HISTORY OF MEDICAL ETHICS
• The relation between doctor and patient is
considered fiduciary in nature and based on mutual
trust which forms the foundation of medical ethics.
• However, the honors and ideals of the medical
profession imply that the responsibilities of a
physician extends beyond the individual to society.
• Public at large expects doctors to not only have a
high standard of medical ability and skill but also
high ethical behaviors.
WHAT IS ETHICS?
• Ethics is concerned with moral principles, values and
standard of conduct. (WHO)
• Ethics is the study and analysis of morality
o Morality - principles concerning the
distinction between right and wrong or
good and bad behaviour.
• Ethics is based on well-founded standards of right
and wrong that prescribe what humans ought to do,
usually in terms of rights, obligations, benefits to
society, fairness, or specific virtues.
PROFESSIONAL ETHICS
• are the guiding principles that are to be followed by
or expected to be followed by the people in a
particular profession.
MEDICAL ETHICS
• Medical ethics refers to the system of values
common to medical profession and application of
these values to practice of medicine.
• It is a standard behavior by which physician evaluate
their relationship with their patients , colleagues
and society.
• Ethics and law
o Law and medical ethics share the goal of
creating and maintaining social good and
have a symbiotic relationship
HISTORY OF MEDICAL ETHICS
• Code of Hammurabi
o one of the earliest and most complete
written legal codes and was proclaimed by
the Babylonian king Hammurabi.
o these laws included acceptable standards
for the practice of medicine
HIPPOCRATIC OATH
• written by Greek physicians Hippocrates
• is one of the earliest document in medical ethics
, which defined the ethical standard for
practicing physicians.
• Traditionally, all doctors recite this oath at
swearing in.
Percival’s Code of Medical Ethics
o Published by Thomas Percival in 1803,
which describes the qualifications and
duties of medical professionals
American Medical Association (AMA) Code of
Medical Ethics, 1847
• 1930-medicine was paternalistic profession in which
doctors gave advice and patients were expected to
follow along.
• Nazi Experiments on Human (1939-1945)
• Joseph mengele performs horrifying experiment
NUREMBERG CODE
• is a set of ethical principles for human
experimentation in medical research.
• the beginning of modern medical ethics
• The Nuremberg Code included the principle of
informed consent and required standards for
research.
NUREMBERG CODE (1948)
1. The voluntary consent of the human subject is
absolutely essential
2. The experiment should be such as to yield fruitful
results for the good of society, unprocurable by
other methods or means of study, and not random
and unnecessary in nature
3. The experiment should be so designed and based on
the result of animal experimentation and knowledge
of the natural history of disease or other problem
under study that the anticipated results will justify
the performance of the experiment
4. The experiment should be so conducted as to avoid
all unnecessary physical and mental suffering and
injury
5. No experiment should be conducted where there is
an a priori reason to believe that death or disability
injury will occur; except, perhaps, in those
experiments where the experimental physicians also
serve as subjects
6. The degree of risk to be taken should never exceed
the determined by the humanitarian importance of
the problem to be solved by the experiment
7. Proper preparations should be made and adequate
facilities provided to protect the experimental
subject against even remote possibilities of injury,
disability, or death
8. The experiment should be conducted only by
scientifically qualified persons
 9. During the course of the experiment the human
subject should be at liberty to bring the experiment
to an end if he has reached the physical or mental
state where continuation of the experiment seems
to him to be impossible
10. During the course of the experiment the scientist in
charge must be prepared to terminate the
experiment in any stage, if he has probable cause to
believe that a continuation of the experiment is
likely to result in injury, disability, or death to the
experimental subject
Helsinki Declaration
• set of ethical principles regarding human
experimentation develpoed by the World Medical
Association in 1964.
• The declaration spells out the rules related to the
various ethical issues in clinical and non-therapeutic
medical research.
Tuskegee Syphilis
• Tuskeejee Syphilis study was conducted by the
United States Public Health Service to study the
natural history of syphilis.
• Black americans is the participants
• Treatment for syphilis is penicillin
• Motive is to know if kanus a mamatay ang black
americans
Belmont Report
• This incident also resulted in the genesis of a new
Act (National Research Act of 1974) creating the
National Commission for the Protection of Human
Subjects of Biomedical and Behavioral Research.
• The three principles that highlighted in Belmont
Report are
o Respect for persons and informed consent,
o Beneficence, and
o Justice.
BIOETHICS
• the discipline of ethics dealing with moral problems
arising in the practice of medicine and the pursuit of
biomedical research.
• moral foundation of modern biomedical ethics based
on
o autonomy
o beneficence
o nonmaleficence
o justice
REFERENCE: https://actasdermo.org/en-ethics-in-medical-
research-in-articulo-S1578219011000187
ETHICAL THEORIES
LEARNING OBJECTIVES :
• To understand ethical theories
• To know the types and importance of ethical
theories in healthcare
• ETHICS
• MORALS
What is an ethical theory?
• Ethical Theories are attempts to provide a clear,
unified account of what our ethical obligations are.
• It is also a formal statements about what we ought
to do, when faced with an ethical dilemma.
Ethical theories are different from ethical principles
TYPES OF ETHICAL THEORIES:
• UTILITARIANISM
• DEONTOLOGY
• VIRTUES
Utilitarianism
• Is an ethical theory that considers an action as
morally right if its outcomes or consequences are
good for the greatest number of the population.
• It determines right from wrong by focusing
on outcomes.
Deontology
• Is an ethical theory that rules to distinguish right
from wrong. It considers the way that things are
done rather than focusing just on the outcomes. It
states that an act is not good morally can lead to
something good.
VIRTUES
• Is a moral theory that is concerned with the moral
character or goodness of the individual carrying out
the action.
• It require the decision-maker to understand what
virtues are good for public relations and then
decisions are made in light of those particular virtue
WHY IS ETHICAL THEORY IMPORTANT?
• Ethical theories provide part of the decision making
when ethics are in play because these theories
represent the viewpoints from which individuals
seek guidance as they make decision
Reference
FUNDAMENTAL ASPECTS OF LEGAL, ETHICAL,
AND PROFESSIONAL ISSUES IN RADIOLOGIC TECHNOLOGY
(Book by Dannalyn Ibañez)
PRINCIPLES OF ETHICS
“A man without ethics is a wild beast loosed upon this world.”
- Albert Camus
PRINCIPLES OF ETHICS
Learning Objectives:
• To know the different types of ethical principles.
• To understand each ethical principle.
1. Truthfulness and Confidentiality
Principle:Respect the patient’s privacy and be honest in
dealing with them.
TRUTHFULNESS
• It is about telling the truth to someone who
has the right to know the truth.
• The concept of truthfulness in healthcare
urges the healthcare professional not to lie.
CONFIDENTIALITY
• It is about privacy and respecting
someone’s wishes.
• Healthcare professionals shouldn’t share
personal health details with others unless
that person has said they can or its
necessary.
2. Autonomy
Principle: Honor the patient’s right to make their
own decision.
• Refers to every individual’s right to self-
governance, independence, and freedom to
make their own decision.
• Autonomy is Latin for “Self-Rule”
3. Beneficence
Principle: We must take positive steps to prevent
harm.
 • It is defined as an act of doing good to Classification of law
others like charity, mercy, and kindness. • Natural Law – comes inherently in our conscience
• Every healthcare professional has the and body
inherent moral imperative of doing right. • Natural Moral Law-Applied in individual’s high
faculties, for example, “do good and avoid evil”
4. Non-maleficence • Positive Law – it comes from powers that have
Principle: To “Do No Harm” enacted it
• It is an ethical principle that means doing no o Divine Positive Law
harm or inflicting the least harm possible to o Is the law written by God in addition to the
reach a beneficial outcome. natural law
• Latin Phrase “Primum non nocere”
Human positive law
BENEFICENCE + NON-MALEFICENCE • Reasonable rule of action, expressly or directly
promulgated by a competent human authority for
the common good
5. Justice • Enforced by State
Principle: To be fair and treat each case alike. • Based on Divine Providence, the nature of man,
• It is an ethical principle that entails fairness, legislative enactments, jurisprudence and judicial
equality, and impartiality. decisions, conventions or treaties, customs, and
Two Categories of Justice: tradition
• Distributive • Law enacted by the government authority like
• Social justice Executive Order, RA No. 7431, Civil Code of the
Philippines, the Revised Penal CodE
BENEFICENCE +Justice

JURISPRUDENCE AND LEGAL LIABILITIES Human positive law

Private Law
OBJECTIVES • regulates relations of the members of the
• Define law and jurisprudence community with one another
• Differentiate the classifications of law Public Law
• Distinguish human positive law • regulates the relations of the individual with the
• Discuss the legal liability State or ruler or the community as a whole

Jurisprudence
From the Latin “juris prudentia”, which means “the study,
knowledge, or science of the law”

Human positive law vs. morality

• Human Positive Law covers only external conduct,
morality covers both external and internal thoughts.
o No matter how evil a person’s thoughts
were, he cannot be imprisoned, unless he
will put it into action. But his thoughts are
considered immoral.
Jurisprudence
o Thoughts - immoral, but not punishable by
1. The first and the most prevalent form of
law
jurisprudence seeks to analyze, explain, classify, and
criticize entire bodies of law.
Legal liability
2. The second type of jurisprudence compares and
contrasts law with other fields of knowledge such as • Medical-legal liability is the tort of law applied to
literature, economics, religion, and the social healthcare professionals.
sciences. • Penalty sanction suffered by radiologic technologist
3. The third type of jurisprudence seeks to reveal the if found guilty of a violation of any of the existing
historical, moral, and cultural basis of a particular laws in the Philippines and their implementing rules
legal concept. and regulations.
4. The fourth body of jurisprudence focuses on finding
the answer to such abstract questions as "What is
law?" and "How do judges (properly) decide cases?"

Law
• An ordinance of reason promulgated for the
common good.
• System of rules created and enforced through social
or governmental institutions to regulate behavior
• Science and art of justice
• Shall effect only after the expiration of the fifteen
days following the completion of its publication in RT JurisprudenceRADIOLOGIC TECHNOLOGY ACT OF 1992
the Official Gazette or newspaper of general
circulation
History
 • The Board of Radiologic Technology (BORT) was
created on February 27, 1992 by virtue of Republic
Act No. 7431.
• R.A. No. 7431 is also known as the “Radiologic
Technology Act of 1992”. It was enacted at time of
President Corazon C. Aquino on April 22, 1992. At
that time, the House Speaker Ramon V. Mitra, Jr.
and Senate President Neptali A. Gonzales ratified the
law.
• BORT is Composed of 5 persons: 1 Chairman and 4
members
• The Rules and Regulations governing the
examination, registration, licensure and practice of
radiologic and x-ray technology was promulgated on
September 20, 1993.
• The Board conducted its first fully computerized
licensure examinations on December 27, 1993, the
results of which were released on April 9, 1994.
Present members of BORT
• Mr. Reynaldo S. Tisado – Chairman
• Dr Orestes P. Monzon,
• Mr. Bayani C. San Juan,
• Ms. Ma. Jesette B. Canales
• Dr. Roland P. Conanan
R.a. no. 7431
• AN ACT REGULATING THE PRACTICE OF RADIOLOGIC
TECHNOLOGY IN THE PHILIPPINES, CREATING THE
BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS
POWERS AND FUNCTIONS AND FOR OTHER
PURPOSES.
• Section 1. Title – This Act shall be known and cited
as the “Radiologic Technology Act of 1992”
o 1992 - year made this law
o Janitor, orderly - the ones who made the
images, no radtechs
• Section 2. Statement of Policy– it is the policy of the
state to upgrade the practice of Radiologic
Technology in the Philippines for the purpose of
protecting the public from the Hazards posed by
Radiation as well as to ensure safe and proper
diagnosis, treatment and research through the
application of machines and/or equipment using
radiation.
• Section 3. Definition of Terms – As used in this Act
the following terms and shall mean:
A. “X-ray Technology” is an auxiliary
branch of radiology which deals with the
technical application of x-rays as aid in the
diagnosis of diseases and injuries;
B. “Radiologic Technology” is an
auxiliary branch of radiology which deals
with technical application of radiation, such
as x-rays, beta rays, gamma rays, ultrasound
and radiofrequency rays, in the diagnosis
and treatment of diseases;
C. “X-ray technologist” is a bona fide
holder of a certificate of registration for x-ray
technology issued by the Board of Radiologic
Technology in accordance with this Act;
a. Bonafide - genuine
D. “Radiologic Technologist” is a bona
fide holder of a certificate of registration for
radiologic technology issued by the Board of
Radiologic Technology in accordance with
this Act;
E. “Radiology: is a branch of medical
science which deals with the use of radiation
in the diagnosis, treatment in accordance
with this Act;
F. “Radiologist: is a licensed physician
who specializes in the diagnosis or treatment
of disease with the use of radiation;
G. “Medical Physicist” is a physicist
who specializes in the application of the
principles and techniques of physics in
medicine;
H. “Board” refers to the Board of
Radiologic Technology; and
I. “Commission” refers to the
Professional Regulatory Commission created
under Presidential Degree No. 283.
• Section 4. Practice X-ray Technology – the practice of
x-ray technology shall include any and all acts by
which one renders, furnishes, or contracts to render
or furnished professional service as an x-ray
technologist.
o An X-ray technologist shall also be
considered in the practice of his profession if
the nature and character of his employment
requires professional knowledge in the art
and science of x-ray technology and such
employment or position requires that the
holder thereof be an x-ray technologist.
o Nothing in this Act shall be construed to
disqualify other professionals duly
registered with the Professional Regulation
Commission from performing any of the acts
above mentioned; Provided, That under the
law or laws governing their respective
professions, they may perform the said acts;
Provided, further, that no person shall use
the title “X-ray Technologist” or any other
title conveying the impression that he is an
x-ray technologist without having been
issued a certificate of registration as x-ray
technologist by the commission in the
manner provided by this Act.
• Section 5. Practice Radiologic Technology - the
practice of Radiologic technology shall include any
and all acts by which one renders, furnishes, or
contracts to render or furnished professional service
as an radiologic technologist.
o A Radiologic Technologist shall also be
considered in the practice of his profession if
the nature and character of his employment
requires professional knowledge in the art
and science of radiologic technology and
such employment or position requires that
the holder thereof be an radiologic
technologist.
o Nothing in this Act shall be construed to
disqualify other professionals duly
registered with the Professional Regulation
Commission from performing any of the acts
above mentioned; Provided, That under the
law or laws governing their respective
professions, they may perform the said acts;
Provided, further, that no person shall use
the title “Radiologic Technologist” or any
other title conveying the impression that he
is an radiologic technologist without having
been issued a certificate of registration as x-
ray technologist by the commission in the
manner provided by this Act.
• Section 6. Creation of the Board of Radiologic
Technology. — There is hereby created a Board of
Radiologic Technology which shall be composed of a
Chairman and four (4) members, all of whom shall be
appointed by the President of the Philippines upon
the recommendation of the Professional Regulation
Commission. The Commission shall recommend:
 o three (3) radiologic technologists from a list
to be submitted by the Association of
radiologic technologists;
o one (1) radiologist from a list to be
submitted by the association of radiologists;
and
o one (1) medical physicist from a list to be
submitted by the association of medical
physicists:
Provided, however, That the said
associations are accredited in accordance with
Presidential Decree Numbered Two hundred and
twenty-three: Provided, further, That each person
whose name is submitted shall possess the
qualifications prescribed in Section 7 of this Act.
• Section 7. Qualifications of Board Members.
o (a) Each member of the Board shall at the
time of his appointment:
▪ (1) Be a citizen and resident of the
Philippines;
▪ (2) Be of good moral character;
▪ (3) Be at least thirty (30) years of
age; and
▪ (4) Is neither a member of the
faculty, whether full time, part time
or lecturer, of any school, college or
university where a regular course in
radiologic technology is taught, nor
has any pecuniary interest, directly
or indirectly, in such institution
during his term of office as a Board
member.
o (b) Three (3) members of the Board,
including the Chairman, shall at the time of
their appointment:
▪ (1) Be radiologic technologist; and
▪ (2) Have at least ten (10) years
practice as radiologic technologists
prior to their appointment;
Provided, that the three
▪ (3) radiologic technologists
appointed as members of the first
Board shall be deemed
automatically registered as
radiologic technologists upon
assumption of their duties as
members.
o ( c ) One (1) member of the Board shall at the
time of his appointment:
▪ (1) Be a radiologist; ares ipsad
▪ (2) Has at least ten (10) years
practice as a radiologist prior to
his appointment.
o (d) One (1) member of the Board shall at the
time of his appointment:
▪ (1) Be a medical physicist; and
▪ (2) Has at least ten (10) years
practice as a medical physicist.
• Section 8. Term of Office. — The members of the
Board shall hold office for a term of three (3) years
from the date of their appointment until their
successors shall have been appointed and duly
qualified; Provided, That the first appointees to the
Board shall hold office for the following terms: the
Chairman for three (3) years; two (2) members for
two (2) years and two (2) members for one (1) year.
Vacancies shall be filled only for the unexpired term.
• Section 9. Duties and functions of the Boards. — The
Board shall have the following duties and functions:
o (a) To enforce the provisions of this
Act; (RA. 7431)
o (b) To administer oaths in accordance with
the provisions of this Act; (at least 1 BORT to
conduct oath)
o (c) To issue and, after due investigation,
suspend or revoke certificates of registration
for the practice of radiologic technology and
x-ray technology;
o (d) To investigate any violation of this Act of
the rules and regulations issued thereunder,
as may come to the knowledge of the Board
and, for this purpose, to issue subpoena and
subpoena duces tecum to alleged violators
or witnesses to secure their attendance in
investigations or hearings, and the
production of books, papers and documents
in connection therewith and compel their
attendance by the power to cite and punish
for contempt;
o (e)To conduct yearly board examinations to
radiologic technology and x-ray technology
examinees under the supervision of the
Professional Regulation Commission;
o (f) To look, from time to time, into the
condition affecting the practice of radiologic
technology and x-ray technology in the
Philippines, and adopt such measures as may
be deemed necessary for the maintenance
of the standards and ethics of the
profession;
o (g) To promulgate such rules and regulations
as may be necessary to carry out the
provisions of this Act: Provided, That the
same shall be issued only after the approval
thereof by the Commission; and
o (h) To adopt a seal to authenticate its official
documents.The Board shall exercise these
powers and duties in accordance with
Presidential Decree Numbered Two Hundred
and twenty-three.
• Section 10. Compensation of the Board. — The
members of the Board shall each receive the same
compensation as members of other Boards under the
supervision of the Commission as provided for in the
General Appropriations Act.
• Section 11. Removal of Board Members. — Any
member of the Board may be removed from office by
the President upon the recommendation of the
Commission for neglect of duty, incompetence or
unprofessional, immoral, or dishonorable conduct, or
commission or toleration of irregularities in the
conduct of the examinations, after having been given
the opportunity to defend himself in a proper
administrative investigation conducted by the
Commission.
• Section 12. Supervision of the Board and Custody
of its Records. — The members of the Board shall be
under the general supervision of the Commission.
o No record shall be removed, altered or
examined without the prior authorization of
the Board. All records, including examination
papers, examination results, minutes of
deliberation, records of administrative cases
and investigations of the Board shall be kept
by the Commission.
• Section 13. Rules and Regulations. — Subject to the
approval of the Commission, the Board shall set
ethical and professional standards for the practice of
radiologic technology and x-ray technology and adopt
such rules and regulations as may be necessary to
carry out the provisions of this Act. Such standards,
rules and regulations shall take effect one (1) month
after publication in any newspaper of general
circulation.
• Section 14. Annual Report. — The Board shall, at the
end of each calendar year, submit to the Commission
an annual report of its activities and proceedings
during the year. Other information or data may be
requested by the Commission as often as may be
necessary and practicable.
• Section 15. Requirement for the Practice of
Radiologic Technology and X-ray Technology. —
Unless exempt from the examinations under Sections
16 and 17 hereof, no person shall practice or offer to
practice as a radiologic and/or x-ray technologist in
the Philippines without having obtained the proper
certificate of registration from the Board.
• Section 16. Exemption from Examination in X-ray
Technology. — Examination shall not be required of
the following persons:
o (a) The first members of the Board of
Radiologic Technology as provided in Section
7(b) hereof; and
o (b) Those who, prior to the approval of this
Act, have passed the Civil Service
examination for x-ray technicians, or the
examination for the private sector x-ray
technicians, or the examination for chest x-
ray technicians, or the proficiency
examination for medical radiation
technicians administered by the Department
of Health through its Radiation Health Office,
Radiological Health Service, of Radiation
Health Service. Those so exempt under the
aforementioned categories shall register
with the Board after they shall have
complied with the requirements for
registration as radiologic technologists.
• Section 17. Exemption from examination in
Radiologic Technology. — Examination shall not be
required of the following persons:
o (a) The first members of the Board of
Radiologic Technology as provided in Section
7(b) hereof,
o (b) Radiologists from other countries
invited for lectures of consultation or as
visiting or exchange professors to colleges or
universities duly recognized by the
Government: Provided, That such radiologic
technologists are legally qualified to practice
as such in their own state or country:
Provided, further, That they shall first secure
a special permit from the Board which shall
be valid as the Board may determine:
Provided, finally, That the privilege granted
in this subsection shall be given only to
radiologic technologists from countries
giving similar privilege to their Filipino
counterparts;
o (c) Those who, prior to the approval of this
Act, have passed the proficiency
examination for medical radiation
technologists administered by the
Department of Health through its Radiation
Health Office, Radiological Health Service, or
Radiation Health Service; and
o (d) Those who prior to the approval of this
Act, have passed the Civil Service
examination for x-ray technicians, or the
examination for private sector x-ray
technicians, or the proficiency examination
for medical radiation technicians
administered by the Department of Health
through its Radiation Health Office,
Radiological Health Service or Radiation
Health Service, with ten (10) years
continuous practice of radiologic technology
after passing one of these aforementioned
examinations.
o Those falling under categories (a), (c) and (d)
shall register with the Board after they shall
have complied with the requirements for
registration as radiologic technologists.
• Section 18. Examination Required. — Except as
otherwise specifically allowed under the provisions of
this Act and other exiting laws, all applicants for
registration as radiologic technologists and x-ray
technologists shall be required to undergo an
examination which shall be given once a year by the
Board, through the Commission, according to its rules
and regulations and at such time and place as may be
determined by the Commission.
• Section 19. Qualifications for Examination. — Every
applicant for examination under this Act shall, prior to
admission for examination establish to the
satisfaction of the Board that he:
o (a) Is a Filipino citizen:
o (b) Is of good moral character and has not
been convicted of a crime involving moral
turpitude; and
▪ Moral turpitude- adultery;
concubinage
o (c) Is a holder of a baccalaureate degree in
radiologic technology from a school, college
or university recognized by the Government
if he applies for the radiologic technology
examination or is a holder of an associate in
radiologic technology diploma from a school,
college or university recognized by the
Government if he applies for the x-ray
technology examination.
• Section 20. Scope of Examination in X-ray
Technology. — Unless changed or modified by the
Board, the examination in x-ray technology shall
cover the following subjects with the corresponding
weights as follows:
o (a) Radiation Physics 10%
Radiology and Radiation Protection 10%
Equipment Maintenance 10%
o (b) Radiographic Positioning 10%
Radiographic Technique 10%
Special Procedures 10%
o (c) Anatomy, Physiology and Medical
Terminology 15%
o (d) Photochemistry and Darkroom
Procedures 10%
o (e) Film Analysis 5%
o (f) Nursing and Departmental Procedures in
Radiology 5%
o (g) Professional Ethics 5%
• Section 21. Scope of Examination in Radiologic
Technology. — Unless changed or modified by the
Board, the examination in radiologic technology shall
cover the following subject with the corresponding
weights as follows:
o (a) Radiation Physics and Equipment
Maintenance 10%
Radiobiology and Radiation
Protection 10%
o (b) Radiographic Positioning 10%
Radiographic Technique 10%
Special Procedures 10%
o (c) Anatomy, Physiology and Medical
Terminology 10%
o (d) Photochemistry and Film Analysis 10%
o (e) Nursing and Department Procedures in
Radiology and Professional Ethics 5%
o (f) Ultrasound 5%
o (g) Radiation Therapy 5%
o (h) Nuclear Medicine 5%
o (i) Radiologic Pathology 5%
o (j) Computed Tomography/Magnetic
Resonance Imaging 5%
• Sec. 22. Report of Ratings. — The Board shall, within
one hundred twenty (120) days after the date of
completion of the examination, report the rating
obtained by each candidate to the Commission which
shall submit such a report to the President of the
Philippines for approval.
o In order to pass the examination, a candidate
must obtain a weighted average of at least
75% with no rating below 60% in any subject.
 An examinee who obtains an average rating
of 75% or higher but gets a rating below 60%
in any subject shall be allowed to take a
reexamination in only those subjects in
which he obtained a rating below 60%. Such
examination shall, as far as practicable, be
taken in the next scheduled examination.
o In order to pass the second examination, the
examinee must obtain a rating of 75% in
each of the subjects repeated. If the
candidate still fails the reexamination, he
shall as far as practicable, be required to
repeat said subjects during the succeeding
examination. When an applicant fails to
qualify after the third examination, he shall
be required to take the entire examination.
• Section 23. Oath-taking. — All successful examinees
shall be required to take a professional oath before
the Board or before any person authorized by the
Board to administer oaths prior to the practice of
their profession as radiologic technologists and/or x-
ray technologists.
• Section 24. Issuance of Certificates of Registration.
— Every applicant who has satisfactorily passed the
required examination shall, upon payment of the
registration fee as provided in Section 25, be issued a
certificate of registration as radiologic technologist
and/or x-ray technologist.
o The Board shall, subject to review by the
Commission, issue the corresponding
certificates to persons who apply for the
same who are exempt from the
examinations provided under Sections 16
and 17 hereof.
o All certificates of registration shall
contain the full name of the registrant, serial
number, signature of the Commissioner,
date of issuance, and the official seal of the
Board duly affixed thereto.
• Section 25. Fees. — Unless otherwise fixed by the
Commission, each examinee or registrant shall pay
the following fees:
o (a) For application for
examination P350.00
o (b) For registration after passing the
board examinations P250.00
o (c) For registration without
examination P250.00
o (d) For replacement of lost or destroyed
certificate of registration P100.00
o (e) For reissuance of revoked
certificate P100.00
• Section 26. Penal Provisions. — Any person who
shall practice radiologic technology and/or x-ray
technology in the Philippines, within the meaning of
this Act, with any of the following attending
circumstances shall, upon conviction by final
judgment, be punished with a fine of not less than Ten
thousand pesos (P10,000) nor more than Forty
thousand pesos (P4,000), or by imprisonment of not
less than one (1) year nor more than six (6) years, or
both, at the discretion of the court:
o (a) Without a certificate of registration in
accordance with the provisions of this Act;
o (b) Presenting or using as his own the
certificate of registration of another
person;
o (c) Using an expired license, or suspended or
revoked certificate of registration;
o (d) Giving any false or forged evidence to the
Board of Radiologic Technology in order to
obtain a certificate of registration;
o (e) Posing or advertising as a registered
radiologic and/or x-ray technologist or using
any other means tending to convey the
impression that he is a registered radiologic
and/or x-ray technologist; and
o (f) Violation of any of the provision or
provisions of this Act.
• Section 27. Appropriations. — The amount
necessary for the compensation of the members of
the Board shall be included in the General
Appropriations Act of the year following the approval
of this Act and thereafter.
• Section 28. Repealing Clause. — All laws, decrees,
orders, and other issuances, rules and regulations, or
parts thereof, inconsistent herewith are hereby
repealed or modified accordingly.
• Section 29. - (This Section is missing in the original
text)
• Section 30. Effectivity Clause. — This Act shall take
effect one (1) month after its publication in any
newspaper of general circulation.
Additional info:
• With the implementation of the CHED Memorandum
Order No.7, Series of 2018: “ Policies, Standards and
Guidelines of Bachelor of Science in Radiologic
Technology”
• The Board of Radiologic Technology is proposing for a
revise the table of specification of the licensure
examination coverage to comply with the Curriculum
of the above mentioned Memorandum order.
Proposed Examination Topics per Clusters:
• Radiation Physics, Equipment, Biology, Protection-
20%
o Radiation Production and Characteristics
o Imaging Equipment and Maintenance
o Radiobiology
o Radiation Protection
o Quality Assurance and Quality Control
o Imaging Science and Informatics
• Image Production and Evaluation - 20%
o Film-Screen Image Acquisition, Processing
and Analysis
o Principles of Imaging
o Computed and Digital Radiography
• Radiographic Positioning and Radiologic Procedures-
20%
• Radiologic Procedures and Positioning
• Radiographic Contrast Examinations
• Mammography
•
• Patient Care and Management - 20%
o Human Anatomy and Physiology
o Medical Terminology
o Patient Care
o Administration and Leadership
o Professional Ethics and Jurisprudence
o Radiologic Pathology
• Radiological Sciences – 20%
o Ultrasonography
o Computed Tomography
o Magnetic Resonance Imaging
o Interventional Radiology
o Pharmacology and Venipuncture
o Nuclear Medicine
o Radiation Therapy
References: Fundamental Aspects of Legal, Ethical, and
Professional Issues in Radiologic Technology with cultural
Sensitivity.
First Edition - 2021 Dannalyn D. Ibanez, RRT, MAEM, Ph.D.
LEGAL LIABILITIES IN THE PRACTICE OF RADIOLOGIC
TECHNOLOGY
NEGLIGENCE
• Is the most common and well-known tort.
• Falls into genre of claims base on tort called quasi-
delicts
o act or omission which causes harm or
damage to the person or property and thus
exposes person civil liability as if the act or
omission was intentional ( Civil Code of the
Philippines Chapter 3, title 15 Extra
Contractual Obligation)
• Tort – wrongful act or infringement of a
right leading to civil liabilities.
o Tort may be Associated with
o Intentional Infliction of emotional distress
▪ Negligence
▪ Financial loses
▪ Injuries and
▪ invasion of privacy
o Tort has two type:
▪ Intentional Action
▪ Negligent action
IS TORT A CRIME?
• Tort is different from a crime.
• Crime – offense against state.
o ( to protect and vindicate interest of the
public )
• Tort – Offense against individual
o ( Compensate for the Damage the injured
party has suffered)
1. Negligent Tort
• tort committed by failure to act as a
prudent person to someone whom we owes
duty required by the profession.
• “ Failure to deliver standard Care”
• ELEMENT OF NEGLIGENT TORTS
o Duty ( what should have been
done)
o Breach ( deviation from duty)
o Injury sustained ( injury caused by
negligence)
o Cause ( result of the breach)
• THREE AREA COMMONLY CAUSE
NEGLIGENCE IN RADIOLOGY
1. Patient fall and other positioning
injury
a. Exposing the
opposite limb, falls in the
table
2. Pregnancy
. Fails to inquire
possible pregnancy before
performing the exam
a. How to ask:
When was the first day of
your menstruation?
3. Error or delays
LEGAL DEFENSE IN NEGLIGENCE
• Provided the standard care
• Concise and accurately giving required services
• Documentation
o Example is on the case of an elderly
patient subjected for x-ray examination
who fell and broke her hip.
o Patient claimed that the team of
professionals are negligent. ( they should
apply restraint and the referring physician
should have noted episodes of become
dizzy)
MALPRACTICE
• Refers to the negligence or misconduct of
professionals. In the failure to meet the standard
care which can lead into death or severe injury to
the client
• Medical Malpractice – negligence committed among
health care professionals
• Malpractice
o Medical malpractice is the breach of the
duty of care by a medical provider or
medical facility. It has an element of
“intent” that medical negligence does not
have in it.
o The doctor or provider knew he should have
done something to treat the patient but he
failed to do so knowing that his failure may
result in harm to the patient. It was not
intentional in that he wanted to harm the
patient but it was intentional because he
knew that by doing so the risk of harm was
present
o An example of medical negligence may be
when a nurse accidentally leaves a sponge
inside a surgical wound. She did not intend
to harm the patient but her action may not
rise to the level of medical malpractice
COMMON LEGAL MAXIMS (LEGAL PHRASES)
• Respondeat Superior-
o Culpa in Eligiendo ( Selection of their
employees)
o Culpa in vigilando ( Supervision over
employees)
• Ignorantia Legis Non Excusat
o is a Latin maxim means ignorance of a fact
or mistake of a fact is an excuse. It is
applicable to civil as well as criminal
jurisprudence. It says that ignorance will be
considered as an excuse if a person charged
with an offence can claim that he/she is
unaware of the fact
• Ignorantia Faci Excusat
• Dura Lex Sed Lex- the law is harsh but it is the law
o This simply means that everybody has
exactly the same standing – the same basic
human dignity and the basic human rights –
before the law
• Nallum Crimen, Nallum Poena Sine Lege
o nullum crimen nulla poena sine praevia lege
Poenali mean?
o The principle of prohibiting the continued
application of such laws (literal translation
of the Latin: "No crime, no punishment
without a previous penal law")
• Res Ipsa Loquitur- the action speaks for itself
THE PATIENT’S PERSPECTIVE
PATIENT CONSENT
• Consent
o Any freely given, specific, informed
indication of will, where an individual
agrees to the collection and processing of
personal information relating to him.
• Patient Consent
 o Process of communication between the
patient and healthcare professional (most
especially the physician) that often leads to
agreement of permission for care,
treatment, or services.
Every patient has the right to get information concerning the
risk and benefits of a certain medical procedure. Included the
patient consent are the following
1. The name of the patient’s condition
2. The name of the procedure or treatment that the
healthcare professional recommends
3. Risks and benefits of the treatment or procedure
4. Risks and benefits of other options, including not
getting the treatment or procedure
TYPES OF PATIENT CONSENT
• Implied Consent
o Happens when the rescuer is unable to
communicate with the patient
o Happens because patient is unconscious,
but also be a result of intoxication, language
barriers, mental disorder, or age
• Expressed Consent
o A valid consent given in writing or orally
o Happens when the patient directly
communicates their positive and explicit
consent to the physician or healthcare
professional
o It is not-time limited unless the patient the
patient withdraws their consent
CONSENT IN THE PHILIPPINES
• The Health Privacy Code Implementing the Joint
Administrative Order No. 2016-0002 otherwise
called the “Privacy Guidelines for the
Implementation of the Philippine Health Information
Exchange”
• It defines consent as any freely given specific,
informed indication of will, where an individual
agrees to the collection and processing of personal
information relating to him or her
unless the married in which case, preference shall be
given in mother
• Cohabitant partner for a minimum of one (1) year or
identified guardian of the patient
• Social worker
• Attending physician
VALID FORMATS
• Either be in written, recorded, and/ or in electronic
form
• Must be signed by patient, guardian, or authorize
person
• If patient is incapable of affixing his or her signature,
a fingerprint, thumb mark, electronic signature, or
biometrics are allowed provided that a witness of
legal age and sound mind is present
REVOCATION AND REINSTATING CONSENT
• When the consent was previously given by an
authorized representative during the time the
patient was unconscious or incapacitated such
consent can be revoked when the patient recovers
consciousness or regains the capacity to give consent
REFERENCES:
https://www.colleaga.org/article/informed-consent-express-
or-implied-consent
http://ehealth.doh.gov.ph/images/HealthPrivacyCode.pdf
IIbañez,D. D. (2021) Fundamental Aspects Of Legal,Ethical,and
Professional Issues In Radiologic Technologist. APD
Educational Publishing House

REQUIREMENT OR CHARACTERISTIC
• Competence- the person must be at least 18 years
old, with a sound mind, and not under the influence
of drugs or alcohol

• Amount and Accuracy of Information- relevant

factual information about the procedure and/or
treatments, benefits, risks, and possible
complications or results

• Patient understanding- education language or

dialect

• Voluntariness- the person can make autonomous

decision without force or intimidation and
understands that he can withdraw consent anytime
without consequences

• For PWD, the use of appropriate means of

communication such as verbal or sign language
should be employed

PERSON WHO CAN GIVE CONSENT

• Immediate relatives with 3rd civil degree of
consanguinity based on hierarchy; provided that in
the case of minors, either parent may give consent,