1 Hwust OF REPK
Republic of the Philippines | =e CLAVE
HOUSE OF REPRESENTATIVES RECEIVED
Quezon City pare: 02 AUG 2616

SEVENTEENTH CONGRESS
First Regular Session BY

HOUSE BILL NO. __2a20_|

EXPLANATORY NOTE

Society benefits from microorganisms in various ways. They are employed in
the production of foods and condiments such as bread, cheese, beer, soy sauce and
pharmaceuticals such as antibiotics, vaccines, hormones like insulin and vitamins.
They are also employed in environmental clean-up and in the production of biogas
and bioethanol. Life on earth is preserved with the action of microorganisms in the
cycling of major elements such as carbon, oxygen, nitrogen, phosphorus and sulfur
both in terrestrial and aquatic ecosystems. Furthermore, microorganisms are the
source of nutrients at the base of ecological food chains and food webs.
Microorganisms are employed in scientific research and technology. Microbes and
the principles of microbiology form the foundation of modern biotechnology such as
genetic engineering and tissue culture. Conversely, microorganisms are responsible
for the spoilage of food and manufactured goods and for post harvest losses in
agricultural crops. Food poisoning and many diseases in humans such as HIV,
pneumonia, typhoid, and cholera, in livestock such as foot and mouth disease, and
in crops such as bacterial leaf blight in rice, Sigatoka disease in bananas, abaca
bunchy top and damping off in vegetables.

The handling of microorganisms takes special skills and knowledge, Such
skills and knowledge are essential in the quality control of processed foods and
manufactured goods, in managing environmental pollution, in managing/preventing
epidemics and pandemics in human, animal and crop populations and in efficiently

ENTATIVES

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grersTRATON UNIT



producing microbial-based goods and services. The teaching and training for
microbiological skills and knowledge is within the academic programs of universities
and colleges. Inevitably due to differences in philosophy, facilities and resources,
the content and emphasis in training differ. Given the important role of
microbiologists in the quality control of processed foods and manufactured goods, in
managing environmental pollution, in managing/preventing epidemics and
pandemics in human, animal and crop populations and in efficiently producing
microbial-based goods and services, it is imperative that the profession of
microbiology be regulated.

“Ds
HON. JGAQUIN M. CHIPECO, JR.
Representative

(-Se€ond District, Province of Laguna



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2320

HOUSE BILL NO.

Introduced by HONORABLE JOAQUIN M. CHIPECO, JR.

AN ACT REGULATING THE PRACTICE OF MICROBIOLOGY IN THE
PHILIPPINES AND FOR OTHER PURPOSES

Be enacted by the Senate and the House of Representatives of the Philippines in Congres
Assembled:
ARTICLE |

TITLE, DECLARATION OF POLICY AND OBJECTIVES

SECTION 1. Title - The act shall be known as the Microbiology Act of 2013

SECTION 2. Statement of policy and objective - The State recognizes the important
role of microbiologists in national development. It is the object of this Act to institute a
regulatory system that guarantees the delivery of technical services that ensures
food safety, quality manufactured goods and responsive health and environmental
care and prevents the rapid spread of microbial-caused diseases in human and
animal populations.

ARTICLE Il
DEFINITION OF TERMS

SECTION 3. Definition of terms - As used in this Act, the following terms shall
mean:

(a) Practice of the microbiology profession shall refer to the profession requiring
the application of the fundamental and known principles of microbiology to


the peculiar condition and requirements of food safety and manufacturing
standards, responsive healthcare and disease prevention, environmental
quality management and shall include, but not limited to, the following:

(1) Consultation, valuation, investigation and management services on the
identification of microbial agents in food, feed, human and animal diseases
and in environmental impact assessments

(2)Management or supervision and the preparation of designs, plans,
specifications, project studies and estimates for microbial-based processes
and related manufacturing and waste management facilities

(3) Conducting research and development, training and extension work, and
consultancy services on the various areas of microbiology such as general
microbiology, food microbiology, agricultural microbiology, industrial, veterinary,
medical , aquatic and environmental and on microbiological facilities/services,
system and technologies

(4) Microbiological testing and inspection of food, pharmaceutical, agricultural,
fishery and forest products

(5) Management, manufacturing and/or marketing of microbial and microbial-
based products

(6) Quality control in the manufacture of foods, food additives, flavors,
pharmaceuticals, cosmetics, biofuels and biofertilizers

(7) Teaching microbiology subjects in institution of learning in the Philippines

(8) Employment with the government provided such item or position requires the
knowledge and expertise of a microbiologist.

(b) Microbiologist - A microbiologist is a natural person who has been issued a
certificate of registration by the Board of Microbiology and has taken the oath
of profession of microbiologist

ARTICLE Ill
BOARD OF MICROBIOLOGY

SECTION 4, Creation and Composition of the Board - There is hereby created a
Board of Microbiology hereinafter referred to as the Board, composed of Chairman
and two (2) Members who shall be appointed by the President of the Republic from
recommendees of the Professional Regulation Commission, hereinafter referred to
as the Commission, from the nominees chosen solely and ranked from and only from
the Philippine Academy of Microbiology of the Philippine Society of Microbiology

The Board shall be organized not later than six (6) months from the effectivity of this
Act.


SECTION 5, Powers and functions of the Board ~ The Board shall be vested with
the following powers and functions:

a.

Promulgate, administer and enforce rules and regulations necessary in
carrying out the provisions of this Act, in accordance with the Charter of the
Commission

Supervise and regulate the registration, licensure, and practice of
microbiology in the Philippines

Administer oaths in connection with the administration of this Act
Adopt an official seal of the Board

Maintain a roster of microbiologists indicating therein the basic information
about the registered professionals

Issue, reinstate, suspend or revoke the Certificate of Registration and/or
Professional license for the practice of Microbiology

Monitor the conditions affecting the practice of microbiology and adopt such
measures as may be deemed necessary for the enhancement of the
profession and/or maintenance of high professional, ethical and technical
standards

Prescribe and/or adopt a Code of Ethics for the practice of microbiology

Hear or investigate any violation of this Act, its Implementing Rules and
Regulations and the Code of Ethics for Microbiologists as shall come to the
knowledge of the Board, and for this purpose, to issue subpoena and
subpoena duces tecum to secure the appearance of witnesses and the
production of documentsd in connection therewith

Approve registration without examination, subject to review by the
Commission

Issue special permits to persons admitted to the practice of microbiology for a
specific duration, and certification of recognition to Microbiologist for graduate
degree, outstanding researches, highly specialized trainings and
accomplishments that contribute to the enrichment of the profession

‘Submit an annual report at the close of each fiscal year on the proceedings
and accomplishments of the Board during the year as any recommendations
of the same Commission with the end in view of upgrading and improving the
conditions affecting the practice of Microbiology in the Philippines


m. Discharge such powers and functions as the Board may deem necessary for
the practice of the profession and the upgrading, enhancement, development
and growth of Microbiology in the Philippines.

The policies and resolutions, rules and regulations, orders, or decisions
issued or promulgated by the Board shall be subject to the review and
approval of the Commission. Provided, however, that the decisions,
resolutions, orders rendered by the Board which are interlocutory in an
administrative case shall be subject to review on appeal.

SECTION 6. Qualifications of the Chairman and Members of the Board — The
Chairman and Members of the Board shall at the time of appointment, possess the
following qualifications:

a. Must be a Filipino citizen and resident of the Philippines

b. Must be of proven integrity and with high moral values as evidenced by
his/her past record

©. Must be a holder of a bachelor's degree in Microbiology or related field with
at least 24 units in Microbiology

d. Diplomate or Fellow of the Philippine Academy of Microbiology of the
Philippine Society of Microblology who has been in active service for a period
of at least ten (10) years either in government or private practice

e. Duly registered Microbiologist under this Act with a valid Certificate and
Professional License who has been in the active service for a period of at
least ten (10) years either in government or private practice. This qualification
shall be waived only for the members of the first Board.

f. Amember of good standing of the Philippine Society for Microbiology Inc.

g. Not an investor, consultant or financially involved directly or indirectly in any
school, college, university or institution conferring an academic degree for
admission to the practice of microbiology or where review classes in
preparation for the licensure examination are being offered or conducted and

h. Not convicted of any offense involving moral turpitude

SECTION 7, Tenure of Office - The Chairman and Members of the Board shall have
been appointed and duly qualified. Provided, that Members of the first appointed
Board shall hold office under the following terms: one (1) Member as Chairman for
three(3) years, one (1) Member for two(2) years and one (1) Member for one (1)
year.


The Chairman and members of the first Board shall be automatically
registered as Microbiologists and issued with certificate of Registration and
Professional license.

The Chairman and Member of the Board may be reappointed for another term
but in no case shall he/she serve continuously for more than six (6) years. They shall
take the proper oath of office prior to assumption of duty

SECTION 8, Meetings of the Board ~ The Board shall hold annual regular meetings
and other such regular meetings at such times as the rules of the Board may provide
but not less than four times a year, Special meetings may also be held upon the call
of the Chairman or request by a majority of its Members. Reasonable notice of all
meetings shall be given in the manner prescribed by the rules of the Board, A
quorum of the Board shall consist of a majority of its Members.

SECTION 9. Compensation and allowances of the Board - The Chairman and
Members of the Board shall receive compensation and allowances equivalent to
those being received by the Chairman and members of existing regulatory boards
under the Commission as provided for in the General Appropriations Act.

SECTION 10, Vacancy and removal of Board Members. Any vacancy on the Board
shall be filled for the remaining unexpired portion of the term only.

The Chairman or any member of the Board may be suspended or removed
from Office by the President of the Republic of the Philippines upon the
recommendation of the Commission for neglect of duty, incompetence, malpractice,
commission or tolerance of irregularities in any examination given by the Board,
unprofessional or unethical conduct, after due notice and hearing where his/her right
to be heard, to defend him/herself and to be assisted by counsel shall be respected
in a proper administrative investigation; Provided that during the process of
investigation the Commission shall have the power to suspend such member under
investigation, the Commission shall appoint a temporary member in his/her place
The Commission's decision may be appealed within fifteen (15) days to the
President of the Republic of the Philippines whose decision shall be final and
executory

SECTION 11. Supervision of the Board, Custodian of the Records, Secretariat and
Support Services - The Board shall be under the general supervision and
administrative control of the Commission. All records of the Board, including
applications for examination papers and results, minutes of deliberation,
administrative cases and other investigative cases involving Microbiologists shall be
kept by the Commission

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


ARTICLE IV
EXAMINATION AND REGISTRATION

SECTION 12. Licensure Examination - Every applicant seeking to be registered
and licensed as Microbiologist shall undergo and pass a written technical
examination to be given by the Board at least once a year in such places and dates
as the Commission may designate.

SECTION 13. Qualifications for examination - Any person applying for admission to
the licensure examination for Microbiologist shall establish to the satisfaction of the
Board that’

a. He is a citizen of the Philippines
b, He is of good moral character

c. He has not been convicted by a competent court of an offense involving moral
turpitude:

d. He has eared at least 18 units in Microbiology and holds a baccalaureate or
post graduate degree in Microbiology or any related field

SECTION 14. Scope of examination - The Board shall base licensure examination
on six (8) subjects having equal weight

a, General microbiology

b. Microbial physiology

c. Microbial ecology

d, Microbial genetics

e. Virology

f, Elective ( choice among: Food, Industrial, Medical)

SECTION 15. Release of the Results of Examination - The Board and the
Commission shall correct and rate the licensure examination results within fifteen
(15) days after the said examination

SECTION 16. Rating in examination - An examinee shall be deemed to have
successfully passed the examination if he has obtained an average of at least
seventy percent (70%); Provided that in no case should the rating in any subject be
less than fifty percent (50%): Provided further that an applicant who fails to obtain a
passing average but who obtained at least seventy percent (70%) in at least three(3)
subjects given in the examination may be permitted to take any number of times, a
removal examination on the subject or subjects in which he/she obtained a grade
below seventy percent (70%).


SECTION 17. Issuance of the Certificate and Registration and Professional License
~ A certificate of Registration shall be issued to examinees who pass the licensure
‘examination for Microbiology. The Certificate of Registration shall have the signature
of the Chairman of the Commission and the Members of the Board, stamped with the
official seal, indicating that the person named therein is entitled to practice the
profession with all the privileges appurtenant thereto

This Certificate shall remain in full force and effect until withdrawn, suspended or
revoked in accordance with this Act.

A professional License, duly signed by the Chairman of the Commission, bearing the
registration number, date of issuance, expiry date, shall likewise be issued to every
registrant who has paid the annual registration fee. This license shall serve as
evidence that the Licensee can lawfully practice his/her profession until the
expiration of its validity.

SECTION 18. Registration Without Examination. The first Board shall, within a
period of one(1) year from the effectivity of this Act, issue a Certificate of Registration
and Professional License without the necessity of undergoing and passing the
licensure examination for Microbiology, to any applicant who together with his/her
application for registration shall present evidence or proof satisfactory to the Board
that

a. HeiShe is a Filipino citizen, a person of good moral character

b. He/She is a member of good standing of the Philippine Society of
Microbiology or a Diplomate of the Philippine Academy of Microbiology and
has been practicing the profession for at least ten (10) years

c. He/She is accredited by the Philippine Academy of Microbiology as register or
specialist microbiologist

SECTION 19. Refusal to register ~ The Board shall refuse to issue the Certificate of
Registration and/or Professional License to any person who has been convicted by a
Court of competent jurisdiction of any crime involving moral turpitude, or has been
found guilty of immoral or dishonorable conduct after due investigation by the Board,
or has been declared to be of unsound mind. The record of refusal shall be set forth
in writing and shall be incorporated with the records of the Board

SECTION 20. Revocation or Suspension of the Certificate of Registration and
Professional License - The Board may after giving proper notice and hearing to the
party concerned, revoke the practitioner's certificate of Registration and cancel his
professional License, thereby suspending him/her from the practice of the profession
for any unprofessional or unethical conduct, malpractice, violation of any of the
provision of this Act, its rules and regulations or upon conviction of any crime.


SECTION 21. Reinstatement, Reissuance or Replacement of Certificate of
Registration and Professional License. - The Board may, upon application and for
reasons deemed proper and sufficient, reinstate any revoked Certificate of
Registration, reissue any suspended Professional License or replace lost, destroyed
or mutilated documents subject to rules implemented by the Board

SECTION 22. Renewal of Professional License - The Professional License shall be
renewed every three (3) years upon satisfying the requirements imposed by the
Board, such as compliance with a continuing education program and payment of the
corresponding fees as may be prescribed by the Board in accordance with the
schedule of fees fixed by the Commission

SECTION 23. Roster of Microbiologists - The Board shall keep a roster of duly
registered and licensed microbiologists, indicating their names, registration numbers,
nature of work, and other pertinent information, The Board shall regularly update
such roster and make it available to all interested parties.

SECTION 24. Practice of microbiology in other professions registered with the
Professional Regulatory Commission - Other professionals registered with the
Philippine Regulatory Commission where microbiology is an essential component of
their practice such Doctor of Medicine, Doctor of Veterinary Medicine and Medical
technologist may continue to practice microbiology without registering under this Act

SECTION 25. Issuance of Temporary or Special Permits ~ Without prejudice to the
existing laws on the practice of professions by foreigners in the Philippines, the
following may be issued temporary or special permits to practice Microbiology in the
Philippines.

a, Foreign registered and/or licensed Microbiologist recognized as experts in
their specific fields, called in by the Philippine government for consultation or
for any specific activity and

b. Foreign registered and/or licensed Microbiologist who have distinguished
themselves in their respective fields of specialization and who are either
directly hired or employed as professors/lecturers/instructors in Microbiology
by Philippine schools, colleges, universities or research institutions.

Provided; however, that their practice of the profession shall be limited to the
particular work for which they have been commissioned; Provided further, that the
said temporary or special permit shall be valid only for one(1) year subject to renewal
every year.


ARTICLE V
PRACTICE OF MICROBIOLOGY

SECTION 26. Prohibitions and Limitations in the Practice of Microbiology - No
person shall offer him/herself in the Philippines as a microbiologist, or use of any
word, letter, figure or sign whatsoever, tending to convey the impression that he/she
is a microbiologist, or advertise that he is qualified to perform the work as such,
without holding a valid Certificate of Registration and a valid Professional License in
accordance with this Act, except as provided under Sections 24 and 25 hereof.

SECTION 27. Professional Oath ~ All successful candidates in the examination or
registration shall be required to take a professional oath at such place and time as
the Board may schedule or before any member of the Board or any person duly
authorized by the Commission, prior to the practice of the profession.

SECTION 28. Code of Ethics - The Board shall adopt the Code of Ethics for
Microbiology promulgated by the Philippine Academy of Microbiology of the
Philippine Society of Microbiology, Inc.

SECTION 29. Foreign Reciprocity - No foreign Microbiologist shall be admitted to
the examination or given a Certificate of Registration or be entitled to any of the
privileges under this Act unless the country in which he/she Is a citizen specifically
permits Filipino microbiologists to practice within its territorial limits on the same
basis as the citizens of such foreign state or country.

ARTICLE VI
MISCELLANEOUS PROVISIONS

SECTION 30, Funding provisions ~ The savings from any item of appropriations of
the Professional Regulatory Commission shall be utilized for the initial
implementation of this Act. Thereafter, such sum as may be necessary to carry out
the provisions of this Act shall be included in the annual General Appropriations Act
of the year following its enactment into law and thereafter.

SECTION 31, Enforcement of the Law - Any law enforcement agency, upon its
initiative or call/request of the Board and/or Commission, shall render assistance in
enforcing this Act, including its rules and regulations, by apprehending violators
thereof and charging them in accordance with the law and Rules of Court

SECTION 32. implementing Rules and Regulations ~ Subject to the approval of
Commission, the Board shall adopt and promulgate such rules and regulations,
including the Code of Ethics for Microbiologist, to carry out the provisions of this Act,
which shall be effective after thirty (30) days following their publication in the Official
Gazette or in two(2) major daily newspapers of general circulation.


SECTION 33. Penal provisions - Any person who shall violate any of the provisions
of this Act or any of its implementing rules and regulations, upon conviction shall be
punished by a fine of not less than Ten Thousand pesos (P10,000) nor more than
Fifty Thousand Pesos (P50,000) or by imprisonment, of not less than six (6) months
nor more than five (5) years, or both such fine and imprisonment at the discretion of
the Court

SECTION 34. Separability clause — If any section or provision of this Act shall be
declared invalid or unconstitutional, such shall not invalidate any other section or
provision of this Act.

SECTION 35. Repealing Clause ~ All laws, decrees, executive orders, rules and
regulations or parts thereof which are in conflict with the provisions of this Act are
hereby repealed or modified accordingly

SECTION 36. Effectivity — This Act shall take effect thirty (30) days following its full
publication in the Official Gazette or two( 2) major daily newspaper of general
circulation.

Approved,