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Republic of the Philippines RECEIVED @
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

5138

House Bill No.

Introduced by Representative Ron P. Salo

EXPLANATORY NOTE

The regulation of the licensure of physicians and practice of medical
profession is very crucial in ensuring that all medical practitioners and service
providers have the necessary skills and qualification to provide quality and
appropriate health services to the people.

The existing law governing the regulation of the practice of medicine and the
examination and registration of physicians, Republic Act No. 2382 or The Medical
Act of 1959, was passed almost sixty years ago. With the rapid advancements in
technology and global developments in the areas of health and medicine, as well as
the significant changes in the structure of the government for the past fifty years, the
law is no longer adequate to address the present needs of the population.

This Bill seeks to repeal Republic Act No. 2382 as part of the country’s
concerted efforts to improve our overall health care system. The objective is to have
a new law regulating the medical profession that is appropriate and relevant to the
changing times, and ensure the availability of globally competitive medical
practitioners.

It is to be noted that a similar bill was already approved on third and final
reading during the 12", 13", 14", and 15" Congress, however, due to lack of
material time, the bill failed to become a law. For the 16" Congress, the bill was
pending with the Committee on Civil Service and Professional Regulation. This bill is
being filed in the hope that it will finally become the much-needed law to strengthen
the country’s regulation of the practice of medical profession in the country.

Hence, the immediate passage of this bill is earnestly sought.

RON P. SALO
KABAYAN Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.J 138

Introduced by Representative Ron P. Salo

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:

ARTICLE |
GENERAL PROVISIONS:

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

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

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

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

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

c) Supervision, control and regulation of the practice of medicine;

d) Integration of the profession under one national Philippine Medical
Association or PMA; and

e) Promotion of competence, moral values, professional attitude and ethical
practice of profession through the integrated Philippine Medical Association of
physicians.

SEC. 4, Enforcement. — For the purpose of implementing the provisions of this Act,
there shall be created the following: Council of Medical Education, hereinafter
referred to as the Council, and the Professional Regulatory Board of Medicine,

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hereinafter referred to as the Board, under the Professional Regulation Commission
(PRC), hereinafter referred to as the Commission.

ARTICLE I
THE COUNCIL OF MEDICAL EDUCATION

SEC. 5. Creation and Composition of the Council of Medical Education. - The
Council of Medical Education is hereby created, and shall be composed of the
following

a) The Chairperson of the Commission on Higher Education (CHED), or his/her

duly authorized representative as Chairperson;

The Secretary of the Department of Health (DOH), or his/her duly authorized

representative as Vice Chairperson;

The Chairperson of the Professional Regulatory Board of Medicine, or his/her

duly authorized representative as member,

The President of the integrated Philippine Medical Association of physicians, or

his/her duly authorized representative as member;

The President of the Association of the Philippine Medical Colleges (APMC),or

his/her duly authorized representative as member;

f) The President of the Philippine Hospital Association (PHA), or his/her duly
authorized representative as member; and

g) Aknown health advocate appointed by the President of the Philippines.

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e)

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

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

The Council, within sixty (60) days after the effectivity of this Act, shall appoint a
technical panel composed of six (6) outstanding members of the academe andior the
profession whose responsibilty is to assist the Council in carrying out its functions
and powers.

SEC. 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. Considering the fact that medicine is a service-oriented profession,
such admission criteria should not be limited to academic qualifications but
should also include screening for aptitude, attitude and inter-personal skills
necessary to ensure compassionate care for patients as well as psychological
stability and fitness to withstand the rigors of studying medicine;

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b) To determine the minimum requirements for physical facilities of colleges of
medicine such as buildings, hospitals, equipment, supplies, 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 curriculum including internship leading to
the degree of Doctor of Medicine;

e) To authorize the implementation of an acceptable innovative medical
curriculum/strategy in a medical school that has the appropriate faculty
expertise and suitable teaching and clinical practicum resources available.
Such an innovative curriculum may prescribe admission and graduation
requirements other than those prescribed in this Act to ensure that only
exceptional and/or appropriately prepared students shall be enrolled in the
innovative curriculum;

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

g) 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 accrue to the operating funds of the Council;

h) To tecommend 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;

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

j) To select and approve hospitals or departments of hospitals for training which
comply with the minimum specific physical facilities as provided in
subparagraph hereof, and

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

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SEC. 7.Minimum Required Course. - The medical course leading to the degree of
Doctor of Medicine shall be four (4) years inclusive of clinical clerkship and shall
consist of the following subjects

a) Anatomy and Histology
b) Physiology

¢) Biochemistry and Molecular Biology

d) Pharmacology and Therapeutics

) Microbiology and Parasitology

f)_ Internal Medicine

g) Radiology

h) General and Clinical Pathology Obstetrics and Gynecology
i) Pediatrics and Nutrition

i) Surgery

k) Ophthalmology

I) Neurology

m) Psychiatry

n) Family Medicine, Preventive Medicine and Public Health
0) Legal Medicine, Medical Jurisprudence, Medical Ethics
p) Physical Diagnosis

Provided, that the Council may recommend to the CHED to rearrange, re-cluster, or
integrate or revise the above mentioned subjects to keep up to with the latest
developments and trends in the medical profession.

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

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

b) Certificate of eligibility for entrance to a school of medicine from the Board of

Medical Education;

Certificate of good moral character issued by two (2) former professors in the

college offering the pre-medical course(s);

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

e) Proof of taking the National Medical Admission Test

)

Nothing in this Act shall be construed to prohibit 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, or to prohibit the
University of the Philippines College of Medicine to continue with its INTARMED
Program, or other known institutions of higher learning to adopt or establish the
same program, subject to approval of the Council

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.

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

a) Date of publication;
b) Calendar of academic year;
¢) Roll of faculty members indicating whether on full-time or part-time basis and
their curriculum vitae;
d) Requirements for admission;
e) Grading system;
Requirements for promotion;
}) Requirements for graduation;
) Curriculum and description of course by department; and
Number of students enrolled in each class in the preceding year

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ARTICLE Ill
THE PROFESSIONAL REGULATORY BOARD OF MEDICINE

SEC. 9. Creation and Composition of the Board. - There is hereby created a
Professional Regulatory Board of Medicine, hereinafter referred to as the Board,
under the administrative control and supervision of the Professional Regulation
Commission (PRC), hereinafter referred to as the Commission, composed of a
Chairperson, a Vice Chairperson and five (5) 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 each
position submitted by the integrated Philippine Medical Association for medicine. The
Board shall be organized not later than (6) months from the effectivity of this Act

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

a) Supervise, contro! 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 25, 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).

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

e

Determine, amend or revise the requirements for the subjects in the physician
licensure examinations and their relative weights and the manner of giving the
examination, subject to the approval of the Commission;

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

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

=.

h

Issue special/temporary permits to foreign physicians to practice medicine for
specific projects and for a specific duration of time, in coordination with the
integrated Philippine Medical Association for Physicians;

Administer the qualifying examinations given to physicians who wish to train in
the Philippines for a specialty field, in coordination with the integrated
Philippine Medical Association for Physicians;

In coordination with the integrated Philippine Medical Association for
Physicians, to look into considerations affecting the practice of medicine,
adopt measures for the enhancement of the profession and the maintenance
of high professional, technical and ethical standards, in coordination with the
council and conduct ocular inspections of places where physicians practice
their profession;

k}

Monitor the performance of medical schools and their compliance with the
rules and regulations of the Council of Medical Education;

1) In coordination with the integrated Philippine Medical Association for
Physicians, promulgate rules and regulations including a Code of Ethics for
Physicians, administrative policies, orders and issuances to carry out the
provisions of this Act;

m) Investigate violations of this Act, Code of Ethics, and the rules and
regulations, 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;

n)

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

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contempt which may be exercised pursuant to the applicable provisions of
Rule 71 of the Rules of Court;

0) At the Board's discretion, delegate to the Chairperson, Vice Chairperson or
any member of the Board, or a Commission attorney (PRC Attorney) the
hearing of an administrative case. If the case concerns strictly the practice of
medicine as defined in Section 29 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;

p) After due notice and hearing, cancel examination papers and/or bar any
examinee from future examination; refuse or defer his/her registration;
reprimand the registrant with stern warning; suspend him/her from the
practice of his/her profession; revoke his/her certificate of registration; cancel
special/temporary permit/temporary training permit; remove his/her name from
the roll of physicians for continuous non-payment of annual registration fees
and 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,

4) Administer the physician’s oath pursuant to Section 28 herein;

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

s) Adopt an official seal;

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

u) Assist the Commission in the implementation of its prescribed guidelines and
criteria on the Continuing Professional Education (CPE) for registered
licensed physicians;

v) Set the standards and guidelines for the issuance and re-issuance of
certificates of registration; and,

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

The policies, resolutions, rules and regulations, orders or decisions issued or

promulgated by the Board shall be subject to the review, revision and approval by
the Professional Regulation Commission. However, the Board's final decisions,

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resolutions or orders rendered in an administrative case shall be immediately
executory

SEC. 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;

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

(d) Has been a medical practitioner for at least ten (10) years;

(e) Be a bonafide member of the integrated Philippine Medical Association
Physicians;

(f) 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 two (2) years as a faculty member of a college
of medicine;

(h) Is not 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 in case he is a
faculty member, he has to either resign or file permanent leave before
assuming office and shall have no professional relationship with the institution
during his entire term; and,

Is not connected with a review center/school/group or association offering
classes or lectures in preparation for the physician licensure examination, and
in case he is connected, he has to resign and divest all his shares before
assuming office and shall have no connection with the same during his entire
term.

SEC. 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 their successors shall
have been appointed and qualified. They may, however, be reappointed for another
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 shall
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.

SEC. 13. Compensation of the Board Members. — The Chairperson, Vice
Chairperson and members of the Board shall receive compensation and allowances

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or other benefits pursuant to the provisions of the "PRC Modernization Act of 2000”
and other pertinent laws and comparable to the compensation and allowances
received by the Chairperson and members of existing professional regulatory
boards.

SEC. 14. Suspension or Removal 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;

b) 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

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

SEC. 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.

SEC. 16. Rules 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.

SEC. 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

SEC. 18. Prerequisites to the Practice of Medicine. - No person shall engage in
the practice of medicine in the Philippines unless he/she:

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

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

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©) Is a member of the integrated Philippine Medical Association of Physicians
and its component society in good standing. Any foreign doctor who intends to
undergo specialty training in the practice of medicine must pass the qualifying
examination given by the Board of Medicine

SEC. 19, 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
Commission

SEC. 20. Qualifications of Applicants for the Physician Licensure
Examination. ~ All applicants for the physician licensure examination must possess
all qualifications and none of the disqualifications hereunder set forth, as follows:

a) Helshe is 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 or who has been a permanent resident of the Philippines for at
least one (1) year prior to the examination;

=z

Is mentally, emotionally and physically sound;

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

7

He/ she is a holder of the degree of Doctor of Medicine conferred by a College
of Medicine established in the Philippines and duly recognized by the
Commission on Higher Education or a degree conferred by a college of
medicine abroad and accredited by the CHED as substantially equivalent to
the degree of Doctor of Medicine offered by a Philippine College of Medicine,
and;

e)

Has completed one year of Post-graduate internship in a hospital accredited
by the APMC.

SEC. 21. Venues and Schedule of Examinations. The Board shall give
examinations for the registration of physicians at least 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”.

SEC. 22, Registration.— 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 likewise be deemed members of the duly recognized integrated Philippine
Medical Association for physicians duly accredited by the PRC upon compliance with
all requirements and payment of compulsory dues and shall be issued the necessary
identification cards proving such membership therein, upon presentation of their
certificates of registration and professional identification card.

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SEC. 23. Issuance of Certificate of Registration and Professional Identification
Card; Philippine Medical Association 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 alll the legal
requirements for registration as a physician; and that 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 bear the name of the registered
licensed physician, the registration number and the date of issuance, and together
with the membership identification card issued by the integrated national Philippine
Medical Association duly accredited by the PRC, shall be sufficient evidence that the
physician can lawfully practice his/her profession.

SEC. 24. Non-registration; Grounds Therefore. — 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 shall be clearly stated in writing,
communicated to the examinee and duly incorporated in the records of the
Commission.

SEC. 25. Scope of Examination. - The physician licensure examination shall cover
the following thirteen (13) 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 and molecular Biology;

d) Pharmacology and Therapeutics;

e) Microbiology and Parasitology;

f) Internal Medicine; Radiology

g) General and Clinical Pathology and Oncology;

h) Obstetrics and Gynecology;

i) Pediatrics and Nutrition;

J). Surgery

k) Otorhinolaryngology, Ophthalmology, Neurology, Psychiatry;

|) Family medicine, Preventive Medicine and Public Health and;

m) Legal Medicine, Medical Jurisprudence, Medical Ethics and ~ Medical
Economics

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

Each of the thirteen (13) subjects shall have its syllabus or table of specifications.
The Board shall apply each syllabus after a lapse of three (3) months reckoned from
the concurrence of all the following requisites:

a) Consultation with the concerned members of the Academe;

b) Approval by the Commission

¢) Publication of the Board resolution in a newspaper of general circulation; and,
d) Dissemination to all Colleges of Medicine

SEC. 26, Rating in the Examination. - To pass the physician licensure
examination, an examinee must obtain a general average rating of at least seventy-
five percent (75%) in all thirteen (13) subjects, with no rating in any subject below
fifty percent (50%).

SEC. 27. 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 examination.

SEC. 28. 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 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

SEC, 29. Acts Constituting the Practice of Medicine. - A person shall be
considered as engaged in the practice of medicine under any of the following
circumstances:

a) Physically examining any person for any disease, injury or deformity for
the purpose of treatment, or diagnosing, treating, operating, prescribing or
dispensing any remedy therefor;

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

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

d) Using or affixing “MD with his/her name;

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

For paragraphs (a) to (c), the same shall not include situations during emergencies
where the life or limb of a person is in danger, and there is no physician around.
Further, it does not include offering of personal opinions on the physical or mental
condition of a person.

SEC. 30, Practice Through Special/Temporary Permits. - A Special/Temporary
permit may be issued by the Board of Medicine in consultation with the 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:

a) Physicians licensed in foreign countries/states whose services are either for a
fee or free:

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.

b) Physicians licensed in foreign countries/states who intend to render free
medical services to indigent patients in a particular hospital, center or clinic:
Provided, that they render such services under the direct supervision and
control of a duly registered/licensed physician; and,

©) Physicians licensed in foreign countries/states employed as exchange
professors in any area of medical specialization

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

a) 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;

b) The specific area of medical specialization; and

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c) The specific place of practice, such as clinic, hospital, Center, college of
medicine.

The Board, subject to approval by the Commission, shall prescribe rules and
regulations for the implementation of this particular section.

SEC. 31. 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) Final conviction by a court of competent jurisdiction of any criminal offense
involving moral turpitude;

b) Immoral or dishonorable conduct;

c) Insanity;

d) 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 alcoholic beverages or addiction to illegal gambling or the use of

prohibited drugs, even without rendering him/her incompetent to practice

his/her profession;

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;

Issuance of any false statement or spreading any false news or rumor which

is derogatory to the character and reputation of another physician,

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

j) Performance of, or aiding in, any criminal abortion;

k) Knowingly aiding or subjecting one's self to be a partner of any person who is
unqualified or unregistered to practice medicine or an area of medical
specialization, except in aid of training of a medical student, or performing any
act constituting the practice of medicine or an area of medical specialization in
behalf of any such unlicensed or unregistered person, Provided, however,
That this provision shall not apply when an act constituting the practice of
medicine or an area of medical specialization is performed in a hospital, clinic
or medical center as an accredited practitioner of such hospital, clinic or
medical center. For this purpose, all hospitals, clinics and medical centers are
hereby required to furnish the appropriate regional office of the DOH a list of
all medical practitioners duly accredited to practice within their respective
institutions every three (3) months;

1) Violation of any provision of the Code of Ethics for Physicians as promulgated
by the integrated Philippine Medical Association and adopted by the PRC

m) Practice of profession during the period of his suspension and ;

n) Willful failure or refusal to be a member in good standing of the integrated
Philippine Medical Association of Physicians accredited by the Professional

e)

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Regulations Commission or expulsion or termination of membership
therefrom

SEC, 32. 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
tights guaranteed by the Constitution and the Rules of Court, All cases filed or
pending under this Act shall not be discussed or taken in any forum until after the
same shall have been decided with finality

SEC. 33. Appeal from Judgment. - The decision of the Board shall become final
fifteen (15) days from the date of receipt of such decision by the parties 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, No second
motion for reconsideration to the Board shall be allowed. A decision of suspension,
revocation of the certificate of registration or removal from the roll by the Board as
provided herein may be appealed initially to the Commission within fifteen (15) days
from receipt thereof,

The aggrieved party may appeal to the Court of Appeals under Rule 43 of the Rules
of Court. A decision rendered by the Commission against the respondent shall be
executor.

SEC, 34. Re-issuance and Replacement of Identification Card. - After two (2)
years and after due consultation with the integrated Philippine Medical Association of
Physicians, 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.

SEC. 35, Mandatory Use of Certificate of Registration, Professional and PMA
Membership Card and Professional Tax Receipt Number. — A registered
physician shall indicate his/her certificate of registration number, the number of the
professional identification card and the PMA membership card, and the professional
tax receipt number on the prescription and other documents he/she signs, uses or
issues in connection with the practice of his/her profession.

SEC, 36. Vested Rights. — All physicians registered under the provisions hereof,
without prejudice to the other requirements herein set forth.

SEC. 37. 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
registeredilicensed physician.

SEC. 38. Integration of the Profession. The profession shall be integrated into
‘one (1) Philippine Medical Association of physicians accredited by Professional

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Regulations Commission. A physician duly registered and licensed by the board and
the Commission shall automatically become a member of the said PMA and shall
receive the benefits and privileges appurtenant thereto upon payment of required
fees and dues, Membership in the integrated PMA shall not be a bar to membership
in any other association of physicians.

SEC, 39.Mandatory Continuing Medical Education, - The Board shall implement
a mandatory continuing medical education thru the PMA among practicing
physicians in consonance with the guidelines of the CPE as shall hereafter be
promulgated by the Commission.

SEC. 40. 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 of the Commission as physicians
and, thereafter, by the Philippine Medical Association of registered and licensed
physicians as its bona fide members, pursuant to Section 22 of this Act.

SEC, 41. 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 entitled to any of the privileges under this Act.

ARTICLE VI
PENAL PROVISIONS

SEC. 42. Penalties. -

a) The penalty of imprisonment of not less than one (1) year but not exceeding
five (5) years or a fine of not less than Two Hundred Thousand pesos
(P200,000.00) but not exceeding Five Hundred Thousand pesos
(P500,000.00), or both, upon the discretion of the court, shall be 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
permittemporary 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 a certificate of registration or professional identification card or
temporary/special permit/temporary training permit;

4. Any person who shall falsely impersonate any bona fide registrant with
like or different name;

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5. Any registered and licensed physician who shall abet or assist in the
illegal practice by a person who is not lawfully qualified to practice
medicine or any area of medical specialization;

6. Any person who actually engages in the practice of medicine as
defined in paragraphs (a)(1) and (a)(2) of Section 29 of this Act without
any certificate of Registration;

7. Any person who shall attempt to use a revoked or suspended
certificate of registration or a cancelled —temporary/special
permit/temporary training permit;

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

9. Any registered physician who shall commit any of the prohibited acts
as enumerated in paragraphs (i), (j) and (k) of Section 31 hereof.

b) When any of the acts defined in paragraphs 5 and 6 of this section is
committed by a person against three (3) or more persons, of when any of
such acts is committed by at least three (3) persons who shall cooperate and
confederate with one another, violation of this Act and shall be punishable by
life imprisonment and a fine of not less than Five Hundred Thousand Pesos
(P500, 000.00) but not more than Two (2) Million Pesos (P2, 000, 000.00)
Prosecution of offenses under this Act shall be without prejudice to a separate
prosecution under the provisions of the Revised Penal Code and other laws.

SEC. 43. 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 attached 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 Vil
FINAL PROVISIONS

SEC. 44, 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

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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 out, enforce or implement the professional regulatory policies of the
government or any program or activity it may undertake

SEC. 45. 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.

SEC. 46. Implementing Rules and Regulations and Code of Ethics. - Within
ninety (90) days after the approval of this Act, the PRC, together with the Board, the
integrated Philippine Medical Association for Physicians accredited by the PRC
technical committee on Medical Education and the CHED shall prepare and
promulgate the implementing rules and regulations (IRRs) to carry out the provisions
of this Act and adopt the integrated Philippine Medical Association of Physicians’
Code of Ethics. The IRRs shall take effect after fifteen (15) days following their
publication in a major daily newspaper of general circulation.

SEC. 47. Transitory Provisions. — The incumbent Board shall continue to function
in the interim until such time as the new Board shall have been constituted pursuant
to this Act.

SEC. 48. 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 confide to the clause,
provision, paragraph or part directly involved in the controversy in which such
judgment has been rendered.

SEC. 49, 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
issuances and parts thereof which are inconsistent with the provisions of this Act are
hereby modified, amended, superseded or repealed accordingly.

SEC. 50, Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its publication in the Official Gazette or in at least two (2) newspapers of
general circulation in the Philippines

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