Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No._4350

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan and
Hon. Iris Marie D. Montes

AN ACT
PROVIDING FOR A PHYSICIAN'S ACT, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 2382, AS AMENDED, OTHERWISE KNOWN AS THE
MEDICAL ACT OF 1959

EXPLANATORY NOTE

Republic Act No. 2382 or the “The Medical Act of 1959” as amended by
Republic Act Nos. 4224 and 5946 has been the foundation of the medical
profession in the country for the longest time. However, the changing times has
brought about changing demands and developing technologies that require a law
that is more appropriate and responsive to the current circumstances.

Over the years, dramatic advances in various disciplines in the science and
technology medicine have revolutionized the diagnosis, treatment, and
management of disease. The rapid progress of modern medicine dictates the need
to upgrade and update the curriculum of the study and practice of medicine. There
is an urgent need therefor to update the existing Medical Act of 1959 that has been
the standard reference in the practice of medicine.

Thus, this proposed measure, which was approved by the House and
transmitted to the Senate during the 18 and 19% Congress, seeks to enact a new
Physicians Act that will govern the regulation of the education, residency, licensing
and the practice of medicine by physicians here in the Philippines.

[tis not only enough to address their economic concerns by increasing their
pay and remuneration but as the government recognizes the very crucial role of
physicians in the national health care system, it is also essential that an
environment be provided for them where that can further cultivate and enhance
their skills and expertise thereby upgrading the standards by which their practice
shall be measured.

The proposed Physicians Act promotes the professional services of the
physicians by ensuring the efficiency and responsiveness of the different aspects


of the medical profession: medical education including internship training and
residency, licensure examination and registration of physicians, practice of
medicine, integration in one Accredited Professional Organization, and promotion
of competence, moral values and professional standards.

We entrust our health and our lives to our doctors and it is only proper that
we equip them with the legislation that will both promote their profession and
protect their rights.

To meet the challenges of improving the quality of health care of our
citizenry and the imperatives of global competitiveness in medicine, the passage
of this bill is urgently requested.

po)
Keith Micah “Atty. Mike” D.L. Tan ristrArrned¥l

Ath District, Quezon Kababaihan Kabalikatan para sa Kaunlaran at
Kapakanan ng Bayan (4K Party-list)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 4350

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan and
Hon. Iris Marie D. Montes

AN ACT
PROVIDING FOR A PHYSICIAN'S ACT, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 2382, AS AMENDED, OTHERWISE KNOWN AS THE
MEDICAL ACT OF 1959

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

ARTICLE I
TITLE, POLICY, OBJECTIVES AND ENFORCEMENT

SECTION 1. Short Title. - This Act shall be known as the “Physicians Act”.

SEC. 2. Declaration of Policy. - The State recognizes the vital role of
physicians in the prevention, maintenance, safeguarding, treatment, and
enhancement of the life, health, and general welfare of the citizenry. The
professional roles and services of physicians shall, therefore, be promoted and
regarded as a fundamental pillar in a health care model that provides access to
quality and cost-effective, preventive, promotive, curative, rehabilitative, and

palliative health services.

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

(a) Standardization, upgrading and regulation of the basic medical
education, medical internship, and postgraduate medical education

and training;
(b) Licensure and registration of physicians;

(c) Supervision and regulation of the practice of medicine;


(d) Integration of the medical profession under one national
professional organization of physicians; and

(e) Upholding preventive, promotive and curative disease prevention
and promotion of health, patient welfare and patient safety as the
primary consideration in the practice of medicine and promoting
competence, moral values, and professional ethics of members of the
medical profession.

SEC. 4. Enforcement. - For purposes of implementing the provisions of this
Act, there shall be created the following: Medical Education Council (MEC) under
the Commission on Higher Education (CHED), Professional Regulatory Board of
Medicine (PRBM) under the Professional Regulation Commission (PRC);
Postgraduate Medical Education Council (PGMEC) under the PRBM, and the
Integrated Philippine Medical Association (IPMA).

These entities may 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 they may require to carry out, enforce,
or implement the professional regulatory policies of the government or any
program or activity they may undertake pursuant to the provisions of this Act.

ARTICLE IL
DEFINITION OF TERMS
SEC. S. Definition of Terms. - As used in this Act:

(a) Accreditation refers to the formal or official approval granted to
a person, a program or organization, upon meeting essential requirements
of achievement standard, including qualifications or units of a qualification,
usually for a particular period of time, as accrediting body;

(b) Basic Medical Education refers to a post-baccalaureate program
offered by a medical college recognized by the CHED composed of core
curricular and clinical subjects, the completion of which leads to the
conferment of the degree of Doctor of Medicine and grants the holder the
eligibility to take the Physician Licensure Examination inclusive ofa one (1)
year medical internship, offered by a medical college recognized by CHED;

(c) Megal Practice of Medicine refers to the practice of the medical
profession without the required valid certificate of registration and valid
professional identification card as a Physician, or such other permits
evidencing the authority to practice as may be issued by the PRC and the


PRBM, including the Special Temporary 1 Permit, or Temporary Training
Permit;

(d) Innovative Curriculum refers to a curriculum that applies non-
traditional, flexible, creative, and open curricular frameworks, teaching-
learning models, and methods of evaluation and assessment applied to basic
medical education in real world situations as defined by the CHED in its
pertinent policies, standards and guidelines for medical education program:
Provided, That the same program outcomes are achieved that will lead to
the same MD degree;

(e) Integrated Philippine Medical Association (IPMA) refers to the
integrated national professional organization of physicians in the
Philippines recognized and accredited by the PRBM of the PRC;

(f) Medical College refers to a learning institution which has
complied with the standards and requirements set forth and duly
recognized by the CHED to offer a complete basic medical education
program leading to a degree of Doctor of Medicine. It may also be known as
a college of medicine, faculty of medicine, institute of medicine, school of
medicine or other similar names;

(g) Medical Internship refers to a phase of the professional
education of the physician to further hone the academic and technical
proficiency in medicine. It is a twelve (12) month rotation conducted in an
accredited health facility and community undertaken after graduation in
most medical schools or can be incorporated in the final year of innovative
medical programs.

(h) Medical Specialist refers to a duly licensed physician who, after
having completed the prescribed training in an accredited postgraduate
education and training institution and passed the corresponding specialty
board certifying examination, is qualified to practice a particular medical
specialty or subspecialty;

(i) Medical Specialty refers to a major branch or discipline of
medicine that is focused on a defined group of patients, diseases, or skills in
which a physician-practitioner has special additional knowledge, skills,
experience, and expertise acquired after completion of a formal
postgraduate education and training program in a PRBM accredited
training institution;

(j) Physician Licensure Examination refers to an evaluative process
conducted by the PRBM of the PRC to eligible candidates to determine their


competency to practice the profession as physicians and a successful result
thereof being a requirement for the issuance of a PRC professional license;

(k) Postgraduate Medical Education and Training refers to an
educational program either through a clinical or non-clinical track, pursued
after conferment of a Doctor of Medicine degree, and referring 1 to any type
of formal medical education or training in a hospital, community, facility,
institute, or higher education institution (HEI) or any combination thereof
leading to specialization;

(I) Primary care refers to initial contact, accessible, continuous,
comprehensive, and coordinated health care or medical care that is
accessible at the time of need including a range of services for all presenting
conditions, and the ability to coordinate referrals to other health care
providers in the health care delivery system, when necessary;

(m) Resident or Fellow Trainee refers to a duly licensed physician
undergoing postgraduate medical education and training in a particular
specialty or subspecialty of medicine in an accredited training institution;

(n) Specialty Board Certifying Examination refers to the evaluative
process conducted at the end of the residency and fellowship training
program;

(0) Special Temporary Permit refers to the privilege granted to a
foreign Physician to be able to practice in the Philippines for a limited period
of time, subject to limitations and conditions provided for by law;

(p) Telemedicine refers to the practice of medicine by means of
electronic and telecommunications technologies such as by telephone,
internet-enabled messaging, short messaging service (SMS), or audio- and
video-conferencing to deliver health care at a distance between a patient at
an originating site, and a physician at a distant site; and

(q) Temporary Training Permit refers to the authority granted to a
foreign medical professional by the PRBM and the PRC for the purpose of
undergoing medical residency or fellowship training in the Philippines.

ARTICLE II
MEDICAL EDUCATION COUNCIL

SEC. 6. Creation. - There is hereby created a Medical Education Council
(MEC) under the CHED and shall be composed of the following:


(a) Chairperson of the CHED or the Chairperson’s duly authorized
representative as Chairperson of the MEC;

(b) Secretary of Health or the Secretary's duly authorized representative as
member;

(c) Chairperson of the PRBM or the Chairperson’s duly authorized
representative as member;

(d) President of IPMA or the President's duly authorized representative as
member;

(e) President of the association of Philippine medical colleges or its duly
authorized representative as member;

£) President of the national association of hospitals duly recognized by the
Department of Health (DOH) or the President’s duly authorized
representative as member; and

(g) The Dean of the University of the Philippines College of Medicine as
permanent member.

The Chairperson and members of the MEC shall hold office during their
incumbency in the respective institutions or associations that they represent.

‘The MEC shall, within sixty (60) days after the effectivity of this Act, appoint
a Technical Panel on Medical Education (TPME). The TPME shall consists of a
Chairperson and at least seven (7) outstanding members of the academe, the
profession or both whose responsibi is to assist the MEC in carrying out its
functions and powers on basic medical education. The membership of the
technical panel shall include experts from the following: two (2) from the academe,
two (2) from the industry the industry sector, two (2) from the DOH, and one (1)
from IPMA.

Members thereof who are not government officials or employees shall be
entitled to per diem chargeable against the funds of the CHED, as approved by the
MEC, subject to existing rules and regulations of the Department of Budget and
Management (DBM).

SEC. 7. Functions and Duties. - The MEC shall have the following functions
and duties:

(a) Recommend the opening and recognition of new medical colleges
especially in areas of need upon compliance with the minimum
requirements;


(b) Determine the minimum requirements for physical facilities of medical
colleges such as buildings, hospitals, equipment and supplies, apparatus,
instruments, appliances, laboratories and bed capacity 1 for instruction
purposes, operating and delivery rooms, facilities for out-patient services,
community health services, and others that are necessary for didactic and
practical instruction in accordance with recent trends;

(c) Determine the minimum number and the standard qualifications of
administrative and academic teaching personnel including student-teacher
ratio;

(d) Determine the minimum required curriculum leading to the degree of
Doctor of Medicine, including medical internship;

(e) Recommend the implementation of an acceptable innovative medical
curriculum or strategy in a medical college that has exceptional faculty,
students, equipment, and facilities; such medical colleges with an innovative
curriculum may prescribe admission and graduation requirements other
than those prescribed in this Act;

(f) Determine the minimum requirements for admission into a recognized
medical college;

(g) Develop and put into place programs as well as adopt and implement
policies that will encourage and allow applicants coming from marginalized
areas or groups as well as financially-challenged families to be admitted into
medical colleges and complete their medical education;

(h) Maintain a registry of medical students enrolled in medical colleges, and
conduct tracer studies for medical graduates for up to five (5) years from
graduation;

(i) Recommend the closure or suspension of the degree of Doctor of
Medicine program of a medical college by reason of poor performance in the
Physician Licensure Examination over a given period of time based on
statistical data furnished by the PRBM, or upon inspection of the medical
college by the MEC for reasons of various deficiencies or violations;

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

(k) Regulate, supervise, and monitor the medical internship program;


(1) Recommend to the Unified Financial Assistance System (UniFAST) Board
and CHED, policies and strategies for the effective implementation of
Republic Act (RA) No. 10687, otherwise known as the “Unified Student
Financial Assistance System for Tertiary Education (UniFAST) Act” and RA
No. 11509, otherwise known as the “Doktor Para sa Bayan Act” on matters
related to government scholarships for medical education and prescribe
mechanisms for the effective implementation of return-service agreements;
and

(m) Promulgate, prescribe, and enforce the necessary rules and regulations
for the proper implementation of the foregoing function.

SEC. 8. Medical Internship Program. - The MEC shall, within sixty (60)
days after the effectivity of this Act, also appoint a Technical Panel on Medical
Internship (TPMI). The TPMI shall consist of a Chairperson and at least seven (7)
Deans of CHED-recognized medical colleges or their representatives whose
responsibility is to assist the MEC in carrying out its functions and duties on the
medical internship program.

The TPMI shall have the following functions and duties:

(a) Formulate a one (1)-year standardized curriculum for medical
internship that may be rotating hospital-based, community-oriented, or
combination of both, including accreditation standards for health
institutions;

(b) Review the medical internship curriculum and accreditation standards
at least every four (4) years;

(c) Formulate and implement regulations and procedures for accredited
health institutions including sanctions for non-compliance;

(d) Accredit hospitals and other health facilities or settings that will be
allowed to
conduct a medical internship training program;

(e) Regularly evaluate and monitor the compliance of accredited health
institutions with the prescribed curriculum and accreditation standards,
and institute mechanisms for program evaluation;

(f) Determine the reasonable processing fee for eligible applicants to the
internship program and administrative fee for accreditation of health
institutions;


(g) Assist clinical clerks in coordination with their medical colleges, in
making an informed choice when selecting a particular health institution for
their medical internship;

(h) Formulate and implement a national internship matching program
including mechanisms for transfers after having been matched;

(i) Develop and implement a system for accredited health institutions to
monitor and evaluate the performance of their medical interns;

(j) Receive concerns and resolve complaints from medical interns or host
institutions; and

(k) Recommend to the MEC for the issuance of a certificate of completion of
medical internship to a medical intern upon the recommendation of the
accredited health

institution following the satisfactory completion of the internship program.

ARTICLE IV
THE PROFESSIONAL REGULATORY BOARD OF MEDICINE

SEC. 9. Creation. - There is hereby created a PRBM, under the
administrative control and supervision of the PRC. The PRBM shall be composed
ofa Chairperson, a Vice Chairperson and five (5) members. The Chairperson of the
PRBM shall be elected from among themselves by the members at a meeting called
for a purpose. The PRBM Chairperson shall serve for one (1) year and subject for
re-election. Each vacant position of the PRBM shall be appointed by the President
of the Republic of the Philippines from a list of three (3) nominees submitted
exclusively by the PRC from recommendations coming from the IPMA, other
professional organizations of physicians, or recognized medical colleges. The
PRBM shall be organized not later than six (6) months from the effectivity of this
Act.

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

(a) Supervise, regulate, and monitor the practice of medicine in the
Philippines, including telemedicine;

(b) Determine and evaluate qualifications of the applicants for the Physician
Licensure Examination and foreign applicants for special permits to
practice medicine in the Philippines or temporary training permits for post-
graduate medical education and training;


(c) Prepare the test questions in the Physician Licensure Examination in
accordance with recognized principles of evaluation and pertinent
provisions of Section 19 of this Act; prescribe the syllabi of the subjects and
their relative weights for the licensure examinations; conduct the
examination; and determine the final rating of the examination papers of
each examinee;

(d) Ensure that test questions in the Physician Licensure Examination are
appropriately formulated to assess the knowledge, skills and attitudes of
the examinees;

(e) Determine, amend or revise the coverage of the subjects in the Physician
Licensure Examination and their relative weights, and the proper conduct
of the examinations, including the security of the examination questions to
ensure that there are no leakages in the system, subject to the approval of
the PRC;

(f) Explore and develop ways on how to measure and evaluate the clinical
competence of examinees and integrate the same into the Physician
Licensure Examination;

(g) Register successful examinees in the Physician Licensure Examination
in the roll of physicians and issue the corresponding certificates of
registration;

(h) Issue special or temporary permits to foreign medical professionals to
practice medicine for specific projects, duration of time, and place of
practice;

(i) Administer the qualifying assessment for foreign medical professionals
who intend to train in the Philippines for a particular specialty or sub-
specialty field of practice;

(j) Monitor the conditions affecting the practice of the medical profession,
respond to emerging needs, and adopt measures for the enhancement of the
quality of the education and practice of medicine in coordination with the
appropriate regulatory bodi

(K) Monitor the performance of medical colleges and their compliance with
the rules and regulations of the MEC, in coordination with CHED;

(I) Conduct inspection of establishments where physicians are practicing
and in the case of medical schools, in coordination with the MEC as provided
in Section 9 of

RA No. 8981, otherwise known as the “PRC Modernization Act of 2000”;


(m) Promulgate rules and regulations including a Code of Ethics of the
Medical Profession, administrative policies, orders, and issuances to carry
out the provisions of this Act, in collaboration with the IPMA;

(n) Conduct regular quality assurance programs and activities to ensure
quality medical education;

(0) Investigate meritorious cases of violations of this Act, Code of Ethics, and
the pertinent rules and regulations, administrative policies, orders, and
issuances which are recommended for decision by the IPMA. The rules on
administrative investigation promulgated by the PRC shall govern the
conduct of such investigations: Provided, That a majority of the members of
the PRBM with the assistance of the Legal Division of the PRC shall conduct
the hearings. A member of the PRBM shall be assigned to preside over each
case for hearing;

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

(q) After due notice and hearing, cancel examination papers or bar any
examinee from future examinations, or both; refuse or defer the registration
of an examinee; reprimand the physician with a stern warning; suspend the
physician from the practice of the profession; revoke the physician's
certificate of registration; cancel special or temporary permit; impose the
payment of penalty fee, reprimand, suspend, or remove from the roll of
physicians on account of continuous non-payment of annual registration
fees, reinstate or re-enroll a physician's name in the said roll; and re-issue
or return the physician's certificate of registration and professional
identification card. A decision of suspension, revocation of the certificate of
registration or removal from the roll by the PRBM as provided herein, may
be appealed to the PRC within fifteen (15) days from receipt thereof;

(r) Administer the physician's oath;

(s) Institute and prosecute or cause to be instituted and prosecuted any and
all criminal action against any violation of this Act or the rules and
regulations of the PRBM, or both, subject to the provisions of Section 5, Rule

1110 of the Rules of Criminal Procedure, as amended;

(t) Adopt an official seal;


(u) Coordinate with the MEC in prescribing, amending or revising the
curricular courses in a Doctor of Medicine program;

(v) Assist the PRC in the implementation of its prescribed guidelines and
criteria on continuing professional development (CPD) for licensed
physicians consistent

with RA No. 10912, otherwise known as the “Continuing Professional
Development Act of 2016”;

(w) Set the standards and guidelines for the issuance and re-issuance of
certificates of registration including compliance with the PRBM’s CPD
program; and

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

The policies, resolutions, rules and regulations, orders, or decisions issued or
promulgated by the PRBM shall be subject to the review, revision, and approval by
the PRC. The orders or decisions may be appealed to the PRC within the prescribed
period.

SEC. 11. Qualifications of Members of the Board. - Each PRBM member at
the time of appointment must have the following qualifications:

(a) Anatural-born Filipino citizen and has been a resident of the Philippines
for at least ten (10) consecutive years;

(b) A holder of a valid certificate of registration and updated professional
identification card as a physician;

(c) Has been practicing medicine for at least ten (10) years;
(a) A continuing bona fide member of the IPMA;

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

(f) Has at least ten (10) years of experience as a faculty member of a medical
college and preferably with an academic rank of Associate Professor;

(g) Not a current member of the faculty staff of any medical college;

(h) Does not have any pecuniary interest in an institution which offers and
operates


a program for the degree of Doctor of Medicine; and

(i) Not connected with or has no pecuniary interest in a review center,
school, group, or association offering classes or lectures as preparation for
the Physician Licensure Examination.

SEC. 12. Term of Office. - The members of the PRBM shall hold office from
the date of their appointment for a term of five (5) years or until their successors
shall have been qualified and appointed, subject to reappointment for another
term only. Appointments to fill up vacant positions for reasons other than through
expiration of regular terms, including physical or mental incapacity shall be for the
unexpired period only.

‘A successor to a member whose term of office has expired shall be
appointed for the full term of five (5) years from the date of expiration of the term
of office for which member's predecessor was appointed.

Each member shall take an oath of office before the performance of their
duties and
responsibilities. The incumbents whose terms have not yet expired or who are
merely on a hold over capacity, at the effectivity of this Act, shall be allowed to
serve the unexpired portion of their terms or may be re-appointed under this Act.

SEC. 13. Compensation. - The Chairperson, Vice Chairperson, and
members of the PRBM shall receive compensation and allowances or other
benefits pursuant to the provisions of RA No. 8981, 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. ~ The President, upon recommendation
of the PRC after giving the member an opportunity to be heard by himself or by
counsel ina proper administrative investigation to be conducted by the PRC, may
suspend, or remove any member of the PRBM on any of the following grounds:

(a) Neglect of duty or incompetence;

(b) Unprofessional, unethical, or dishonorable conduct;

(©) Manipulation or rigging the results of any Physician Licensure
Examination, divulging of secret information, disclosure of the said

examination, or tampering of the grades therein; or

(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 PRBM shall be under the supervision and control of
the PRC, with the PRC chairperson as the chief executive officer thereof. All records
of the PRBM shall be under the custody of the PRC.

The PRC shall designate the secretary of the PRBM and shall provide the
secretariat and other support services from the organic personnel of the PRC to
implement the provisions of this Act.

ARTICLE V
PHYSICIAN LICENSURE EXAMINATION

SEC. 16. Prerequisites to the Practice of Medicine. - No person shall

engage in the practice of medicine in the Philippines unless the person:

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

b) Holds a valid special/temporary permit issued by the PRBM subject to
approval by the PRC, or unless exempted by this Act from holding any of
the foregoing certificates of registration; and

c) Isamember of good standing of the IPMA;

Any foreign doctor who intends to undergo residency or fellowship training
in the practice of medicine must pass the qualifying assessment given by the
PRBM.

SEC. 17. Examination Required. - All applicants for registration prior to
the issuance of certificate of registration and a professional identification card as
a physician, shall be required to pass the Physician Licensure Examination as
provided for in this Act, and shall be subject to the payment of the fees prescribed
by the PRC.

SEC. 18. Qualifications for 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) A citizen and resident of the Philippines or a citizen of a foreign country
or State that observes reciprocity in the practice of medicine with the
Philippines;

(b) Is mentally, emotionally and physically sound with a certificate of good
moral character signed by the Dean of the medical college from where the
applicant graduated;


(c) Has not been convicted by final judgment by a court of any criminal
offense;

(d) A holder of the degree of Doctor of Medicine or its equivalent for

innovative curriculum, conferred by a medical college established in the

Philippines and duly recognized by the CHED, or a degree conferred by a

foreign college of medicine and accredited by the CHED as substantially

equivalent to the degree of Doctor of Medicine conferred by medical
colleges in the Philippines; and

{e) Has completed a one (1) year medical internship.

SEC. 19. Scope of Physician Licensure Examination. - The Physician
Licensure Examination shall cover the following fourteen (14) individual or
combined subjects with the relative weights for each:

(a) Anatomy and Histology;

(b) Physiology;

(c) Biochemistry and Molecular Biology;

(a) Pharmacology and Therapeutics;
(e) Microbiology and Parasitology;

(f) Anatomic and Clinical Pathology;

(g) Internal Medicine, Neurology, Dermatology, Geriatrics, Oncology,
Psychiatry Behavioral Medicine, and Clinical Neuroscience;

(h) Obstetrics and Gynecology;
(i) Pediatrics and Nutrition;
(j) Surgery, Anesthesiology and Pain Management;

(k) Ophthalmology, Otolaryngology-Head and Neck Surgery, and
Orthopedics;

(1) Family and Community Medicine, Preventive Medicine and Public Health
Economics, Physical and Rehabilitative Medicine, Palliative Medicine;

(m) Medical Ethics; and

(n) Legal Medicine, Medical Jurisprudence, and Medical Informatics.


Diagnostic, Interventional and Therapeutic Radiology shall be integrated
into all clinical subject clusters.

In case there is a need or when circumstances require, or to conform with
technological advancements and other developments, the PRBM, in consultation
with the MEC and recognized association of medical colleges, may revise the
substance, format, and the conduct of the examinations.

Each of the fourteen (14) subjects shall have its syllabus or table of
specifications for purposes of the Physician Licensure Examination. The PRBM
shall apply the table of specifications after a lapse of three (3) months reckoned
from the concurrence of all the following requisites:

(1) Consultation with the association of medical colleges;
(2) Approval by the PRC;

(3) Publication of the PRBM resolution in a newspaper of general
circulation; and

(4) Dissemination to all 1 medical colleges.

SEC. 20. Venues and Schedule of Examinations. - The PRBM shall
administer the examinations for the registration of physicians at least twice a year
in such places as the PRC may designate in accordance with the provisions of RA
No. 8981. However, in case of a public health emergency, disaster, or calamity,
whether natural or human-induced, the PRBM may postpone such examinations
toa later date.

An applicant may be allowed to take the examinations in two (2) parts. The
first part shall consist of questions from basic medical courses enumerated in
paragraphs (a) to (f) of Section 19 of this Act, and the rest may be taken up in the
second part: Provided, however, That the two (2)-part examinations must be taken
within one (1) and the same year.

SEC. 21. 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 fourteen (14) subjects: Provided, That there is no rating
obtained in any subject below fifty percent (50%): Provided, further, That any
examinee who fail in the Physician Licensure Examination (PLE) for the third time
shall be required to take a refresher course taken from an accredited medical
school as a requirement prior to allowing such examinee to take subsequent PLE.

The PRBM shall issue specific guidelines on the refresher course
requirement.


SEC. 22. Report and Publication of the Results of Examination. - The
PRBM shall report the rating of each examinee to the PRC within ten (10) days
from the last day of examination or any other period granted by the PRC. The
official results of the examination containing the list of topnotcher examinees with
their respective medical colleges and the names of the medical colleges obtaining
the top percentage of successful examinees shall be published by the PRC.

The report of rating of every examinee shall be sent via registered mail to
the examinee’s given address, using the examinee’s mailing envelope submitted
prior to the examination.

SEC. 23. Oath. - All successful examinees shall be required to take the
physician’s oath before the PRBM or any person authorized by the PRC to
administer it before they are issued their certificates of registration and
professional identification cards, or before they are allowed to start their practice
of the medical profession.

SEC. 24. Registration, Issuance of Certificate of Registration and
Professional Identification Card; Integrated Philippine Medical Association
Membership Card; Non-registration and Grounds Thereof. - All successful
examinees, upon compliance with all legal requirements and payment of fees
prescribed by the PRC, shall be registered and issued certificates of registration
and professional identification cards. They shall likewise be deemed members of
the IPMA upon compliance with all requirements and payment of reasonable
compulsory dues. Upon presentation of their certificates of registration and
professional identification card, they shall be issued a separate IPMA membership
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 PRC
and the members of the PRBM. Moreover, this document must be stamped with
the seals of the PRC and the PRBM, certifying that the name of the person stated
therein appears in the Registry, Roster, or Roll of Physicians under the custody of
the PRC; that the person has complied with all the legal requirements for
registration as a physician; and that the person is entitled to exercise all the
privileges appurtenant to the practice of medical profession: Provided, That the
physician does not violate this Act, its implementing rules and regulations, the
Code of Ethics of the Medical Profession, and other regulatory issuances and
policies of the PRC and the PRBM.

The professional identification card shall bear the name of the registered
licensed physician, the registration number, the date of issuance, and the date of
the expiration of the license.


Updating of practice information such as location, affiliation, and field of
practice and specialization shall be required for renewal of the PRC identification
card and IPMA membership card.

A successful examinee who has been finally convicted by a competent court
of a criminal offense, found guilty by the PRBM of dishonorable or immoral
conduct, or declared by a court to be of unsound mind, shall not be registered. The
decision of the PRBM, finding the examinee guilty of dishonorable or immoral
conduct may be appealed to the PRC within fifteen (15) days from receipt of the
PRBM's decision or resolution, and to the Court of Appeals within the same period
from the receipt of the decision or resolution of the PRC. The facts and the reasons
for refusal to register 1 shall be clearly stated in writing, communicated to the
examinee, and duly incorporated in the records of the PRC.

SEC. 25. Registration of Foreign Medical Graduates of Philippine Medical
Schools, - A foreign student who has been conferred the Doctor of Medicine
degree from a Philippine College of Medicine recognized by the Commission on
Higher Education (CHED) and completed the 12-month internship in the
Philippines is eligible for registration and practice. To this end, the CHED is hereby
mandated to issue the required certification or appropriate documentation
thereto.

The said foreign medical graduates who obtained their medical degrees in
Philippine medical schools who opt to pursue medical practice in the Philippines
shall be allowed to take the Physician Licensure Examination and upon passing the
PLE, shall be entitled to practice medicine subject to the provisions of Section 41
or Section 42 of this Act.

ARTICLE VI
THE POSTGRADUATE MEDICAL EDUCATION COUNCIL
SEC. 26. Creation. - There is hereby created the Postgraduate Medical
Education Council, herein referred to as the PGMEC, under the Professional

Regulatory Board of Medicine (PRBM).

The PGMEC shall be headed by the incumbent chair of the PRBM or its duly
authorized representative and the following as members:

(a) Chairperson of the Civil Service Commission or a duly authorized
representative;

(b) Secretary of Health or a duly authorized representative;

(c) Secretary of Labor and Employment or a duly authorized representative;


(d) One (1) representative from the IPMA;
(e) One (1) representative from the private hospital association; and

(f) Three (3) representatives, one (1) from each of three (3) different
Medical Practice Groups.

‘The PGMEC shall constitute a Medical Practice Group (MPG) for each lead
or primary medical specialty previously identified by the PRBM through a
resolution. Each MPG shall be composed of a chairperson and at least six (6) but
not to exceed twelve (12) members who must all be licensed physicians and
actively engaged in the professional practice of the respective medical specialty.

The PGMEC shall promulgate a nomination process for the membership of
each MPG as recommended by the primary professional specialty organization or
specialty board based on an explicit set of qualifications. It shall appoint the
chairperson and members of each MPG for a term of two (2) years: Provided ,That,
no chairperson nor member shall serve for more than three (3) consecutive terms.

To provide equal opportunity for representation, the PGMEC shall select
which MPGs will be represented in the PGMEC based on a yearly rotation
mechanism for all existing MPGs.

Each MPG with the assistance of and in coordination with the corresponding
professional specialty organization or specialty board shall constitute four (4)
committees to assist the PGMEC in discharging its functions:

(a) Committee on Training

It shall establish standards of residency or fellowship training including the
curriculum and all necessary resources for each medical specialty or
subspecialty. It shall regularly monitor the performance and achievements
of all trainees including the conduct of in-service training examinations to
evaluate the competencies achieved by trainees per year level. It shall
regularly review the training curriculum to keep up with emerging trends
and new developments.

(b) Committee on Accreditation

It shall establish standard requirements for the accreditation of
postgraduate medical education and training programs of healthcare
institutions in a particular medical specialty or subspecialty and regularly
review these in the light of emerging trends and new developments. It shall
regularly monitor the compliance of training programs of healthcare
institutions with the established guidelines. It shall screen, inspect,


examine, assess and recommend the approval of new training programs. It
may recommend sanctions including the withdrawal of accreditation for
training programs with repeated or major deficiencies.

(c) Committee on Certification

It shall determine the eligibility credentials of graduate residents or fellows
in training in preparation for the specialty board certifying examination. It
shall formulate and conduct the specialty board certifying examinations to
determine whether a graduate resident or fellow in training has
satisfactorily attained the required proficiencies of a specialist. or
practitioner of the corresponding specialty or subspecialty of medicine.

(d) Review Committee

It shall formulate policies on compensation, benefits and working
conditions of residents or fellows in training and other policies related to
postgraduate medical education and training. It shall handle complaints of
residents, fellows, patients, or physicians and submit recommendations to
the PRBM for approval and action regarding complaints filed. It shall also
screen foreign medical professionals who would like to undergo residency
or fellowship training in the country. It shall establish guidelines for the
recognition of new medical specialties or subspecialties and receive
applications for such. It shall study, review, hear, and recommend the
approval or disapproval of applications for recognition of a new medical
specialty or subspecialty.

The PRC shall provide a Secretariat for the PGMEC 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 PGMEC.

The members of the PGMEC shall perform their duties as such without
compensation or remuneration, subject to reasonable per diem allowances as
approved by the PRC and subject to existing rules and regulations of the DBM.
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 PRC, subject to existing rules and regulations
of the DBM.

SEC. 27. Powers and Functions of the PGMEC. - The PGMEC shall ensure
the quality, sustainability, and development of post-graduate medical education
and training for all specialties and subspecialties of medicine. Through the


respective MPGs and the professional specialty organizations or specialty boards,
it shall perform the following functions:

(a) Establishment of standards of postgraduate medical education and
training in all medical specialties or subspecialties including their training
curricula and desired outcomes;

(b) Ensure that the standards set for postgraduate medical education and
training are aligned with the Career Progression and Specialization
Program of the PRC and the PRBM, national health agenda, responsive to
the health needs of the population, and at par with international norms;

(c) Accredit postgraduate medical education and training programs;

(d) Ensure the compliance of accredited postgraduate medical education
and training programs with established accreditation guidelines and
prescribe remedial measures for those with deficiencies;

(e) In consultation with appropriate agencies, work for the provision of
better compensation and benefits and humane working conditions for
residents and fellows in training;

(f Screen foreign medical professionals who intend to undergo
postgraduate medical education and training in the country and monitor
their performance;

(g) Maintain a registry or database of accredited postgraduate medical
education and training programs, the residents and fellows including
foreign medical professionals training in those institutions;

(h) Receive and act on complaints and grievances of residents or fellows in
training against co-residents, co-fellows and their host healthcare
institution, as well as complaints of patients against trainees;

(i) Conduct of the specialty board certifying examinations including
determination of each candidate’s eligibility;

(j) Issue the corresponding Certificates of Accreditation to healthcare
institutions that have complied with all requirements; Certificates of
Training to resident and fellow trainees who have satisfactorily completed
their postgraduate medical education and training; and Diplomas to eligible
candidates who have successfully passed the professional specialty board
certifying examinations;


(k) Seek or request the assistance and support of any government agency,
office or instrumentality including government-owned or -controlled
corporations, local government units as well as non-governmental
organizations or institutions in pursuance of its functions; and

() Formulate other policies as it may deem necessary in pursuance of its
functions.

SEC. 28. Accreditation of Postgraduate Medical Education and Training
Programs, - Postgraduate medical education and training programs shall only be
conducted in PGMEC-accredited training institutions. The PGMEC shall be the only
government agency who shall have authority over postgraduate medical
education and training programs. Through the corresponding MPGs, it shall
oversee the training and certification of medical specialists and subspecialists in
the country.

Certificates of Competence or similar certifications issued by different
professional specialty or sub-specialty organizations or specialty boards prior to
the passage of this Act, shall be replaced with new Diplomas to be issued by PGMEC
upon submission of the original or certified true copy of the original certificates.

SEC. 29. Qualifications of Applicants to Postgraduate Medical Education
and Training Programs. - The following shall be the minimum qualifications of
applicants to postgraduate medical education and training programs:

(a) Must be a registered and licensed Physician;
(b) Has no previous criminal conviction or administrative liability, or both;

(c) Has obtained temporary training permit from the PRBM in the case of
foreign medical professionals; and

(d) Has complied with the other qualifications as may be required by the
PRBM and
the PRC.

SEC. 30. General Conditions for the Postgraduate Medical Education and
Training of Foreign Medical Professionals. - The following general conditions
shall be applied to foreign medical professionals undergoing postgraduate medical
education and training in the Philippines:

(a) Accredited postgraduate medical education and training programs shall
be allowed to accept foreign medical professionals only in cases wherein no
Filipino physician is applying for the same vacancy. Filipino physicians shall


be given the first priority in filling up vacancies for residency or fellowship
trainee positions;

(b) Foreign medical professionals shall secure clearance from the PRBM
prior to applying for a training position with any accredited postgraduate
medical education and training program;

(c) Foreign medical professionals shall undergo basic language course in
Filipino or the dialect that is used in the locality where the accredited
training institution is located before commencing postgraduate medical
education and training. A certificate of proficiency in Filipino and the dialect
of the locality shall be obtained by the foreign medical professional from a
CHED-accredited state university or tertiary education institution in the
locality where the foreign medical professional intends to undergo
postgraduate medical education and training before the PRBM may issue a
clearance. For accredited institutions located in areas wherein English is the
language used and understood by the majority, proficiency in a dialect shall
no longer be required;

(d) Foreign medical professionals shall be required to undergo a seminar on
Philippine history, culture, and government as well as the Philippine laws
affecting the health care delivery system, such as RA No. 11223, otherwise
known as the “Universal Health Care Act”; RA No. 10173, otherwise known
as the “Data Privacy Act of 2012”; RA No. 11332, otherwise known as the
“Mandatory Reporting of Notifiable Diseases”; RA No. 11058, otherwise
known as the “Health Events of Health Correction Act,” and among others
prior to the commencement of postgraduate medical education and
training; and

(e) Foreign graduates of medicine must have no previous criminal
conviction or administrative liability in the Philippines and their country of
origin.

‘The PRBM, subject to the approval of the PRC, shalll issue specific guidelines
on the issuance of the Temporary Training Permit to foreign medical
professionals intending to undergo residency training.

SEC. 31. Working Conditions of Residents or Fellows in Training. - The
following shall be strictly observed by all accredited postgraduate medical
education and training healthcare institutions:

(a) No resident or fellow trainee shall be allowed to go on duty for more
than twenty-four (24) hours straight, except in extraordinary cases to be
determined by the corresponding hospital administrator or training
program director;


(b) Resident and fellow trainees shall be entitled to one (1) day off from
hospital duty every week; unless there is an agreement to the contrary
between the hospital and medical resident;

(c) Resident and fellow trainees shall be provided with standard quarters in
the hospital where they can stay and rest during their tour of duty;

(a) Resident and fellow trainees shall only perform those functions that are
related to their education and training. As such, their superiors are hereby
prohibited from issuing unrelated orders or are demeaning to a trainee's
dignity as a person. The PGMEC shall receive and investigate complaints of
this nature;

(e) Resident and fellow trainees are entitled to adequate periods for meal
breaks and personal care during their tour of duty;

(f) Resident and fellow trainees shall always be supervised by their
superiors especially when performing critical procedures on patients. In the
case of a junior trainee, the more senior trainee or consultant shall be
available for supervision and assistance, and in the case of senior trainees,
their consultant; and

(g) Residents and fellow trainees shall be treated equally. No trainee shall
be discriminated because of gender, race, ethnicity, or religion.

In any and all cases described above, it is the quality and continuity of
patient care that should be the most important consideration.

SEC. 32. Professional Conduct of Resident or Fellow Trainees. - In
addition to the Code of Ethics of the Medical Profession as jointly approved by the
IPMA and the PRC, a resident or fellow trainee shall always observe the following
professional conduct:

(a) Uphold the dignity, privacy and rights of their patients;

(b) Perform their functions with utmost diligence especially those related
to care of patients so as not to inflict any harm on them;

(c) Refrain from engaging in unacceptable practices such as:
(1) Receiving any form of payment from their patients;

(2) Accepting commissions from laboratories, diagnostic facilities, or
pharmacies for referring patients to these faci



(3) Obtaining excess and unused medicines, drugs and other
materials from patients or the supply source, without proper
permission;

(4) Selling medicines, drugs and other materials to patients or their
relatives;

(5) Selling free samples of drugs or other medicines; and
(6) Receiving money or any form of incentives from any
pharmaceutical company for prescribing their brand of drugs,

medicines, and other materials;

(d) Treat superiors, subordinates, co-workers, and patients’ relatives with
utmost respect;

(e) Observe the provisions of RA No. 6675, otherwise known as the
“Generics Act of 1988” and RA No. 9502, otherwise known as the “Cheaper
and Quality Medicines Act of 2008”; and

(f) Render full-time service to the healthcare institution where the trainee
is employed and shall not engage in any part-time job outside the
institution.

SEC. 33. Responsibilities of Accredited Postgraduate Medical Education
and Training Healthcare Institutions. - In addition to the enforcement of the
provisions of this Act, accredited postgraduate medical education and training
institutions shall have the following responsibilities:

(a) Regularly submit the names of residents and fellow trainees in their
institution and such other relevant information to the PRBM;

(b) Provision of the necessary standard quarters, logistics, equipment, and
other supplies to trainees while undergoing postgraduate medical
education and training; and

(c) Conduct periodic evaluation of competencies acquired by resident and
fellow trainees per year level.

SEC. 34. Grievance System. - A grievance system is hereby established,
wherein any aggrieved party may seek redress in accordance with the following
rules and procedures:

(a) A written complaint must be filed with the Review Committee of the
respective MPG, hereinafter referred to as the Committee. The Committee


shall rule on the complaint through a notice of resolution within sixty (60)
calendar days from receipt thereof,

(b) An appeal from the decision of the Committee must be filed with the
PGMEC within thirty (30) calendar days from receipt of the notice of
resolution;

(c) The PGMEC shall promptly and expeditiously issue its decision or
resolution on each appeal or grievance within sixty (60) days from the date
it is submitted to it for determination; or employee to the penalties
prescribed under Section 32 of this Act; and

(d) All parties shall keep the proceedings confidential during the pendency
of the case before the Committee.

SEC. 35. Hearing Procedures of the Committee. - Upon the filing of the
complaint, the Committee, after consideration of the allegations thereof, may
dismiss the case outrightly due to lack of verification, or for failure to state the
cause of action, or any other valid ground for the dismissal of the complaint after
consultation with the PGMEC, or require the respondent to file a verified answer
within five (5) days from service of summons.

In case the respondent fails to answer the complaint within the
reglementary five (5)-day period herein provided, the Committee, motu propio or
upon motion of the complainant, may render judgment as may be warranted by
the facts alleged in the complaint and limited to what is prayed for therein.

After an answer is filed and the issues are joined, the Committee shall
require the parties to submit, within ten (10) days from receipt of the order, the
affidavits of witnesses and other evidence on the factual issues defined therein,
together with a brief statement of their positions setting forth the law and the facts
relied upon by them. In the event that the Committee finds, upon consideration of
the pleadings, the affidavits and other evidence, and position statements
submitted by the parties, that a judgment may be rendered thereon without need
ofa formal hearing, it may proceed to render judgment not later than ten (10) days
from the submission of the position statements of the parties.

In cases where the Committee deems it necessary to hold a hearing to clarify
specific factual matters before rendering judgment, it shall set the case for hearing.
At such hearing, the proponent may conduct a direct examination of witnesses on
the basis of their affidavits and may be cross examined by the adverse party. The
order setting the case for hearing shall specify the witnesses who will be called to
testify, and the matters which their examination will pertain to. The hearing shall
be terminated within fifteen (15) days, and the case decided upon by the
Committee within fifteen (15) days from such termination.


‘The decision of the Committee shall become final and executory fifteen (15)
days after notice thereof: Provided, That the same may be appealable to the PGMEC
within thirty (30) days from receipt of the copy of the judgment appealed from. An
appellee shall be given fifteen (15) days from notice to file a memorandum after
which the PGMEC shall decide on the appeal within sixty (60) days from the
submittal of the said pleadings.

The decision of the PGMEC shall also become final and executory 1 fifteen
(15) days after notice thereof: Provided, however, That the same may be reviewed
by the Supreme Court on purely questions of law in accordance with the Rules of
Court.

The Committee and the PGMEC, in the exercise of their quasi-judicial
functions can administer oaths, certify to official acts, and issue subpoena to
compel the attendance and testimony of witnesses, and subpoena duces tecum and
ad testificandum to enjoin the production of books, papers, and other records, and
to testify therein on any question arising out of this Act. Any case of contumacy
shall be dealt with in accordance with the provisions of the Revised Administrative
Code and the Rules of Court. The PGMEC or the Committee, as the case may be,
shall prescribe the necessary administrative sanctions.

In all its proceedings, the PGMEC or the Committee shall not be bound by
the technical rules of evidence: Provided, finally, That the Rules of Court shall apply
with suppletory effect.

SEC. 36. Violations. - Any healthcare training institution or any of its
resident or fellow trainees, or both, that have been found violating any provisions
of this Act shall have the following penalties:

(a) First Offense - Reprimand;

(b) Second Offense - Suspension with duration depending on the gravity of
the offense but not exceeding six (6) months; and

(c) Third Offense - Revocation of the accreditation of the training institution,
or in the case ofa resident or fellow in training, non-issuance of a Certificate

of Training and removal from the postgraduate medical education and
training program.

ARTICLE VIE
REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION

SEC. 37. Acts Constituting the Practice of Medicine. - The following are
acts constituting the practice of medicine:


(a) History taking and physical examination of any person for any disease,
injury, or deformity; and diagnosing, treating, operating, prescribing, or
dispensing any remedy therefor;

(b) History-taking and examination of any person through submission of
photographs and videos or any communication through telecommunication
or electronic means for any disease, injury, or deformity; diagnosing and
prescribing or dispensing any remedy therefor through electronic means or
telemedicine;

(c) History-taking and physical examination of any person's mental
condition for any ailment, real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed, or recommended;

(d) Offering or undertaking to diagnose, treat, operate, prescribe, or
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;

(e) Using or affixing “M.D.” to the person’s name in written or oral
communications. Unless otherwise specified, the letters “M.D.” shall mean
Doctor of Medicine: Provided, That only those who have passed the
Physician Licensure Examination and licensed to practice the medical
profession are allowed to use the title “M.D.”; and

(f) Conducting formal medical classes in medical colleges, seminars,
lectures, symposia and the like unless the subject matter being taken up
involves basic science fundamentals in the furtherance of its applications in
clinical medicine.

SEC. 38. Exceptions in the Practice of Medicine. - For purposes of this Act,
the following shall not be considered as engaging in the practice of medicine:
Provided, That they are attending to patients under the direct supervision and
control of a duly licensed physician.

(a) Medical students, clinical clerks, and medical interns attending to
patients;

{b) Foreigners who intend to undergo or are undergoing postgraduate
medical education and training or otherwise under training with a valid
special permit from the PRBM;


(c) Non-medical persons who perform specific interventions in emergency
situations to save life or preserve limb according to their level of
competence determined by their prior training and certification;

(d) Non-medical educators who have attained a Masters or Doctorate
degree on a specific field in the basic sciences of medicine who conduct
teaching learning activities for medical students, interns, or licensed
physicians; and

(e) Practitioners of Traditional and Complementary Medicine Modalities or
systems who are regulated by the Philippine Institute of Traditional and
Alternative Health Care.

SEC. 39. Scope of Medical Practice. - The scope of the practice of medicine
is the application of medical knowledge, skill, and judgment for the promotion of
good health; the prevention and treatment of physical, mental, or psycho-social
diseases, disorders, injuries, and conditions; the assessment and management of a
physical, mental, or psycho-social disease, disorder, injury, or condition of an
individual or group of individuals at any stage of the biological life cycle, including
the prenatal and postmortem periods delivered either in clinical or non-clinical
settings.

(a) Clinical Practice of Medicine
(1) General Medical Practice refers to the professional practice ofa
General Physician who has completed basic medical education and
medical internship, has obtained a PRC license, and has not
completed any formal postgraduate medical education and training
as defined in this Act.

(2) A General Physician or a Medical Specialist may serve as a
Primary Care Provider as provided for in RA No. 11223, when the
defined competencies in Primary Care as certified by the DOH are
achieved.

(3) Limited Specialty Care Practice refers to the clinical practice of a
General Physician with additional credentials to independently
provide particular emergency and essential health care services in
locations where specialist physicians are unavailable or inaccessible,
obtained after undergoing the necessary qualifications and training
as may be determined by the corresponding MPGs and PGMEC in
collaboration with the respective professional _ specialty
organizations or specialty boards and monitored regularly by the
same. The corresponding MPGs and PGMEC, in consultation with the
DOH, shall determine the localities where specialist physicians are
unavailable or inaccessible.


(4) Specialty Medical Practice refers to the professional practice of a
Specialist Physician who is a licensed physician and has completed
additional formal postgraduate medical education and training in a
distinct clinical medical discipline focused on a defined group of
patients, diseases, skills, or philosophy and has been certified by the
PGMEC upon the recommendation of the corresponding MPGs. The
scope of specialty medical practice refers to the diagnosis and
management of specific conditions as defined by the corresponding
MPG and PGMEC for a particular specialty or subspecialty: Provided,
That those who have undergone specific and sufficient specialty
training prior to the effectivity of this Act shall be recognized and
certified by the PGMEC as specialist physician upon accreditation of
such training program under the PGMEC.

(b) Non-Clinical Practice of Medicine

This refers to the practice of the profession wherein the physician is
engaged in the application of medical knowledge and skills in the fields of
health research and policy, basic medical education, public health and
health systems management, health communications, healthcare industry
and administration, and among others.

This Act shall not be construed to affect or prevent the practice of any other
legally recognized profession. The foregoing list notwithstanding any act that
requires the application of medical knowledge, skills, training, and competence
shall be deemed to constitute the practice of medicine.

SEC. 40. Establishment of Physician-Patient Relationship under
telemedicine. - The physician and patient interacting through telecommunication
services, for purposes of telemedicine practice, shall be considered to have
established a physician-patient relationship, and all pertinent laws governing and
related to the said relationship shall likewise apply.

A physician-patient relationship may be established through telemedicine
and the health care services provided through this means shall be held to the same
standards of practice and conduct as in-person services. The relationship is firmly
established when the physician agrees to undertake diagnosis and treatment of
the patient and the patient agrees to be treated, whether there has been an in-
person encounter or not.

SEC. 41. Reciprocity. - A foreigner may be allowed to practice medicine in
the Philippines without having to pass the Physicians Licensure Examination, if
the country of which the foreigner is a citizen, allows Filipino citizens to practice
medicine under the same conditions such as the following:


(a) The country of which the foreigner is a citizen, imposes the same
academic and training requirements for its citizens to be able to practice
medicine;

(b) There is a reciprocity agreement, executive agreement, or international
agreement, or treaty to this effect signed by both governments of the
Philippines and the country of which the foreigner is a citizen; and

(c) The foreigner must show documents equivalent to the PRC Identification
Card or Certificate of Registration attesting that the foreign country’s
regulatory board of medicine has allowed the person to practice medical
profession in their country.

SEC. 42. Special Permits to Practice Medicine in the Philippines. - In the
absence of reciprocity agreement, executive agreement, international agreement,
or treaty, a foreigner may be allowed to practice in the Philippines subject to the
following conditions:

(a) The foreigner must obtain a special permit from the PRC;

(b) The special permit shall specify the purpose, limitations, place of
practice, and such other conditions as may be imposed by the PRC such as:

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

(2) The specific area of medical specialization;

(3) The specific place of practice, such as clinic, hospital, center,
medical college, as the case may be;

(c) Payment of the required fees; and

(d) Undertaking that the foreigner shall abide by the Code of Ethics
of the Medical Profession in the Philippines.

‘The PRC may issue a special permit to a foreign medical professional not
covered by any reciprocity agreement or under Section 41 hereof under the
following guidelines:

(a) Physicians who are citizens of and licensed in foreign countries and who
intend to render free medical services to patients, indigent or otherwise, in
the Philippines in a particular local hospital, center, or clinic: Provided , That
areasonable honorarium may be allowed for daily subsistence during their


stay or service in the Philippines, and: Provided, further, That they render
such services under the direct supervision and control of a duly licensed
Filipino physician;

(b) Physicians who are internationally well-known medical specialists or
publicly acknowledged as experts in any field of medical specialization;

(c) Physicians of foreign countries whose services are urgently necessary,
owing to the lack of available local specialists or experts, or for the
promotion and advancement of the practice of medicine including, the
conduct of formal classes or training and acting as resource persons in
medical seminars, fora, or symposia; and

(d) Physicians licensed in foreign countries who are employed as exchange
professors in any area of medical specialization.

Other categories of foreign physicians as may be determined by the PRBM
and the PRC.

SEC. 43. Administrative Investigation and Disciplinary Actions. - The
PRBM shall have the power, upon proper notice and hearing, after finding of guilt,
issue and reprimand, to suspend from the practice of profession, or revoke the
certificate of registration of a physician, or cancel the special or temporary permit
or temporary training permit issued to a foreign medical professional for any of
the following grounds or causes:

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

(b) Immoral or dishonorable conduct;

(c) Mental incapacity;

(d) Fraud in the acquisition of the certificate of registration and the
professional identification card or temporary or special permit or

temporary training permit;

(e) Gross negligence, ignorance, or incompetence in the practice of the
profession, resulting in injury to or death of the patient;

(8 Addiction to alcoholic beverages, any habit-forming drug, or any form of
illegal gambling, rendering the person incompetent to practice the
profession;

(g) Making or causing to be made false, misleading, extravagant, or unethical
advertisements, or making or causing to be made advertisements wherein


and

things other than the physician’s name, profession, limitation of practice,
clinic hours, and office and home addresses are mentioned;

(h) Issuance of any false statement or spreading any false news or rumor
which is derogatory to the character and reputation of another physician
without justifiable motive;

(i) Issuing any false medical certificate or findings or making any fraudulent
claims with government or private health insurance knowingly;

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

(k) Allowing oneself to be substituted by an unqualified or unlicensed
person to practice general or specialty medicine: Provided, however, That
this provision shall not apply to accredited training programs where
students, interns, or residents or fellows in training are allowed to perform
tasks under supervision;

(I) Substituting for another medical practitioner in the professional care of
the latter’s patient without the patient's knowledge and consent;

(m) Abetting or assisting in the illegal practice by a person who is not
lawfully qualified to practice the profession;

(n) Using or advertising any title or description tending to convey the
impression to the general public that one is a medical specialist in a
particular field of medicine when in fact the person does not possess the
necessary qualifications to practice the specialty;

(0) Practicing the profession during the period of the suspension or during
the period that the license is revoked;

(p) Willful failure or refusal to be a member in good standing of the IPMA;
(q) Violation of any provision of the Code of Ethics of the Medical Profession
as jointly approved by the IPMA and the PRC.

SEC. 44. Rights of the Parties. - The private complainant and the

respondent physician shall have the right to be heard, to a counsel, toa speedy and
impartial hearing, to confront and to meet the witnesses, to compulsory processes,
to secure the attendance of witnesses and the production of evidence, and to all
other rights guaranteed by the Constitution and the Rules of Court. All cases filed
or pending under this Act, except those filed or pending in courts and other quasi-
judicial and investigative bodies, shall not be discussed nor taken up in any other
forum until after the same shall have been decided with finality.


SEC. 45. Appeal from Judgment. - The decision of the PRBM 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 PRBM shall be allowed. A
decision of suspension, revocation of the certificate of registration, or removal
from the roll of physicians by the PRBM as provided herein may be appealed to the
PRC within fifteen (15) days from receipt thereof.

SEC. 46. 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, the PRBM may order
the reinstatement of any physician whose certificate of registration has been
revoked, if the respondent, for reasons of equity and justice and when the cause
for revocation has disappeared or has been cured and corrected or has shown or
has acted in an exemplary manner in the community, upon proper application
therefor and the payment of the required fees, issue another copy of the certificate
of registration and professional identification card.

A new certificate of registration or professional identification card to
replace a certificate or card that has been lost, destroyed, mutilated, or otherwise
could no longer be used for its purpose, may be issued, subject to the rules of the
PRC.

SEC. 47. Mandatory Use of Certificate of Registration Number,
Professional ID Number, IPMA Membership Number, and Professional Tax
Receipt Number. - A registered licensed physician shall indicate the certificate of
registration number, the number and the expiry date of the professional
identification card, IPMA membership number, and Professional Tax Receipt
number on the prescription and other documents used or issued in connection
with the practice of profession.

SEC. 48. Vested Rights. - All physicians registered at the time this Act takes
effect shall be automatically registered under the provisions hereof, without
prejudice, if any, to the other requirements herein set forth.

All physicians whose names appear in the Registry, Roll, or Roster of
Physicians at the time of the effectivity of this Act shall automatically be registered
by the PRBM and PRC as physicians, and thereafter by the IPMA as its bona fide
members pursuant to Section 24 of this Act.

ARTICLE VIII

INTEGRATED PHILIPPINE MEDICAL ASSOCIATION


SEC. 49. Integration of the Profession. - For purposes of this Act, the
existing Philippine Medical Association and other similar existing organizations
shall be integrated into the Integrated Philippine Medical Association (IPMA). All
physicians, duly registered and licensed with the PRBM and PRC, shall
automatically become members of the IPMA, maintain such memberships therein
as a requisite to practice the profession, and receive benefits and privileges
appurtenant thereto upon payment of the required reasonable fees and dues.
Membership in the IPMA shall not be a bar to membership in other associations of
physicians.

The objectives of the IPMA shall be as follows:

(a) Elevate the standards of the medical profession that is responsive to the
health needs of the population;

(b) Assist the PGMEC with the education, training and certification of
medical specialists and subspecialists;

(c) Foster and maintain the high ideals of integrity, competence,
professionalism and compassion;

(d) Provide opportunities for continuing professional development and
research;

(ec) Assist government health agencies in public health policy formulation,
implementation, and health care delivery;

{f) Promote the welfare and interests of its membership; and

(g) Promote encourage, and conduct medical outreach programs and
projects to the marginalized sectors of the community.

Within six (6) months from the enactment of this law, there shall be created
a Commission on Medical Profession Integration consisting of the PRC as
Chairperson and representatives from existing medical associations as members
which shall supervise and oversee the integration of the medical profession into
one national professional organization of physicians, the creation of its
constitution and by-laws and election of officers. The Commission shall cease to
exist upon the establishment of the IPMA.

SEC. 50. The Integrated Philippine Medical Association. - The IPMA shall
have perpetual succession and shall have all legal powers appertaining to a
juridical person, particularly the power to sue and be sued; to contract and be
contracted with; to hold real and personal property as may be necessary for
corporate purposes; to mortgage, lease, sell, transfer, convey and otherwise


dispose of the same; to solicit and receive public and private donations and
contributions; to accept and receive real and personal property by gift, devise or
bequest; to levy and collect membership dues and special assessments from its
members; to adopt a seal and to alter the same at pleasure; to have offices and
conduct its affairs in the National Capital Region; and generally to do all such acts
and things as may be necessary or proper to carry into effect and promote the
purposes for which it was organized.

SEC. 51. Investigative and Recommendatory Power of the Integrated
Philippine Medical Association. - The IPMA shall have the power to investigate
complaints against physicians for violation of this Act, the Code of Ethics of the
Medical Profession, and the pertinent rules and regulations, administrative
policies, orders and issuances. The rules on administrative investigation
promulgated by the [PMA shall govern in such proceeding.

If the complaint appears to be meritorious, the association shall issue a
recommendation to file the proper charges before the PRBM.

If the complaint does not merit action, or if the answer shows to the
satisfaction of the association that the complaint is not meritorious, the same may
be dismissed. The PRBM may review the case motu proprio or upon timely appeal
of the complainant filed within fifteen (15) days from notice of the dismissal of the
complaint.

SEC. 52. Mandatory Continuing Professional Development. - The PRBM
shall implement a mandatory continuing professional development for physicians
consistent with RA No. 10912.

ARTICLE IX
PENAL PROVISIONS

SEC. 53. Penalties. - Except as otherwise allowed under this Act, no person
shall practice or offer to practice the medical profession in the Philippines or be
appointed as medical practitioner to any position without having previously
obtained a certificate of registration and professional identification card from the
PRC.

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 imposed upon:

(a) Any person who practices or offers to practice medicine in the
Philippines with a fraudulent certificate of registration, professional


identification card, or temporary or special permit or temporary training
permit in accordance with the provisions of this Act;

(b) Any person who shall attempt to use a revoked or suspended certificate
of registration or professional identification card, or a cancelled or expired
temporary or special permit or temporary training permit;

(c) Any person using or attempting to use the certificate of registration or
professional identification card or temporary or special permit or
temporary training permit duly issued to another;

(d) Any person who shall give any false or forged documents, credentials, or
any other proof of any kind to the PRBM or PRC in order to obtain a
certificate of registration or professional identification card or temporary
or special permit or temporary training permit;

(e) Any person who shall falsely present oneself as a bona fide licensed
physician with like or different name;

(8) Any person who is not a licensed physician and who uses or advertises
any title or description tending to convey the impression to the public that
one is a registered and licensed physician or medical specialist; and

(g) When any of the acts defined in paragraphs (a) or (b) of this Section is
committed by a person against three (3) or more persons, or when any of
such acts are committed by at least three (3) persons who conspire with one
another, or when death occurs, the offense shall be considered as a qualified
offense and shall be punished by life imprisonment and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than Two
million pesos (P2,000,000.00). Prosecution of an offense under this Act shall
be without prejudice to a separate prosecution under the provisions of the
Revised Penal Code and other laws.

SEC. 54. Cease-and-Desist Order. - The PRBM shall issue a cease-and desist
order after due notice and hearing, to enjoin any person illegally practicing
medicine from the performance of any act constituting the practice of the
profession. Any such person who, after having been so enjoined, continues in the
illegal practice of medicine, shall be charged and punished for contempt of court.
The said injunction shall not relieve the person illegally practicing medicine from
criminal prosecution and punishment as provided for in the preceding section.

However, if it is shown that the public will suffer grave injustice or
irreparable injury, the chairperson of the PRBM, or in the chairperson’s absence,
any PRBM member holding office, may issue the cease-and-desist order within
seventy-two (72) hours. The Rules of the Court is suppletory for this purpose.


ARTICLE X
MISCELLANEOUS PROVISIONS

SEC. 55. Annual Report. - The PRBM shall, on or before the end of January
of the year following the enactment of this Act, and every year thereafter, submit
to the PRC 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.

SEC. 56. Appropriations, - The amount necessary for the implementation
of this Act shall be included in the annual General Appropriations Act.

SEC. 57. Implementing Rules and Regulations. - Within ninety (90) days
after the approval of this Act, the PRC, in consultation and coordination with
appropriate government agencies, representatives from the private sector, and
other stakeholders, shall promulgate the necessary implementing rules and
regulations for the effective implementation of this Act.

SEC. 58. Transitory Provisions. - The incumbent Professional Regulatory
Board of Medicine shall continue to function in the interim until such time the new
PRBM shall have been constituted pursuant to this Act.

SEC. 59. Separability Clause. - If any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 60. Repealing Clause. - RA No. 2382, otherwise known as the Medical
Act of 1959, RA No. 1243, as amended by RA No. 2251, otherwise known as the
law on the Tenure of Office of Hospital Residents in Government Training
Hospitals under DOH, RA No. 5901, otherwise known as Forty Hours a Week of
Labor for Government and Private Hospitals or Clinic Personnel, Presidential
Decree No. 1424, otherwise known as the Hospital Residency Law, and 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,
superseded, or repealed accordingly.

SEC. 61. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation in the
Philippines.

Approved,