REPRESEN
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Republic of the Philippines as »
HOUSE OF REPRESENTATIVES {So CENED %
Quezon City Spe
PQ 4 JUL 21S
SIXTEENTH CONGRESS eee
First Regular Session

HOUSE BILL NO. _1'7 75

EXPLANATORY NOTE

This house bill seeks to repeal Republic Act 2382 or the Philippine Medical Act of 1959.
The intent is to have a new law regulating the practice of the medical profession, with the
accompanying purpose of helping assure better availability of an improved health care system
and globally competitive medical practitioners.

Among other things, this bill plans to:

© Reconstitute the current Board of Medical Examiners into a Professional
Regulatory Board of Medicine under the Professional Regulatory Commission or
PRC;

© Revamp the current Board of Medical Education, to reflect the significant changes
in the structure of the government after RA 2382 was enacted;

© Include psychiatry in the list of subjects covered by the medical licensure
examinations;

© Mandate internship training as a requirement in the completion of a doctorate
degree in medicine;

Integrate the medical profession into one national organization; and

Promote the Continuing Professional Education (CPE) program for the
enhancement of the medical profession.

I would also like to note that this bill was already approved on third and final reading
during the 12", 13", 14" and 15" Congresses. However, lack of material time prevented the
Senate from approving a counterpart measure, and thus pave the way for the necessary bicameral
conference committee report and its proposed enactment into law. This bill is already a product
of extensive debates and vital amendments, both in the committee and plenary levels. Speedy
approval of this bill is therefore in order.

sana (AIL S. BINAY


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

Sixteenth Congress
First Regular Session

House Bill No.1'7 75

Introduced by: Reps. Mar-Len Abigail S. Binay

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

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

ARTICLE I
GENERAL PROVISION

SECTION 1. Title. — This Act shall be known as the “Physicians Act of 2013”.

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

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

(a) standardization, upgrading, and regulation of the medical education including

internship training;

(b) administration of the medical licensure examination, licensure and registration of

the physicians

(c) supervision, control and regulation of the practice of medicine;

(d) _ integration of the medical profession into one national organization; and

(©) promotion of competence, moral values and professional attitude of physicians

through an integrated and accredited professional organization.

SEC. 4. Enforcement. ~ For the purpose of implementing the provisions of this Act,
there shall be created the following: Council of Medical Education, hereinafter referred to as the
Council, and the Professional Regulatory Board of Medicine, hereinafter referred to as the
Board, under the Professional Regulation Commission (PRC), hereinafter referred to as the

Commission.


ARTICLE II
THE COUNCIL OF MEDICAL EDUCATION

SEC. 5. Composition of the Council of Medical Education. — The Council of Medical
Education shall be composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED) or his duly

authorized representative as Chairperson;

(b) The Secretary of the Department of Health (DOH) or his duly authorized

Tepresentative as member;

(c) The Chairperson of the Professional Regulatory Board of Medicine or his duly

authorized representative as member;

(@) The President of the integrated and accredited professional organization of physician

ora duly authorized representatives as member; and

(e) The President of the Association of the Philippine Medical Schools (APMS) or a duly

authorized representative as member; and

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

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

SEC. 6. Functions and Duties. ~The Council of Medical Education shall have the
following functions and duties:

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

(b) To determine the minimum requirements for physical facilities of colleges of

medicine, to wit: buildings including hospitals, equipment and suppli

S, apparatus,
instruments, appliances, laboratories and bed capacity for instruction purposes,
operating and delivery rooms, facilities for out-patient services and others used for
didactic and practical instruction in accordance with modem trends;

(©) To determine the minimum number and the standard qualifications of teaching
personnel including student-teacher ratio;

(d) To determine the minimum required curriculum including internship leading to the
degree of Doctor of Medicine;

(€) To authorize the implementation of an acceptable innovative medical
curriculum/strategy in a medical school that has exceptional faculty and equipment
facilities. Such an innovative curriculum may prescribe admission and graduation
requirements other than those prescribed in this Act: Provided, That only exceptional
students shall be enrolled in the innovative curriculum;

(f) To accept applications and issue certificates of admission to a medical school and

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keep a registry of those issued with said certificate; and to collect from said applicants
reasonable fees as may be determined by the Council which shall accrue to the
operating funds of the Board of Medical Education;

(g) To recommend to the CHED the closure or suspension of a college’s Doctor of
Medicine degree program for the poor performance of the graduates of the said
college in the physician licensure examination over a given period of time based on
statistical data furnished by the Board of Medicine and the Professional Regulation
Commission, or upon inspection of the college of medicine by the Council of Medical
Education for various deficiencies or violations;

(h) To select hospitals or specific departments of certain hospital which comply with the
minimum specific physical facilities in subparagraph (b) hereof to undertake and
provide training to; and

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

SEC. 7. Minimum Required Course. ~ The medical course leading to the degree of
Doctor of Medicine shall run for at least four (4) years, inclusive of clinical clerkship and
internship training and shall consist of the following subjects:

(a) Anatomy and Histology;

(b) Physiology:

(©) Biochemistry and Molecular Biology;

(a) Pharmacology and Therapeutics;

(e) Microbiology and Parasitology:

(f) Internal Medicine, Radiology:

(g) Radiology;

(h) General and Clinical Pathology and Oncology;

(i Obstetrics and Gynecology;

(i) Pediatrics and Nutrition;

(k) Surgery:

() Otorhinolaryngology;

(m) Ophthalmology:

(n) Psychiatry

(0) Family Medicine, Preventive Medicine and Public Health; and

(p) Legal Medicine, Medical Jurisprudence;

(q) Bioethics, Medical Economies;

(®) Perspectives in Medicine; and

(s) Physical Diagnosis.

Provided, That the Council may recommend to the CHED the reclustering or integration

or revision of the above-mentioned subjects.


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

1. Record showing completion of a bachelor’s degree in Science or Arts;
2. Certificate of eligibility for entrance to a school of medicine from the Board of
Medical Education;

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

4. Birth Certificate duly authenticated by the National Statistics Office; and

5. Proof of successfully passing the National Medical Admission Test.

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

For the purpose of this Act, the term “College of Medicine” shall mean to include faculty
of medicine, institute of medicine, school of medicine and other similar institution which has
complied with the standards and requirements set forth by the Board offering a complete medical
course leading to the degree of Doctor of Medicine.

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

1. Date of publication

2. Calendar of academic year

3. Roll of faculty members indicating whether on full time or part time basis and their

curriculum vitae
. Requirements for admission
. Grading system
. Requirements for promotion
Requirements for graduation

Curriculum and description of course by department; and

pan anws

. Number of students enrolled in each class in the preceding year
ARTICLE II

THE PROFESSIONAL REGULATORY BOARD FOR MEDICINE

SEC. 9. Composition of the Board. — There is hereby created a Professional Regulatory
Board for Medicine, hereinafter referred to as the Board, under the administrative control and
supervision of the Commission, composed of a Chairperson and five (5) members to be
appointed by the President of the Philippines from among three (3) recommendees for each
position, chosen and ranked by the Commission from a list of five (5) nominees for each position
submitted by the integrated and accredited professional organization of physician. The Board
shall be organized not later than six (6) months from the effectivity of this Act.


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powers, functions, duties and responsi

SEC. 10. Powers and Duties. ~ The Board shall be vested with the following specific

ties:

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

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

(c) Prepare the questions in physicians’ licensure examinations in accordance with
recognized principles of evaluation and of pertinent provisions of Section 22, Article
IV of this Act; prescribe the syllabi of the subjects and their relative weights for the
licensure examinations, formulate or adopt test questions and deposit them in a test
question bank, draw the test questions at random through the process of
computerization, conduct the examination; correct and rate the examination papers
and submit the examination results to the Commission within the period provided for
by the rules of the Commission: Provided, That the above test questions should be
consistent with the table of specifications and congruent with the syllabi of the
Association of Philippine Medical Colleges (APMC); Provided, further, That in the
formulation of test questions, the Board shall ensure that the same shall accordingly
test the knowledge, analytical and problem-solving skills of the examinees;

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

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

(f) Issue special/temporary permits to foreign physicians to practice medicine for specific
projects and for a specific duration of time, in coordination with the integrated and
accredited profession of physicians;

(g) In coordination with the integrated and accredited professional organization of
physician, administer the qualifying examinations to foreign medical graduates who
whish to train in accredited residency and fellowship training programs in the
Philippines and issue temporary training permits renewable every year;

(h) In coordination with the integrated and accredited professional organization of
physicians, look into the conditions affecting the practice of medicine, adopt
measures for the enhancement of the profession and the — maintenance of high
professional, technical and ethical standards, establish a registry of general
practitioners and specialists and conduct ocular inspections of places where
physicians practice their profession;

() Monitor the performance of medical schools and their compliance with the rules and
regulations of the CHED Technical Committee on Medical Education;


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() Incoordination with the integrated accredited professional organization of physicians,
promulgate rules and regulations including a Code of Ethics for Physicians,

administrative policies, orders, issuances to carry out the provisions of this Act;
(K) Investigate violations of the Act and its rules and regulations, Code of Ethics, for
Phys

ans, administrative policies, orders and issuances promulgated by the Board.
The rule on administrative investigation promulgated by the Commission shall govern
in such investigation;

(

Issue subpoena ad testificandum or subpoena duces tecum to secure attendance of

respondents or witnesses as well as the production of documents relative to the

investigation conducted by the Board. Provided, That, failure of the party to whom a

subpoena has been issued to comply therewith shall be punishable by way of indirect

‘contempt of the Board. For this purpose, the Board is hereby vested the power to cite

any party for contempt which may be exercised pursuant to the applicable provisions

of Rule 71 of the Rules of Court;

(m) At the Board’s discretion, delegate to the Chairperson, or any member of the Board,
or a Commission Attorney (PRC Attorney) the hearing of an Administrative case, If
the case concerns strictly the practice of medicine as defined in Section 26 hereof, the
investigation shall be presided over by a member of the Board with the assistance of a
PRC attomey. Provided, That the power to cite a party in contempt shall be issued
exclusively by the Board, upon recommendation of the Member charged with such
investigation;

(n) After due notice and hearing, cancel examination papers or bar any examinee from
future examination; refuse or defer one’s registration; reprimand the registrant with
stem warning; suspend one from the practice of the profession; revoke the certificate
of registration; cancel special/temporary permit; remove ones name from the roll of
physicians for continuous non-payment of annual registration fees and non-
compliance with the CME requirement, reinstate or reenroll one’s name in the said
roll, and reissue or return the certificate of registration and professional identification
card. A decision of suspension, revocation of the certificate of registration or removal
from the roll by the Board as provided herein may be appealed initially to the
Commission within fifteen (15) days from receipt thereof

(0) Administer the Physician’s Oath pursuant to Sec. 25 herein;

(p) Institute and prosecute or cause to be instituted and prosecuted any and all criminal

action against any violation of this Act and/or the rules and regulations of the Board

subject to the provisions of Section 5, Rule 110 of the Rules on Criminal Procedure,
as amended;

(q) Adopt an official seal;


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(®) Coordinate with the CHED Technical Committee on Medical Education and the

Association of the Philippine Medical Colleges in prescribing, amending or revising
the courses in a medical program;
(s) Assist the Commission in the implementation of its prescribed guidelines and criteria
on the Continuing Professional Education (CPE) for registered/licensed physicians;
(t) Set the standards and guidelines for the issuance and re-issuance of certificates of
registration; and
(u) Perform such other functions and duties as may be necessary to efficiently and
effectively implement the provisions of this Act.
The policies, resolutions, rules and regulations, orders or decisions issued or
promulgated by the Board shall be subject to the review, revision and approval by the
Commission. However, the Board’s final decisions, resolutions or orders rendered in an

administrative case shall be shall be immediately executory.

SEC. 11. Qualifications of Chairperson and Members of the Board. ~ The chairperson
and member of the Board shall, at the time of their appointment possess the following
qualifications:
(a) Must be a natural born Filipino citizen and resident of the Philippines for at least (10)
consecutive years;
(b) Must be at least forty (40) years old;
(© Must be a holder of a valid certificate of registration and a valid professional
identification card as a physician;
(@) Must be a practitioner for at least ten (10) years;
(©) Must be a bona fide member of the integrated and accredited professional
organization of physicians;
(£) Must not have been convicted by final judgment by a competent court of a criminal
offense involving moral turpitude;

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

medicine;

(h) Must not have been a current member of the faculty of an institute, school, or college
of medicine nor have any pecuniary interest in any institution which offers and
operates the course or degree of Doctor of Medicine; and

(i) Must not have been connected with a review center, school, group or association
offering classes or lectures in preparation for the physician licensure examination.

SEC. 12. Term of Office. — The chairperson and members of the Board shall hold office

from the date of their appointment for a term of three (3) years or until their successors shall
have been appointed and qualified. They may be reappointed for another term but not for a third
term. Appointments to fill up positions created by causes other than the expiration of regular

terms shall be for the unexpired period only. Each member shall qualify by taking an oath of

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office before the performance of ones duties. The incumbents whose terms have not yet expired
or who are merely holding over, at the effectivity of this Act, shall be allowed to serve the
unexpired portion of their terms.

SEC. 13. Compensation of the Board Members. — The chairperson and members of the
Board shall receive compensation and allowances or other benefits pursuant to the provisions of
Republic Act 8981, otherwise known as the PRC Modernization Law of 2000 and other pertinent
laws comparable to the compensation and allowances received by the Chairperson and Members
of existing professional regulatory boards.

SEC. 14. Grounds for Removal or Suspension of the Chairperson and Member of the
Board. ~ The President of the Philippines, upon recommendation of the Commission after giving
the member concerned an opportunity to be heard in person or through counsel in a proper
administrative investigation to be conducted by the Commission, may remove or suspend the
chairperson or a member of the Board on any the following grounds:

(a) Neglect of duty or incompetence;

(b) Unprofessional, unethical or dishonorable conduct;

(©) Manipulation or rigging of results of any physician licensure examination, divulging

of secret information, or disclosure of the said examination, or tampering of the
grades therein; and

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

SEC. 15. Administrative Management, Custody of Records, Secretariat and Support
Services. - The Board shall be under the administrative and executive management of the
Commission, with the Commission Chairperson as the chief executive officer thereof, All
records of the Board shall be under the custody of the Commission.

The Commission shall designate the Secretary of the Board and shall provide the
secretariat and other support services to implement the provisions of this Act.

SEC. 16. Annual Report. — The Board shall, on or before the end of January of each
year, submit to the Commission its annual report of accomplishments on programs, projects, and
activities for the calendar year together with its appropriate recommendations on issues or
problems affecting the practice of medicine.

ARTICLE IV
PHYSICIAN LICENSURE EXAMINATION

SEC. 17. Prerequisites to the Practice of Medicine. — No person shall engage in the
practice of medicine in the Philippines unless that person:

(a) Holds a valid certificate of registration and a valid professional identification card

issued by the Professional Regulation Commission;

(b) Is a member of the integrated and accredited professional organization of physician

and its component societ

in good standing;
(©) Holds a valid special/temporary permit issued by the Board of Medicine subject to


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approval by the Commission, and upon coordination with the integrated and
accredited professional organization of physician, or unless that exempted by this
‘Act from holding any of the foregoing certificates of registration.

(@ Is aalien who isa licensed physician who has passed the qualifying examination
given by the Board of Medicine/integrated and accredited professional
organization of physician and specialties and is undergoing specialty training in an
accredited residency training program, has been bestowed a temporary training
permit, subject to renewal every year or holds a valid temporary training permit
issued by the Board of Medicine subject to approval of the Commission, and upon
coordination with the integrated and accredited professional organization of

physician.

SEC. 18, Examination Required. ~ All applicants for registration, before they can be

issued a certificate of registration and a professional identification card as a physician shall be
required to pass the licensure examination for physician as provided for in this Act, subject to the
payment of the fees prescribed by the Commission.

SEC. 19. Qualifications of Applicants for the Physicians Licensure Examination, ~

All applicants for the physician licensure examination must possess all of the following

qualifications:

(a) Must be a citizen and resident of the Philippines or a citizen of a foreign country or
state which observes reciprocity in the practice of medicine with the Philippines or
who has been a permanent resident in the Philippines for at least one (1) year prior to

the examination;

(b) Must be mentally, emotionally and physically sound;

(c) Must not have been convicted in a final judgment by a court of any criminal offense
involving moral turpitude;

(@) Is a holder of the degree of Doctor of Medicine conferred by a college of medicine
established in the Philippines and duly recognized by the CHED or a degree
conferred by a college of medicine abroad and accredited by the CHED as
substantially equivalent to the degree of Doctor of Medicine offered by a Philippine
college of medicine; and

(©) Has completed one (1) year of internship in a hospital accredited by the APMC.

SEC. 20. Venues and Schedule of Examinations. — The Board shall give examinations

for the registration of physicians at least twice a year in such places as the Commission may

designate in accordance with the provisions of Republic Act No. 8981.

SEC. 21. Registration, Issuance of Certificate of Registration and Professional

Identification Card; APO Membership Card; Grounds For Non-Registraton. — All successful


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examinees, upon compliance with all legal requirements and payment of fees prescribed by the
Commission, shall be registered and issued certificates of registration and professional
identification cards. They shall likewise be deemed members of the duly recognized integrated
and accredited professional organization of physician with all requirements and payment of
compulsory dues, and shall be issued the necessary identification cards proving such
membership therein, upon presentation of their certificates of registration and professional
identification card.

The certificate of registration of a physician shall bear the registration number and date of
issuance and the signatures of the chairperson of the Commission and the members of the Board
stamped with the seals of the Commission and the Board, certifying that the name of the person
stated therein appears in the Registry/Roster/Roll of Physicians under the custody of the
Commission; that the person has met or complied with all the legal requirements for registration
as a physician; and that the person is entitled to exercise all the privileges appurtenant to the
practice of the profession; Provided, That, the registrant does not violate this Act, the rules and
regulations, Code of Ethics for Physicians, and other regulatory policies of the Commission and
the Board.

The professional identification card shall bear the name of the registered physician, the
registration number and date of issuance, and its date of expiry, and, together with the
membership identification card issued by the integrated and accredited professional organization
of physicians, shall be sufficient evidence that the physician can lawfully practice the profession.

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

SEC. 22. Scope of Examination. — The Physician Licensure Examination shall cover
the following thirteen (13) individual or combined/clustered subjects with relative weights for
each one final examination after completion of internship:

(a) Anatomy and histology;

(b) Physiology;

(c) Biochemistry and Molecular Biology:

() Pharmacology and Therapeutics;

(€) Microbiology and Parasitology;

() Internal Medicine:


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or

(g) General and Clinical Pathology and Oncology:
(h) Obstetrics and Gynecology:

(i) Pediatries and Nutrition;

(j) Surgery, Otorhinolaryngology, Ophthalmology ;

(k) Family Medicine, Preventive Medicine and Public Health; and

(I) Legal Medicine, Medical Jurisprudence, Medical Ethics and Economics.

When an urgent and important need arises, and to conform with technological
advancements and other changes, the Board, in coordination with the integrated and accredited
professional organization of physician and the Council of Medical Education, may revise the
substance and the conduct of such examinations.

Each of the twelve (12) subjects shall have its syllabus or table of specifications. The
Board shall apply each syllabus after a lapse of three (3) months reckoned from the compliance
with all the following requisites:

(a) Consultation with the concerned academe;

(b) Approval by the Commission;

(©) Publication of the Board resolution in a newspaper of general circulation; and

(4) Dissemination to all colleges of medicine.

SEC. 23. Rating in the Examination. ~ To pass the physician licensure examination, an
examinee must obtain a general average rating of at least seventy-five per cent (75%) in all
twelve (12) subjects, with no rating in any subject below fifty per cent (50%)

Examines who obtained an average of seventy-five (75%) or better in the licensure
examination but with grades below fifty percent (30%) in an number of subjects will be allowed
one time to retake the examination only in subjects where they failed within one (1) year after
their last attempt. ‘They must obtain a grade of seventy-five percent (75%), otherwise they will

be required to take all subject in subsequent examinations.

SEC. 24. Report and Publication of the Results of Examination. — The Board shall
report the rating of each examinee to the Commission within ten (10) days from the last day of
examination. The official results of the examination containing the list of topnotcher examinees
without indication of their respective schools or colleges, the names of the schools or colleges
obtaining top percentages of successful graduate-examinees shall be published by the
Commission in the major daily newspapers of general circulation.

The report of rating of every examinee shall be mailed to the examinee’s given address,
using the mailing envelope submitted during the examination.

SEC. 25. Oath. — All successful examinees shall be required to take their oath before
the Board or any person authorized by the Commission to administer oath before they are issued
their certificates of registration and professional identification cards or before they start the

practice of the profession.


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ARTICLE V
REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION
SEC. 26. Acts Constituting Practice of Medicine. ~
(@)_A person shall be considered as engaged in the practice of medicine under any of the
following circumstances:

1. Diagnosing, treating, operating or prescribing any remedy to any person for
any disease, injury or deformity;

2. Examining a person’s mental condition for any ailment, real or imaginary,
regardless of the nature of the remedy or treatment administered, prescribed or
recommended;

3. Offering or undertaking to diagnose, treat, operate or prescribe and administer

any remedy for any human disease, injury, deformity, physical or mental

condition either personally or by means of signs, cards, or advertisements by

way of mass media or any other means of communication.

(b) Practice through Special ‘Temporary Permit. — A special/temporary permit may be issued by
the Board of Medicine in consultation with the integrated and accredited professional
organization of physicians and the Department of Health (DOH) subject to approval by the
Commission and the Department of Labor (DOLE) pursuant to its mandate as provided for
in Articles 40 to 42 of the Labor Code. Such permits shall likewise be issued, only after
payment of fees as prescribed by the Commission, to the following:

1. Phy

a fee or free:

ians licensed by foreign countries or States whose services are either for

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

ii, If their services are urgently necessary owing to the lack of
available local specialists/experts, or for the promotion or
advancement of the practice of medicine, including, but not
limited to, the conduct of formal classes, acting as resource
persons in medical seminars, fora, symposia and the like.

2. Physicians licensed in foreign countries or States who intend to render
services for free and limited only to indigent patients in a particular hospital,

center or cli

Provided, however, That they render such services under the
direct supervision and control of a duly registered/licensed Filipino physician:
3. Physicians licensed in foreign countries or states employed as exchange
professors in any area of medical specialization.
(©) The permit shall, among others, provide for such limitations, specifications, and conditions

hereunder cited, as follows:


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

2. The specific area of medical specialization; and

3. The specific place of practice, such as clinic, hospital, center, college of medicine.

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

SEC. 27. Disciplinary Sanctions. - The Board shall have the power, upon proper notice
and hearing, to suspend the practice of profession of a physician, revoke the physician's
certificate of registration or issue a reprimand or cancel the special/temporary permit issued to a
foreign physician, for any of the following grounds/causes:

(a) Final conviction by a court of competent jurisdiction of any criminal offense

involving moral turpitude;

(b) Immoral or dishonorable conduct;

(c) Insanity;

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

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

(£) Use of prohibited drugs addiction to alcoholic beverages and illegal gambling , even

without rendering the phy in incompetent to practice the profession;

(g) Making, or causing to be made false, misleading, extravagant or unethical
advertisements wherein things other than one’s name, profession, limitation of
practice, clinic hours, office and home address 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) Knowingly issuing any false medical certificates or findings;

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

(k) Performing any act constituting practice of an area of medical specialization without
fulfilling the specialization requirements prescribed by the Board of Medicine;

()) Making any fraudulent claims with government or private health insurance;

(m) Violation of any provision of the Code of Ethics for Physicians as prescribed by the
Professional Regulatory Board of Medicine and subject to the approval by the
Commission;

(n) Practice of profession during the period of one’s suspension; and

(0) Willful failure or refusal to be a member of the integrated and accredited professional

organization of physician or expulsion or termination of membership therefrom;

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SEC. 28. Rights of the Partie

shall be entitled to counsel and to be heard in person, to have a speedy and public hearing, to

. — The private complainant and the respondent physician

confront and to cross-examine witnesses, and to all other rights guaranteed by the Constitution
and the Rules of Court. All cases filed or pending under this Act shall not be discussed or taken
in any forum until after the same shall have been decided with finality.

SEC. 29. Appeal from Judgment. — The decision of the Board shall become final fifteen
(15) days from the date of receipt of such decision by the parties or their counsel. Within the
same period, the aggrieved party may ask for a reconsideration of the decision for being contrary
to law or for insufficiency of evidence. When such motion for reconsideration is denied, the
aggrieved party may appeal to the Court of Appeals under Rule 43 of the Rules of Court. No
second motion for reconsideration to the Board shall be allowed.

A decision rendered by the Commission against the respondent shall be executory.

SEC. 30. Reissuance of Revoked Certificate of Registration and Professional
Identification Card and Replacement of Lost Certificate of Registration and Professional
Identification Card. — After two (2) years and after due consultation with the integrated and
accredited professional organization of physician, the Board may order the reinstatement of any
physician whose certificate of registration has been revoked, if the respondent has acted in an

exemplary manner in the community.

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

destroyed or mutilated may be
SE!
Cards and APO Membership Card and Professional Tax Receipt Number. — A registered

sued, subject to the rules of the Commission.

31. Mandatory Use of Certificate of Registration, Professional Identification

physician shall indicate the certificate of registration number, the number and expiry date of the

professional identification card and the APO membership card, and the professional tax receipt

number, on the prescription and other documents that one signs, uses or issues in connection with
the practice of the profession

SEC. 32. Vested Rights. — All registered physicians at the time this law take effects shall
be automatically registered under the provisions hereof without prejudice to the other
requirements herein set forth.

SEC. 33. Exceptions. — For purposes of this Act, any medical student duly enrolled in
an accredited medical college or school, or any graduate of medicine undergoing post graduate
training, serving without any professional fee in any government or private hospital, under the
direct supervision and control of duly registered physician, shall not be considered as engaging
in the practice of medicine.

SEC. 34. Integration of the Profession. — All registered physician shall be integrated

into one (1) national organization to be duly recognized and accredited by the Board and the

Commission. A physician duly registered and licensed by the Board and the Commission shall

automatically become a member of the said organization and shall receive the benefits and

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privileges appurtenant thereto upon payment of required fees and dues. Membership in the
integrated and accredited professional organization of physician shall not be a bar to
membership in any other association of physician.

SEC. 35. Mandatory Continuing Medical Education. — The Board shall implement
through the integrated and accredited professional organization of physicians a mandatory
continuing medical education among practicing physicians in consonance with the guidelines of
the Continuing Professional Education (CPE) as shall be hereafter promulgated by the
Commission.

SEC. 36. Automatic Registration of Physicians. — All Physicians whose names appear
at the Registry/Roll/Roster of Physicians at the time of the effectivity of this Act shall
automatically be registered by the Board and the Commission as physicians and thereafter, by
the integrated and accredited professional organization of registered and licensed physicians as
its bona fide members pursuant to Section 21 of this Act

SI

EC. 37. Foreign Reciprocit

No foreign shall be allowed to take the licensure
examination for physicians, register, receive one’s certificate of registration and professional
identification card, and practice as a physician in the Philippines unless the requirements for the

licensure examination and the re

istration and practice of the profession as physician imposed
under the laws and regulations in one’s foreign country or state are substantially the same as
those required and contemplated by the Philippine laws and regulations, and unless the said

foreign laws and regulations allow Philippine citizens to practice as a physician within the
territory of the said foreign country or state on the same basis and grant the same privileges as
those enjoyed by the citizen subjects or nationals thereof.
ARTICLE VI
PENAL PROVISIONS

SEC. 38. Penalties. —

(a) The penalty of imprisonment of not less than one (1) year but not exceeding five (5)
years or a fine of not less than Two Hundred Thousand Pesos (P200,000.00) but not
exceeding Five Hundred Thousand Pesos (P500,000.00), or both upon the
discretion of the court, shall be suffered by

1. Any person who practices or offers to practice medicine in the Philippines without
a valid certificate of registration and a valid professional identification card, or a
valid temporary/special permit in accordance with the provisions of this Act;

2. Any person using or attempting to use as one’s own the certificate of registration
or professional identification card or temporary/special permit duly issued to
another;

3. Any person who shall give any false or forged documents, credentials and any
other proof of any kind to the Board or Commission in order to obtain a certificate

of registration or professional identification card or temporary/special permit;

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

5. Any registered and licensed physician or medical specialist who shall abet or

as

st in the illegal practice by a person who is not lawfully qualified to practice
medicine or any of area of medical specialization;

6. Any person who actually engages in the practice of medicine as defined in
paragraphs (a)(1) and (a)(2) of Section 26 of this Act without any certificate of
registration;

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

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

9. Any registered and licensed physician or medical specialist who shall use or
advertise any title or description tending to convey the impression to the general
public that one is a specialist in an area of medical specialization when in fact

that person is not; and

10. Any registered physi who shall commit any of the prohibited acts as
enumerated in pars. (i). (j). (k) and (1) of Section 27 hereof.

(b) When any of the acts defined in paragraphs 5 and 6 of this section is committed by

‘a person against three (3) or more persons, or when any of such acts is committed
by at least three (3) persons who shall cooperate and confederate with one another,
or when death occurs as a result of the commission of the prohibited act mentioned
in paragraph (k), Section 27 of this Act, the offense shall be considered as a
qualified violation of this Act and shall be punishable by life imprisonment and a
fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more
than Two Million Pesos.

Prosecution of offenses under this Act shall be without prejudice to a
separate prosecution under the provisions of the Revised Penal Code and other
laws.

SEC, 39. Injunctions. - Upon written motion by any interested party and after notice
and hearing, the Board may issue an order enjoining any person illegally practicing medicine
from performing any act constituting the practice of medicine until the necessary certificate
therefor is secured. However, if it is shown in the affidavits attached to the motion that the
movant or the general public will suffer grave injustice or irreparable injury, the Chairperson of

the Board, or, in his absence, any Board member holding office, may i:

ue a temporary
restraining order effective for seventy two (72) hours. The applicable provisions of Rule 58 of

the Rules of Court shall govern the issuance of the writ of injunction and lifting thereof, except

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that where after hearing it is shown that the movant is entitled to the injunction prayed for, such
writ of injunction shall be effective until there is clear showing that the respondent is authorized
to practice medicine in the Philippines.

Any such person who, after having been so enjoined, continues on the illegal practice of

medicine shall be punished for contempt of court. The issuance of the said injunction shall not
relieve the person from criminal prosecution and punishment as provided in the preceding
section,
ARTICLE VII
FINAL PROVISIONS,

SEC. 40. Enforcement. — The Commission shall be the enforcement agency of the
Board. As such, the Commission shall implement the provisions of this Act, enforce its
implementing rules and regulations as adopted by the Board, assist the Board in the investigation
of complaints against violators of this Act, its rules and regulations, the Code of Ethics for
Physicians, and other policies of the Board.

The Commission or the Board shall call upon or request any department, instrumentality,
office, bureau, institution, or agency of the government including local government units (LGUs)
to render such assistance as it may require, or to coordinate or cooperate in order to carry out,
enforce or implement the professional regulatory policies of the government or any program or
activity it may undertake.

SEC. 41. Appropriations. — The chairpersons of the Commission on Higher Education
and the Professional Regulation Commission shall immediately include in their programs the
implementation of this Act, the funding of which shall be charged against their current years’
appropriations and thereafter in the Annual General Appropriations Act.

SEC. 42. Implementing Rules and Regulations. ~ Within ninety (90) days after the
approval of this Act, the Professional Regulation Commission, together with the Board, the
integrated and accredited professional organization of physician and the Council of Medical
Education of the Commission on Higher Education shall prepare and promulgate the
implementing rules and regulations (IRRs) to carry out the provisions of this Act and adopt the
Code of Ethics of the medical profession. The IRRs shall take effect after fifteen (15) days after
their publication in a major daily newspaper of general circulation and/or the Official Gazette.

SEC. 43. Transitory Provisions. — The incumbent Board shall continue to function in
the interim until such time as the new Board shall have been constituted pursuant to this Act.

SEC. 44. Separability Clause. — If any clause, provision, paragraph or part hereof be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any
other part hereof, but such judgment shall be merely confined to the clause, provision, paragraph
or part directly involved in the controversy in which such judgment has been rendered.

SEC. 45. Repealing Clause. — Republic Act. No. 2382 known as “The Medical Act of
1959", as amended by Republic Act Nos. 4224 and 5946; all laws amending the said Act, all

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other laws, decrees, executive orders, and other administrative issuances and parts thereof which
are inconsistent with the provisions of this Act are hereby repealed accordingly.

SEC. 46. Effectivity Clause. — This Act shall take effect after fifteen (15) days after its
publication in the Official Gazette or in any newspapers of general circulation.

Approved,

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