Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17™) CONGRESS
First Regular Session

HOUSE BILL No.8658

Introduced by Representative Manuel Monsour T. Del Rosario III

EXPLANATORY NOTE

‘The Philippine health and fitness industry has grown exponentially over the last two
decades as health and fitness have become ingrained in the consciousness and lifestyle of many
Filipinos, ‘The burgeoning popularity of fitness exercises has brought about an accelerated
growth in the number of fitness instructors, including Zumba and other dance fitness instructors,
personal trainers, gym floor instructors, group exercise instructors, among others.

However, the unfettered proliferation of so-called “fitness professionals” has given rise to
concerns about the quality of fimess instruction and professional service provided to fitness-
conscious Filipinos. In equal measure, it also raised concems on government's ability to regulate
the ever growing number of fitness professionals and fitness facilities and ensure that the
instruction and service they provide are at par with international standards.

Already, horror stories abound about reported fly-by-night fitness instructors who pose as
fitness experts without the requisite professional fitness background, education and training. For
example, plenty of instructors of group exercises and personal training programs merely browse
through the internet to get exercise techniques and apply the same to their clients, who become
vulnerable to a high risk of injury and ineffectual training

Another example: Any person who attends a dance licensing course can earn the
privilege to become a dance fitness instructor in the country without having acquired any
knowledge on the essentials of fitness such as Anatomy, Kinesiology, Exercise Physiology,
among other scientific fitness subjects. Moreover, many Zumba fitness classes are handled by
ballroom dance instructors who may be great dance instructors, but are probably ill-equipped to
be fitness instructors, Therein lies the problem. The public trust these instructors, especially since
they carry purported licenses. As dance exercise is part of the fitness industry, it is necessary that
the instructor has substantial knowledge and training in health and fitness management—one
acquired from a certification course given by a recognized certification body.



The Philippines is one of only a few countries in Asia that has no government agency that
regulates or certifies fitness professionals. There is no law in the country that requires fitness
professionals to pass a certification course before teaching group and individual exercise classes
and personal training, Unlike other professional industries, the local fitness industry is not
subjected to standardization by a national certifying body or regulation by an agency.

Safety and effectiveness are paramount in the fitness industry. This is one industry that
has the general population as its main market. Many Filipinos go to gyms and seek fitness
professionals for health and fitness management and enhancement. Hence, fitness instruction and

exercise should be safe and effective. However, at the hands of poorly equipped “fitness

profi
at risk,

jonals”, the safety of many of the public and the effectiven

of the physical exercise are

As such, there is a need to establish a regulatory mechanism that could certify to and
ensure the professionalism, legitimacy, quality of service, and accountability of fitness
jonals and fitness centers/facilities in the Philippines. Only those fitness professionals so
certified will be allowed to practice the fitness profe:
instruction and service delivery are safe, effective and at par with global
certification secured by fitness profe is, and the accreditation obtained by fitness
centers/facilities shall then become a “seal of quality” which assures clients that they will receive
only the highest standards of fitness instruction and service.

In view of the foregoing, approval of this bill is fervently sought.

\UEL MONSOUR T. DEL ROSARIO IIL


AN ACT ESTABLISHING STANDARDS FOR THE FITNESS PROF

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cit

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO. 3658

Introduced by Representative Manuel Monsour T. Del Rosario HI

FITNESS CENTERS IN THE PHILIPPINES.

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

Section 1, Short Title.- This Act shall be known as the “Standardization of the
Philippine Fitness Profession Act”.

Section 2. Statement of Policy. - The State shall promote the fitness industry, adopt safe
and effective standards of fitness instruction, espouse ethical practices, and protect the interest of
the public and fitness professionals by establishing national standards for fitness services.

Section 3. Definition of Terms. ~ For purposes of this Act, the following terms shall be
defined as follows:

(a)

()

Certification — a written acknowledgement by an agency appointed to safeguard the
public interest that an individual has earned educational achievement and
appropriate professional experience that assures qualification to perform a job ot

profession;

National fitness certifying body ~ the certifying organization for fitness in the
country, which conducts certifying examinations for fitness professionals, as well as
provides continuing education credits/units required for renewals, and_ sets
standards and guidelines for standards of care for fitness facilities and fitness
services;

Fitness industry standards ~ the acceptable benchmark in all areas of the fitness
industry, including a code of ethics, upheld by reputable certifying bodies such as
the American College of Sports Medicine:



(@)

(e)

(fp)

(h)

a

(k)

(ly

Fitness professional — an individual who receives money for services conducted in
the field of fitness and exercise such as, but not limited to, group exercis
instructors, personal trainers, dance exercise/fitness instructors;

Fitness instructor ~ an individual who teaches any fitness programs such as, but
not limited to, group exercise, personal training, dance fitness;

Personal trainer ~a fitness professional who designs individual exercise programs,
as well as supervises, coaches, instructs, motivates, and leads clients on a one on
one basis in fitness settings either as independent contractors or employees. He or
she does exercise prescription and instruction for a particular individual based on
the latter's needs, wants, strengths, and weaknesses;

Group exercise leaders/instructors ~ a fitness professional who designs, instructs,
motivates, and leads clients in exercise classes in a group setting conducted in a
health/fitness milieu;

Strength and fitness conditioning coach ~ a fitness professional who designs and
leads exercise programs aimed at improving an individual’s performance or skill in
a sport or for athletic purposes:

Gym floor instructor — a fitness professional who designs and instructs exercise
programs for individual clients and oversees safety and effectiveness of exercises
executed by clients on the gym floor of a fitness facility. He or she is not
necessarily a personal trainer;

Group fitness class ~ a class of two (2) or more participants engaged in fitness
related exercises such as, but not limited to, group exercise, personal training, and
dance fitness;

Health and fitness management — the science of fitness and the acquisition of
practical business skills, with emphasis on fitness education, management
principles, fitness and sports nutrition, injury prevention and treatment, physical
conditioning, strength training, exercise techniques, mobility support and
enhancement, and development and conduct of exercise programs at health clubs,
fitness centers and other fitness venues;

Fitness. industry ~ the sector that covers any individual, group of individuals,
company or entity involved in exercise, health, and overall maintenance of the body
and its fitness level;


(m) Fitness center/facility — a facility that offers exercise-based health and fitness
programs/services or that provides physical activity in either a group or personal
setting in spaces where exercise is conducted with or without fitness equipment and
apparatus;

(n) Fitness service provider — a fitness professional offering services either as a
personal trainer, group exercise instructor, or fitness conditioning coach or physical
movement leader outside a fitness facility either for private or public functions or
events;

(0) Movement leaders for physical education (PE) — an individual who is equipped
with skills/expertise in a specific physical activity and leads a physical activity in
Physical Education classes. He or she is not necessarily Physical Education
graduates;

(p) Subspecialty in group exercise ~ a fitness professional who practices safe and
effective standards in group exercise classes specializing in one area or type of
class, Examples include, but are not limited to, mind and body classes, cardio
dance classes, high intensity interval training classes); and

(4) Subspecialty in personal training — a fitness professional who designs and instructs
exercise programs for personal training with specialization in a particular area of
practice. Examples include, but are not limited to, functional training, core
conditioning, special population, senior fitness, youth fitness.

Section 4, The Fitness Council of the Philippines. ~ There shall be created a Fitness
Council of the Philippines (“Council”) that shall promote the fitness industry, adopt safe and
effective standards of fitness instruction, advocate ethical practices, certify fitness professionals
and fitness centers/facilities, and protect the interest of the public and fitness professionals by
establishing national standards for fitness services.

The Council shall be the primary policy-making, standards-setting, planning, certifying,
implementing, and regulating entity of the government in the promotion and development of the
fitness industry in the Philippines

Section 5, Objectives of the Council, ~ The objectives of the Council are as follows:

(a) Establish national standards for the Philippine fitness industry in adherence with
internationally accepted scientific fitness protocols;

(b) Certify fitness professionals and accredit fitness centers/facilities to ensure the high
quality of fitness instruction, education, training and services provided by fitness
professionals in the Philippin

(c) Develop and adopt a Code of Ethics for the Philippine fitness profession; and



(d) Develop standards of care that comply with international standards of care for fitness
centers/facilities and entities offering fitness and physical exercise services

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

(a) Inform and advise the President on the programs, plans, activities, and all other
matters relating to the promotion and development of the fitness industry in the
Philippines;

(b) Plan, implement, and oversee an integrated promotion and development program for
the fitness industry in consultation with the various stakeholders, including other
government agencies, non-government organizations, associations, and groups
involved in fitness education and training;

(c) Establish policies and standards for the Philippine fitness industry;

(d) Develop certification examinations and formulate certification criteria appropriate for
the different fields of practice in the fitness profession;

(c) Certify fitness professionals and accredit fitness centers engaged in the different
fields of practice in the fitness industry such as, but not limited to, Personal Training,
Group Exercise, Sub-specialties in Personal Training and General Exercise, Physical
Exercise in Physical Education, Strength and Conditioning in sports, and Fitness
Coaching in sports;

(1) Regulate fitness professionals and fitness centers/facilities to ensure compliance with
the minimum standards of the Philippine fitness industry;

(g) Adopt and promote a Code of Ethics for the fitness industry:

(h) Provide continuing education and training for fitness professionals;

(i) Develop standards of care for fitness centers’facilities and entities offering fitness and
physical exercise services;

(j) Build and maintain linkages with international fitness organizations or federations,
associations, and fitness organizations of other countries engaged in fitness education
and instruction; and

(k) Perform other functions as may be provided by law.

Section 7. Powers of the Council. ~ The Council shall have the powers necessary to
carry out and perform the purposes and provisions of this Act, in addition to other powers and
duties granted in this Act, and mat

(a) Adopt rules and regulations necessary to implement this Act;

(b) Issue certification to duly qualified fitness professionals or accreditation to duly
qualified fitness centers/facilities and renew their certification or accreditation;

(c)_ Deny certification or accreditation to unqualified applicants;

(d) Establish fee schedules for the issuance of certifications, accreditations,
examinations and inspection:

(e) Adopt and use a common seal for the authentication and modification of its records;



(8) Investigate alleged violations of this Act and consumer complaints involving the
practice of fitness instruction;

(g) Conduct random and targeted health and safety inspections of fitness
centersifacilities;

(h) Issue subpoenas, orders, stipulated agreements, and any other administrative
remedies necessary to enforce this Act;

(i) Conduct disciplinary proceedings, impose sanctions, and ass
of this Act or any rule adopted under its

(j) Prepare and administer, or approve, the preparation and administration of
certification examinations;

(k) Adopt and publish a Code of Ethics and standards of practice for certified fitness
professionals

(1) Establish minimum safety standards for fitness professionals and fitness
centers/facilities;

(m) Establish standards for the continuing education and training of fitness professionals;

(n) Establish by rule the procedures for re-certification or re-acereditation; and

(0) Administer examinations for the certification of fitness professionals
assessment/evaluation tools for the accreditation of fitness centers/facilities.

fines for violations

and

Section 8. Members of the Council, ~ The Council shall be composed of three (3)
members who must be citizens of the Philippines. publicly recognized personalities in the field
of health and fitness, at least thirty (30) years of age, of good moral character. and of proven
integrity. The members of the Council shall be entitled to compensation and to other benefits and
privileges provided under existing laws. The appointees shall be chosen from a list of nominees
recommended by the Commissioners of the Philippine Sports Commission.

The Council shall be headed by an Executive Director who shall be appointed by the
Chairman of the Philippine Sports Commission. The Executive Director shall be vested with the
authority and responsibility for the discharge of the duties and functions of the Council

Section 9, Eligibility for Certification. ~ In order to be eligible for certification as a
fitness professional, an applicant, in addition to other requirements as may be prescribed by the
Council, shall possess the following qualifications:

(a) Be of good moral character and not have been convicted of a crime involving moral
turpitude;

(b) Have been engaged, is engaged or intends to be engaged as a fitness professional,
such as, but not limited to, a fitness instructor, personal trainer, dance exercise
instructor, or group fitness instructor;

(c) Have sue

sfullly completed an approved course of study prescribed by the Council

Section 10. Expiration and Renewal of Certification and Accreditation. - Certifications
and accreditations issued shall be effective for a period of two years and be renewable biennially.


Section 11. Certification and Accreditation Fees. ~ The Council shall, by rule ot
regulation, establish, prescribe or change the fees for certification and accreditation, renewals
thereof, or other services provided by the Council pursuant to the provisions of this Act. Fees
shall be established, prescribed or changed by the Council to the extent necessary to defray all
proper expenses incurred by the Council and any staff employed to administer this Act, except
that fees shall not be fixed at a level that will raise the amount in excess of the amount estimated
to be so required

Section 12. Continuing Education, ~ The Council shall require each fitness professional,
as a condition for the biennial renewal of certification, to complete continuing. education
requirements prescribed by the Council

Section 13. Accreditation of Fitness Centers/Facilities. — The following shall be the
conditions for the accreditation of fitness centers/facilities:

(a) All entities engaged in providing the services of fitness professionals shall obtain
accreditation every two (2) years with the Council as a condition of doing business;

(b) A written application for accreditation shall be made to the Council in the form
prescribed and shall contain the following information:

(1) The name and principal place of business of the owner or operator of the
business engaged in the services of fitness professionals;

(2) The name and proof of certification of any fitness professional employed by the
business or any fitness professional who uses the fitness facility to provide
personal training or group fitness instruction as an independent contractor;

(3) The municipality and location of the primary place of business of the business
engaged in providing the services of fitness professionals and the location of all
other branches of the business; and

(4) Any other biographical information of the applicant as required by the Council

(c) Each applicant for accreditation and each accredited fitness center pursuant to the
provisions of this Section shall pay to the Council a fee for the issuance of a two (2)-
year accreditation in the amount established by the Couneil

Section 14. Professional Specialty Designation. — A professional specialty designation
may be added by the Council to the certified fitness professional's credentials issued by the
Council upon demonstration to the Council that the applicant has met the accepted minimum
standards for that specialty designation as established by the Council.

A certified fitness professional shall not claim or advertise a professional specialty and
shall not incorporate the specialty designation into his professional title unless the qualifications
of that specialty have been met as determined by the Council.


Section 15, Validation of Fitness Professionals with International Certifications ~ Any
fitness professional with an international certification from any certifying organization
recognized by the Council shall be issued certification, provided he or she shall pass. the
Validation examination for Philippine practice

Section 16, Prohibition Against Employment of Uncertified Persons. ~ It shall be
unlawful for any person, firm, corporation, or any other entity to hire, employ or allow to be
employed, or permit to work, in or about an establishment, any person who performs or practices
fitness or exercise instruction regulated under this Act who is not duly certified by the Council
Any person who violates this Section shall be punished with a fine of not less than One Hundred
Thousand Pesos (Php100,000.00) but not exceeding Two Hundred Thousand Pesos
(Php200,000.00).

Section 17. Revocation and Suspension of Accreditation. — The Council may suspend or
revoke the accreditation of an entity offering personal training or group fitness instruction upon
proof showing by a preponderance of evidence that the employer:

(a) Has made false or misleading statements of material nature in the application for
registration; or

(b) Failed to demonstrate that each employee of the business engaged in providing the
services of fitness professionals and is in possession of a certification to practice as a
fitness professional.

Section 18. Penalty. — Any person who provides personal training or group fitness
instruction, or maintains a fitness center/facility without the requisite certification or
accreditation as provided under this Act shall be punished with a fine of not less than Fifty
Thousand Pesos (Php50,000,00) but not exceeding One Hundred Thousand Pesos
(Php 100,000.00).

Any person who has been engaged as a personal trainer or a group fitness instructor prior
to the effectivity of this Act may continue to do so for one (1) year within which period he or she
shall have secured a certification from the Council. Fitness or exercise centers/facilities that have
been in operation prior to the effectivity of this Act shall be given six (6) months from the date of
effectivity of this Act to undergo and obtain accreditation.

Section 19, Appropriations — The necessary funds for the operations of the Council shall
be annually allocated in the General Appropriations Act under the budget of the Philippine
Sports Commission,

Section 20. implementing Rules and Regulations. ~ The Council, in coordination with
the Philippine Sports Commission and other concerned agencies, shall promulgate and
Implementing Rules and Regulations within ninety (90) days upon approval of this Act.



Section 21. Separability Clause, — If any provision or part of this Act, or the application
thereof to any person or circumstances, is held invalid or unconstitutional, the remaining sections
of this Act or the application of such provision or part hereof to other persons or circumstance
shall remain in full force and effect.

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

Section 23. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette and/or in two (2) newspapers of general circulation.

Approved.