2ND SEMESTER – MED TECH LAWS & BIOETHICS

La Consolacion University Philippines

College of Allied Medical Sciences

PRELIM

Introduction to Medical
Technology Laws and
Bioethics

Andrea G. Cruz
BSMT-2A

January 21, 2023

Ms. Carina Rodriguez

 2ND SEMESTER – MED TECH LAWS & BIOETHICS

Medical Technology Laws and Bioethics provide the legal as well as

the moral obligations of a professionals admitted to the practice of
medical technology to his/her patients, colleagues, the public, and the
profession.

What is Law?

Law is defined as a role of conduct, just, obligatory, and promulgated by

legitimate authority and of common observance and benefit.

Fundamental Concept

In order to understand the applicability and effects of law such

as medical technology laws, these basic legal principles must be taken
into considerations:

1. Ignorance of the law excuses no one from compliance therewith

(Ignorancia legis neminem excusat)
2. Laws shall have retroactive effect, unless the contrary is
provided. This is based on the Latin maxim, Lex prospicit, Non
respicit (the law looks forward not backward). Laws including
administrative rules and regulations, operate perspective
because the retroactive application of a law usually divests
rights that have already become vested.
3. Rights may be waived unless the waiver extend to rights and
privileges of any character, and since the word “waiver” covers
every conceivable right provided further, the waiver of the right
or privilege is not forbidden by the law, and does not
contravene public policy, public order, morals, and good
customs.
4. Law are repealed only by subsequent ones, and their violation
or nonobservance shall not be excused by disuse, custom, or
practice to the contrary. When the courts declared a law to be
inconsistent with the constitution, the former shall be void and
the latter shall govern.

Administrative or executive acts, orders, and regulations shall be

valid only when they are not contrary to the laws or the constitution.

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 2ND SEMESTER – MED TECH LAWS & BIOETHICS

The constitution is the supreme law of the land. It is the basic and
paramount law to which all other laws must conform and to which all
persons, including the highest officials of the land, must defer.

Administrative and executive acts are not laws and hence, cannot
repeal existing law or the constitution.

By hierarchy, the constitution is the highest form of the law, followed

by ordinary laws, and then the Administrative and Executive Acts. If an
Administrative or Executive act is contrary to law or the Constitution, the
former is invalid.

5. Custom which are contrary to law, public order, or public policy

shall not be “Countenanced”. A custom must be proved as a
fact, according to the “Rules of Evidence”.

Custom is defined as a “Rule of conduct formed by repetition of

acts, uniformly observed (practiced) as a social rule, legally binding and
obligatory”

A local custom as a source of right cannot be considered unless it is

properly established by competent evidence.

What are Medical Technology laws?

Medical Technology laws are legislative fiats that have legal

effects in the Practice of Medical Technology in the Philippines.

These laws set limitations, basic rights, responsibilities and

obligations that a professional who engages in the practice of medical
technology must observe.

In its strict sense, these laws are special penal laws because a
violation of any of its provisions is punishable either by fine,
imprisonment, or both.

What is the Function of the punishment recommended by Medical

Technology Laws?

The primary function of a punishment is to protect society

against actual and potential wrongdoers in the practice of a profession

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including medical technology. It is necessary that the perishability of

malpractice be reasonably foreseen for the guidance of the society.

The punitive nature of medical technology laws effectively

forbids the potential abuse in performing the professional services of
medical technology.

What is Bioethics?

Bioethics is a philosophical discipline that deals with the

morality of human conduct in relation to health in particular and to
human life in general.

Its emphasis is on basic ethical doctrines, major bioethical

principles, and its application in health. It also includes the discussion of
philosophical tenets and virtues of health care providers.

What is Morality?

Morality is the quality of human act. The following are parameters to

determine if the human act is morally good.

a. The act must be good in itself

b. The act must be good in its end
c. The circumstances other than the end must be good

What is the relationship of Laws and Public Morality?

The laws enacted become expression of public morality. As

Justice Holmes put it, “The law is

the witness and deposit of our moral life.”. “In a liberal democracy, the
law reflects social morality over a period of time.” Law has also been
defined as “Something men create in their best moments to protect
themselves in their worst moments.” Even then, laws can be amended
or repealed just as judicial pronouncements are subject to modification
and reversal to better reflect the public morals of a society at a given
time. After all, in the words of Justice Holmes, “The life of the law… has
been experience.”

However, this is not to say that law is all of morality. Law deals
with the minimum standards of human conduct, while morality is

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concerned with the maximum. Law also serves as “a helpful starting

point for thinking about a proper or ideal public morality for a society” in
pursuit of moral progress.

History of Laboratory Science and the Practice of Medical

Technology

In the past, illness and diseases were considered either curses

or punishments from gods. These maladies cause terror and public
hysteria. However, the curiosity and inquisitiveness of the human mind
unveiled the origins of these furtive conditions and endeavored to
discover their cure.

Momentous episodes in antiquity yielded a new horizon in

restoration of health, life preservation, and assumptions of
accountability. Experiments were conducted to prove theories and
principles, and systems of procedures and techniques were adopted to
set standards. Innovative inventions simplified existing methodologies
and covenants were made to impose obligations and penalties. The
grandeur of ancient practice paved the way for the development of
science and technology.

The practice of laboratory medicine can be traced back even

before the medieval period. A priori, ancient physicians examined
specimens from patients. The oldest known test is urinalysis and has
been carried out since ancient times.

Physicians in Babylon made observations on the color and

consistency of urine as early 4000 BC.

In about 1500 BC, Egyptian documents such as the Ebers

papyrus contained accounts describing polyuria and intestinal worms,
and these records were confirmed with the discovery of calcified
helminth eggs in mummies dating back to 1200 BC. The documents is
based on previous papyri dated around 5000 BC found in THEBES,
EGYPT.

The Geek physician Hippocrates was born around 460 BC and

closely studied signs and symptoms in human and correlated these with
possible disease. He rejected the concept of sickness as a punishment
from gods. His contributions earned him the title “Father of Medicine”:

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He indoctrinated not only the scientific importance of medicine but also

its ethical standards, as enshrined in the “Hippocratic Oath”. Rufus of
Ephesus is another Greek Physician who first described hematuria or
blood in the urine.

Antistius, a Roman physician is considered the first forensic

pathologist. He performed the autopsy on the corpse of Julius Caesar in
44 BC. He found that Caesar suffered 23 wounds and that the only one
penetrated the chest cavity, through the space between the first and the
second ribs.

In 500 AD, Indian physician observed that some types of urine

attracted insects due to its sugar content and it is called as madhumeha
or “Honey Urine”.

By 900 AD, Isaac Judaeus, a Jewish physician and philosopher

had devised guidelines for using a diagnostic aid.

In the 16th century, Girolamo Fracastoro proposed s primitive

version of the “germ theory”. This was validated 300 years later by
Robert Koch and Louis Pasteur. Koch also discovered the tubercle
bacillus as the causative organism of tuberculosis.

William Harvey described the circulation of blood in 1628,

Marcello Malpighi fortified the concept by ascertaining the existence of
capillaries. The English physician Richard Lower also conducted the
first successful blood transfusion in animals in 1665.

The latter part of the 17th century may be considered as the

premier phase of laboratory medicine, following the invention of
microscopes. Antonie Van Leeuwenhoek invented the so called
“Leeuwenhoek Microscopes”, which had better magnification, clarity,
and resolution. His invention allowed humans to observe bacteria from
teeth scrapings and protozoa from animal intestines in 1674. He also
made accurate descriptions of spermatozoa (1667) and red blood cells
(1684).

The 18th and 19th century introduced more sophisticated

methodologies in laboratory science. Johannes Muller pioneered clinical
cytology and described the microscopic structure of various types of

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cancer. Rudolf Virchow established the fundamentals of cellular

pathology.

The 20th century introduced more sophisticated methodologies

in laboratory science. Alexander Fleming had made the landmark
observation that the mold penicillium killed staphylococci in culture. Karl
Lansteiner, an Australian Physician, discovered the major blood groups
in 1909, and he received the 1930 Nobel Prize for medicine for this
achievement. He also established the Rh blood group system around
1940. During this period, medical technology education was already
offered as a course in different schools worldwide.

In the Philippines, the practice of laboratory medicine finds its

roots during the Spanish regime. The first public health laboratory was
established around 1883. In 1887, the Spanish colonial health system
created the Laboratorio Municipal de Manila in order to examine food,
water, and clinical specimens. Among its main functions were to
conduct biochemical analyses for public health and to undertake
specimen examinations for clinical and medico-legal cases. It was
during this time that native Filipinos began to engage in something akin
to medical technology.

During the American occupation, existing medical approaches

were improved upon, and public health education was introduced. In
1921 legislation was passed for the establishment of School of Hygiene
and Public Health. In 1927, The University of the Philippines formally
opened its degree-granting School of Hygiene and Public Health, a
course analogous to medical technology education.

Health Education, including public health hospitals and

laboratories services, was strengthened during the commonwealth ERA
in 1939, the Department of Public Health was created.

The Development of Public Health in general was impeded

during world war II, when the Philippines was invaded by the Empire of
Japan. Widespread destruction of medical facilities, including public
health laboratories, occurred during this time.

After five 5 years of hostilities, the Philippine public health

sector exerted its earnest effort to rise from ashes of war. In September

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1945, the 26th Medical Laboratory of the 6th United States Army arrived
in the Philippines and established its advanced clinical laboratory at 208
Quiricada St. Sta. Cruz, Manila.

This was the first modern Clinical laboratory of the country.

When the 6th US army departed, the laboratory was left in the care of
the Department of Health. The Clinical laboratory was reorganized by
Dr. Alfredo Pio De Roda, with the assistance of Dr. Marino Icasiano. It
was renamed as Manila Public Health Laboratory. Training of
Laboratory technicians ensued but did not last long because the formal
education on medical technology in the Philippines began.

PAMET, PASMETH, and PHISMETS

The Philippine Association of Medical Technologists, Inc. (PAMET)30

PAMET is the national organization of all registered medical

technologists (RMTs) in the Philippines. It was founded on September
15, 1963, in the Public Health Laboratory located at 208 Quiricada St.,
Sta. Cruz, Manila. The association was organized by Mr. Crisanto G.
Almario, recognized as the "father of PAMET," who sought to
standardize the profession and to improve and upgrade its practice.

On June 21, 1969-through the efforts of PAMET under its first president,
Charlemagne T. Tamondong-Republic Act No. 5527, otherwise known
as the Philippine Medical Technology Act of 1969, was enacted.

PAMET was registered with the Securities and Exchange Commission

on October 14, 1969.

On June 22, 1973, Presidential Decree No. 223 was approved, thereby
creating the Professional Regulation Commission (PRC). On
September 6, 1973, through Proclamation No. 1181, series of 1973,
Ferdinand Marcos declared the third week of September as a
celebration of the medical technology profession."

On July 15, 1975, PAMET was accredited by the Professional

Regulation Commission (PRC) as the professional organization of
medical technologists. Since then, PAMET was officially recognized as
the only accredited professional organization (APO) of RMTs in the
Philippines. PAMET was registered with the International Association of

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Medical Laboratory Technologists (IAMLT) in 1970 and gained

membership in the ASEAN Association of Medical Laboratory
Technologists (AAMLI) in 1985.

On November 22, 1989, PAMET formally adopted its official hymn,

"Beloved PAMET," which was written by Hector G. Gayares, Jr. and set
into music by Francis Jerota Pefanco. Both were students of the
Philippine Union College (PUC) at the time of composition.

In the last decade, the focus of PAMET has been on increasing its
membership and establishing its chapters. The publication LAB NEWS,
which was the official publication of PAMET, had its inaugural issue. Its
title was later changed to PAMETLINK

For almost 60 years, PAMET. has represented all laboratory scientists

in uplifting the profession in the Philippines. In the PRC Resolution No.
2018-1059, series of 2018, it reiterated that PAMET is the only
accredited professional organization of medical technologists
recognized here in the Philippines.

The list below are the past presidents and the incumbent president of
PAMET.

Term President Advocacy

1963-1967 Charlemagne T. Tamondong Emergence of the
Profession
1967-1970 Nardito D. Moraleta Professional
Recognition
1970-1971 Felix E. Asprer Legislative Agenda
1971-1973 Bernardo T. Tabaosares Celebration of the
Profession.
1973 Angelina R. Jose Career Advocacy
1977-1981 Venerable Oca Educational
Enhancement
1982-1991 Carmencita P. Acedera Image Building
1992-1996 Marilyn R. Atienza Proactivism
1997-2000 Norma N. Chang International
Leadership

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2001-2002 Agnes B. Medenilla Organizational

Dynamism
2003-2004 Shirley F. Cruzada Interdisciplinary
Networking
2005-2006 Agnes B. Medenilla Organizational
Dynamism
2007-2013 Leila M. Florento Global Perspective
2013-2015 Romeo Joseph J. Ignacio Golden Celebration
2015- Rolando E. Puno Empowerment
present

The Philippine Association of Schools of Medical Technology and

Public Health (PASMETH)

PASMETH is the national organization of all recognized schools and

colleges of medical technology and public health in the Philippines.
Established on May 13, 1970, PASMETH continually seeks to improve
the quality of education in the field of clinical laboratory science.

The first organizational meeting was held at the University of Santo

Tomas on June 22, 1970. Dr. Gustavo U. Reyes was elected as the first
president. On May 17, 1971, PASMETH had its first annual meeting at
the same university. PASMETH was formally registered with the
Securities and Exchange Commission as a non-stock and non-profit
entity on October 6, 1985.

In order to upgrade the quality of graduates, the Medical Technology

Board established mutual relations with PASMETH in developing and
updating the course syllabi to improve the performance of schools in the
licensure examinations."

PASMETH strives to:

a) Encourage a thorough study of the needs and problems of

medical technology education and to offer solutions for them
b) Work for the enhancement and continuous development of
medical technology education in order that the profession will
be of maximum service to the country

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c) Take a united stand in matters which affect the interests of

medical technology education
d) Seek advice, aid, and assistance from any government or
private entity for the fulfillment of the association's aims and
purposes

The Philippine Society of Medical Technology Students

(PHISMETS)

PHISMETS is the national organization of medical technology students.

It is under the supervision of PASMETH president and under the
administration of the Committee on Student Development of PASMETH.

PHISMETS is a special program that serves as a transforming venue

for the integral and holistic development of medical technology/medical
laboratory science students. The organization aims to3":

a) Organize a central body that coordinates all the activities

pertinent to medical technology student development
b) Promote the growth and development of all medical technology
students
c) Promote and stimulate the exchange of best practices in
medical technology through international, national,
regional/provincial, and local conferences, seminar workshops,
colloquia, and meetings
d) Promote, stimulate, and support student research in medical
technology and related fields
e) Provide an information network and monitoring system of
activities in the medical technology academic community, both
in the local and national scene

The membership/affiliation to PHISMETS-National is, however, in effect

for the respective semester or school year only.

Ms. Carina Rodriguez