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REPUBLIC ACT No.

2382 (b) To determine and prescribe requirements for minimum physical facilities of colleges of
medicine, to wit: buildings, including hospitals, equipment and supplies, apparatus,
THE MEDICAL ACT OF 1959 instruments, appliances, laboratories, bed capacity for instruction purposes, operating and
delivery rooms, facilities for out-patient services, and others, used for didactic and
practical instructions in accordance with modern trends;
ARTICLE I
Objectives and Implementation
(c) To determine and prescribe the minimum number and the minimum qualifications of
teaching personnel, including student-teacher ratio and curriculum;
Section 1. Objectives. This Act provides for and shall govern (a) the standardization and
regulation of medical education; (b) the examination for registration of physicians; and (c)
the supervision, control and regulation of the practice of medicine in the Philippines. (d) To determine and prescribe the number of students who should be allowed to take up
the preparatory course taking into account the capacity of the different recognized
colleges of medicine.
Section 2. Enforcement. For the purpose of implementing the provisions of this Act, there
are created the following agencies: the Board of Medical Education under the Department
of Education, and the Board of Medical Examiners under the Commissioner of Civil Service. (e) To select, determine and approve hospitals or some departments of the hospitals for
training which comply with the minimum specific physical facilities as provided in
subparagraph (b) hereof: and
ARTICLE II
The Board of Medical Education Its Functions
(f) To promulgate and prescribe and enforce necessary rules and regulations for the
proper implementation of the foregoing functions.
Section 3. Composition of Board of Medical Education. The Board of Medical Education shall
be composed of the Secretary of Education or his duly authorized representative, as
chairman, and the Secretary of Health or his duly authorized representative, the Director Section 6. Minimum required courses. Students seeking admission to the medical course
of the Bureau of Private Schools or his duly authorized representative, the chairman of the must have a bachelor of science or bachelor of arts degree or their equivalent and must
Board of Medical Examiners or his duly authorized representative, a representative of have taken in four years the following subjects with their corresponding number of units:
private practitioners, upon recommendation of an acknowledged medical association and
a representative chosen by the Philippine Association of Colleges and Universities, as Unit
members.

English 12
The officials acting as chairman and members of the Board of Medical Education shall hold
office during their incumbency in their respective positions.
Latin 3
Section 4. Compensation and traveling expenses. The chairman and members of the Board
of Medical Education shall not be entitled to any compensation except for traveling Mathematics, including Accounting and Statistics 9
expenses in connection with their official duties as herein provided.
Philosophy, including Psychology and Logic 12
For administrative purposes, the Board shall hold office in the office of its chairman, who
may designate a ranking official in the Department of Education to serve as secretary of
Zoology and Botany 15
the Board.

Physics 8
Section 5. Functions. The functions of the Board of Medical Education shall be:

(a) To determine and prescribe minimum requirements for admission into a recognized Chemistry 21
college of medicine;
Library Science 1
Humanities and Social Sciences 12 Genycology

Opthalmology, Otology, Rhinology and Laryngology


Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven
hundred nine; but commencing with the academic year nineteen hundred sixty to nineteen Pediatrics
hundred sixty-one, twenty-four units of Spanish shall be required pursuant to Republic Act
Numbered Eighteen hundred and eighty-one as cultural, social and nationalistic studies. Obstetrics

Provided, That the following students may be permitted to complete the aforesaid Surgery
preparatory medical course in shorter periods as follows:
Preventive Medicine and Public Health
(a) Students whose general average is below eighty-five per cent but without any grade of
failure or condition may be allowed to pursue and finish the course in three academic Legal Medicine, including Medical Jurisprudence and Ethics.
years and the intervening summer sessions; and
Section 7. Admission requirements. The medical college may admit any student to its first
(b) Students whose general average is eighty-five per cent or over may be permitted to year class who has not been convicted by any court of competent jurisdiction of any
finish the course in three academic years by allowing them to take each semester the offense involving moral turpitude, and who presents (a) a certificate showing completion
overload permitted to bright students under existing regulations of the Bureau of Private of a standard high school course, (b) a record showing completion of a standard
Schools. preparatory medical course as herein provided, (c) a certificate of registration as medical
student, (d) a certificate of good moral character issued by two former professors in the
Provided, That upon failure to maintain the general average of eighty-five per cent, pre-medicine course, and (e) birth certificate and marriage certificate, if any. Nothing in
students under (b) shall automatically revert to the category of students under (a) and this Act shall be construed to inhibit any college of medicine from establishing, in addition
those under (a), upon having any grade of failure or condition, shall automatically revert to to the preceding, other entrance requirements that may be deemed admissible.
the category of students required to pursue the preparatory course in four years
mentioned above. For the purposes of this Act, the term "College of Medicine" shall mean to include faculty of
medicine, institute of medicine, school of medicine or other similar institution offering a
The medical course shall be at least five years, including not less than eleven rotating complete medical course leading to the degree of Doctor of Medicine or its equivalent.
internship in an approved hospital, and shall consist of the following subjects:
Every college of medicine must keep a complete record of enrollment, grades and turnover,
Anatomy and must publish each year a catalogue giving the following information:

Physiology 1. Date of publication

Biochemistry and Nutrition 2. Calendar for the academic year

Pharmacology 3. Faculty roll indicating whether on full time part time basis

Microbiology 4. Requirements of admission

Parasitology 5. Grading system

Medicine and Therapeutics 6. Requirements for promotion


7. Requirements for graduation any remedy for any human disease, injury, deformity, physical, mental or physical
condition; or (c) who shall use the title M.D. after his name.
8. Medical hours per academic year by departments
Section 11. Exemptions. The preceding section shall not be construed to affect (a) any
9. Schedule hours per academic year by departments medical student duly enrolled in an approved medical college or school under training,
serving without any professional fee in any government or private hospital, provided that
he renders such service under the direct supervision and control of a registered physician;
10. Number of students enrolled in each class.
(b) any legally registered dentist engaged exclusively in the practice of dentistry; (c) any
duly registered masseur or physiotherapist, provided that he applies massage or other
ARTICLE III physical means upon written order or prescription of a duly registered physician, or
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION OF PHYSICIANS provided that such application of massage or physical means shall be limited to physical or
muscular development; (d) any duly registered optometrist who mechanically fits or sells
Section 8. Prerequisite to the practice of medicine. No person shall engage in the practice of lenses, artificial eyes, limbs or other similar appliances or who is engaged in the
medicine in the Philippines unless he is at least twenty-one years of age, has satisfactorily mechanical examination of eyes for the purpose of constructing or adjusting eye glasses,
passed the corresponding Board Examination, and is a holder of a valid Certificate of spectacles and lenses; (e) any person who renders any service gratuitously in cases of
Registration duly issued to him by the Board of Medical Examiners. emergency, or in places where the services of a duly registered physician, nurse or
midwife are not available; (f) any person who administers or recommends any household
Section 9. Candidates for board examination. Candidates for Board examinations shall have remedy as per classification of existing Pharmacy Laws; and (g) any psychologist or mental
the following qualifications: hygienist in the performance of his duties, provided such performance is done in
conjunction with a duly registered physician.
(1) He shall be a citizen of the Philippines or a citizen of any foreign country who has
submitted competent and conclusive documentary evidence, confirmed by the Department Section 12. Limited practice without any certificate of registration. Certificates of
of Foreign Affairs, showing that his country's existing laws permit citizens of the registration shall not be required of the following persons:
Philippines to practice medicine under the same rules and regulations governing citizens
thereof; (a) Physicians and surgeons from other countries called in consultation only and
exclusively in specific and definite cases, or those attached to international bodies or
(2) He shall be of good moral character, showing for this purpose certificate of civil status; organization assigned to perform certain definite work in the Philippines provided they
shall limit their practice to the specific work assigned to them and provided further they
(3) He shall be of sound mind; shall secure a previous authorization from the Board of Medical Examiners.

(4) He shall not have been convicted by a court of competent jurisdiction of any offense (b) Commissioned medical officers of the United States armed forces stationed in the
involving moral turpitude; and Philippines while rendering service as such only for the members of the said armed forces
and within the limit of their own respective territorial jurisdiction.

(5) He shall be a holder of the degree of Doctor of Medicine or its equivalent, conferred by
a college of medicine duly recognized by the Department of Education. (c) Foreign physicians employed as exchange professors in special branches of medicine or
surgery whose service may in the discretion of the Board of Medical Education, be
necessary.
Section 10. Acts constituting practice of medicine. A person shall be considered as engaged
in the practice of medicine (a) who shall, for compensation, fee, salary or reward in any
form, paid to him directly or through another, or even without the same, physical examine (d) Medical students who have completed the first four years of medical course, graduates
any person, and diagnose, treat, operate or prescribe any remedy for any human disease, of medicine and registered nurses who may be given limited and special authorization by
injury, deformity, physical, mental or physical condition or any ailment, real or imaginary, the Secretary of Health to render medical services during epidemics or national
regardless of the nature of the remedy or treatment administered, prescribed or emergencies whenever the services of duly registered physicians are not available. Such
recommended; or (b) who shall, by means of signs, cards, advertisements, written or authorization shall automatically cease when the epidemic or national emergency is
printed matter, or through the radio, television or any other means of communication, declared terminated by the Secretary of Health.
either offer or undertake by any means or method to diagnose, treat, operate or prescribe
Section 13. The Board of Medical Examiners, its composition and duties. The Board of Section 16. Executive Officer and Secretary of the Board. The Secretary of the Boards of
Medical Examiners shall be composed of six members to be appointed by the President of Examiners appointed in accordance with section ten of Act Numbered Four thousand
the Philippines from a confidential list of not more than twelve names approved and seven, as amended, shall also be the secretary of the Board of Medical Examiners, who
submitted by the executive council of the Philippine Medical Association, after due shall keep all the records, including examination papers, and the minutes of the
consultation with other medical associations, during the months of April and October of deliberations of the Board. He shall also keep a register of all persons to whom certificates
each year. The chairman of the Board shall be elected from among themselves by the of registration has been granted; set forth the name, sec, age, and place of birth of each,
member at a meeting called for the purpose. The President of the Philippines shall fill any place of business, post office address, the name of the medical college or university from
vacancy that may occur during any examination from the list of names submitted by the which he graduated or in which he had studied, together with time spent in the study of
Philippine Medical Association in accordance with the provisions of this Act. the profession elsewhere, the name of the country where the institution is located which
had granted to him the degree or certificate of attendance upon clinic and all lectures in
No examiner shall handle the examinations in more than four subjects or groups of medicine and surgery, and all other degrees granted to him from institutions of learning.
subjects as hereinafter provided. The distribution of subject to each member shall be He shall keep an up-to-date registration book of all duly registered physicians in the
agreed upon at a meeting called by the chairman for the purpose. The examination papers Philippines. He shall furnish copies of all examination questions and ratings in each subject
shall be under the custody of the Commissioner of Civil Service or his duly authorized of the respective candidates in the physicians examination, one month after the release of
representative, and shall be distributed to each member of the Board who shall correct, the list of successful examinees, to the deans of the different colleges of medicine
grade, and sign, and submit them to the said Commissioner within one hundred twenty exclusively for the information and guidance of the faculties thereof. This report shall be
days from the date of the termination of the examinations. considered as restricted information. Any school which violates this rule shall be deprived
of such privilege. The secretary of the Board shall likewise keep a record of all registered
medical students. He shall keep all the records and proceedings, and issue and receive all
A final meeting of the Board for the deliberation and approval of the grades shall be called
papers in connection with any and all complaints presented to the Board.
by the Commissioner of Civil Service immediately after receipt of the records from the
members of the Board of Medical Examiners. The secretary of the Board shall submit to the
President of the Philippines for approval the names of the successful candidates as having Section 17. Rules and regulations. The Board of Medical Examiners, with the approval of
been duly qualified for licensure in alphabetical order, without stating the ratings obtained the Commissioner of Civil Service, shall promulgate such rules and regulations as may be
by each. necessary for the proper conduct of the examinations, correction of examination papers,
and registration of physicians. The Commissioner shall supervise each Board examination
and enforce the said rules and regulations. These rules and regulations shall take effect
Section 14. Qualifications of examiners. No person shall be appointed a member of the
fifteen days after the date of their publication in the Official Gazette and shall not be
Board of Medical Examiners unless he or she (1) is a natural-born citizen of the Philippines,
changed within sixty days immediately before any examination. Such rules and regulations
(2) is a duly registered physician in the Philippines, (3) has been in the practice of
shall be printed and distributed for the information and guidance of all concerned.
medicine for at least ten years, (4) is of good moral character and of recognized standing in
the medical profession, (5) is not a member of the faculty of any medical school and has no
pecuniary interest, directly or indirectly, in any college of medicine or in any institution Section 18. Dates of examinations. The Board of Medical Examiners shall give examinations
where any branch of medicine is taught, at the time of his appointment: Provided, That of for the registration of physicians, one in May and one in November every year, in the City
the six members to be appointed, not more than two shall be graduates of the same of Manila or any of its suburbs after giving not less than ten days' notice to each candidate
institution and not more than three shall be government physicians. who had filed his name and address with the secretary of the Board.

Section 15. Tenure of office and compensation of members. The members of the Board of Section 19. Fees. The secretary of the Board, under the supervision of the Commissioner of
Medical Examiners shall hold office for one year: Provided, That any member may be Civil Service, shall collect from each candidate the following fees:
reappointed for not more than one year. Each member shall receive as compensation ten
pesos for each candidate examined for registration as physician, and five pesos for each For registration as medical student P 5.00
candidate examined in the preliminary or final physician examination.

For complete physician examination 75.00


The President of the Philippines, upon the recommendation of the Commissioner of Civil
Service , after due investigation, may remove any member of the Board of Medical
Examiners for neglect of duty, incompetency, or unprofessional or dishonorable conduct. For preliminary or final examination 40.00
For registration as physician 20.00 (3) Biochemistry

(4) Microbiology and Parasitology


All fees paid as provided herein shall accrue to the funds of the Board of Medical
Examiners and be expended for the payment of the compensation of the members thereof. Section 22. Administrative investigations. In addition to the functions provided for in the
No fees other than those provided herein shall be paid to the Board. preceding sections, the Board of Medical Examiners shall perform the following duties: (1)
to administer oath to physicians who qualified in the examination; (2) to study the
Section 20. Issuance of Certificate of Registration, grounds for refusal of same. The conditions affecting the practice of medicine in all parts of the Philippines; (3) to exercise
Commissioner of Civil Service and the secretary of the Board of Medical Examiners shall the powers conferred upon it by this article with the view of maintaining the ethical and
sign jointly and issue certificates of registration to those who have satisfactorily complied professional standards of the medical profession; (4) to subpoena or subpoena duces
with the requirements of the Board. They shall not issue a certificate of registration to any tecum witnesses for all purposes required in the discharge of its duties; and (5) to
candidate who has been convicted by a court of competent jurisdiction of any criminal promulgate, with the approval of the Commissioner of Civil Service, such rules and
offense involving moral turpitude, or has been found guilty of immoral or dishonorable regulations as it may deem necessary for the performance of its duties in harmony with
conduct after he due investigation by the Board of Medical Examiners, or has been the provisions of this Act and necessary for the proper practice of medicine in the
declared to be of unsound mind. Philippines.

Section 21. Scope of examination. The examination for the registration of physicians shall Administrative investigations may be conducted by not less than four members of the
consist of the following subjects: (1) Anatomy and Histology, (2) Physiology, (3) Board of Medical Examiners; otherwise the proceedings shall be considered void. The
Biochemistry, (4) Microbiology and Parasitology, (5) Pharcology and Therapeutics, (6) existing rules of evidence shall be observed during all administrative investigations. The
Pathology, (7) Medicine, (8) Obstetrics and Gynecology, (9) Pediatrics and Nutrition, (10) Board may disapprove applications for examination or registration, reprimand erring
Surgery and Opthalmology, Otolaryngology and Rhinology, (11) Preventive Medicine and physicians, or suspend or revoke registration certificates, if the respondents are found
Public Health, and (12) Legal Medicine, Ethics and Medical guilty after due investigations.
Jurisprudence: Provided, however, That the examination questions in each subject or group
of subject shall at least be ten in number: Provided, further, That the examination questions Section 23. Procedure and rules. Within five days after the filling of written charges under
in Medicine shall include at least three from the following branches: Infectious diseases, oath, the respondent physician shall be furnished a copy thereof, without requiring him or
Neurology, Dermatology, Allergy, Endocrinology and Cardio-Vascular her to answer the same, and the Board shall conduct the investigation within five days
diseases: Provided, finally, That the examination questions in Surgery shall include at least after the receipt of such copy by the respondent. The investigation shall be completed as
four questions from the following: Opthalmology, Otology, Rhinology, Laryngology, soon as practicable.
Orthopedic Surgery and Anesthesiology.
Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any
The questions shall be the same for all applicants. All answers must be written either in of the following shall be sufficient ground for reprimanding a physician, or for suspending
English or Spanish. No name of the examinee shall appear in the examination paper but the or revoking a certificate of registration as physician:
examiners shall devise a system whereby each applicant can be identified by number only.
(1) Conviction by a court of competent jurisdiction of any criminal offense involving moral
In order that a candidate may be deemed to have passed his examination successfully he turpitude;
must have obtained a general average of seventy-five per cent without a grade lower than
sixty-five per cent in Medicine, Pediatrics and Nutrition, Obstetrics and Gynecology, and (2) Immoral or dishonorable conduct;
Preventive Medicine and Public Health, and no grade lower than fifty per cent in the rest of
the subjects. (3) Insanity;

The preliminary examinations shall comprise of the following subjects: (4) Fraud in the acquisition of the certificate of registration;

(1) Gross Anatomy and Histology (5) Gross negligence, ignorance or incompetence in the practice of his or her profession
resulting in an injury to or death of the patient;
(2) Physiology
(6) Addiction to alcoholic beverages or to any habit forming drug rendering him or her Section 28. Penalties. Any person found guilty of "illegal practice of medicine" shall be
incompetent to practice his or her profession, or to any form of gambling; punished by a fine of not less than one thousand pesos nor more than ten thousand pesos
with subsidiary imprisonment in case of insolvency, or by imprisonment of not less than
(7) False or extravagant or unethical advertisements wherein other things than his name, one year nor more than five years, or by both such fine and imprisonment, in the
profession, limitation of practice, clinic hours, office and home address, are mentioned. discretion of the court.

(8) Performance of or aiding in any criminal abortion; Section 29. Injunctions. The Board of Medical Examiners may file an action to enjoin any
person illegally practicing medicine from the performance of any act constituting practice
of medicine if the case so warrants until the necessary certificate therefore is secured. Any
(9) Knowingly issuing any false medical certificate;
such person who, after having been so enjoined, continues in the illegal practice of
medicine shall be punished for contempt of court. The said injunction shall not relieve the
(10) Issuing any statement or spreading any news or rumor which is derogatory to the person practicing medicine without certificate of registration from criminal prosecution
character and reputation of another physician without justifiable motive; and punishment as provided in the preceding section.

(11) Aiding or acting as a dummy of an unqualified or unregistered person to practice Section 30. Appropriation. To carry out the provisions of this Act, there is hereby
medicine; appropriated, out of any funds in the National Treasury not otherwise appropriated, the
sum of twenty thousand pesos.
(12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical
Association. Section 31. Repealing clause. All Acts, executive orders, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are repealed or
Refusal of a physician to attend a patient in danger of death is not a sufficient ground for modified accordingly.
revocation or suspension of his registration certificate if there is a risk to the physician's
life. Section 32. Effectivity. This Act shall take effect upon its approval: Provided, That if it is
approved during the time when examinations for physicians are held, it shall take effect
Section 25. Rights of respondents. The respondent physician shall be entitled to be immediately after the said examinations: Provided, further, That section six of this Act shall
represented by counsel or be heard by himself or herself, to have a speedy and public take effect at the beginning of the academic year nineteen hundred sixty to nineteen
hearing, to confront and to cross-examine witnesses against him or her, and to all other hundred sixty-one, and the first paragraph of section seven shall take effect four years
rights guaranteed by the Constitution and provided for in the Rules of Court. thereafter.

Section 26. Appeal from judgment. The decision of the Board of Medical Examiners shall Approved: June 20, 1959
automatically become final thirty days after the date of its promulgation unless the
respondent, during the same period, has appealed to the Commissioner of Civil Service and
later to the Office of the President of the Philippines. If the final decision is not satisfactory,
the respondent may ask for a review of the case, or may file in court a petition
for certiorari.

Section 27. Reinstatement. After two years, the Board may order the reinstatement of any
physicians whose certificate of registration has been revoked, if the respondent has acted
in an exemplary manner in the community wherein he resides and has not committed any
illegal, immoral or dishonorable act.

ARTICLE IV
PENAL AND OTHER PROVISIONS
CODE OF ETHICS OF THE PHILIPPINE MEDICAL ASSOCIATION Section 2. A physician should be free to choose patients.

ARTICLE I GENERAL PRINCIPLES

Section 1. The primary objective of the practice of medicine is service to mankind Section 3. In an emergency, provided there is no risk to his or her safety, a physician
irrespective of race, age, disease, disability, gender, sexual orientation, social standing, should administer at least first aid treatment and then refer the patient to the primary
creed or political affiliation. In medical practice, reward or financial gain should be a physician and/or to a more competent health provider and appropriate facility if
subordinate consideration. necessary.

Section 2. On entering the profession, a physician assumes the obligation of maintaining Section 4. In serious/difficult cases, or when the circumstances of the patient or the family
the honorable tradition that confers the well deserved title of a friend of mankind. The so demand or justify, the attending physician should seek the assistance of the appropriate
physician should cherish a proper pride in the calling and conduct himself/herself in specialist.
accordance with this Code and in the generally accepted principles of the International
Code of Medical Ethics.
Section 5. A physician should exercise good faith and honesty in expressing opinion/s as to
the diagnosis, prognosis, and treatment of a case under his/her care. A physician shall
Section 3. Physicians should fulfill the civic duties of a good citizen, must conform to the respect the right of the patient to refuse medical treatment. Timely notice of the worsening
laws and cooperate with the proper authorities in the application of medical knowledge of the disease should be given to the patient and/or family. A physician shall not conceal
for the promotion of the common welfare. nor exaggerate the patients condition except when it is to the latters best interest. A
physician shall obtain from the patient a voluntary informed consent. In case of
unconciousness or in a state of mental deficiency the informed consent may be given by a
spouse or immediate relatives and in the absence of both, by the party authorized by an
Section 4. Physicians should work together in harmony and mutual respect.
advanced directive of the patient. Informed consent in the case of minor should be given
by the parents or guardian, members of the immediate family that are of legal age.

Section 5. Physicians should cooperate with and safeguard the interest, reputation and
dignity of paramedical and other health professionals.
Section 6. The physician should hold as sacred and highly confidential whatever may be
discovered or learned pertinent to the patient even after death, except when required in
the promotion of justice, safety and public health.
Section 6. Physicians should be upright, diligent, sober, modest and well versed in both the
science and the art of the profession.

Section 7. Professional fees should be commensurate to the services rendered with due
consideration to the patients financial status, nature of the case, time consumed and the
Section 7. The promotion and advancement of the health of the patients should be professional standing and skill of the physician in the community.
prioritized over the benefits of the physicians and the health products industries.

ARTICLE III DUTIES OF PHYSICIANS TO THE COMMUNITY


ARTICLE II DUTIES OF PHYSICIANS TO THEIR PATIENTS
Section 1. A physician should cooperate with the duly constituted health authorities in the
Section 1. A physician should be dedicated to provide competent medical care with full education and enforcement of laws and regulations for the promotion of health.
professional skill in accordance with the current standards of care, compassion, Furthermore, in times of epidemic and public calamity, except when his or her personal
independence and respect for human dignity. safety is at stake, the physician must attend to the victims, alert the public and duly
constituted health authorities on the dangers of communicable diseases and enforce
measures for prevention and cure in accordance with existing laws, rules and regulations.
Section 2. A physician shall assist the government in the administration of justice in Section 3. The primary and consultant physicians should always observe the proper
accordance with law. He/she maybe accorded a fair and just remuneration when called protocol of the referral system. The consultant may make another referral but should seek
upon as an expert witness. permission from the primary physician. In making a referral, a physician should forward a
clinical abstract and specify the purpose as to whether the case is for opinion/evaluation,
for co-management, or for transfer of service.
Section 3. A physician is encouraged to expose and report to the proper authorities
unlicensed medical practitioners, charlatans and quacks in as much as their nefarious
practices may cause injury to health and life. A physician should never condone nor Section 4. With the consent of the patient, in cases where a physician has to suspend
connive with such fake health providers. service during temporary absences, the substitute physician shall treat the patient with the
same dedication and quality of care extended to his/her own patient. The patient should
be returned to the care of the primary physician as soon as possible.
Section 4. A physician shall not employ agents in the solicitation and recruitment of
patients. For the promotion of medical practice, a physician may use professional cards,
classified advertising, publications, internet, directories and signboards. Signboards shall Section 5. Whenever a physician makes a social or business call on a patient under the care
not exceed one by two (1x2) meters in size. Except in internet web sites, only the name of of another, making comments pertaining to the case is unethical unless if an emergency
the physician, field of specialty, office hours or office or residential addresses may appear. arises.
The act of the physician in publishing his or her personal superiority, special certificates or
diplomas, post graduate training, specific methods of treatment, operative techniques or
former connections with hospitals or clinics is not allowed. However, these matters may be
Section 6. Whenever there is an irreconcilable difference of opinion in the management of
placed by a physician within the confines of his clinic or residence. For internet web sites,
a case, the matter should be referred to the Philippine Medical Association or the specialty
recognizing the right of a patient to know the capabilities and qualifications of his doctor,
society concerned.
special certificates or diplomas, post graduate training and former connections with
hospitals or clinics may be posted.

Section 7. Members of the editorial board of medical journals should possess adequate
qualifications. Written articles and scientific presentations in scientific conferences should
Section 5. A physician involved in multi media must be well informed of the matter under
include full disclosure of any pharmaceutical support and should be independent of any
discussion. Only the name of the physician and membership to a society or institution may
commercial influence.
be mentioned or posted. A physician should only make a general opinion and shall refrain
from making a specific diagnosis, therapy or projection to individual cases in his
appearances in the broadcast media. An article written by a physician must be
evidence-based and disclose connections with pharmaceutical or health product Section 8. A physician shall not receive any commission for referring patients to a
companies. A physician shall not commercially endorse any medical or health product. colleague, third person or institution. However, nominal gifts during occasions may be
received by a physician.

ARTICLE IV DUTIES OF PHYSICIANS TO THEIR COLLEAGUES AND TO THE


PROFESSION Section 9. A physician is encouraged to report to the Philippine Medical Association or the
Board of Medicine personal knowledge of any corrupt or dishonest conduct of the
Section 1. A physician shall waive his professional fees to a colleague, his or her spouse, members of the profession.
children and parents who are financially dependent on him.

Section 10. Continuing medical education conferences and professional meetings must
Section 2. When necessary, the attending physician should always seek consultation from contribute to improve and optimize patients care or address the educational needs of the
an available appropriate specialist.
targeted medical audience. They must be organized by a medical society on its own or in informed and have given their informed consent. Physicians are encouraged to report or
cooperation with sponsoring entities. share the result of such activities to the duly constituted authorities.

Section 11. Funds from commercial sources may be accepted for the benefit of the Section 3. Only gifts of reasonable value that primarily entail benefit to patient care or
association or society. related to physicians work may be accepted by a physician from a health product
company.

Section 12. Physicians may accept reasonable subsidies from health and other industries to
support their participation in CME events. Section 4. Physicians may request donations for a charitable purpose for as long as it does
not redound to his or her personal benefit.

Section 13. The faculty/speaker/consultant of conferences or meetings is allowed to


accept from health industries honoraria and reimbursement for reasonable transportation, Section 5. Research activities shall be ethically defensible, socially responsible, and
lodging and meal expenses. scientifically valid. Any remuneration should be reasonable and should not constitute an
enticement.

Section 14. Scholarships for physicians and medical students are permissible as long as the
selection of scholars are made by the organizers or academic institutions concerned. Section 6 Research trials conducted by physicians for an industry should be done in
accordance with the national or institutional guidelines for the protection of human
subjects.
Section 15. Generic names shall be used during the course of CME activities. However, after
the lectures, the sponsoring entity may promote or indicate their branded products.
ARTICLE VII AMENDMENTS

Section 1. The Board of Governors of the Association, upon recommendation of the


Section 16. When commercial exhibits are part of the overall program, arrangements for Commission on Ethics may amend or repeal this code by a 2/3 vote of the members of the
these should not influence the planning nor interfere with the CME activities. Only relevant Board. Amendments shall be subsequently ratified by the General Assembly following the
information of the product should be included in the exhibit area. approval by the Board.

Article V DUTIES OF PHYSICIANS TO ALLIED PROFESSIONALS

Section 1. Physicians should never pay nor receive commission to or from any allied health
worker for cases referred.

ARTICLE VI RELATIONSHIP OF PHYSICIANS WITH THE HEALTH PRODUCTS


INDUSTRY

Section 1. The physician shall not derive any form of material gain from product samples.

Section 2. Physicians may participate in post-marketing or similar activities where they


are asked to try new products on patients provided that the patients are properly
An Act proclaiming the rights and obligations of patients, providing a grievance SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
mechanism thereof and for other purposes.
First Regular Session

SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES SENATE

First Regular Session SENATE BILL NO. 1402

SENATE INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO

SENATE BILL NO. 1402 AN ACT PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, PROVIDING A
GRIEVANCE MECHANISM THEREOF AND FOR OTHER PURPOSES
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO

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


AN ACT PROCLAIMING THE RIGHTS AND OBLIGATIONS OF PATIENTS, PROVIDING A
assembled:
GRIEVANCE MECHANISM THEREOF AND FOR OTHER PURPOSES

SECTION 1. Short Title. - This Act shall be known as the "Magna Carta of Patient's Rights
EXPLANATORY NOTE
and Obligations Act of 2017."
Every person shall be given appropriate health care based on their needs and must not be
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the
deprived of their right without discrimination regardless of their social status.
right to health of the people and instill health consciousness among them, It shall likewise
Thus, this bill seeks to ensure the rights of Filipino people to proper healthcare, protect protect and enhance the right of all people to human dignity thereby establishing the
their wellbeing, and instill health consciousness among them. As part of the society, it is Magna Carta of Patient's Rights and Obligations in order to ensure a decent, humane and
only just to provide them with a decent quality health care they deserve without prejudice. quality Health Care for all patients and Health Care Providers.
All patients must be treated fairly and equally, human dignity, convictions, integrity,
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be defined as
individual needs and culture shall be respected, especially to those who are
follows:
underprivileged who doesn't have the means to afford one. Patients' needs to be informed
as well insofar their rights and moral obligations are concerned, through the Department a. Emergency Patient- one who is in immediate threat of dying or losing life or limb;
of Health, upon the enactment of this act, it is their duty to conduct a nationwide campaign
b. Health Care- measures taken by a Health Care Provider or in a Health Care Institution in
to raise awareness of the people's right as patients.
order to determine a patient's state of health or to restore or maintain it;
Therefore, with that said being, the immediate passage of this bill is earnestly sought.
c. Health Care Institution- a site devoted primarily to the maintenance and operation of
JOSEPH VICTOR G. EJERCITO facilities for the prevention, diagnosis, treatment and care of individuals suffering from
illness, disease, injury or deformity if in need of medical and nursing care;
d. Health Care Provider- any physician, dentist, nurse, pharmacist or paramedic and other education campaign to make known to the people their rights as Patients, as provided in
supporting health personnel, including, but not limited to, dental and medical technicians this Act. It shall also be the duty of Health Care Institutions to inform Patients of their
and technologists, nursing aides, therapists, nutritionists trained in Health Care and/or rights as well as of the institution's rules and regulations that apply to the conduct of the
duly registered and licensed to practice in the Philippines as well as traditional and Patient while in the care of such institution, These rights and rules and regulations shall be
alternative Health Care practitioner; and posted in a bulletin board conspicuously placed in a Health Care Institution

e. Patient- a person who avails of the health and medical care services. d. Right to Choose His Physician/ Health Institution- The Patient is free to choose the
services of a physician or health institution of his choice except when he chooses to be
SEC. 4. Individual Rights of Patients. - The following individual rights of Patients shall be
confined in a charity ward, In this case, the attending physician shall be the consultant
respected by all those involved in the delivery of Health Care services;
under whose service the patient was admitted as appearing in the Doctor's Order Sheet of

a. Right to Good Quality Health Care and Humane Treatment- Every person has a right to a the Medical Record, the Patient shall have the right to seek a second opinion and

continuity of good quality Health Care without discrimination and within the limits of the subsequent opinions, if necessary, from another physician or health institution, and to

resources, manpower and competence available for health and medical care. In the course change his physician or health institution,

of such care, his human dignity, convictions, integrity, individual needs and culture shall be
e. Right to Informed Consent- The Patient has a right to self- determination and to make
respected.
free decisions regarding himself/herself, however, the attending physician shall inform the

If a Patient cannot immediately be given treatment that is medically necessary, he shall be Patient of the I consequences of his/her decisions.

informed of the reason for the delay and be treated in accordance with his best interests:
A Patient who is mentally competent and is of legal age, or in his incapacity or age of
Provided, that the treatment applied shall be in accordance with generally accepted
minority, his legal representative, has a right to a clear explanation, in layman's terms, of
medical principles.
all proposed or contemplated procedures, whether diagnostic or therapeutic, including the

Emergency Patients shall be extended immediate medical care and treatment without identity and professional circumstances of the person or persons who will perform the

requiring, as a prerequisite thereof, any pecuniary consideration. said procedure or procedures. The explanation shall include the amount of information
necessary and indispensable for him to intelligently give his consent, including, but not
b. Right to Dignity- The Patient's dignity, culture and value shall be respected at all times in
limited to, the benefits, risk, side effects and the probability of success or failure, as a
medical care and teaching. Likewise, terminally ill patients shall be entitled to humane
possible consequence of said proposed procedure or procedures, including the
terminal care to make dying as dignified and comfortable as possible.
implications of withholding consent. In the explanation, the comprehensive ability of the

c. Right to be Informed of His Rights and Obligations as a Patient- Every person has the patient shall also be considered, taking into account his level of education, the dialect or

right to be informed of his rights and obligations as a Patient. In line with this, the language that he speaks and understands, and if possible, with the use of anatomic sketch

Department of Health, in coordination with Health Care Providers, professional and civic or any materials or visual aids that may aid the Patient, or his legal representative, in fully

groups, the media, health insurance corporations, people's organizations and local understanding the proposed procedure or procedures.

government organizations, shall launch and sustain a nationwide information and


The right to informed consent shall likewise consider the voluntariness in which the 4. The Patient's' refusal will not jeopardize public health and safety.
Patient or his/her legal representative has given his/her consent, seeing to it that the
g. Right to Refuse Participation in Medical Research- The Patient has the right to be
Patient or his legal representative was allowed to ask questions, or that he/she is given the
advised of plans to involve him/her in medical research that may affect the care or
chance to consult his/her kin, or to seek another expert opinion. If the Patient is
treatment of his/her condition. Any proposed research shall be performed only upon the
unconscious or is unable to express his/her will, informed consent must be obtained
written informed consent of the Patient.
whenever possible from a legal representative; Provided however, that when medical
intervention is urgently needed, the consent of the patient may be presumed; Provided h. Right to Religious Belief and Assistance- The Patient has the right to receive spiritual
further, that a physician should always try to save the life of a Patient who is unconscious and moral comfort, including the help of a priest or minister of his/her chosen religion.
due to suicide attempt. He/she also has the right to refuse medical treatment or procedures which may be
contrary to his religious beliefs, subject to the limitations described in paragraph 6 of this
In the case of a Patient who is legally incompetent or is a minor, the consent of a legal
Section.
representative is required; Provided however, that the Patient must be involved in the
decision making process to the fullest extent allowed by his mental capacity. If the legally i. Right to Privacy and Confidentiality- The patient has the right to privacy and protection
incompetent Patient can make rational decisions, his/her decisions must be respected, and from unwarranted publicity. The right to privacy shall include the patient's right not to be
he/she has the right to forbid disclosure of such information to his/her legal subjected to exposure, private or public, either by photography, publications, video- taping,
representative. discussion, or by any other means that would otherwise tend to reveal his person and
identity and the circumstances under which he was, he is, or he will be, under medical or
If the patient's legal representative forbids treatment, but, in the opinion of the physician,
surgical care or treatment.
it is contrary to the patient's best interest, the physician may challenge this decision in
court; Provided however, that in emergency cases, the physician shall act in the patient's The Patient and his/her legal representative has the right to be Informed by the physician
best interest; Provided further, that in emergency cases where there is no one who can or his/her legal representative of the patient's continuing Health Care requirements
give consent on the patient's behalf, the physician can perform any emergency diagnostic following discharge, including instructions about home medications, diet, physical activity
or treatment procedure in the best interest of the patient. and other pertinent information.

f. Right to Refuse Diagnostic and Medical Treatment- The Patient has the right to refuse All identifiable information about a patient's health status, medical condition, diagnosis,
diagnostic and medical treatment procedures, provided that the following conditions are prognosis and treatment, and all other information of a personal kind, must be kept
satisfied; confidential even after death; Provided, that descendants may have a right of access to
information that will inform them of their health risks.
1. The Patient is of legal age and is mentally competent;
All identifiable Patient data must also be protected. The protection of the data must be
2. The Patient is informed of the medical consequences of his/her refusal;
appropriate as to the manner of its storage. Human substance from which identifiable data
3. The Patient releases those involved in his care from any obligation relative to the can be derived must be likewise protected.
consequences of his/her decision; and
Confidential information can be disclosed in the following cases: The Patient has the right to be given, and examine, an itemized bill for hospital and medical
services rendered. He is entitled to a thorough explanation of such bill.
i. When the patient's medical or physical condition is in controversy in a court litigation
and the court, in its discretion, orders the patient to submit to physical or mental k. Right to Correspondence and to Receive Visitors- The Patient has the right to
examination of a physician; communicate with his/her relatives and other persons and to receive visitors subject to
reasonable limits prescribed by the rules and regulations of the Health Care Institution.
ii. When public health or safety so demands;
l. Right to Medical Records- The Health Care Institution and the, physician shall ensure and
iii. When the Patient, or in his incapacity, his/her legal representative, expressly gives the
safeguard the integrity and authenticity of the medical records.
consent;
The Patient, upon his/her request, is entitled to a medical certificate and clinical abstract.
iv. When the patient's medical or surgical condition is discussed in a medical or scientific
He/she has the right to view, and obtain an explanation of, the contents of his/her medical
forum for expert discussion for I his/her benefit or for the advancement of science and
records from the attending physician, except for psychiatric notes and other incriminating
medicine; Provided however, that the identity of the Patient should not be revealed; and
information obtained about a third party.

v. When it is otherwise required by law.


The Patient may also obtain from the Health Care Institution a reproduction, at his/her

j. Right to Disclosure of, and Access to, Information- In the course of the patient's expense, of his/her medical records, except for the psychiatric notes and incriminating

treatment and hospital care, the Patient or his/her legal guardian has the right to be evidence referred to above; Provided, That any relevant document that the Patient may

informed of the result of the evaluation of the nature and extent of his/her disease. Any require for insurance claims shall be made available to him within a reasonable period of

other additional or further contemplated medical treatment on surgical procedure or time.

procedures shall be disclosed and may only be performed with the written consent of the
m. Right to Health Education- Every person has the right to health education that will
patient.
assist him in making informed choices about personal health and about available health

The disclosure of information may be withheld if giving the information to the Patient will services. The education shall include information about healthy lifestyles and about

cause mental suffering or further impair his health, Provided, That such disclosure may be methods of prevention and early detection of illnesses. The personal responsibility of

withheld or deferred to some future opportune time upon due consultation with the everybody for his own health should be stressed.

patient's immediate family, Provided further, That such information must be given in a
n. Right to Leave Against Medical Advice- The Patient has the right to leave a hospital or
way that is appropriate to the local culture and in a manner the Patient can understand.
any other Health Care Institution regardless of his physical condition; Provided, that:

The Patient has the right to choose who he/she desires should be informed on his behalf,
i. He/she is informed of the medical consequences of his/her decision;
Provided however, That the Patient also has the right not to be informed on his explicit
request, unless it is required for the protection of another person's life. ii. He/she releases those involved in his/her care from any obligation relative to the
consequences of his/her decision; and
iii. His/her decision will not prejudice public health and safety. control of diseases; behavior related concerns; and disaster relief and emergency
situations during epidemics and similar health hazards. The State shall endeavor to
o. Right to Express Grievances.- Every Patient has the right to express valid complaints and
provide these information through lectures, symposia, tri-media, posters and the like.
grievances about the care and services received and to know the disposition of such
complaints, in accordance with Sections 7-8 of this Act. e. Right to Participate in Policy Decisions- The Patient has the right to participate in policy
decisions relating to patient's right to health at the community and national levels.
SEC. 5. Societal Rights of Patients. - In addition to the Individual rights of Patients, the
Patient has likewise the following societal rights: f. Right to Access to Health Facilities- The Patient has the right to be admitted to primary,
secondary, tertiary and other specialty hospitals when appropriate and necessary.
a. Right to Health- The Patient has the right to access quality Health Care and physicians
who are free to render clinical and ethical judgment without interference or external g. Right to an Equitable and Economical Use of Resources- The Patient has the right to an
pressure. He has likewise the right to regain/and or acquire the highest attainable equitable and economical use of resources such that health institutions, projects and
standard of health in a non-discriminatory, gender sensitive and equal manner which programs of the State are equitably established and implemented in various regions of the
health authorities and Health Care Providers must progressively contribute to realize. country.

b. Right to Access to Quality Public Health Care- The Patient has the right to a h. Right to Continuing Health Care- The Patient has the right to avail of or secure access to
comprehensive and integrated Health Care delivery system with the necessary manpower programs that will ensure continuity of care in the form of hospice care, rehabilitation,
and facility resources. He shall also have the right to a functioning public health and Health chemotherapy, radiotherapy arid other similar modalities.
Care facilities, needed programs, such as public health insurance, goods and services in
i. Right to Be Provided Quality Health Care in Times of Insolvency- The Patient has the
sufficient quantity. He shall likewise be provided with health facilities and services with
right, at all times, to access quality medical care in spite of insolvency. The State must
adequate provision for essential drugs, regular screening programs, appropriate treatment
provide for a system of payment to Health Care Institutions and Providers for all the valid
of prevalent diseases, illnesses, injuries and disabilities. Towards this end, the government
and necessary medical expenses of the. poor and marginalized citizens.
shall approximate the international standard allocation for the health sector as set by the
World Health Organization. SEC. 6. The Obligations of Patients. - The Patient shall fulfill the following obligations and
responsibilities regarding his/her medical care and/or personal behavior:
c. Right to a Healthy and Safe Workplace- The Patient as the right to a healthy natural
workplace environment with adequate supply of safe and potable water and basic a. Know Rights- The Patient shall ensure that he knows and understands what his/her
sanitation, industrial hygiene, prevention and reduction of exposure to harmful substances, rights as a Patient are and shall exercise those rights responsibly and reasonably.
preventive measures for occupational accidents and diseases, and an environment that
b. Provide Adequate, Accurate and Complete Information- The Patient shall provide, to the
discourages abuse of alcohol, tobacco and drug use, and the use of other harmful
best of his/her knowledge, adequate, accurate and complete information about all matters
substances.
pertaining to his/her health, including medications and past or present medical problems,
d. Right to Medical Information and Education Programs- The Patient has the right to
medical information and education programs on immunization; prevention, treatment and
ailments, medical history, consultation with other physicians, results of diagnostic lifestyles that have an adverse impact on health, such as sexual promiscuity and reckless
work-up and treatment, to his/her Health Care Provider. activities; and contamination of the environment. The Patient is obligated to maintain a
state of wellness.
c. Report Unexpected Health Changes - The Patient shall report unexpected changes to
his/her condition or symptoms, including pain, to his/her Health Care Provider. i. Provide Adequate Health Information and Actively Participate in His/Her Treatment. -
The Patient shall ensure that he/she has adequate health information that will allow
d. Understand the Purpose and Cost of Treatment - The Patient shall ensure that he/she
him/her to actively participate in the formulation of his/her diagnostic and treatment
understands the purpose and cost of any proposed treatment or procedure before
plans. When he/she signs an informed consent, it is assumed that he has the necessary
deciding to accept it. He/she shall notify his/her Health Care Provider if he/she does not
information.
understand any information about the proposed care or treatment. The Patient shall insist
upon explanations until adequately informed and shall endeavor to make all the necessary j. Respect the Right to Privacy of Health Care Providers and Institutions. - The Patient has
consultations before reaching a decision. the obligation to submit grievances to the proper authorities or venue and not resort to
unwarranted publicity in the media. He/she shall not disclose to the public any alleged
e. Accept the Consequences of Own Informed Consent - The Patient shall accept all the
complaint against Health Care Providers and/or Institutions if it has not been fully decided
consequences of his/her own informed consent. If he/she refuses treatment or does not
by a court or administrative tribunal of prosper jurisdiction.
follow the instructions or advice of the Health Care Provider, he/she must accept the
consequences of such decision and relieve the Health Care Provider of any liability as a k. Exercise Fidelity on Privileged Communication - A patient-physician relationship is a
result of the exercise of his/her right to self-determination. fiduciary one where mutual trust, respect and confidence are expected. All
communications are privileged and the patient' is obliged not to breach this privileged
f. Settle Financial Obligations. - The Patient shall ensure that the financial obligations as a
communication especially if it involves a third party.
result of his/her Health Care are fulfilled as promptly as possible. Otherwise, he/she shall
make the appropriate arrangements to settle unpaid hospital bills and/or professional fees l. Respect a Physician's Refusal to Treat Him - While the Patient has the right to choose
in accordance with Republic Act No. 9439. The patient must seek support from the State in his/her physician, he/she is also obligated to respect the physician's decision to choose
order to establish a system of payment to Health Care Institutions and Providers. whom he/she will treat.

g. Respect the Rights of Health Care Providers, Health Care Institutions and Other m. Respect the Physician's Decision on Medical Reasons based on his/her Religious
Patients - The Patient is obligated to give due respect to the rights and well-being of Health Beliefs - The Patient is obliged to respect the physician's religious beliefs. If the Patient is a
Care Providers, Health Care Institutions and other Patients. He shall act in a considerate minor or is legally incapacitated, his/her parents or legal representatives are obliged to
and/or cooperative manner and shall give respect to the rights and properties of others. likewise respect the physician's decision on mailers relating to medical reasons despite
He shall follow the policies, rules and regulations, and procedures of Health Care their religious beliefs.
Institutions.
n. Ensure Integrity and Authenticity of Medical Records - The Patient is obliged to ensure
h. Obligation to Self - The Patient shall refrain from indulging in unhealthy food the integrity and authenticity of his/her medical records. Any manner of alteration of
consumption; addiction forming substance foods such as tobacco, alcohol anti drugs; his/her records is a criminal offense subject to the provisions of the Revised Penal Code.
o. Participate in the Training of Competent Future Physicians The Patient is obligated to A successful mediation shall bar the filing of any judicial or administrative actions.
participate in the training of future physicians provided that necessary information is
SEC. 8. Second-Tier Mediation. - When mediation fails or no agreement is reached after the
provided to him/her and the appropriate ethical considerations are observed.
lapse of the ninety (90) day period, the mediation committee 14 shall refer the complaint
p. Report Infractions and Exhaust Grievance Mechanism. - The Patient shall immediately to the PMA through its local component society for appropriate administrative action.
inform his/her Health Care Provider of any perceived or alleged infraction of his/her
The PMA local component society shall serve as the second tier mediation. It shall be
rights as set forth in this Act through proper channels in order to promote mutual trust,
composed of the president of the local society as the presiding officer and one
respect and confidence, between the Provider and the and Patient. The Patient shall
representative from each of the following: component medical society, specialty society
exhaust the grievance mechanism mediation provided in Sections 7-8 of this Act before
corresponding to the case, the People's Health Watch or other civic organizations, and a
filing any administrative or legal action.
representative from the local religious organization. The PMA component society shall
SEC. 7. Grievance Mechanism. - Any written complaint arising from violation of any of the render its decision within Sixty (60) days from receipt of the complaint
rights of patients shall first be submitted for mediation. There shall be two (2) forms of
In the event that the second tier medication fails, the case shall be automatically referred
mediation: the hospital-based mediation and the barangay-based mediation.
to the PMA Commission on Ethics which shall likewise render its decision within sixty (60)
The hospital-based mediation committee shall be composed of a physician who shall be days from receipt of the complaint.
appointed by the hospital and shall act as chairperson and two other (2) physicians
Resort to mediation and referral to the PMA Commission on Ethics shall be a condition
recommended by the Philippine Medical Association local component society and
precedent to the filing of a legal action in court.
acceptable to both parties as members. The chairperson and the members of the
committee must be in good standing of the PMA and its local component society. All parties to the complaint shall be bound by the rules on confidentiality on all levels of
the mediation.
The barangay-based mediation committee shall be composed of the local health officer as
chairperson, one from the religious or duly accredited people's organization, and one from All minutes of the mediation proceedings shall not be disclosed to any party unless
the PMA local component society who is a member In good standing. authorized by the court of law. Any discussion held or admissions made therein shall not
be used for or against any party in subsequent or other proceedings.
The mediation procedure shall not be adversarial in nature. The Patient and the Health
Care Provider shall be given the opportunity to discuss the complaint and efforts shall be In the event there is compensation, it shall be limited to actual monetary loss due to
made for its amicable settlement No monetary compensation nor legal counsels shall be treatment related to physical injuries. It shall not cover for "pain and suffering" or other
involved at this stage. explicit non-monetary loss. An award shall bar the patient from filing any other legal
actions.
The aggrieved party shall be given thirty (30) days from occurrence of the incident to file
his/her written complaint for mediation. Upon receipt of the written complaint, the
concerned mediation committee shall have ninety (90) days to resolve the complaint.
SEC. 9. Prescriptive Period. - The time during which the case is submitted for mediation
shall toll the running of the prescriptive period for the filing of a civil or criminal case
under the Revised Penal Code or any administrative case under existing laws.

SEC. 10. Inclusion in School Curriculum, Licensure Examinations and Training. - The
provisions of this Act shall be considered in the medical and medical-related school
curriculum and licensure examinations, including trainings and seminars of traditional and
alternative Health Care Providers or practitioners.

SEC. 11. Rules and Regulations. - The Secretary of Health, in consultation with the
Philippine Medical Association, the Philippine Hospital Association, the Philippine Institute
of Traditional and Alternative Health Care and other concerned private agencies,
non-governmental organization and people's organizations shall promulgate such rules
and regulations as may be necessary for its implementation within One Hundred Eighty
(180) days from the effectivity of this Act.

SEC. 12. Repealing Clause. - All Acts, Executive Orders, Rules and Regulations, or parts
thereof that are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after the date of its
publication in at least two (2) major newspapers of general circulation.

Approved
PRESIDENTIAL DECREE No. 223 June 22, 1973 Section 4. Compensation. The Commissioner shall receive an annual compensation of
forty-eight thousand pesos (P48,000) with five hundred pesos (P500) commutable
CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS transportation and representation allowances and the Associate Commissioners, thirty-six
POWERS AND FUNCTIONS thousand pesos (P36,000) each with three hundred fifty pesos (P350) commutable
transportation and representation allowances.
WHEREAS, the regulations of the various profession presently regulated by the Office of
the Boards of Examiners is so extensive, practically covering all social and economic life of Section 5. Powers of the Commission. The powers of the Commission are as follows:
the country;
a) To administer, implement and enforce the regulatory policies of the National
WHEREAS, the existence of the Boards of Examiners is misconstrued for a number of years Government with respect to the regulation and licensing of the various professions and
now as nothing more than an examining unit, though all the professional laws creating the occupations under its jurisdiction including the maintenance of professional and
various Boards have charged them with the supervision and regulation over the occupational standards and ethics and the enforcement of the rules and regulations
professional practice in the Philippines; and relative thereto.

WHEREAS, to effectively enforce the laws regulating the various professions, there is an b) To perform any and all acts, enter into contracts, make such rules and regulations and
urgent need to create a three-man Commission to administer, implement, coordinate and issue such orders and other administrative issuances as may be necessary in the execution
supervise the various Boards of Examiners; and implementation of its functions and the improvement of its services.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of c) To review, coordinate, integrate and approve the policies, resolutions, rules and
the powers vested in me by the Constitution as Commander-in-Chief of all the Armed regulations, orders or decisions promulgated by the various Boards with respect to the
Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, profession or occupation under their jurisdictions including the results of their licensures
1972, and General Order No. 1 dated September 22, 1972, as amended, do hereby order examination but their decisions on administrative cases shall be final and executory unless
and decree: appealed to the Commission within thirty (30) days from the date of promulgation thereof.

Section 1. Professional Regulation Commission. There is hereby created a three-man d) To administer and conduct the licensure examinations of the various Boards according
Commission to be known as the Professional Regulation Commission which shall be to the rules and regulations promulgated by it; determine and fix the places and dates of
attached to the Office of the President for general direction and coordination. examinations; appoint supervisors and room examiners from among the employees of the
Government or private individuals who have been trained by the Commission for that
purpose who shall be entitled to a daily allowance of not less than ten pesos (P10) for
Section 2. Composition. The Commission shall be headed by one full time Commissioner
every examination day actually attended; use the buildings and facilities of public and
and two full time Associate Commissioners, all to be appointed by the President for a term
private schools for examination purposes; and approve the release of examination results;
of nine (9) years without reappointment to start from the time they assume office, except
the first two Associate Commissioners who shall be appointed, one for six (6) years and
the other for three (3) years, and thereafter, any vacancy in the Commission shall be filled e) To keep and maintain a register of authorized practitioners of the profession or
for the unexpired term only with the most senior of the Associate Commissioners occupation; issue certificates of registration or licenses signed by all the members of the
succeeding the Commissioner at the expiration of his term, resignation or removal. No Board concerned and the Commissioner with the official seal of the Board affixed;
person shall be appointed chairman or member of the Commission unless he is at least
forty (40) years of age, familiar with the principles and methods of professional regulation f) To have custody of all the records of the various Boards including their examination
and/or licensing and has at least five (5) years of executive or managerial experience. papers, minutes of deliberation, records of administrative cases and investigations and
examination results;
Section 3. Exercise of powers and functions of the Commission. The Commissioner, who
shall be the Chairman of the Commission, and the Associate Commissioners as members g) To determine, fix and collect the amount to be charged for examination, registration,
thereof shall, as a body, exercise general administrative, executive and policy-making registration without examination, licenses, annual registration fees, certifications,
functions for the whole agency. surcharges and other fees not specified under the provisions of Republic Act No. 6511 or
amend the rates provided thereunder subject to approval by the Office of the President;
h) To appoint, subject to the provisions of existing laws, such as officials and employees of o) To perform such other functions and duties as may be necessary to carry out effectively
the Commission as are necessary in the effective performance of its functions and the various provisions of professional regulatory laws, decrees or orders;
responsibilities, prescribed their duties and fix their compensation; and to organize or
reorganize the structure of the Commission, create or abolish positions, change the Section 6. Powers, functions and responsibilities of various Boards. The various Boards
designations of existing positions to meet changing conditions or as the need therefor shall retain the following powers, functions and responsibilities:
arises; Provided, That such changes shall not affect the employment status of the
incumbents, reduce their ranks and/or salaries nor result separating them from the
a) To look from time to time into the condition affecting the practice of the profession or
services;
occupation under their respective jurisdictions and whenever necessary, adopt such
measures as may be deemed proper for the enhancement of the profession or occupation
i) To submit and recommend to the President of the Philippines nominees for appointment and/or the maintenance of high professional, ethical and technical standards and for this
as members of the various Boards from among those nominated by the bona fide purpose the members of a Board may personally or through subordinate employees of the
professional organizations accredited by the Commission to fill existing or probable Commission conduct ocular inspection or visit industrial, mechanical, electrical or
vacancies; chemical plants or works, hospitals, clinics and other engineering works where registered
practitioners of the profession or occupation are employed or are working for the purpose
j) The Commission may, upon the recommendation of the Board concerned, approve the of determining compliance with the provisions of laws relative to the practice of the
registration of and authorize the issuance of a certificate of registration with or without profession or occupation or as an aid in formulating policies relative thereto in accordance
examination to a foreigner who is registered under the laws of his country: Provided, That with the established policies promulgated by the Commission;
the requirement for the registration or licensing in said foreign state or country are
substantially the same as those required and contemplated by the laws of the Philippines b) To investigate violations of their respective laws and the rules and regulations
and that the laws of such foreign state or country allow the citizens of the Philippines to promulgated thereunder and for this purpose may issue summons, subpoenas and
practice the profession on the same basis and grant the same privileges as the subject or subpoena duces tecum to alleged violators or witnesses thereof and compel their
citizens of such foreign state or country: Provided, finally, That the applicant shall submit attendance to such investigations or hearings;
competent and conclusive documentary evidence, confirmed by the Department of Foreign
Affairs, showing that this country's existing laws permit citizens of the Philippines to
c) To delegate the hearing of investigation of administrative cases filed before them except
practice the profession under the rules and regulations governing citizens thereof. The
in cases where the issue involved strictly concerns the practice of the profession or
Commission is also hereby authorized to prescribe additional requirements or grant
occupation, in which case the hearing shall be presided by at least one member of the
certain privileges to foreigners seeking registration in the Philippines if the same
Board concerned assisted by a legal or hearing officer of the Commission;
privileges are granted to or some additional requirements are required of citizens of the
Philippines in acquiring the same certificates in his country;
d) To promulgate decisions on such administrative cases subject to review by the
Commission. If after thirty (30) days from the receipt of such decision no appeal is taken
k) The Commission shall have general supervision over foreign nationals who are
therefrom to the Commission, the same shall become final and immediately enforceable;
authorized by existing laws or granted special permits to, practice their profession
temporarily in the Philippines to see that the terms and conditions for their employment
are strictly observed and adhered to; e) Subject to review by the Commission to approve registration without examination and
the issuance of the corresponding certificates of registration;
l) to prescribe or revise, in conjunction with the Board concerned and the Secretary of
Education and Culture or his authorized representative, collegiate courses the completion f) After due process, to suspend, revoked or reissue certificates of registration for causes
of or graduation from which shall be a prerequisite for admission into the practice of the provided for by law or by the rules and regulations promulgated therefor;
profession concerned;
g) To determine and prepare the contents of licensure examinations; score and rate the
m) To exercise general supervision over the members of the various Boards; examination papers and submit the results thereof to the Commission within one hundred
twenty (120) days after the last examination day unless extended by the Commission; and,
subject to approval by the Commission determine the appropriate passing general rating if
n) To promulgate such rules and regulations as may be necessary to effectively implement
not provided for in the law regulating the profession.
policies with respect to the regulation and practice of the professions;
Section 7. Names of various Boards. The names of the various Boards shall be changed by
the Commission by deleting the word "Examiners."

Section 8. Transfer of personnel, funds, records, etc. The present office of the Boards of
Examiners, its personnel, funds, records, supplies, equipment, materials, furniture, and
fixture are hereby transferred to the Commission.

Section 9. Repealing clause. The provisions of Republic Act No. 546 are hereby repealed as
well as those of other pertinent laws inconsistent herewith.

Section 10. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 22nd day of June, in the year of Our Lord, nineteen hundred
and seventy-three.
REPUBLIC ACT NO. 8981 of all professions and at all times ensure and safeguard the integrity of all licensure
examinations.
AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION, REPEALING
FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED TWO HUNDRED AND The Chairperson shall act as the presiding and chief executive officer of the Commission.
TWENTY-THREE, ENTITLED "CREATING THE PROFESSIONAL REGULATION COMMISSION As presiding officer, he/she shall preside over the meetings of the Commission sitting as a
AND PRESCRIBING ITS POWERS AND FUNCTIONS," AND FOR OTHER PURPOSES collegial body. As chief executive officer of the Commission, he/she shall be responsible for
the implementation of the policies and the programs adopted by the Commission for the
Be it enacted by the Senate and House of Representatives of the Philippines Congress general administration of the Commission. He/she shall perform such other activities
assembled: which are necessary for the effective exercise of the powers, functions and responsibilities
of the Commission.
Section 1. Title This Act shall be called the "PRC Modernization Act of 2000."
Section 6. Compensation and Other Benefits The Chairperson shall receive compensation
and allowances equivalent to that of a Department Secretary while the Commissioners
Section 2. Statement of Policy The State recognizes the important role of professionals in
shall receive compensation and allowances equivalent to that of an Undersecretary. The
nation-building and, towards this end, promotes the sustained development of a reservoir
Chairperson and the members of the Commission shall be entitled to retirement benefits
of professionals whose competence has been determined by honest and credible licensure
provided under Republic Act Numbered Fifteen Hundred and Sixty Eight, as amended by
examinations and whose standards of professional service and practice are internationally
Republic Act Numbered Three Thousand Five Hundred and Ninety Five.
recognized and considered world-class brought about the regulatory measures, programs
and activities that foster professional growth and advancement.
Section 7. Powers, Functions and Responsibilities of the Commission The powers, functions,
and responsibilities of the Commission are as follows:
Section 3. Professional Regulation Commission There is hereby created a three-man
commission to be known as the Professional Regulation Commission, hereinafter referred
to as the Commission, which shall be attached to the office of the President for general (a) To administer, implement and enforce the regulatory policies of the national
direction and coordination. government with respect to the regulation and licensing of the various professions and
occupations under its jurisdiction including the enhancement and maintenance of
professional and occupational standards and ethics and the enforcement of the rules and
Section 4. Composition The Commission shall be headed by one (1) full-time Chairperson
regulations relative thereto:
and two (2) full-time Commissioners, all to be appointed by the President for a term of
seven (7) years without reappointment to start from the time they assume office.
Appointments to a vacancy that occurs before the expiration of the term of a (b) To perform any and all acts, enter into contracts, make such rules and regulations and
Commissioner shall cover only the unexpired term of the immediate predecessor. At the issue such orders and other administrative issuance as may be necessary in the execution
expiration of the Chairperson, the most senior of the Commissioners shall temporarily and implementation of its functions and the improvement of its services;
assume and perform the duties and functions of the Chairperson until a permanent
Chairperson is appointed by the President. (c) To review, revise, and approve resolutions, embodying policies promulgated by the
Professional Regulatory Boards in the exercise of their powers and functions or in
The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid implementing the laws regulating their respective professions and other official actions on
certificate of registration/professional license and a valid professional identification card non-ministerial matters within their respective jurisdictions;
or a valid certificate of competency issued by the Commission or a valid professional
license issued by any government agency, familiar with the principles and methods of (d) To administer and conduct the licensure examinations of the various regulatory boards
professional regulation and/or licensing and has had at least five (5) years of executive or in accordance with the rules and regulations promulgated by the Commission; determine
management experience: Provided, That, one (1) of the Commissioners must be a past and fix the places and dates of examinations; use publicly or privately owned buildings and
Chairperson/member of a Professional Regulatory Board. facilities for examination purposes; conduct more than one (1) licensure
examination: Provided, That, when there are two (2) or more examinations given in a year,
Section 5. Exercise of Powers and Functions of the Commission The Chairperson of the at least one (1) examinations shall be held on weekdays (Monday to Friday): Provided,
Commission, and the Commissioners as members thereof shall sit and act as a body to further, That, if only one (1) examination is given in a year, this shall be held only on
exercise general administrative, executive and policy-making functions of the Commission. weekdays: Provided, finally, That, the Commission is also authorized to require the
The Commission shall establish and maintain a high standard of admission to the practice completion of a refresher course where the examinee has failed to pass three (3) times,
except as otherwise provided by law; approve the results of examinations and the release responsibilities; prescribe their duties and fix their compensation subject to the provisions
of the same; adopt measures to preserve the integrity and inviolability of licensure of Republic Act Numbered Six Thousand Seven Hundred and Fifty Eight and allowances
examinations; appoint supervisors and room watchers from among the employees of the including other fringe benefits; and to assign and/or reassign personnel as the exigency of
government and/or private individuals with baccalaureate degrees, who have been the service requires subject to the Civil Service laws, rules and regulations; and to organize
trained by the Commission for the purpose and who shall be entitled to a reasonable daily or reorganize the structure of the Commission; and create or abolish positions or change
allowance for every examination day actually attended, to be determined and fixed by the the designation of existing positions in accordance with a staffing pattern prepared by it
Commission; publish the list of successful examinees; provide schools, colleges and and approved by the Office of the President upon the recommendation of the Department
universities, public and private, offering courses for licensure examinations, with copies of of Budget and Management (DBM) to meet the changing conditions or as the need
sample test questions on examinations recently conducted by the Commission and copies arises: Provided, That, such changes shall not affect the employment status of the
of the syllabi or terms of specifications of subjects for licensure examinations; and impose incumbents, reduce their ranks and/or salaries nor shall result in their separation from
the penalty of suspension or prohibition from taking licensure examinations to any the service;
examinee charged and found guilty of violating the rules and regulations governing the
conduct of licensure examinations promulgated by the Commission; (i) To submit and recommend to the President of the Philippines the names of
licensed/registered professionals for appointment as members of the various Professional
(e) To admit the successful examinees to the practice of the profession or occupation; Regulatory Boards from among those nominated to fill up vacancies pursuant to the
cause the entry of their names on its registry book and computerized database; issue provisions of Executive Order No. 496, Series of 1991;
certificates of registration/professional license, bearing the registrants name, picture, and
registration number, signed by all the members of the Board concerned and the (j) Upon recommendation of the Professional Regulatory Board concerned, to approve the
Chairperson, with the official seal of the Board and the Commission affixed thereto which registration of and authorize the issuance of a certificate of registration/license and
certificate shall be the authority to practice; and at the option of the professional professional identification card with or without examination to a foreigner who is
concerned, ministerially issue the professional identification card, to be used solely for the registered under the laws of his state or country and whose certificate of registration
purpose of identification, upon payment of the appropriate amount: Provided, That, marine issued therein has not been suspended or revoked: Provided, That, the requirements for
deck and marine engineer officers shall also be issued endorsement certificates exclusively the registration or licensing in said foreign state or country are substantially the same as
by the Commission pursuant to the 1978 and 1995 Standards of Training, Certification and those required and contemplated by the laws of the Philippines and that the laws of such
Watch-keeping (STCW) Convention, to the exclusion of any other government agency, foreign state or country allow the citizens of the Philippines to practice the profession on
Section 1(2) of Executive Order No. 149, Series of 1999 and provisions of other existing the same basis and grant the same privileges as those enjoyed by the subjects or citizens of
laws, executive orders, administrative issuance/regulations to the contrary such foreign state or country: Provided, further, That, the Commission may, upon
notwithstanding: Provided, further, That, once a certificate of registration/professional recommendation of the Board concerned, authorize the issuance of a certificate of
license, or certificate of competency, in the case of marine deck and engine officers are registration/license or a special temporary permit to foreign professionals who desire to
issued, this cannot be withdrawn, cancelled, revoked, or suspended except for just cause as practice their professions in the country under reciprocity and other international
may be provided by law after due notice and hearing; agreements; consultants in foreign-funded, joint venture or foreign-assisted projects of the
government, employees of Philippine or foreign private firms or institutions pursuant to
(f) To have custody of all the records of the various Boards, including examination papers, law, or health professionals engaged in humanitarian mission for a limited period of
minutes of deliberation, records of administrative cases and investigations and time: Provided, finally, That agencies, organizations or individuals whether public or
examination results for control and disposition; private, who secure he services of a foreign professional authorized by law to practice in
the Philippines for reasons aforementioned, shall be responsible for securing a special
(g) To determine and fix the amount of fees to be charged and collected for examination, permit from the Professional Regulation Commission (PRC) and the Department of Labor
registration, registration without examination, professional identification card, and Employment (DOLE), pursuant to PRC and DOLE rules:
certification, docket, appeal, replacement, accreditation, including surcharges and other
fees not specified under the provisions of Republic Act Numbered Four Hundred Sixty Five (k) To authorize any officer of the Commission to administer oaths:
as amended by Republic Act Numbered Sixty Five Hundred and Eleven or to charge and
collect reasonable fees at the rates higher than the rates provided thereunder subject to (l) To supervise foreign nations who are authorized by existing laws to practice their
the approval by the Office of the President. professions either as holders of a certificate of registration and a professional
identification card or a temporary special permit in the Philippines; to ensue that the
(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and terms and conditions for their practice or of their employment are strictly complied with;
employees of the Commission necessary for the effective performance of its functions and to require the hiring or employing government agency or private entity/institution to
secure a temporary special permit from the concerned Board subject to approval by the (t) To issue summons, subpoena and subpoena duces tecum in connection with the
Commission and to file a criminal complaint against the head of the government agency or investigation of cases against officials and employees of the Commission and the members
officers of the said private entity/institution, who shall be liable under the penalty of the Professional Regulatory Boards;
provided for in the concerned professional regulatory law or the penalty imposed
pursuant to this Act, when the professional was hired and allowed to practice his/her (u) To hold in contempt in erring party or person only upon application with a court of
profession without permit; to file upon due process request for deportation with the competent jurisdiction;
Bureau of Immigration and Deportation (BID); and to supervise professionals who were
former citizens of the Philippines and who had been registered and issued a certificate of
(v) To call upon or request any department, instrumentality, office, bureau, institution or
registration and a professional identification card prior to their naturalization as foreign
agency of the government including local government units to render such assistance as it
citizens, who may, while in the country on a visit, sojourn or permanent residence, practice
may require, or to coordinate or cooperate in order to carry out, enforce or implement the
their profession: Provided, That, prior to the practice of their profession they shall have
professional regulatory policies of the government or any program or activity it may
first been issued a special permit and updated professional identification card by the
undertake pursuant to the provisions of this Act;
Board concerned subject to approval by the Commission and upon payment of the permit
and annual registration fees;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party, of any
person, whether a private individual or professional, local or foreign, who practices the
(m) To monitor the performance of schools in licensure examinations and publish the
regulated profession or occupation without being authorized by law, or without being
results thereof in a newspaper of national circulation;
registered with and licensed by the concerned regulatory board and issued the
corresponding license/professional identification card or temporary or special permit, or
(n) To adopt and institute a comprehensive rating system for universities, colleges, and who commits any of the prohibited acts provided in the regulatory laws of the various
training institutes based on the passing ratio and overall performance of students in board professions, which acts are criminal in nature, and if the evidence so warrants, to forward
examinations; the records of the case to the office of the city or provincial prosecutor for the filing of the
corresponding information in court by the lawyers of the legal services of the Commission
(o) To exercise administrative supervision over the various professional regulatory boards who may prosecute said case/s upon being deputized by the Secretary of Justice;
and its members;
(x) To prepare an annual report of accomplishments on the programs, projects and
(p) To adopt and promulgate such rules and regulations as may be necessary to effectively activities of the Commission during the year for submission to Congress after the close of
implement policies with respect to the regulation and practice of the professions; its calendar year and make appropriate recommendations on issues and/or problems
affecting the Commission, the Professional Regulatory Board, and the various professions
(q) To implement the program for the full computerization of all licensure examinations under its jurisdiction; and
given by the various professional regulatory boards including the registration of
professionals not later than the year 2003 and other operations of the Commission; (y) To perform such other functions and duties as may be necessary to carry out the
provisions of this Act, the various professional regulatory laws, decrees, executive orders
(r) To investigate and decide administrative matters involving officers and employees and other administrative issuance.
under the jurisdiction of the Commission;
Section 8. Regional Offices The Commission is hereby authorized to create regional offices
(s) To investigate motu proprio or upon the filing of a verified complaint, any member of as may be necessary to carry out their functions mandated under this Act.
the Professional Regulatory Boards for neglect of duty, incompetence, unprofessional,
unethical, immoral or dishonorable conduct, commission of irregularities in the licensure Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory
examinations which taint or impugn the integrity and authenticity of the results of the said Boards The various, professional regulatory boards shall retain the following powers,
examinations and, if found guilty, to revoke or suspend their certificates of registration and functions and responsibilities:
professional licenses/identification cards and to recommend to the President of the
Philippines their suspension or removal from office as the case may be; (a) To regulate the practice of the professions in accordance with the provisions of their
respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession or occupation under Commission for justifiable cause/s; and subject to the approval by the Commission,
their respective jurisdictions and whenever necessary, adopt such measures as may be determine the appropriate passing general average rating in an examination if not
deemed proper for the enhancement of the profession or occupation and/or the provided for in the law regulating the profession; and
maintenance of high professional, ethical and technical standards, and for this purpose the
members of the Board duly authorized by the Commission with deputized employees of (i) To prepare an annual report of accomplishments on programs, projects and activities of
the Commission, may conduct ocular inspection in industrial, mechanical, electrical or the Board during the year for submission to the Commission after the close of each
chemical plants or establishments, hospitals, clinics, laboratories, testing facilities, mines calendar year and make appropriate recommendations on issues or problems affecting the
and quarries, other engineering facilities and in the case of schools, in coordination with profession to the Commission.
the Commission on Higher Education (CHED);
Section 10. Compensation of the Members of the Professional Regulatory Boards The
(c) To hear and investigate cases arising from violations of their respective laws, the rules members of the Professional Regulatory Boards shall receive compensation equivalent to,
and regulations promulgated thereunder and their Codes of Ethics and, for this purpose, at least, two salary grades lower than the salary grade of the Commissioners: Provided,
may issue summons, subpoena and subpoena duces tecum to alleged violators and/or That the Chairperson of the Regulatory Board shall receive a monthly compensation of two
witnesses to compel their attendance in such investigations or hearings: Provided, That, steps higher than the members of the Board, and: Provided, further, That they shall be
the decision of the Professional Regulatory Board shall, unless appealed to the Commission, entitled to other allowances and benefits provided under existing laws.
become final and executory after fifteen (15) days from receipt of notice of judgment or
decision;
Section 11. Person to Teach Subjects for Licensure Examination on all Professions All
subjects for licensure examinations shall be taught by persons who are holders of valid
(d) To delegate the hearing or investigation of administrative cases filed before them certificates of registration and valid professional licenses of the profession and who
except in cases where the issue or question involved strictly concerns the practice of the comply with the other requirements of the CHED.
profession or occupation, in which case, the hearing shall be presided over by at least one
(1) member of the Board concerned assisted by a Legal or Hearing Officer of the
Section 12. Assistance of Law Enforcement Agency Any law enforcement agency shall,
Commission;
upon call or request of the Commission or of any Professional Regulatory Board, render
assistance in enforcing the regulatory law of the profession including the rules and
(e) To conduct, through the Legal Officers of the Commission, summary proceedings on regulations promulgated thereunder by prosecuting the violators thereof in accordance
minor violations of their respective regulatory laws, violations of the rules and regulations with law and the rules of court.
issued by the boards to implement their respective laws, including violations of the
general instructions to examinees committed by examinees, and render summary
Section 13. Appropriations The amount necessary to carry out the initial implementation
judgment thereon which shall, unless appealed to the Commission, become final and
of this Act shall be charged against the current years appropriations of the Professional
executory after fifteen (15) days from receipt of notice of judgment or decision;
Regulation Commission. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.
(f) Subject to final approval by the Commission, to recommend registration without
examination and the issuance of corresponding certificate of registration and professional
Section 14. Authority to Use Income In addition to the annual appropriations of the
identification card;
Commission provided under the Annual General Appropriations Act, the Commission is
hereby authorized to use its income not exceeding the amount of Forty-five million pesos
(g) After due process, to suspend, revoke or reissue, reinstate certificate of registration or (P45,000,000.00) a year for a period of five (5) years after the effectivity of this Act to
licenses for causes provided by law; implement the program for full computerization of the operations of the Commission,
subject to the usual accounting and auditing requirements.
(h) To prepare, adopt and issue the syllabi or tables of specifications of the subjects for
examinations in consultation with the academe; determine and prepare the questions for Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of
the licensure examinations which shall strictly be within the scope of the syllabus or table Professional Examinations
of specifications of the subject for examination; score and rate the examination papers
with the name and signature of the Board member concerned appearing thereon and
(a) Any person who manipulates or rigs licensure examination results, secretly informs or
submit the results in all subjects duly signed by the members of the Board to the
makes known licensure examination questions prior to the conduct of the examination or
Commission within ten (10) days from the last day of examination unless extended by the
tampers with the grades in professional licensure examinations shall, upon conviction, be
punished by imprisonment of not less than six (6) years and one (1) day to not more than 266, Series of 1995 are hereby repealed. Section 23 (h) of Republic Act No. 7836, Section 4
twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) to not more (m & s). Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050,
than One hundred thousand pesos (P100,000.00) or both such imprisonment and fine at insofar as it requires completion of the requirements of the Continuing Professional
the discretion of the court. Education (CPE) as a condition for the renewal of the license are hereby repealed. All other
laws, orders, rules and regulations or resolutions and all part/s thereof inconsistent with
(b) In case the offender is an officer or employee of the Commission or a member of the the provisions of this Act are hereby repealed or amended accordingly.
regulatory board, he/she shall be removed from office and shall suffer the penalty of
perpetual absolute disqualification from public office to addition to the penalties Section 21. Effectivity This Act shall take effect after fifteen (15) days following its
prescribed in the preceding section of this Act; publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever is earlier.
(c) The penalty of imprisonment ranging from four (4) years and one (1) day to six (6)
years or a fine ranging from Twenty thousand pesos (P20,000.00) to not more than Approved: December 05, 2000
Forty-nine thousand pesos (P49,000.00), or both imprisonment and fine at the discretion
of the court, shall be imposed upon the accomplices. The penalty of imprisonment ranging
from two (2) years and one (1) day to four (4) years or a fine ranging from Five thousand
pesos (P5,000.00) to not more than Nineteen thousand pesos (P19,000.00), or both
imprisonment and fine at the discretion of the court, shall be imposed upon the
accessories.

Section 16. Penalties for Violation of Section 7 Subparagraph (1) by Heads of Government
Agencies or Officers of Private Entities/Institutions Any head of a government agency or
officer(s) of a private firm/institution who violates Section 7 subpar. (1) of this Act shall
be punished by imprisonment of not less than six (6) months and one (1) day to not more
than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not more
than Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.

Section 17. Implementing Rules and Regulations Within ninety (90) days after the
approval of this Act, the Professional Regulation Commission, together with
representatives of the various Professional Regulatory Boards and accredited professional
organizations, the DBM, and the CHED shall prepare and promulgate the necessary rules
and regulations needed to implement the provisions of this Act.

Section 18. Transitory Provisions The incumbent Commissioner and two (2) incumbent
Associate Commissioners shall serve as Chairperson and Commissioners respectively
under the terms for which they have been appointed without need of new appointments.
The incumbent Executive Director shall likewise serve as Assistant Commissioner without
need of new appointment.

Section 19. Separability Clause If any provision of this Act or the application of such
provision to any person or circumstances is declared invalid or unconstitutional, the
remainder of this Act or application of such provisions to other persons or circumstance
shall not be affected by such declaration.

Section 20. Repealing Clause Republic Act. No. 546, Presidential Decree No. 223, as
amended by Presidential Decree No. 657, Republic Act No. 5181, and Executive Order No.
REPUBLIC ACT NO. 8423 control and marketing of different traditional and alternative health care materials, natural
and organic products, for approval and adoption by the appropriate government agencies;
(e) To formulate policies for the protection of indigenous and natural health resources and
AN ACT CREATING THE PHILIPPINE INSTITUTE OF TRADITIONAL AND ALTERNATIVE technology from unwarranted exploitation, for approval and adoption by the appropriate
HEALTH CARE (PITAHC) TO ACCELERATE THE DEVELOPMENT OF TRADITIONAL AND government agencies;
ALTERNATIVE HEALTH CARE IN THE PHILIPPINES, PROVIDING FOR A TRADITIONAL (f) To formulate policies to strengthen the role of traditional and alternative health care
AND ALTERNATIVE HEALTH CARE DEVELOPMENT FUND AND FOR OTHER PURPOSES delivery system; and
(g) To promote traditional and alternative health care in international and national
Be it enacted by the Senate and the House of Representatives of the Philippines in conventions, seminars and meetings in coordination with the Department of Tourism,
Congress assembled: Duty Free Philippines, Incorporated, Philippine Convention and Visitors Corporation and
other tourism-related agencies as well as non-government organizations and local
government units.
SECTION 1
Short Title
This Act shall be known as the "Traditional and Alternative Medicine Act (TAMA) of
1997." ARTICLE II
DEFINITION OF TERMS
ARTICLE I
GUIDING PRINCIPLES SECTION 4
Definition of Terms
SECTION 2
Declaration of Policy As used in this Act, the following terms shall mean:

(a) "Traditional and alternative health care" - the sum total of knowledge, skills and
It is hereby declared the policy of the State to improve the quality and delivery of health
practices on health care, other than those embodied in biomedicine, used in the prevention,
care services to the Filipino people through the development of traditional and alternative
diagnosis and elimination of physical or mental disorder.
health care and its integration into the national health care delivery system.
(b) "Traditional medicine" - the sum total of knowledge, skills, and practice on health care,
It shall also be the policy of the State to seek a legally workable basis by which indigenous not necessarily explicable in the context of modern, scientific philosophical framework, but
societies would own their knowledge of traditional medicine. When such knowledge is recognized by the people to help maintain and improve their health towards the
used by outsiders, the indigenous societies can require the permitted users to wholeness of their being, the community and society, and their interrelations based on
acknowledge its source and can demand a share of any financial return that may come culture, history, heritage, and consciousness.
from its authorized commercial use.
(c) "Biomedicine" - that discipline of medical care advocating therapy with remedies that
SECTION 3 produce effects differing from those of the diseases treated. It is also called
Objectives "allopathy","western medicine", "orthodox medicine", or "cosmopolitan medicine."

The objectives of this Act are as follows: (d) "Alternative health care modalities" - other forms of non-allopathic, occasionally
(a) To encourage scientific research on and develop traditional and alternative health care non-indigenous or imported healing methods, though not necessarily practiced for
systems that have direct impact on public health care; centuries nor handed down from one generation to another. Some alternative health care
(b) To promote and advocate the use of traditional, alternative, preventive and curative modalities include reflexology, acupressure, chiropractic, nutritional therapy, and other
health care modalities that have been proven safe, effective, cost effective and consistent similar methods.
with government standards on medical practice;
(c) To develop and coordinate skills training courses for various forms of traditional and (e) "Herbal medicines" - finished, labeled, medicinal products that contain as active
alternative health care modalities; ingredient/s serial or underground part/s of plant or other materials or combination
(d) To formulate standards, guidelines and codes of ethical practice appropriate for the thereof, whether in the crude state or as plant preparations.
practice of traditional and alternative health care as well as in the manufacture, quality Plant material includes juices, gums, fatty oils, essential oils, and other substances of this
nature. Herbal medicines, however, may contain excipients in addition to the active (a) To plan and carry out research and development activities in the areas of traditional
ingredient(s). Medicines containing plant material(s) combined with chemically-defined and alternative health care and its ultimate integration into the national health care
active substances, including chemically-defined, isolated constituents of plants, are not delivery system;
considered to be herbal medicines.
(b) To verify, package and transfer economically viable technologies in the field of
(f) "Natural product" - those foods that grow spontaneously in nature whether or not they traditional and alternative health care, giving emphasis on the social engineering aspects
are tended by man. It also refers to foods that have been prepared from grains, vegetables, necessary for group endeavor;
fruits, nuts, meats, fish, eggs, honey, raw milk, and the like, without the use or addition of
additives, preservatives, artificial colors and flavors, or manufactured chemicals of any (c) To provide the data base or policy formulation that will stimulate and sustain
sort after harvest or slaughter. production, marketing and consumption of traditional and alternative health care
products;
(g) "Manufacture" - any and all operations involved in the production, including
preparation, propagation, processing, formulating, filling, packing, repacking,altering, (d) To organize and develop continuing training programs for physicians, nurses,
ornamenting, finishing, or otherwise changing the container, wrapper, or labeling of a pharmacists, physical therapists, and other professional health workers and students, as
consumer product in the furtherance of the distribution of the same from the original place well as scientists, research managers and extension workers in the field of traditional and
of manufacture to the person who makes the final delivery or sale to the ultimate alternative health care;
consumer.
(e) To formulate policies that would create public awareness through educationaI
(h) "Traditional healers" - the relatively old, highly respected people with a profound activities, conventions, seminars, conferences, and the like by focusing on the promotion of
knowledge of traditional remedies. healthy living for preventing diseases, thereby uplifting the health care industry;

(i) "Intellectual property rights" - is the legal basis by which the indigenous communities (f) To acquire or obtain from any governmental authority whether national or local,
exercise their rights to have access to, protect, control over their cultural knowledge and foreign or domestic, or from any person, corporation, partnership, association or other
product, including, but not limited to, traditional medicines, and includes the right to entity, such charters, franchises, licenses,rights, privileges, assistance, financial or
receive compensation for it. otherwise, and concessions as are conducive to and necessary or proper for the attainment
of its purposes and objectives;

ARTICLE III (g) To receive and acquire from any person and/or government and private entities,
THE PHILIPPINE INSTITUTE OF TRADITIONAL AND ALTERNATIVE HEALTH CARE whether foreign or domestic, grants, donations and contributions consisting of such
properties, real or personal, including funds and valuable effects or things, as may be
SECTION 5 useful, necessary or proper to carry out its purposes and objectives and administer the
Philippine Institute of Traditional and Alternative Health Care same in accordance with the terms of such grants, donations and contributions, consistent
with its purposes and objectives;
There is hereby established a body corporate to be known as the Philippine Institute of
Traditional and Alternative Health Care, hereinafter referred to as the Institute. The
(h) To serve as the coordinating center of a national network of traditional and alternative
Institute shall be attached to the Department of Health. Its principal flag office shall be in
health care stations located in the different regions of the country;
Metro Manila, but it may establish other branches or offices elsewhere in the Philippines
as may be necessary or proper for the accomplishment of its purposes and objectives.
(i) To formulate a code of ethics and standards for the practice of traditional and
alternative health care modalities for approval and adoption by the appropriate
SECTION 6
professional and government agencies;
Powers and Functions

(j) To formulate standards and guidelines for the manufacture, marketing and quality
In furtherance of its purposes and objectives, the Institute shall have the following powers
control of different traditional and alternative health care materials and products for
and functions:
approval and adoption by the Bureau of Food and Drugs;
(k) To coordinate with other institutions and agencies involved in the research on herbal Representatives of the following industries/sectors:
medicines; One (1) physician who is engaged in the practice of traditional and alternative health
care;
(1) To adopt and use a corporate seal; One (1) member from a duly recognized academe/research institution engaged in
traditional and alternative health care research;
One (1) traditional and alternative health care practitioner who is not a physician;
(m) To sue and be sued in its corporate name;
One (1) biomedical/allopathic western medical practitioner preferably from the
Philippine Medical Association;
(n) To succeed by its corporate name; One (1) member from the natural food industry and/or organic food industry; and
One (1) member from an environmental sector organization,
(o) To adopt its bylaws and promulgate such rules and regulations as may be necessary or The six (6) members representing the above mentioned sectors/industries shall be
proper to implement this Act, and to amend or repeal the same from time to time; appointed by the President of the Philippines upon recommendation of the Secretary of
Health.
(p) To enter into, make and execute contracts and agreements of any kind or nature;
Of the appointive members, two (2) members shall have a term of three (3) years; the
(q) To borrow, raise or obtain funds, or to enter into any financial or credit arrangement in second two (2) members shall have a term of three (3) years; and, the third two (2)
order to support or carry out its research programs, finance its capital and operating members shall each have a term of one (1) year.
expenses, subject to pertinent laws governing public debts and expenditure;
Any member appointed to a vacancy shall serve only for the unexpired term of the
(r) To invest in, purchase or otherwise acquire, own, hold, use, mortgage, pledge, member whom he/she succeeded.
encumber, sell, assign, convey, exchange, or otherwise deal in real and/or personal
properties of whatever kind and nature, or any interest therein, including shares of stock, (b) Meetings and quorum. The Board shall meet regularly at least once a month or as often
bonds, notes, securities and other evidences of indebtedness of natural or juridical persons, as the exigencies of the service demand. The presence of at least six (6) members shall
whether domestic or foreign and whether government or private; constitute a quorum, and the majority vote of the members present, there being a quorum,
shall be necessary for the adoption of any resolution, decision, or any other act of the
(s) To exercise all the powers of a corporation under the General Corporation Law, insofar Board.
as such powers are not in violation of the provisions of this Act; and
(c) Allowances and per diems. The members of the Board shall receive a per them for
(t) To exercise such other powers and functions, and perform other acts as may be every meeting actually attended subject to the pertinent budgetary laws, rules and
necessary, proper or incidental to the attainment of its purposes and objectives. regulations on compensation, honoraria and allowances

SECTION 7 SECTION 8
Board of Trustees Powers and Functions of the Board

The corporate powers of the Institute shall be exercised, and all its business, activities and The Board shall exercise the following powers and functions:
properties shall be controlled by a Board of Trustees, hereinafter referred to as the Board.
(a) To define and approve the programs, plans, policies, procedures and guidelines for the
(a) Composition: The Board shall be composed of the following: Institute in accordance with its purposes and objectives, and to control the management,
Secretary of Health - ex-officio chairman operation and administration of the Institute;
Permanent representatives of the following government offices:
Department of Science and Technology; (b) To approve the Institute's organizational structure, staffing pattern, operating and
Department of Environment and Natural Resources; capital expenditure, and financial budgets prepared in accordance with the corporate plan
Department of Agriculture; of the Institute;
Department of Education, Culture and Sports; and
Commission on Higher Education.
(c) To approve salary ranges, benefits and privileges, bonuses and other terms and (b) To execute contracts, including the deeds that may incur obligations, acquire and
conditions of service for all officers and employees of the Institute, upon recommendation dispose of assets and deliver documents on behalf of the Institute, within the
of the Director General and consistent with the salary standardization and other laws; limits of authority delegated to him by the Board;

(d) To appoint, transfer, promote, suspend, remove or otherwise discipline any (c) To implement and enforce policies, decisions, orders, rules and regulations adopted by
subordinate officer or employee of the Institute, upon recommendation of the Director the Board;
General;
(d) To submit to the Board an annual report of the Institute;
(e) To create such committee or committees and appoint the members thereof, as may be
necessary or proper for the management of the Institute or the attainment of its purposes (e) To submit to the Board an annual budget and such supplemental budget as may be
and objectives; necessary for its
consideration and approval; and
(f) To determine the research priorities of the Institute consistent with the framework of
its purposes and objectives and in coordination with other government (f) To exercise such other powers and functions and perform such other duties as may be
agencies; and authorized by the Board.

(g) To exercise such other powers and functions and perform such other acts as may be SECTION 11
necessary or proper for the attainment of the purposes and objectives of the Institute, or Government Agency Support and Coordination
as may be delegated by the Secretary of Health.
The Institute may, for the purpose of its research and development activities, obtain and
SECTION 9 secure the services of scholars, scientists and technical personnel of any unit of the
Director General and Other Officers Department of Health and other agencies of the Philippine Government. Such personnel
may be paid honoraria as may be fixed and authorized by the Board following the usual
The Institute shall be headed by a Director General who shall be appointed by the government rules and regulations governing honoraria and allowances. The Institute shall
President of the Philippines upon recommendation of the Secretary of Health. The also assist, cooperate and coordinate with other government agencies, such as the Bureau
Director General shall have a term of six (6) years. of Food and Drugs of the Department of Health and the Philippine Council for Health
Research and Development of the Department of Science and Technology for the
The Director General shall be assisted by such Deputy Director General(s) and program implementation of the purposes and objectives of this Act.
managers/coordinators as the Board may determine to carry out the purposes and
objectives of this Act.
ARTICLE IV
PROMOTION OF TRADITIONAL AND ALTERNATIVE HEALTH CARE

SECTION 10
Powers, Functions and Duties of the Director General SECTION 12.
Traditional and Alternative Health Care Advocacy and Research Program
The Director General shall have the following powers, functions and duties:
The Institute shall promulgate a nationwide campaign to boost support for the realization
of the objectives of this Act. It shall encourage the participation of non government
(a) To exercise overall supervision and direction over the implementation of all research organizations in traditional and alternative health care and health-related projects. The
and development programs of the Institute, and to supervise and direct the Institute shall also formulate and implement a research program on the indigenous
management, operation and administration of the Institute; Philippine traditional health care practices performed by "traditional healers" using
scientific research methodologies.

SECTION 13
Standards for the Manufacture, Marketing and Quality Control of Traditional Medicine For the year, during which this Act was approved, the unexpended portion of the budget of
the offices, agencies and units merged shall be utilized for establishing the Institute and
The Institute, in collaboration with the Bureau of Food and Drugs, shall formulate initiating its operations, including the formulation of the rules and regulations necessary
standards and guidelines for the manufacture, quality control and marketing of different for the implementation of this Act.
traditional and alternative health care materials and products.
Incumbent officials and employees of the affected offices shall continue to exercise their
SECTION 14 respective functions, duties and responsibilities with the corresponding benefits and
Incentives for the Manufacturers of Traditional and Alternative Health Care Products privileges. To the greatest extent possible and in accordance with existing laws, all
employees of the affected offices, agencies and units shall be absorbed by the Institute.
Manufacturers of traditional and alternative health care products like herbal medicinal
plants shall enjoy such exemptions, deductions and other tax incentives as may be
provided for under the Omnibus Investment Code, as amended.
ARTICLE VI
MISCELLANEOUS PROVISIONS
SECTION 15
Traditional and Alternative Health Care Development Fund
SECTION 18
To implement the provisions of this Act, there is hereby created a Traditional and Oversight Function
Alternative Health Care Development Fund which shall be used exclusively for the
programs and projects of the Institute, in the amount of Fifty million pesos The Institute shall submit to Congress an annual accomplishment report which shall
(P50,000,000,00) for the first year, Seventy-five million pesos (P75,000,000.00) for the include the status of its priority researches and operation. In the exercise of its oversight
second year, and One hundred million pesos (P100,000,000.00) for the third year from the functions, Congress may inquire into the programs of the Institute.
earnings of Duty Free Philippines: Provided, That not more than fifteen percent (15%) of
said fund shall be used for administrative costs of the Institute. SECTION 19
Implementing Rules and Regulations
Thereafter, such amount as may be necessary to fund the continued implementation of this
Within thirty (30) days from the completion of their appointments, the Board shall
Act shall be included in the annual General Appropriations Act.
convene and, in collaboration with the Department of Health - Traditional Medicine Unit,
formulate the rules and regulations necessary for the implementation of this Act. Said
rules and regulations shall be issued within one hundred eighty (180) days from the date
ARTICLE V of the Board's initial meeting and shall take effect upon publication in a newspaper of
TRANSITORY PROVISIONS general circulation.

SECTION 20
SECTION 16 Repealing Clause.
Appointment of Board Members.
All laws, decrees, executive orders, and other laws including their implementing rules and
Within thirty (30) days from the date of effectivity of this Act, the President of the regulations inconsistent with the provisions of this Act are hereby amended, repealed or
Philippines shall appoint the members of the Board as well as the Director General and modified accordingly.
Deputy Director General(s).
SECTION 21
SECTION 17 Separability Clause
Transfer of Functions of the Traditional Medicine Unit
If any provision of this Act is declared unconstitutional or invalid, other provisions thereof
which are not affected thereby shall continue in full force and effect.
Upon the establishment of the Institute, the functions, personnel and assets of the
Traditional Medicine Unit and all the pharmaceutical and herbal processing plants of the
SECTION 22
Department of Health shall be transferred to the Institute without need of conveyance,
Effectivity
transfer of assignment.
This Act shall take effect fifteen (15) days following its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

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