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INTRODUCTION TO LEGAL STUDIES AND among three institutions: executive,

HISTORICAL PERSPECTIVE OF MEDICAL legislative, and judicial.


TECHNOLOGY PROFESSION

3 Institutions of the Constitution


CHED MEMORANDUM ORDER 13 SERIES 1. The Executive branch – headed by the
2017 president, enforces the laws;
 Philippine Medical Technology Laws and
Bioethics 2. The Legislative branch – made up of the
 3 unit subjects = 3 lecture hours House of Representatives and Senate
 10% - Philippine Licensure for Medical (collectively called Congress) – makes
Technologist together with the the laws;
Histopathologic & Cytopathologic
Techniques and Laboratory 3. The Judicial branch – (through the
Management Supreme Court and lower courts
 R.A 5527 and other related medical established by Congress), also called the
technology/medical laboratory science judiciary, interprets the laws.
laws, amendments and administrative
orders.
 Bioethics: Principles and Basic Concepts
LEGAL PROFESSION
OVERVIEW LAW – means any rule of action or any system of
Having been under the colonial rule of Spain uniformity. It is also defined as a system, rules,
and subsequently the United States, it is not and regulations which are enforce through
surprising that the Philippines would base much acts, constitutions, and codes to govern the
of its laws and court system on the Spanish and conduct of men for an organized society.
American models.

 The Revised Penal Code (law which


General groups of the Law
defines and punishes crimes), for
1. Law which is promulgated and enforced
example, is mostly derived from Spanish
by the state. It refers for what is known.
criminal law.
(State Law)

 Laws affecting commerce (such as


2. Law which is not promulgated and
negotiable instruments, banks,
enforced by the state. It includes divine
corporations and securities), on the other
law, moral law, and physical law. (Non-
hand, are of American origins. In fact,
jural Law)
the Philippine Constitution itself is
modeled after the US Constitution.

Sub-disciplines of Law
 Understanding the government structure
1. State Law/Jural Law – the law that is
of the Philippines is essential in getting a
promulgated and enforced by the state.
clear picture of the Philippine legal
It is also called as positive law, municipal
system.
law, civil law, or imperative law. It is the
law we refer to when we speak of law in
 Under the Constitution, governmental
administration of justice, the conduct of
powers in the Philippines is divided
elections and the entire governmental

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process itself. It covers the Constitutional explain the law and carry into effects its
Law, Crime Law, Private Law and general provisions.
Commercial Law.
4. Judicial Decisions or Jurisprudence –
2. Divine Law – is the law of religion and decisions of superior court on a point of
faith concerns on the concepts of sin law are binding on all subordinate courts.
and salvation. It is embodied by the Ten Applying or interpreting the laws of
Commandments from the Old Testament constitutions from part of the legal system
of the Bible. of the Philippines.

3. Natural Law – it is defined as the divine 5. Custom – consists of those habits and
inspiration in man of the sense of justice, practices which through long and
fairness and righteousness. It is regarded uninterrupted usage have become
as the reasonable basis of state law. acknowledge and approved by society
(where bioethics/ethics resides) as binding rules of conduct. It must be
proved as a fact according to the rules
4. Moral Law – it is an unstable law. It is refer of evidence.
as the totality of the norms of good and
right conduct growing out of the 6. Other sources – it includes the principles
collective sense of right and wrong. of justice and equity, decision of foreign
tribunals, opinions of text writers and
5. Physical Law – it is a stable law, there are religion.
uniformities of actions and orders of
sequence which are the physical
phenomena that what we sense and CLASSIFICATION OF LAW
feel. Laws of physical science or physical
law.
As to its Purposes
1. Substantive Law – portion of the body of
Sources of Law law creating and defining rights and
1. Constitution – the written instrument by duties which may be either public or
which fundamental powers of private in character. The good example
government are established, limited, and is the law on obligations and contracts.
defined. Since it was promulgated by the
people, it is the fundamental, basic, and 2. Adjective Law/Remedial
supreme law of the land. Law/Procedural Law – body of law
prescribing the manner or procedure by
2. Legislation – consists in the declaration of which rights may be enforced or their
legal rules by a competent authority. violations redresses. (reviewed laws
Enacted Law or Statute Law are the acts applicable for current situation of a
passed by the legislature person and/or country)
(congress/senate).

3. Administrative or Executive Orders, As to its Subject Matter


Regulations and Rulings – issued by 1. Public Law – or the body of legal rules
administrative officials under legislative which regulates the rights and duties
authority. It is intended to clarify or
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arising from the relationship of the state Walters – defined medical technology or
to the people. clinical laboratory science “as the health
 Criminal Law – defines crimes and profession concerned with performing
provides for their punishment. laboratory analyses in view of obtaining
 International Law – governs the information necessary in the diagnosis and
relations among the treatment of disease as well as in the
nations/states. (where maintenance of good health.
international court ruling exist)
According to Republic Act 5527 – it is defined as
 Constitutional Law – governs the
an auxiliary branch of laboratory medicine
relations between the state and its
which deals with the examination by various
citizens.
chemical, microscopic, bacteriologic, and
other medical laboratory procedures or
2. Private Law – regulates the relations of
technique which will aid in the physician in the
individuals with one another for purely
diagnosis, study, and treatment of disease and
private ends. The law on obligations and
in the promotion of health in general.
contracts comes under this heading
because it deals with the rights and All in all Medical Technology is a part of the
obligations of contracting practices only. health technology, which encompasses a
 Civil Law – governs the relation wide-range of health care products and, in one
between organizations and way or another, is used to diagnose, monitor, or
individuals. (where labor/family treat every disease or condition that affects
code exist) humans.
 Mercantile Law/Commercial Law
– governs the rights, relations, and
conduct of persons and HISTORICAL PERSPECTIVES
businesses engaged in
commerce, merchandising,
trade, and sale. (business law, Early History: Ancient Laboratory Practices
what business man should know) (400 B.C.)
 Civil Procedure – provide the  In the year 460 B.C. when the Greek,
means by which private rights physician Hippocrates also known as the
may be enforced. father of medicine formulated the
famous Hippocratic Oath, the code of
ethics for practicing physicians.
DEFINITIONS OF MEDICAL TECHNOLOGY
Medical technology as defined by Ruth  Hippocrates – described four “humors” or
Heinemann (1963) – is “the applications of bodily fluids in man namely the blood,
principles of natural, physical, and biological phlegm, yellow bile, and black bile.
sciences to the performance of laboratory These four humors or body fluids were felt
procedures which aid in the diagnosis and to be the sources of a person’s
treatment of diseases.” disposition and disease in ancient times.
Anna Fagelson (1961) – defined it as “the He analyzed urine and wrote a book
branch of medicine concerned with the “UROSCOPY” to aid in his diagnosis.
performance of laboratory determinations and
analyses used in the diagnosis and treatment of  The Greek are able to detect sugar on
the disease and the maintenance of health. the urine.

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 In the year 1500 B.C. a medical classify bacteria according to shape. His
technologist named Vivian Herrick invention led to the rapid progress of
traces the beginning of medical microbiology and pathology. As science
technology when the intestinal parasites progressed, laboratory tests were greatly
such as Taenia and Ascaris were first improved.
identified.
 In 1848, Herman Fehling performed the
 Ebers Papyrus – believed that medical first quantitative test for urine sugar. At
technology began when a book for the same time, the rapid advancement
treatment of disease published, this book of our chemistry laid the ground work for
also contained the description of the the development of our modern clinical
three stages of hookworm infection and chemistry.
the disease it could produce to human.
 Athanasius Kircher – a Jesuit priest – used
the microscope to investigate the
Medieval Laboratory Practices (16th – 18th diseases.
Century)
 Another person in named Ruth Williams  Robert Hooke – English Philosopher,
believe that medical technology began architect, and polymath – published
from the medieval period as supported Micrographia which featured illustration
by the fact that urinalysis was a fad. of his observations using microscope.

 Early Hindu doctors made the “scientific  Marcello Malphigi – Italian microscopist –
observation” that the urine of certain investigated the embryology of chicks
individual attracted ants, and that such and the histology and physiology of the
urine has a sweetish taste. glands and viscera.

 In the 14th century, Anne Fagelson  Jean Baptiste van Helmont – Belgian
believe that the medical technology mystic – developed the gravimetric
started when a prominent Italian doctor analysis of urine.
at the University of Bologna employed
Alessandra Giliani to perform different  Frederick Dekkers – Medical Doctor –
tasks in the laboratory, unfortunately she prescribed the protein in urine.
died due to laboratory acquired
infection.  Richard Lower – English Physiologist –
performed the first blood transfusion in
 Zacharias Janssen – a Dutch spectacle animals.
maker open the door for the scientist
who wanted to explore the disease  William Hewson – English Physiologist –
causation. Making microscope 9x described the process of coagulation.
magnification. Medical technology then
developed as the years passed.  Francis Home – Medical Doctor –
developed the yeast test for sugar in
 In 1632, Anton Van Leeuwenhoek diabetic urine.
invented and improved the compound
microscope. He was the first to describe
red blood cells, to see protozoa, and to
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 Matthew Dobson – Medical Doctor –  The World War ended on September
Identified sugar in the blood and urine in 1945, and barely a month after, the
diabetics. laboratory was formerly re-organized by
Dr. Alfredo Pio de Roda and is assisted by
 John Snow – Father of Field Epidemiology Dr. Mariano Icasiano who was then the
– by detecting the source of cholera in Manila City Health Officer. The
London. laboratory was later named Manila
Public Health Laboratory.

Beginning of the Practice of Medical  A training program for individuals aspiring


Technology in the Philippines (19th Century) to become laboratory workers was
 World War II is the most widespread war offered in 1947 by Dr. Pio de Roda, in
that occurred from 1939 to 1945. On the collaboration with Dr. Prudencia Sta.
day Pearl Harbor was invaded by Japan Ana. Trainees were mostly high school
(December 7, 1941) three days after graduates and paramedical graduates.
Japan invaded Philippines causing wrath The training proved to be ineffective
of the US. The war between the two rivals because the trainees were never
was very grace. Sickness and death due motivated and there was no program
to illnesses were rampant. that was supposed to last for a definite
period and no certificates were issued to
 In 1994, US bases were built in Leyte trainees
(around 75 miles away from Manila Bay).
This made possible for the US to bring in  Realizing this, Dr. Pio de Roda instructed
members of health care team to the Dr. Sta. Ana to prepare a formal syllabus
Philippines to resolve the health problems of the training program. In 1954, the
of soldiers and Filipinos. training began using a syllabus and it was
to last for 6 months. A short while after Dr.
 Real medical facilities were made Briones joined the two. The training
available to the Philippines, which program offered by Dr. Pio de Roda did
includes the 26th Medical Laboratory of not last long, for during the same year,
the 6th US Army. The said laboratory was the formal education of Medical
located as Quiricada, Sta. Crus, Manila, Technology in the Philippines began.
but now known as the Public Health
Laboratory, a division of the Manila  Manila Sanitarium and Hospital began
Health Department. As early as February July 1929 as a clinic and was managed
of that year, a training of civilians to by Dr. Horace A. Hall, a medical
become members of the health care missionary. The demand for its services
team was already being done. increased by 1940 after/between the
World War II. The building was renovated
 The 6th US Army left the laboratory on after the WWII around 1946 – 1949.
June 1945. The Laboratory was endorsed
to the National Department of Health but  In 1954, Manila Sanitarium and Hospital
the department did not seem to be under the leadership of Dr. Elvin Hedrick
interested in pursuing the objectives of and Mrs. Willa Hedrick opened the first
laboratory. school of Medical Technology, offers
internship in Loma Linda University in
California USA.
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regulations pertaining to the same
 The School was absorbed by the should be compiled with.
Philippine Union College (PUC), now the
Adventist University of the Philippines. 2. Labor Laws – Omnibus Implementing
Leaving its facilities for its clinic. Rules and Regulations, which considers
the existence of employer and
employee relationship.
FORMAL EDUCATION IN MEDICAL
TECHNOLOGY/MEDICAL LABORATORY 3. Criminal Laws – medical technology
SCIENCE professional who commits an offense
 Over 90 schools in the Philippines offers can never be denied due process and
Bachelor of Science in Medical equal protection.
Technology/Bachelor in Medical
Laboratory Science (BSMT/BMLS). 4. Constitution of the Philippines – since the
medical technologist are Filipino whether
 Over 15 – 20 School offers graduate natural-born or naturalized, he or she
school program: MS Medical Technology enjoys the Bill of Rights.
and MS Medical Laboratory Science.
5. Professional ethics – medical
 Only 1 school offers Doctor of Philosophy technologist is mandated to perform or
in Medical Technology (UST) observe the Code of Professional Ethics
at all times from the time he/she receives
 University of the Philippines – Manila and his/her license.
Visayas offers BS Public Health
6. CHED Memorandum Orders
 Master of Public Health – thesis or non-
thesis (elective specialization tracking) 7. Professional Organizations
numerous schools offers the degree
same with MSPH/DrPH
REPUBLIC ACT 5527: THE MEDICAL
 MS Public Health – thesis program with TECHNOLOGY ACT OF 1969 (AMENDED BY
specialization. RA 6132, PD 498, PD 1534)

 Doctor of Public Health – dissertation


program. PRELIMINARY PROVISIONS

HALLMARKS OF MEDICAL TECHNOLOGY Section 1: Title


PROFESSIONAL PRACTICES This act may be also cited as the Philippine
Medical Technology Act of 1969

The Professional Practice of the Medical


Technology in the Philippines is governed by Section 2: Definition of Terms
1. Pertinent Laws – existing laws of the land As used in this act, the following terms shall
mandate the professional practice of mean:
medical technology. The rules and

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A. Practice of Medial Technology – A standards, stains and others are
person shall be deemed to be in the exclusively for the use of their
practice of medical technology within laboratory;
the meaning of this Act, who shall for a
fee, salary, or other compensation or 7. Clinical laboratory quality control;
reward paid or given directly or indirectly
through another, renders any of the 8. Collection and preservation of
following professional services for the specimens;
purpose of aiding the physician in the
diagnosis, study, and treatment of
disease and in the promotion of health in Provided, That any person who has
general: passed the corresponding Board
examination for the practice of a
1. Examination of tissues, secretions and profession already regulated by
excretions of the human body and existing law, shall not be subject to the
body fluids by various electronic, provisions of the last four preceding
chemical, microscopic, paragraphs if the performance of such
bacteriologic, hematologic, acts or services is merely incidental to
his profession.
serologic, immunologic, nuclear, and
other laboratory procedures and
techniques either manual or BS Public Health graduate – shall
automated; undergo review and training in Clinical
Laboratory for at least 1 year
2. Blood banking procedures and
techniques; B. Pathologist – A duly registered physician
who is specially trained in methods of
3. Parasitologic, Mycologic and laboratory medicine, or the gross and
Microbiologic procedures and microscopic study and interpretation of
techniques; tissues, secretion and excretions of the
human body and its functions in order to
4. Histopathologic and diagnose disease, follow its course,
Cytotechnology; provided that determine the effectivity of treatment,
nothing in this paragraph shall inhibit ascertain cause of death and advance
a duly registered medical laboratory medicine by means of research.
technician from performing
histopathologic techniques and He or she must be a diplomate or
procedures. fellow in Philippine Society of
Pathologist in Clinical Pathology and
Anatomic Pathology
5. Clinical research involving patients or
human beings requiring the use of
C. Medical Technologist - A person who
and/or application of medical
engages in the work of medical
technology knowledge and
technology under the supervision of a
procedures;
pathologist or licensed physician
authorized by the Department of Health
6. Preparations and standardization of
in places where there is no pathologist
reagents, standards, stains and
and who having passed the prescribed
others, provided such reagents,
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course (Bachelor of Science in Medical Section 3: Council of Medical Technology
Technology/Bachelor of Science in Education and It’s Composition
Hygiene) of training and examination is There is hereby established a Council of
registered under the provision of this Act. Medical Technology Education, hereafter
referred to as Council, which shall be
BS Hygiene is the former name of BS composed of:
Public Health offered in UP Manila and
1. the Director of Higher Education as
UP Visayas
Chairman;

D. Medical Laboratory Technicians - A 2. the Chairman of the Professional


person certified and registered with the Regulation Commission as Vice-
Board as qualified to assist a medical Chairman;
technologist and/or qualified pathologist
in the practice of medical technology as 3. Director of the Bureau of Research and
defined in this Act. Laboratories of the Department of
Health, Chairman and two (2) members
E. Accredited Medical Technology Training of the Board of Medical Technology, a
Laboratory - A clinical laboratory, office, representative of the Deans of Schools of
agency, clinic, hospital or sanitarium duly Medical Technology and Public Health,
approved by the Department of Health and the Presidents of the Philippine
or its authorized agency. Society of Pathologists and the Philippine
Association of Medical Technologists as
F. Recognized School of Medical members.
Technology - Any school, college, or
university which offers a course in
Medical Technology approved by the Section 4: Compensation and Travelling
Department of Education in Expenses of Council Members
accordance with the requirements For every meeting actually attended, the
under this Act, upon recommendation of Chairman shall be entitled to a fifty pesos
the council of medical technology (P50.00) per diem while the members shall be
education. entitled to twenty-five pesos (P25.00) each
regardless of whether or not they receive
G. Council - The council of medical regular salaries from the government. In
technology education established under addition, the Chairman and members of the
this Act. Council shall be entitled to traveling expenses in
connection with their official duties.
H. Board - The Board of Examiners for
Medical Technology established under
this Act. Section 5: Functions of the Council of
Medical Technology Education
The functions of the Council shall be:
FUNCTIONAL PROVISIONS: COUNCIL ON
A. To recommend the minimum required
MEDICAL TECHNOLOGY EDUCATION
curriculum for the course of medical
technology.

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B. To determine and prescribe the number Section 6: Minimum Required Course
of students to be allowed to take up the The medical technology course shall be at least
medical technology course in each four years, including a 12-month satisfactory
school, taking into account the student– internship in accredited laboratories, and shall
instructor ratio and the availability of include the following subjects:
facilities for instruction.
English Physiology
C. To approve medical technology schools Spanish Clinical Parasitology
meeting the requirements and Social Science General Pathology
recommend closure of those found to be General Zoology College Physics
substandard. Botany General Chemistry
Mathematics Qualitative Chemistry
D. To require all medical technology Biochemistry Microbiology
schools to submit an annual report, Gross Anatomy Biostatistics
including the total number of students Histology Quantitative
and instructors, list of facilities available Chemistry
for instruction, a list of their recent
graduates and new admissions, on or
 Clinical Laboratory methods including:
before the month of June.
Hematology Applied
Microbiology
E. To inspect, when necessary, the different
Serology Parasitology
medical technology schools in the
Blood Banking Histopathologic
country in order to determine whether a
techniques
high standard of education is
Clinical Cytotechnology
maintained in said institutions.
Microscopy

F. To certify for admission in to an


undergraduate internship students who The Council is hereby authorized, subject to
have satisfactorily completed three the approval of the Secretary of Education to
years of the medical technology course change, remove from or add to the subjects
or its equivalent and to collect from said listed above as the needs and demands of
student the amount of five pesos each progress in the science of medical
which money accrue to the operating technology may require.
fund of the Council.

G. Formulate and recommend approval of


refresher course for applicants who shall Section 13: Accreditation of Schools of
have failed the Board Examination for Medical Technology and of Training
the third time. Laboratories
Upon the recommendation of the Medical
H. To promulgate and prescribe and Technology Board, the Department of
enforce necessary rules and regulations Education and Culture shall approve schools of
for the proper implementation of the Medical Technology in accordance with the
foregoing functions. provisions of this Act, as amended, in
conjunction with the Board of Medical
Technology.

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 The Department of Health through the serve until the expiration of their terms. In
Bureau of Research and Laboratories case of death, disability, or removal of a
shall approve laboratories for member of the Board, his successor shall
accreditation as training laboratories for serve only the balance of his term.
medical technology students or
postgraduate trainees in conjunction
with the Board of Medical Technology. Section 8: Qualification of Examiners
No person shall be appointed as member of the
 The laboratories shall show satisfactory Board of Examiners for Medical Technology
evidence that they possess qualified unless he or she is:
personnel and are properly equipped to
carry out laboratory procedures 1. Is a Filipino citizen;
commonly required in the following
fields: Clinical Chemistry, Microbiology, 2. Is of good moral character;
Serology, Parasitology, Hematology,
Blood Banking, Clinical Microscopy, and 3. Is a qualified Pathologist, or a duly
Histopathologic techniques, and that the registered Medical Technologist of the
scope of activities of said laboratories Philippines with the degree of Bachelor
offer sufficient training in said laboratory of Science in Medical
procedures. Technology/Bachelor of Science in
Hygiene/Public Health;

4. Has been in practice of laboratory


FUNCTIONAL PROVISIONS: MEDICAL
medicine or medical technology for at
TECHNOLOGY BOARD EXAMINERS
least ten years prior to his appointment,
and
Section 7: Medical Technology Board
There is hereby created a Medical Technology 5. Is not a member of the faculty of any
Board under the Professional Regulation medical technology school for at least
Commission, which shall thereafter be referred two (2) years prior to appointment or
to as the board composed of: having any pecuniary interest direct or
indirect in such institution: Provided,
 A Chairman who is a Pathologist; and however, That for the first three years
following the approval of this Act, the
 Two (2) members who are registered requirements mentioned in number four
medical technologists who shall be (4) shall be reduced to five years.
appointed by the President of the
Republic of the Philippines upon
recommendation of the Professional
Section 9: Executive Officers of the Board
Regulation Commission.
Section 10: Compensation of Members of the
Medical Technology Board Examiners
 The Chairman and members of the  COMMISSIONER OF THE CIVIL SERVICE
Board shall hold office for three (3) years
after appointments or until their  Each member of the Board shall receive
successors shall have been appointed as sum of ten pesos for each applicant
and duly qualified: Provided, that the examined and five pesos for each
incumbent members will continue to

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applicant granted a certificate of in accordance with R.A. No. 4655 and
registration without examination. 1517;

H. To prescribe the qualifications and


Section 11: Functions & Duties Performed training of medical technologists as to
The Board is vested with authority and required, special fields of the profession and
conformably with the provision of this Act, to: supervise their specialty examination
conducted by the professional
A. Administer the provisions of this Act; organization of medical technologists
accredited by the Professional
B. Administer oaths in connection with the Regulation Commission;
administration of this Act;
I. To classify and prescribe the qualification
C. Issue, suspend and revoke certificates of and training of the technical staff of
registration for the practice of medical clinical laboratories as to: Medical
technology and medical laboratory Technology; Medical Technologist;
technician; Senior Medical Technologist; Medical
Technologist and Medical Laboratory
D. Look into conditions affecting the Technician
practice of medical technology in the
Philippines and, whenever necessary,
adopt such a measure may be deemed
Section 12: Removal of the Board of
proper for the maintenance of good Members
ethic and standards in the practice of Any member of the Board may be removed by
medical technology;
the President of the Philippines for neglect of
duty, incompetency, malpractice or
E. Investigate such violations of this Act or unprofessional, unethical, immoral or
of the rules and regulations issued dishonorable conduct after having been given
thereunder as may come to the
opportunity to defend himself in a proper and
knowledge of the Board and, for this administrative investigation: Provided, that
purpose issue subpoena and subpoena during the process of investigation, the
duces tecum to secure appearance of
President shall have the power to suspend such
witnesses and production of documents
member under investigation and appoint a
in connection with charges presented to temporary member in his place.
the Board; and

F. Draft such rules and regulations as may


FUNCTIONAL PROVISIONS: MEDICAL
be necessary to carry out the provisions
of this Act: Provided, that the same shall
TECHNOLOGY BOARD EXAMINERS
be issued only after the approval of the
President of the Philippines; Section 14: Inhibition Against the Practice of
Medical Technology
G. To determine the adequacy of the No person shall practice or offer to practice
technical staff of all clinical laboratories medical technology as defined in this Act
and blood banks before they could be without having previously obtained a valid
licensed with the Department of Health certificate of registration from the Board

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provided that registration shall not be Required Technology or Bachelor of Science in
of the following: Public Health conferred by a recognized
school, college or university in
A. Duly registered physicians.
accordance with this Decree or having
graduated from some other profession
B. Medical technologist from other
and has been actually performing
countries called in for consultation or as
medical technology for the last five (5)
visiting or exchange professors to
years prior to the date of the
colleges or universities: Provided, they
examinations, if such performance
are only practicing the said function.
began prior to June 21, 1969.

C. Medical technologists in the service of


the United States Armed Forces stationed
Section 17: Scope of Examination
in the Philippines rendering services as
such for members of the said forces only. The examination questions shall cover the
following subjects with their respective relative
weights:

FUNCTIONAL PROVISIONS: MEDICAL  Clinical Chemistry ............................... 20%


TECHNOLOGY LICENSURE EXAMINATION
 Microbiology & Parasitology .............. 20%

Section 15: Examination  Hematology …..................................... 20%


Except as otherwise specifically allowed under
the provision of this Act, all applicants for  Blood Banking & Serology .................. 20%
registration as medical technologist shall be
required to undergo written examination which  Clinical Microscopy (Urinalysis and other
shall be given by the Board annually in the body fluids)..……….............................. 10%
greater Manila area, Cebu, and Davao during
the month of August or September on such days  Histopathologic Techniques,
and places as the Board may designate. Cytotechnology, Medical Technology
Written notices of such examination shall be Laws, Related Laws and its implementing
published in at least three newspapers of rules, and the Code of Ethics ........….. 10%
national circulation by the Secretary of the
Board of least thirty days prior to the date of
examination. The Board shall prepare the schedule of
subjects for examination and to submit the
same to the Commissioner of the Professional
Regulation Commission for publication at
Section 16: Qualification of Examiner
least thirty (30) days before the date of
Every applicant examination under this Act,
examination. The Board shall compute the
shall, prior to the date thereof, furnish the Board general average of each examinee
satisfactory proof that he or she: according to the abovementioned relative
A. Is in good health and is of good moral weights of each subject. Provided, however,
that the Board may change, add to or
character;
remove from the list of subjects or weights
above as progress in the science of Medical
B. Has completed a course of at least four Technology may require, subject to the prior
(4) years leading to the degree of approval of the Professional Regulation
Bachelor of Science in Medical
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Commission, and publication of the change Technologist to practice within its territorial limits
or amendment at least three (3) months prior on the same as the subject or citizens of said
to the date of examination in which the same country or state.
is to take effect.

FUNCTIONAL PROVISIONS: BOARD


CERITIFICATIONS
Section 18: Reporting of a Rating
The Board shall, within one hundred and twenty
days after the date of completion of the Section 20: Oath Taking
examination, report the result thereof to the All successful examinees shall be required to
Commissioner of Civil Service, who shall submit take a professional oath before the Board or
such result to the President of the Philippines for before any person authorized to administer
approval. oaths prior to entering upon the practice of
medical technology in the Philippines.

Section 19: Rating on Examination


 In order to pass the examination, a Section 21: Issuance of the Certificate of
candidate must obtain a general Registration
average of at least seventy-five percent  Every applicant who has satisfactorily
in the written test, with no rating below passed the required examination for
fifty percent in any of the major subjects: medical technologist shall be issued a
Provided, That the candidate has not certificate of registration as such:
failed in at least sixty percent of the Provided, That no such certificate shall
subjects computed according to their be issued to any successful applicant
relative weights. who has not attained the age of twenty-
one (21) years.
 No further examinations, unless and until
he shall have completed 12 months  All certificate shall be signed by the
refresher course in an accredited members of the Board and by the
laboratory: Provided, That graduate of Commissioner of the Professional
paramedical profession other than Regulation Commission. The duly
Bachelor of Science in Medical registered medical technologists shall be
Technology/Bachelor of Science in required to display his certificate of
Hygiene admitted to an examination registration in the place where he works.
under the provisions of this Act shall not
be given further examinations after the  Provided, that upon application filed
provisions of this Act shall be given further and the payment of the required fee of
examinations after his failure to qualify for one hundred and fifteen pesos (P115.00)
the third time. the Board shall issue a certificate of
registration as medical technologist
Section 27: Foreign Reciprocity without examination to persons who
No foreigner shall be admitted to examination, have been graduated with Bachelor of
or be given a certificate of registration or be Science in Medical
entitled to any of the rights and privileges under Technology/Bachelor of Science in
this Act, unless the country or state of which he Public Health in duly recognized schools
is a subject or citizen permits Filipino Medical

ALLORDE, AMANDA DENISE | 2CMT – 1 | TRANSCRIBED NOTES 13


of medical technology in the Philippines attainment may qualify for registration
or in any foreign country, without examination; or

 Provided, That in case of the latter, the 3. Has failed to pass the board examination
standard of medical technology for medical technology but had
education is substantially the same as obtained a general rating of at least 70%.
ours, and in addition shall have been in Provided, finally, that a registered
the practice of medical technology for medical laboratory technician when
at least three (3) years prior to the filing of employed in the government shall have
the application in laboratories in the the equivalent civil service eligibility not
Philippines duly accredited by the lower than second grade.
Bureau of Research and Laboratories,
Department of Health, or in foreign
countries if such performance began Section 22: Fees
prior to June 21, 1969 and also to all other The Board shall charge each applicant for
persons who having graduated from examination and registration the sum of fifty
other professions have been actually pesos for each certificate of registration issued
performing medical technology without prior examination in accordance with
practice for the last eight (8) years prior the provisions of this Act the sum of twenty-five
to filing of the application, pesos; for issuance of a new certificate to
replace certificate lost, destroyed or mutilated,
 Provided, that such performance began the Board shall charge the sum of ten pesos. All
prior to June 21, 1969. such fees shall be paid to the disbursing officer
of the Civil Service Commission who shall pay
Provided, further, that the Board shall likewise
from the receipts thereof, all authorized
issue a certificate of registration as medical
expenses of the Board including the
laboratory technician without examination to
compensation of each member.
any person who upon application and
payment of the required fee of fifty pesos
(P500.00) show evidence satisfactory to the
Board that: Section 23: Refusal to Issue a Certificate
The Board shall refuse to issue a certificate of
1. He or she passed the civil service registration to any person convicted by the
examination for medical technician court of competent jurisdiction of any criminal
given on March 21, 1964; or offense involving moral turpitude, or any person
guilty of immoral or dishonorable conduct, or of
2. Has finished a two-year college course unsound mind, or incurable communicable
and has at least one (1) year of disease, and in such shall be give to the
experience as medical laboratory applicant a written statement setting forth the
technician, Provided, that for every year reason for its action, which statement shall be
of deficiency in college attainment two incorporated in the record of the Board.
(2) years of experience may be
substituted; Provided, further, that an
applicant who has at least ten (10) years Section 24: Administrative Investigation
of experience as medical laboratory
 Administrative investigation shall be
technician as of the date of approval of
conducted by at least two members of
this Decree regardless of his academic
the Board with one legal officer sitting

ALLORDE, AMANDA DENISE | 2CMT – 1 | TRANSCRIBED NOTES 14


during all administrative proceedings,
the respondents shall be entitled to be
Section 26: Reinstatement, Reissue, or
represented by counsel or be heard in
Replacement of the Certificate
person, to have a speedy and public
The Board may, upon application and for
hearing, to confront and cross-examine
reason deemed proper and sufficient, reissue
witnesses against him or her, and to all
any revoked registration certificate. The
other rights guaranteed by the
suspension of a certificate shall be re-issued to
Constitution. The Board may, after giving
the medical technologist concerned upon
proper notice and hearing to the party
request without prejudice to further actions by
concerned reprimand an erring medical
the Board for violation of the provisions of this
technologist or revoke or suspend his
Act or conditions imposed by the Board upon
certificate of registration for causes
the medical technologist during the period of
mentioned in the next preceding section
suspension.
or for causes enumerated in section
twenty-nine (29) of this Act, or for
unprofessional conduct, malpractice,
incompetency, or serious ignorance or CONCLUDING PROVISIONS: PENAL
Gross negligence in the practice of PROVISIONS, CLOSING CLAUSES
medical technology.
Section 28: Roster of Medical Technologist
 No penalty of revocation shall be
A roster of Medical Technologist shall be
imposed unless there is a unanimous vote
prepared annually by the Secretary of the
of all the three members of the Board.
Board, commencing on the year following that
The Board may, by majority vote, impose
in which this Act shall become effective. This
the penalty or reprimand or suspension,
roster shall contain the name, address and
the latter however not to exceed two
citizenship of each registered Medical
years. When the penalty of suspension or
Technologist, date of registration or issuance of
revocation is imposed by the Board the
certificate, and other data which in the opinion
medical technologist shall be required to
of the Board are pertinent. The roster shall be
surrender his certificate of registration
open to public inspection and copies thereof
within thirty days after the decision
shall be mailed to each person included
becomes final, under the pain of
therein, placed on file in the Office of the
perpetual disqualification from the
President, furnished all Department Heads and
practice of medical technology in the
all bureau, offices and instrumentalities of the
Philippines for inexcusable failure to do
Department of Health and to such other offices,
so. The suspension shall run from the date
private or governmental, and to the public
of such surrender.
upon request.

Section 25: Appeal


Section 29: Penal Provision
The revocation or suspension of a certificate
Without prejudice to the provision of the
made by the Board shall be subject to appeal
Medical Act of 1959 as amended relating to
to the Civil Service Commissioner whose
illegal practice of Medicine, the following shall
decision shall become final thirty days after its
be punished by a fine of not less than two
promulgation, unless the respondent within the
thousand pesos nor more than five thousand
same period has appealed to the office of the
pesos, or imprisonment for not less than six
President of the Philippines.
ALLORDE, AMANDA DENISE | 2CMT – 1 | TRANSCRIBED NOTES 15
months nor more than two years, or both, in the Medical Technologist without holding a
discretion of the court: valid certificate of registration;

A. Any person who shall practice Medical


J. Any person or corporate body who shall
Technology in the Philippines without
allow anyone in his employ who is not a
being registered or exempted from
registered medical technologist/medical
registration in accordance with the
laboratory technician to engage in the
provisions of this Act;
practice of medical technology or
recommend for appointment anyone to
B. Any medical technologist, even if duly
the position of medical
registered, who shall practice medical
technologist/medical laboratory
technology in the Philippines without the
technician knowing that he is not
necessary supervision of a qualified
registered as such.
pathologist or physician authorized by
the Department of Health;
K. Any person or corporate body who shall
violate the rules and regulations of the
C. Any medical technologist who shall
Board or orders promulgated by it after
knowingly make a fraudulent laboratory
having been duly approved and issued
report;
by the President of the Philippines upon
recommendation of the Commissioner of
D. Any duly registered medical technologist
Civil Service28 for thepurpose of carrying
who shall refuse or fail, after due warning
out the provisions of this Act.
by the Board to display his certificate of
registration in the place where he works;

Section 30: Separability Clauses


E. Any person presenting or attempting to
All acts, executive, rules and regulations, or
use as his own, the certificate of
parts thereof inconsistent with the provisions to
registration of another;
any persons or circumstances is declare invalid
by a court of competent jurisdiction, the
F. Any person who shall give any false or
remainder of this Act of the application of such
fraudulent evidence of any kind to the
provisions to other persons or circumstances
Board or any member thereof in
shall not be affected by such declaration.
obtaining a certificate of registration as
Medical Technologist;

G. Any person who shall impersonate any Section 31: Repealing Clauses
registrant of like or the same name; All acts, executive, rules and regulations, or
parts thereof inconsistent with the provisions of
H. Any person who shall attempt to use a this Act are hereby repealed: Provided,
revoked or suspended certificate of however, that nothing in this Act shall be
registration; construed as repealing or amending any
portion of the Medical Act of 1959 (R.A. 2382, as
I. Any person who shall in connection with amended by R.A. 4224), the Clinical Laboratory
his name or otherwise, assume, use or Act of 1966 (R.A. 4688), and the Blood Banking
advertise any title or description tending Law of 1956 (R.A. 1517).
to convey the impression that he is a

ALLORDE, AMANDA DENISE | 2CMT – 1 | TRANSCRIBED NOTES 16


Section 32: Effectivity
This Act shall take effect upon its approval.

 Approved: June 21, 1969

LEGAL ISSUES AND CONCERNS IN RA 5527


The legal issues and concerns that should be
addresses in the amendment proceedings of
R.A. 5527 and other Presidential Decrees.

1. Inhibition against the practice of Medical


Technology.

2. Acts of Omission or negligence and


malpractice.

3. Absence of a supervising pathologist.

4. Issuance and revocation of license


certificate of registration.

5. Biohazard pay extended to practicing


medical technologist.

6. Legal assistance extended to aggrieved


medical technologist.

7. Use of techniques by other healthcare


professionals.

8. The claim for ownership.

ALLORDE, AMANDA DENISE | 2CMT – 1 | TRANSCRIBED NOTES 17

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