculum shall be at par with intemational standards and shall be
responsive to the health service needs of the population. The Committee on Policies,
Standards, and Ethics shall be given one (1) year from the time of its creation to prepare
the standards of medical residency training programs, which will be uniform for all
specialties and sub-specialties.

SECTION 9. Qualifications of Applicants to medical Residency Training Programs. —

The following shall be minimum qualifications of applicants to medical residency

training programs:

a. A passing score in the licensure examination for physicians;
b. No previous criminal and/or administrative record; and

c. Clearance by the PMAC for foreign graduates of medicine.

The PMAC may set other qualifications that it may deem necessary


SECTION 10. General Conditions for the Medical Residency Training of Foreign
Medical Graduates. — The following general conditions shall be applied to foreign
graduates of medicine undergoing medical residency training in the Philippines:

a. Accredited residency training programs shall be allowed to accept foreign
medical graduates in cases wherein no Filipino physicians are applying for the
same vacancy. Filipino physicians shall be given the first priority in filling up
vacancy for medical residents;

b. Foreign graduates of medicine shall secure clearance from PMAC prior to
application to any accredited residency training program;

C. Foreign medical graduates shall undergo basic language course in Filipino
and/or the dialect that is used in the locality where the accredited institution is
located before commencing his/her medical residency. A certificate of
proficiency in Filipino and/or the dialect of the locality shall be obtained by the
foreign graduate of medicine from a CHED-accredited state university or tertiary
education institution located in the locality where the foreign graduate in
medicine wishes to undergo residency training before the PMAC may issue a
clearance to the foreign graduate of medicine. For accredited institutions located
in areas wherein Filipino is the language used by the majority, proficiency in a
dialect shall no longer be required;

d. Foreign graduates of medicine shall be required to undergo a seminar on
Philippine history, culture and government, as well as the Philippine health care
delivery system prior to the commencement of his/her medical residency.

SECTION 11. Working Conditions of Medical Residents. — The following working

conditions of medical residents shall be observed by all accredited institutions:

a. No medical resident shall be allowed to go on duty for more than 24 hours

straight, except in extraordinary cases to be determined by the hospital
administrator;

b. Medical residents shall be entitled to one day off from hospitai duty every week;

C, Medical residents shall be given standards quarters in the hospital where he/she
can stay during his/her tour of duty;

d. Medical residents shall perform only functions that are related to his/her
residency training. Superiors are forbidden from ordering errands that are not
related to the training of medical residents or are demeaning to a medical
tesident's dignity as a person. The PMAP shall receive and investigate
complaints of this nature from medical residents;


. Medical residents are also entitled to enough time for personal break, meals,
and observing hygiene during a tour of duty,

f. Since medical residents are considered to be on training, they shall be
supervised by their superior at all times especially when performing critical
procedures to patients. In case of junior residents, the senior resident or
consultant shall always be available for supervision and assistance, and in the
case of senior residents, his/her consultants.

8. Medical residents shall be treated equally. No medical resident shall be
discriminated because of his/her gender, race, and ethnicity.

SECTION 12. Salary and Other Benefits. — The minimum base pay of all medical
residents in government hospitals shall not be lower than Salary Grade 22 They shall
bbe entitled to overtime pay and night differential pay for services rendered beyond eight
(8) hours or hours of duty beyond 10:00 p.nm to 6:00 a.m. Hazard pay shall be given
as stipulated in Republic Act No. 7305, otherwise known as "The Magna Carta for
Health Workers", for residents of public or private hospitals.

SECTION 13. Professional Conduct of Medical Residents. — The medical residents,

even though they are on training, shall observe the following professional conduct at
all times:

@. Medical residents shall always uphold the dignity, privacy and rights of his/her
patient;

b. Medical residents shall always perform his/her functions with utmost diligence
especially those related to care of patients so as not to inflict any harm on the
patient;

c. Since medical residents are still on training, they shall not receive any form of
payment from their patient;

d. Medical residents shall not engage in unacceptable practices such as, but not
limited, to the following.

a. Accepting commission from laboratories, diagnostic facilities, pharmacies
for referring patients to these facilities;

b. Obtaining excess and unused medicines, drugs, and other materials from
patients or the supply source, without proper permission;

c. Selling medicines, drugs, and other materials to patients or their relatives;

d. Selling free samples of drugs or other medicines; and


e. Receiving money or any form of incentive from any pharmaceutical
company for prescribing their brand of drugs, medicines, and other
materials.

©, Medical residents shall always treat his/her superiors, subordinates, coworkers
and patient's relatives with utmost respect;

f. Medical residents shall observe the Generics Act of 1988 and Cheaper and
Quality Medicines Act of 2008;

&. Medical residents shall render full time service to the hospital where he/she is
employed. As such, he/she shall not engage in any part-time job outside the
hospital.

SECTION 14. Responsibilities of Accredited Training Institutions. - The following are
the responsibilities of the accredited training institutions:

a. The accredited training institutions shall observe all the provisions of Section
11, which pertain to the working conditions of medical residents;

b. Inrelation to the preceding provision, training officers or their equivalent together
with the medical residents shall prepare a schedule of their duty at the start of
the year to ensure that the provisions of Section 11 (a) shall be observed at all
times. Periodic evaluation of competencies gained shall be conducted per year
level;

¢. The accredited training institutions shall submit the names of their medical
residents, their level, specialty, and other relevant information related to their

medical residency training program to the PMAC for the proposed registry or
database;

d. The accredited training institutions shall provide the necessary logistics,
equipment, and other medical supplies

SECTION 15. Handling of Complaints. — An aggrieved party can file a complaint
against medical residents and or accredited training institutions to the PMAC, The
Committee on Policies, Standards and Ethics shall handle the complaint; and if
deemed necessary, shall conduct an investigation. It shall come up with a report and
recommendations to the Chairperson of the PMAC within thirty (30) working days upon
receipt of the complaint. The Chairperson shall issue the final decision regarding the
filed complaint.


SECTION 16. Violations. — Any accredited training institutions and/or their medical
residents that have been found violating any provisions of this Act shall have the
following penalties:

First Offense — reprimand;
Second Offense — suspension with duration depending on the gravity of the
offense but not exceeding six (8) months:
Third Offense — revocation of the accreditation of the training institutions. In
the case of medical residents, he/she shall not be given a certificate of
completion of residency training by the PMAC and shall be removed from the
residency training program
SECTION 17. Appeal. — Both parties, complainant and respondent, may appeal to
the Secretary of Health within fifteen (15) working days upon receipt of the copy of the
decision. The absence of any appeal within the specified period shall render the
decision as final and executory.

SECTION 18. Creation of Plantilla Positions. — There shall be created plantilla
positions in the DOH needed for the implementation of the purposes of this Act.

SECTION 19. Budget Appropriations. — The budget needed for the creation of the
PMAC shall be chargeable to the funds of the DOH. As such, the budget allocated for
the Department as per the General Appropriations Act shall be increased thereafter to
provide the funds needed for the creation and maintenance of PMAC. The funds for the
upgrading of salary of medical residents, on the other hand, shall thereafter be included
in the General Appropriations Act.

SECTION 20. Implementing Rules and Regulations. — The DOH, together with DOLE
and PRC, shall draft the implementing rules and regulations of this Act within one (1)
year after the effectivity of this Act.

SECTION 21. Separability Clause. — Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SECTION 22. Repealing Clause. — All laws, decrees, orders, rules, and regulations
or other issuances or parts inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.


SECTION 23. Effectivity Clause. — This Act shall take effect in fifteen (15) days after
publication in the Official Gazette or in one (1) newspaper of general circulation in the
Philippines.

Approved,