1.

What is the difference between a license to practice medicine, a certification of training, and
accreditation of specialty organization and accreditation to practice in a hospital. What are their sources
of power and what carries administrative and penal sanction.

A license to practice medicine is the legal permit to practice medicine granted by an institution as
provided by law. In order to practice medicine, one must satisfy all the requirements provided in the
Medical Act of 1959 (RA 2382), which are the following, to be “at least twenty-one years of age, has
satisfactorily passed the corresponding Board Examination, and is a holder of a valid Certificate of
Registration duly issued to him by the Board of Medical Examiners.” Since its source of power is a law
(Medical Act), it carries penal sanction, meaning one can be imprisoned or fined or both for illegal practice
of medicine.

A certification of training is an acknowledgement by a medical specialty board of successful completion of

requirements for recognition as a specialist. A certification is given by a specialty board upon completion
of residency and passing the specialty board exam. For example, a certification as a surgeon is given by
the Philippine Society of General Surgeons. Its source of power is the certification given by a specialty
board and therefore only carries an administrative sanction.

Accreditation is a process that a health care institution, provider or program undergoes to demonstrate
compliance with standards developed by an agency. One of the powers and functions of PhilHealth is “to
determine requirements and issue guidelines for the accreditation of health care providers for the
Program” as provided in the National Health Insurance Act of 1995 (RA 7875). The Implementing Rules
and Regulations (IRR) of the said law provides the requirements for accreditation made by PhilHealth for
health care providers which includes the accreditation of specialty organization and accreditation to
practice in a hospital. This is as provided by Title V Quality Assurance and Accreditation in the IRR of RA
7875. Its sources of power are both law (RA 7875) and administrative order (IRR of RA 7875). Hence, it
carries both administrative and penal sanctions.

2. A general practitioner operated without a certification from philippine boards of surgery, and
accreditation from a hospital. Can he operate in that hospital? Can he operate if he decides to do it in his
private clinic? Explain.

No, he cannot operate in that hospital because he operated without accreditation from that hospital. This
means that the hospital did not permit him to operate as a general practitioner.

Yes, he can operate if he decides to do it in his private clinic. In a way, he “accredits” or permits himself
do it. However, since he operated without a certification from the Philippine Boards of Surgery, if he
deviated from the standards (of surgical procedure) of the said board, he may be liable for medical
negligence.

Legal Medicine Tid Bits

A frequently asked question is whether a Registered Nurse, a duly certified IV Therapist and a certified
Aesthetician, may validly administer an IV medication for aesthetic or wellness purposes without an order
from a doctor, and without criminal liabilities such as Illegal Practice of Medicine and Medical Negligence?

The practice of law is governed by Rule 138 of the Rules of Court. Pursuant to the provisions of Section
5(5) of Article VIII of the Constitution, the Supreme Court shall have the power to promulgate rules
concerning the admission to the practice of law. Only the Supreme Court could provide the rules for the
practice of law.

On the other hand, the practice of medicine emanates from the Medical Act of 1959 (RA 2382). Since its
source of power is a law, the practice of medicine is susceptible for congress modification, pursuant to its
legislative power as granted by the Constitution.
REPUBLIC ACT NO. 9439 April 27, 2007

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL

CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to
otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered
or have been adequately attended to or who may have died, for reasons of nonpayment in part or in
full of hospital bills or medical expenses.

SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or
medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses,
including professional fees and medicines, shall be allowed to leave the hospital or medical clinic,
with a right to demand the issuance of the corresponding medical certificate and other pertinent
papers required for the release of the patient from the hospital or medical clinic upon the execution
of a promissory note covering the unpaid obligation. The promissory note shall be secured by either
a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient
for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and
other documents required for interment and other purposes shall be released to any of his surviving
relatives requesting for the same: Provided, however, That patients who stayed in private rooms
shall not be covered by this Act.

SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients,
who violates the provisions of this Act shall be punished by a fine of not less than Twenty thousand
pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not
less than one month, but not more than six months, or both such fine and imprisonment, at the
discretion of the proper court.

SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out
the provisions of this Act.

SEC. 5. If any provision of this Act is declared void and unconstitutional the remaining provisions
hereof not affected thereby shall remain in full force and effect.

SEC. 6. All laws, decrees, orders, rules and regulations or part thereof inconsistent with this Act are
hereby repealed or amended accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in two national newspapers of
general circulation.
PRESIDENTIAL DECREE No. 541 August 20, 1974

ALLOWING FORMER FILIPINO PROFESSIONALS TO PRACTICE THEIR RESPECTIVE

PROFESSIONS IN THE PHILIPPINES.

WHEREAS, a considerable number of Filipino professionals have, with the passage of time,
gone to other countries to pursue further studies and/or take up specialized studies in their
chosen fields of endeavor while others emigrated to other lands in search of better job
opportunities;

WHEREAS, since their departure from the Philippines some of these professionals have
become naturalized citizens of their host countries so that they are now barred from the practice
of their profession in our country;

WHEREAS, a considerable number of these erstwhile Filipino professionals are now desirous to
come home under the Balikbayan Program and, while here, would like to serve our people or
share their advanced knowledge and expertise with their local professional colleagues;

WHEREAS, for the sake of faster national development our government is now trying to attract
these erstwhile Filipino professionals to return and reside permanently in the Philippines so that
they can provide the talent and expertise urgently needed by the homeland;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby decree and order the following:

Section 1. The provisions of all existing laws, rules and regulations, decrees, orders, and
instructions to the contrary notwithstanding, professionals who were formerly citizens of the
Philippines and who have previously passed licensure examinations in the Philippines for the
practice of their profession, may, while in this country on a visit, sojourn or permanent
residence, practice their profession: Provided, That they are professional practitioners of good
standing prior to their departure from the Philippines and in their adopted country: Provided
further, That prior to the practice of their profession they shall have first registered with the
Professional license fee; and Provided finally, That they shall pay the corresponding income tax
due on all incomes realized by them in the practice of their respective professions in the
Philippines.

Section 2. The Professional Regulations Commission shall promulgate the necessary rules and
regulations to implement and carry out the purposes of this Decree.

Section 3. This Decree shall take effect immediately.

DONE in the City of Manila, this 20th day of August, in the year of Our Lord, nineteen hundred
and seventy-four.