Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__ 2616

Introduced by Honorable Mar-Len Abigail S. Binay

EXPLANATORY NOTE

This house bill secks 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 afler 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 and 14" 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

sree S. BINAY

approval of this bill is therefore in order.


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

Fifteenth Congress
First Regular Session

House Bill No,__ 1616

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 2009”.

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 a regular
component of the total health care system.

SEC. 3. Objectives. — This Act provides for and shall govern the: (a) standardization,
upgrading, and regulation of the medical education including internship training; (b)
administration of the medical licensure examination, licensure and registration of the physicians
and the (c) supervision, control and regulation of the practice of medicine; (4) integration of the
profession into one Philippine Medical Association (PMA); and (e) promotion of competence,
moral values and professional attitude of physicians through an integrated Philippine Medical
Association.

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 IT
‘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

representative as member;

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

authorized representative as member;

(d) The President of the Philippine Medical Association (PMA) or his authorized

representative as member;

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

duly authorized representative as member; and

() The President of the Philippine Hospital Association (PHA) or his duly authorized

representative as member;

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 seven (7) outstanding members of the academe and/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 supplies, apparatus,
instruments, appliances, laboratories and bed capacity for instruction purposes,
‘operating and delivery rooms, facilities for out-patient services and others used for
dida

tic 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;

(® To accept applications and issue certificates of admission to a medical school and
kcep 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;


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(g) To recommend to the CHED the closure or suspension of the degree of Doctor of
Medicine program of a College of Medicine when called for based on the evaluation
of the statistical information on the performance of the said college in the Physician
Licensure Examination as furnished by the Board of Medicine and the Professional
Regulation Commission; and upon inspection of the medical college by the Council
of Medical Education, for various deficiencies and/or violations;

(h) To select and approve hospitals or some departments of hospitals for training which
comply with the minimum specific physical facilities as provided in subparagraph (b)
hereof 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 be five (5) years inclusive of clinical clerkship and intemship and shall
consist of the following subjects:

(a) Anatomy and Histology;

(b) Physiology;

(©) Biochemistry and Molecular Biology;

(@ Pharmacology and Therapeutics;

(€) Microbiology and Parasitology;

(® Internal Medicine, Radiology;

(g) General and Clinical Pathology and Oncology;

(h) Obstetrics and Gynecology;

(i) Pediatrics and Nutrition;

() Surgery, Preventive Medicine and Public Health;

(&) Otorhinolaryngology, Ophthalmology, Neurology, Psychiatry ;

() Family Medicine, Preventive Medicine and Public Health; and
(m)Legal Medicine, Medical Jurisprudence, Medical Ethics and Economics.
Provided, That the Council may recommend to the CHED to rearrange, recluster or

integrate and revise the above-mentioned subjects.

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:

. 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;

3. Certificate of good moral character issued by two 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 inhibit 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
. Number of students enrolled in each class in the preceding year
ARTICLE HL

THE PROFESSIONAL REGULATORY BOARD FOR MEDICINE

SEC. 9. Composition of the Board. — There is hereby created a Professional Regulatory

Cen anes

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

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

powers, functions, duties and responsibilities:
(a) Supervise 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;
(©) Prepare the questions in Physicians’ Licensure Examinations in accordance with
recognized principles of evaluation and of pertinent provisions of Section 23, Article
IV of this Act; prescribe the syllabi of the subjects and their relative weights for the


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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; the above test questions should be in congruence
with the syllabi and the table of specifications of the Association of Philippine
Medical Colleges (APMC);

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

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

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

(g) 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 PMA;

(h) Administer the qualifying examinations given to physicians who wish to train in the
Philippines for a specialty field, in coordination with the integrated PMA;

(@® In coordination with the integrated PMA, 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, in coordination
with the Council of Medical Education and conduct ocular inspections of places
where physicians practice their profession;

G) Monitor the performance of medical schools and their compliance with the rules and
regulations of the Board of Medical Education;

(k) In coordination with the integrated PMA, promulgate rules and regulations including

a code of ethics for physicians, administrative policies, orders, issuances to carry out
the provisions of this Act;

(1) Investigate violations of the Act and the rules and regulations, code of ethics,
administrative policies, orders and issuances promulgated by the Board. The rule on
administrative investigation promulgated by the Commission shall govern in such
investigation;

(m)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


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

(n) At the Board’s discretion, delegate to the Chairperson, Vice-Chairperson, or any
member of the Board, or a Commission Attorney (PRC Attomey) the hearing of an
Administrative case. If the case concems strictly the practice of medicine as defined
in Section 27 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;

(0) After due notice and hearing, cancel examination papers and/or bar any examinee
from future examination; refuse or defer his/her registration; reprimand the registrant
with stern warning; suspend him/her from the practice of his/her profession; revoke
his/her certificate of registration; cancel special/temporary permit; remove his/her
name from the roll of physicians for continuous non-payment of annual registration
fees and non-compliance with the CME requirement; reinstate or reenroll his/her
name in the said roll; reissue or return hisher 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

(p) Administer the Physician’s Oath pursuant to Sec. 26 herein;

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

(8) Adopt an official seal;

(s) Coordinate with the Board of Medical Education and the integrated PMA in
prescribing, amending and/or revising the courses in a medical program;

(©) Assist the Commission in the implementation of its prescribed guidelines and criteria
on the CPE for registered/licensed physicians;

(u) Set the standards and guidelines for the issuance and re-issuance of certificates of
registration; and

(¥) 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 the Board Members. — Each Board Member must, at the
time of his appointment:

(@) Be a natural born Filipino citizen and has been a resident of the Philippines for at

least (10) consecutive years;

(b) Be at least forty (40) years old;

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

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

(©) Be a bona fide member of the Integrated Philippine Medical Association;

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

(g) Has an experience of at least two (2) years as a faculty member of a College of
Medicine;

(bh) Not be 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;

(i) Not be 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 Members of the Board shall hold office from the date of
their appointment for a term of three (3) years or until their successors shall have been appointed
and qualified, They may, however, be reappointed for another term but not for a third term.
Appointments to fill up positions created by causes other than through expiration of regular
terms shall be for the unexpired period only. Each member shall qualify by taking an oath of
office before the performance of his duties. The incumbents whose terms have not yet expired or
who are merely holding over, at the effectivity of this Act, shall be allowed to serve the
unexpired portion of their terms or, may be appointed under this Act.

SEC. 13. Compensation of the Board Members. — The Chairperson, Vice Chairperson,
and members of the Board shall receive compensation and allowances or other benefits pursuant
to the provisions of PRC Modernization Law of 2000 and other pertinent laws and comparable to
the compensation and allowances received by the Chairperson and Members of existing
Professional Regulatory Boards.

SEC. 14. Suspension or Removal of Board Member. — The President, upon
recommendation of the Commission after giving the Member concemed an opportunity to be
heard by himself or counsel in a proper administrative investigation to be conducted by the
commission, may suspend or remove any member of the Board on any 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

(@) 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. Implementing Rules and Regulations. ~ The Board with the approval of the
Commission shall prescribe, issue, and promulgate rules and regulations implementing and
carrying out the provisions of this Act, which shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a major daily newspaper of
general circulation in the Philippines.

SEC. 17. Annual Report. ~ The Board shall, on or before the end of January of the
following year, submit to the Commission its annual report of accomplishments on programs,
projects, and activities for the calendar year together with its appropriate recommendations on
issues or problems affecting the practice of medicine.

ARTICLE IV
PHYSICIAN LICENSURE EXAMINATION

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

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

(b) Holds a valid special/temporary permit issued by the Board of Medicine subject to
approval by the Commission, and upon coordination with the integrated PMA, or unless he is
exempted by this Act from holding any of the foregoing certificates of registration.

(©) Is a member of the integrated PMA and its component society in good standing;

Any foreign doctor who intends to undergo specialty training in the practice of medicine
must pass the qualifying examination given by the Board of Medicine and concurred by the
Integrated PMA.

SEC. 19. Examination Required. — All applicants for registration, before they can be
issued a Certificate of Registration and a Professional Identification Card as a physician shall be
required to pass a written licensure examination for physician as provided for in this Act, subject
to the payment of the fees prescribed by the Commission.

SEC. 20. Qualifications of Applicants for Physicians? Licensure Examination. ~All

applicants for the Physicians’ Licensure Examination must possess all qualifications and none of


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the disqualifications hereunder set forth, as follows:

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

(b) He or she is mentally, emotionally and physically sound;

(©) He or she has not been convicted in a final judgment by a court of any criminal
offense involving moral turpitude;

(d) He or she is a holder of the degree of Doctor of Medicine conferred by a College of
Medicine established in the Philippines and duly recognized by the 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.

SEC. 21. Venues and Schedule of Examinations. — The Board shall give examinations
for the registration of Physicians at least twice a year in such places as the Commission may
designate in accordance with the provisions of Republic Act No. 8981 otherwise known as the
PRC Modernization Act of 2000.

SEC. 22. Registration, Issuance of Certificate of Registration and Professional
Identification Card; PMA Membership Card; Non-registration, Grounds Therefor. ~ All
successful examinees, upon compliance with all legal requirements and payment of fees
prescribed by the Commission, shall be registered and issued certificates of registration and
professional identification cards. They shall likewise be deemed members of the duly recognized
integrated Philippine Medical Association upon compliance with all requirements and payment
of compulsory dues, and shall be issued the necessary identification cards proving such
membership therein, upon presentation of their certificates of registration and professional
identification card.

‘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 his or her profession; Provided, That, he or she 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/licensed
physician, the registration number and date of issuance, and its date of expiry, and, together with

the membership identification card issued by the Integrated PMA, shall be sufficient evidence


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that the physician can lawfully practice his profession.

Assuccessful 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. 23. 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;

(©) Biochemistry and Molecular Biology;

(d) Pharmacology and Therapeutics;

(©) Microbiology and Parasitology;

() Internal Medicine, Radiology;

(g) General and Clinical Pathology and Oncology;

(h) Obstetrics and Gynecology;

(i) Pediatrics and Nutrition;

() Surgery, Preventive Medicine and Public Health;

(K) Otorhinolaryngology, Ophthalmology, Neurology, Psychiatry ;

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

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

When an urgent and important need arises in order to conform to technological
advancements and other changes, the Board, in coordination with the Integrated PMA and
Council of Medical Education, may revise the substance and the conduct of such examinations.

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

(@) Consultation with the concerned academe;

(b) Approval by the Commission;

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

(@) Dissemination to all colleges of Medicine.

SEC. 24, 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

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thirteen (13) subjects, with no rating in any subject below fifty per cent (50%).

SEC. 25. 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/colleges, the names of the schools/colleges
obtaining top percentages of successful graduate-cxaminees shall be published by the
Commission in the major daily newspapers of general circulation.

‘The Report of Rating of every examinee shall be mailed to his or her given address, using
the mailing envelope he or she submitted during the examination.

SEC. 26. Oath. ~All successful examinees shall be required to take their oath before
the Board or any person authorized by the Commission to administer oath before they are issued
their certificates of registration and professional identification cards or before they start the
practice of the profession.

ARTICLE V
REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION

SEC, 27. Acts Constituting Practice of Medicine. —

(a) A person shall be considered as engaged in the practice of medicine under any of the
following circumstances:

1. Physically examining any person for any disease, injury or deformity, or
diagnosing, treating, operating, prescribing or dispensing any remedy therefor;

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;

4. Using or affixing “MD” with his/her name in the practice of the medical
profession or in his/her written or oral communications; or

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

(b) Practice through Special ‘Temporary Permit. — A Special/Temporary permit may be issued
by the Board of Medicine in consultation with the Philippine Medical Association (PMA)
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 theCommission, to the following:

1. Physicians licensed from foreign countries/states whose services are either for


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a fee or free:

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

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

2. Physicians licensed in foreign countries/states who intend to render services
for free and limited only to indigent patients in a particular hospital, center or
clinic, Provided, however, That they render such services under the direct
supervision and control of a duly registered/licensed physician;

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

(c) The permit shall, among others, provide for such limitations, specifications, and conditions
hereunder cited, as follows:

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 herein

above-provided;
2. The specific area of medical specialization;
3. The specific place of practice, such as clinic, hospital, center, college of medicine.
(d)_ The Board of Medicine, subject to approval by the Commission and the DOLE, shall
prescribe rules and regulations for the implementation of this particular Section.

SEC, 28. Disciplinary Sanctions. — The Board shall have the power, upon proper notice
and hearing, to suspend from the practice of profession or revoke the certificate of registration of
a physician, or issue a reprimand or cancel the special/temporary permit 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;
(©) Insanity;

(@ Fraud in the acquisition of the certificate of registration and professional

identification card or temporary/special permit;

(e) Gross negligence, ignorance or incompetence in the practice of his profession,

resulting in an injury to or death of the patient;

(® Addiction to alcoholic beverages, to any habit forming drug, or to any form of illegal

gambling rendering him incompetent to practice his profession;


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(g) Making, or causing to be made false, misleading, extravagant or unethical
advertisements wherein things other than his 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;

(® Knowingly issuing any false medical certificates and/or findings, or making any
fraudulent claims with government or private health insurance;

(i) 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 Integrated Philippine
Medical Association and the Board of Medicine;

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

(m)Violation of any provision of the Code of Ethics for Physicians as prescribed by the
integrated PMA and adopted and promulgated by the Board subject to approval by the
Commission;

(a) Practice of profession during the period of his suspension; and

(0) Willful failure or refusal to be a member of the integrated PMA or expulsion or
termination of membership therefrom;

SEC. 29. Rights of the Parties. — ‘The private complainant and the respondent physician
shall be entitled to counsel and to be heard in person, to have a speedy and public hearing, to
confront and to cross-examine witnesses, and to all other 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. 30. 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

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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. 31. Reissuance of Revoked Certificate of Registration and Professional
Identification Card and Replacement of Lost Certificate of Registration and Identification
Card, ~ After two (2) years and after due consultation with the integrated PMA and accredited
national organization of physicians, the Board may order the reinstatement of any physician
whose certificate of registration has been revoked, if the respondent has acted in an exemplary
manner in the community.

A new cettificate of registration or professional identification card that has been lost,
destroyed or mutilated may be issued, subject to the rules of the Commission.

SEC. 32. Mandatory Use of Certificate of Registration, Professional and PMA
Identification Cards and Professional Tax Receipt Number. ~ A registered physician shall
indicate his certificate of registration number, the number and expiry date of the professional
identification card and PMA membership card, and the professional tax receipt number, on the
prescription and other documents he/she signs, uses or issues in connection with the practice of
his/her profession.

SEC. 33. Vested Rights. — All physicians registered 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. 34. 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 shall not be
considered as engaging in the practice of medicine: Provided, That he renders such service under
the direct supervision and control of a duly registered/licensed physician.

SEC. 35. Integration of the Profession. — The profession shall be integrated into one
organization, the Philippine Medical Association, 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 privileges appurtenant thereto upon payment of required fees and dues,
Membership in the integrated organization shall not be a bar to membership in any other
association of physicians.

SEC. 36. Mandatory Continuing Medical Education, ~ The Board shall implement
through the integrated PMA 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. 37. 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

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automatically be registered by the Board and the Commission as physicians and thereafter by the
integrated Philippine Medical Association and accredited national organization of registered and
licensed physicians as its bona fide members pursuant to Section 22 of this Act.

SEC. 38. Foreign Reciprocity. - Unless the country of which he/she is a subject or
citizen specifically permits Filipino physicians to practice within its territorial limits on the same
basis as the subject or citizen of the said foreign state or country under reciprocity and under
intemational agreements, no foreigner shall be admitted to licensure examinations, given a
certificate of registration to practice as a physician nor be entitled to any of the privileges under
this Act.

ARTICLE VI
PENAL PROVISIONS

SEC. 39. 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 his/her 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;

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
assist 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 27 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 he is a registered and licensed physician

when in fact he 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 he is a specialist in an area of medical specialization when in fact he is
not; and

10. Any registered physician who shall commit any of the prohibited acts as
enumerated in pars. i, j, k and | of Section 28 hereof.

(b) When any of the acts defined in paragraphs 5 and 6 of this Section is committed by a person
against three or more persons, or when any of such acts is committed by at least three
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 28 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. 40. 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 issue a temporary
restraining order effective for seventy two (72) hours. The applicable provisions of Rule 58 of
the Rules of Court shall govern the issuance of the writ of injunction and lifting thereof, except
that where after hearing it is shown that the movant is entitled to the injunction prayed for, such
writ of injunction shall be effective until there is clear showing that the respondent is authorized
to practice medicine in the Philippines.

Any such person who, after having been so enjoined, continues on the illegal practice of
Medicine shall be punished for contempt of court. Issuance of the said injunction shall not
relieve the person from criminal prosecution and punishment as provided in the preceding
section.

ARTICLE VIL
FINAL PROVISIONS

SEC. 41. 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.

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office, bureau, institution, or agency of the Government including local government units 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, 42. 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. 43. Implementing Rules and Regulations. — Within ninety (90) days after the

approval of this Act, the Professional Regulation Commi:

ion, together with the Board, the
Philippine Medical Association 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 Integrated PMA Code of Ethies. The IRRs shall
take effect after fifteen (15) days following their publication in a major daily newspaper of
general circulation.

SEC. 44. Transitory Provisions. — The incumbent Board shall continue to function in
the interior until such term as the new Board shall have been constituted pursuant to this Act.

SEC. 45. 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. 46. Repealing Clause. ~ R.A. 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 other laws,
decrees, executive orders, and other administrative issuances and parts thereof which are
inconsistent with the provisions of this Act are hereby modified, amended, superseded or
repealed accordingly.

SEC. 47. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or at least two (2) newspapers of general
circulation in the Philippines.

Approved,