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MT 107: MED TECH LAWS & BIOETHICS

2nd Semester | A. Y. 2022-2023

RA 5527 & ITS AMMENDMENTS


MS. SHAIRA MAE CUEVILLAS, RMT, CDTA, JD
PRELIM TERM – WEEK 2

OVERVIEW OF RA 5527 to protect the health and physical welfare of


SEC PROVISION the public from risks caused by unlicensed
1 Title practice.
2 Definition of Terms o Nature: Special Penal Law (define crimes,
Council of Medical Technology Education treats of their nature, and provide for
3 punishment). See Sec. 29 RA 5527
(CMTE)
Compensation and Travelling Expenses of o Requires registration of medical
4 technologist In the Philippines.
Council Members
5 Functions of the CMTE o Defines the practice and for other purposes
6 Minimum Required Course relative to the performance of professional
7 Medical Technology Board service. • Amendatory Laws: RA 6138, PD
8 Qualification of Examiners 498, PD 1534
9 Executive Officer of the Board
Compensation of Members of the Board of
10
Examiners of Medical Technology
11 Functions and Duties of the Board Sec. 2: Definition of Terms
12 Removal of Board Members
Accreditation of Schools of Medical
13 Who are deemed to be in the practice of
Technology and of Training Laboratories
Inhibition Against the Practice of Medical medical technology?
14
Technology
15 Examination  Compensation
16 Qualification for Examination  The individual that carries out tasks
17 Scope of Examination related to medical technology for a fee,
18 Report of Rating salary, or other compensation, or
19 Rating in the Examination rewards paid or given directly or
20 Oath Taking indirectly through another.
21 Issuance of Certificate of Registration
22 Fees
 Professional Service
23 Refusal to Issue Certificate
 The person renders any of the
24 Administrative Investigation
professional services as provided by
25 Appeal
Sec. 2 pg. (A) numbers 1-8 of PD 498.
Reinstatement, Reissue, or Replacement
26
of Certificate
27 Foreign Reciprocity  Purpose
28 Roster of Medical Technology  The person performs professional
29 Penal Provision services for the purpose of aiding the
30 Separability Clause physician in the diagnosis, study, and
31 Repealing Clause treatment of diseases and promotion of
32 Effectivity health in general

Can a corporation practice the Medical


Sec. 1: Title Technology Profession?
 A corporation cannot practice medical
technology profession since it is not a
o June 21, 1969 – Effectivity date
natural person who can be issued with a
o Primary Purpose: ensure that the
professional license to practice medical
professional services expected from medical technology.
technologists are to be rendered by  Public policy is universal and based on the
competent and licensed individuals in order notion that the ethics of any profession is

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based upon individual responsibility, CLINICAL LAB PERSONNEL
personal accountability, and
independence, which are all lost if one acts
merely an agent or alter ego of unlicensed  Pathologist
persons or corporations  Duly registered physician certified
by the Board of Pathology as a
clinical or anatomical pathologist or
both.
PROFESSIONAL SERVICE  Head of the clinical laboratory.
 Specially trained in laboratory medicine
gross and microscopic study and
o Section 2(a) Nos, 1-8 interpretation of tissues, secretion and
o EXCLUSIVE excretions of the human body and its
 Other activities that do not fall in any of functions in order to diagnose disease,
the enumerations do not constitute the follow its course, determine the
professional services of medical effectivity of treatment, ascertain cause
technology of death and advance medicine by
means of research.
 A clinical laboratory may only be
headed, administered, directed and
THE CLINICAL LABORATORY supervised by a pathologist, and if
none, by a licensed physician
authorized by DOH.
 Anatomical  Laboratory results may only be
 analysis of surgical specimens, released upon the direction of the
frozen sections, biopsies, cytological laboratory pathologist.
specimens, and autopsies.
(Sections: Cytology, Histology,
Cytogenetics). Two Types:
a. Clinical Pathologist - Direct
most of the divisions in the
 Clinical clinical laboratory. Specialized
 Body fluids, such as blood, bone physicians that diagnose and
marrow, microbiology samples, and monitor diseases based on
urine, are analyzed. laboratory examination of body
(Sections: Hematology, Coagulation, fluids. They provide knowledge
Chemistry, Blood Bank, Serology, and skill in patient and laboratory
Microbiology, Urinalysis, Phlebotomy, information systems and in
and sample processing). quality control and assurance.
They also manage microbiology
and blood banking sections.
General Organization Chart in the Philippines

b. Anatomical Pathologist -
specialized in diagnosing
diseases through examination of
specimens derived from surgical
procedures. Biopsy specimens
are assessed by gross and
microscopic analysis which may
include biochemical,
immunologic, and molecular
methods. They also perform
autopsy (examination of a
deceased body).

 Medical Technologist
 Person engaged in the work of medical
technology under the supervision of
a pathologist (or licensed physician
authorized by DOH in some instances)
 Passed the prescribed course of
training (BSMT, BS in

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Hygiene/Medical Laboratory Science)
 Passed the examination conducted by
NOTE: Functions assumed by Technical Panel
the PRC (Licensed)
and Technical Committee for Medical
 Registered in accordance with RA
Technology Education by virtue of RA 7722
5527. creating CHED (May 18, 1994)

 Medical Laboratory Technician


 Certified and registered with the
Medical Technology Board as SEC. 3: COUNCIL OF MEDICAL TECHNOLOGY
qualified to assist a RMT/pathologist in EDUCATION (CMTE)
the practice of medical technology as
defined by RA 5527 o Composition was amended by PD 1534
 Sec. 21 of RA 5527 - Board shall
o 9 members
likewise issue a certificate of
 Chairman: Chairperson of CHED;
registration as medical laboratory
 Vice-Chairman: Chairman of the
technician without examination
Professional Regulation Commission
provided: (pg a and b are no longer
(PRC)
effective)
 Members:
A. Passed the Civil service
a. The Director of HFSRB of the
examination for medical
DOH
technicians given on March 21,
b. The Chairman and two (2)
1964; or
members of the Board of
Medical Technology (MTB)
B. Has finished a two-year college c. A representative of the Deans of
course and has at least one (1) schools of MT and PH
year of experience as medical (PASMETH)
laboratory technician, Provided, d. President of the Philippine
that for every year of deficiency Society of Pathologists (PSP)
in college attainment two (2) e. President of the Philippine
years of experience may be Association of Medical
substituted; Provided, further, Technologies, as members
that an applicant who has at least (PAMET)
ten (10) years of experience as
medical laboratory technician as
of the date of approval of this
Decree regardless of his SEC. 4: COMPENSATION AND TRAVELLING
academic attainment may qualify EXPENSES OF COUNCIL MEMBERS
for registration without
examination; or
o Amended by PD 498
o Every Meeting:
C. Has failed to pass the board a. Chairman – 50 pesos per diem (day)
examination for medical b. Members – 25 pesos each Regardless
technology but had obtained a of whether or not they receive regular
general rating of at least 70%. salaries from the government
Provided, finally, that a registered o Entitled to travelling expenses in
medical laboratory technician connection with their official duties
when employed in the
government shall have the
equivalent civil service
eligibility not lower than
SEC. 5: FUNCTIONS OF CMTE
second grade.

o A body established under RA 5527 and is


primarily empowered to recommend
minimum required curriculum for the
medical technology program, including:
a. setting of policies, standards, and
guidelines,
Sec. 3-5 b. monitoring compliance
c. evaluating performance of higher
education institutions offering the

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course of BSMT/BSMLS
d. monitors and evaluate prelicensure
requirements of medical technology -Created by a -Created by a
education. specific law general law
Composition The The
composition compositions
CMTE when RA 7722 took effect on May 18, of the council of the TP and
1994 is expressly TC are
 CHED’s authority covers both public and provided by appointed by
private institutions of higher education as the law. CHED.
well as degree-granting programs in all Term of The Office of Ad hoc
post-secondary educational institutions. Office the appointment
 Degree-granting program includes Chairman,
BSMT/BSMLS – thus CHED was vested with Vice-
the power to set minimum standards for Chairman,
programs including BSMT/BSMLS. and Council
 Power of CMTE was effectively assumed Members
by the Technical Panel and Technical hold their
Committee for Medical Technology respective
Education. under ex-
1. Recommendation of minimum required officio
curriculum for MT capacity
2. Setting of policies, standards, and Function Expressly Expressly
guidelines for MT program provided provided
3. Monitoring of compliance and under Sec. 6 under Sec. 12
evaluation of performance of schools of RA 5527 of RA 7722
 HEIs intending to offer BSMT/MLS must first and their
secure Authority to Operate with CHED. respective
appointment
 Technical Panels (TP) papers
 Recommendatory bodies to CHED on
setting minimum standards for  Ex-officio Member
programs and institution of higher  is a member of a body (notably a
learning, board, committee, council) who is part
 assist CHED in setting program of it by virtue of holding another office.
standards, as well as monitoring and
evaluating institutions.
 Composition: Senior specialists or  Ad hoc Committee
academicians appointed by CHED  is a group of people assembled to
address a specific issue.

 Technical Committees (TC)


 Formed to assist Technical Panels and
CHED in conceptualizing policies,
standards, and guidelines for higher
education, including monitoring of
operation and evaluation of HEI’s Sec. 6: Minimum Required Course
performance.
o At least 4 years including 12 -month
internship in accredited laboratories.
o Previously: The Council (CMTE) authorized,
CMTE (RA 5527) vs TP & TC of MT Education subject to the approval of the Secretary of
(RA 7722) Education to change, remove from or add to
TP & TC of the subjects as the needs and demands of
CMTE MT progress in the science of medical
Education technology may require.
Member of The Council The TP are o Present: Since the CMTE recommendatory
Creation is created by created by powers were transferred to the Technical
RA 5527 RA 7722 Panel for MT education, CHED
(Sec. 3) on (Sec. 12) on Memorandum Orders (CMOs) were issued
June 21, May 18, to respond to progress of MTE.
1969 1994. o CMO 14 series 2006 – reduced internship to

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6 months.  Tertiary clinical laboratory (Institution
o CMO 13 series 2017 – prevailing based)
memorandum order that implements Sec. 6  Duly licensed as such by the Health
or RA 5527 and in accordance with RA Facilities and Services Regulatory Bureau
7722. Reverted to 12-month internship (HFSRB)
o minimum curriculum with total of 173 units  Duly accredited by CHED for MT/MLS
effective in the academic year 2018-2019. Internship Program

CMO No. 13 series 2017 (1st – 3rd year) Exception


 32 duty hours per week for 52 weeks  Accredited tertiary category free standing
 Intern shall not be assigned to a 24-hr duty laboratory
 Allowed to take 1 day off per week and one - If the area has limited or no tertiary
more day for medical technology category institution-based clinical
Assessment program and Seminar in their laboratory
respective HEIs
 NO MT/MLS student is allowed to DEGREE ATTAINED AFTER COMPLETION AND
graduate until he has completed all CAREER OPPORTUNITIES
academic and internship requirements

Allied Medical
Specific Profession
Fields
Licensed medical
Public health/
technologists/medical
epidemiology
laboratory scientists
Diagnostic molecular Veterinary laboratory
scientists science
Molecular
Research scientists
biology/biology
Educators Nuclear science
Diagnostic product
Forensic science
specialists
Public health Health administration
practitioners and management
Food and industrial
Health-care leaders
microbiology

Sec. 7-12

4th Year – Clinical Internship SEC. 7: MEDICAL TECHNOLOGY BOARD


 4th year level of BSMT/BSMLS (MTB)
 Duration: 12 months
 Intensive practical and theoretical training in o Amended by PD 498 Section 4
the different sections in the clinical laboratory
o previously known as “Examiners”
 REQUIREMENTS:
a. Completed all course requirements for o First set of officers of the Board (1970) : Dr.
the first 3 years Arturo Tolentino Jr. (chairman); Mr. Felix
b. Physical and laboratory Asprer and Ms. Azucena Vizconde
examinations (with proof of (members)
vaccination against Hepa B) o Official Professional Regulatory board
c. Other requirements of the institution. (PRB) created by RA 5527 but operates
under the PRC
o Primarily tasked to regulate the medical
technology profession
ACCREDITED TRAINING LABORATORY o In conjunction with RA 8981 (The PRC
Modernization Act) – The licensure exam is
given by the MTB
General Rule

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o The Board first administered the exam for examined
MT in September 1970 – only 25% passed. - Receive 5 pesos for each applicant
granted a COR without examination

NOTE: This section is impliedly repealed by RA


MEDICAL TECHNOLOGY BORAD (MTB) 8981 – salary is two grades lower than that of
commissioners of PRC.
Members:
 appointed by the President of the Republic
of the Philippines upon recommendation of
the PRC SEC. 11 FUNCTIONS AND DUTIES OF THE
 3 members BOARD (TRADITIONAL)
a. Chairman - who is a pathologist, and
b. two (2) members who are registered
EXPANDED AUTHORITY under:
medical technologists
RA 8981 – The PRC Modernization Act of 2000
RA 10912 – The CPD Act of 2016

SEC. 8 QUALIFICATIONS OF MTB MEMBERS ADMINISTRATIVE POWER


Concerned with the work of applying the
policies and enforcing the orders as
The following are the requirements to qualify as a
determined by proper governmental organs,
member of MTB:
such as the MTB
1. He/She must be a Filipino citizen.
Traditional Expanded Authority
2. He/She is of good moral character.
Authority (RA 8981 and RA
3. He/She is a qualified pathologist, or a duly
(RA 55278) 10912)
registered medical technologist of the
Philippines with the degree of BS Medical 1. Administer 1. Regulate practice of
Technology/ BS in Hygiene/ Public Health. provisions of RA the profession in
4. He/She has been in practice of laboratory 5527 accordance with the
medicine or medical technology for at least 2. Administer oaths provisions of their
10 years prior to his/her appointment. in connection respective
5. He/She is not a member of the faculty of any with the professional
medical technology school for at least two administration of regulatory laws (RA
years prior to appointment or having any RA 5527 8981)
pecuniary interest direct or indirect in such 3. Determine 2. Monitor conditions
institution. adequacy of affecting the practice
technical staff of of the profession or
all clinical occupation under
laboratories and their respective
blood banks jurisdiction and
SEC. 9 EXECUTIVE OFFICER OF THE BOARD
before they whenever necessary
could be adopt measures as
o Previously: Civil Service Commission licensed with the may deemed proper
o Presently: RA 8981 DOH in for the enhancement
- PRC Modernization Act of 2000 accordance with of the
- PRC has the supervisory power of to RA 4655 and profession/occupation
all PRBs, including the MTB. 1517 and/or maintenance
- MTB operates under the PRC 4. Prescribe of a high
- MTB is primarily tasked to regulate qualifications professional, ethical,
admission in the Medical Technology and training of and technical
Profession medical standards..xxx (RA
technologist as 8981)
to special fields 3. Recommend
of the profession registration without
and supervise examination and the
their specialty issuance of
SEC. 10 COMPENSATION OF MEMBERS OF examination corresponding
BOARD OF EXAMINERS FOR MT conducted by the certificate of
professional registration and
organization of professional
o Each member MT accredited identification card,
- Receive 10 pesos for each applicant by PRC subject to final

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5. Classify and approval by the 2. Draft such rules procedure relating
prescribe the Commission. (RA and regulations as to the CPD as may
qualification and 8981) may be necessary be pertinent and
training of the 4. Prepare, adopt, issue to carry out the applicable to the
technical staff of the syllabi or tables of provisions of this specific profession,
clinical specifications of the Act; provided that provided that the
laboratories as subjects for the same shall be same does not
to: MT, Senior examinations in issued only after contravene the
MT, and Med lab consultation with the the approval of the provisions of this
technician academe; determine President of the Act and IRR
and prepare the Philippines.
questions for
licensure exam; score
and rate the
examination papers; QUASI-JUDICIAL POWER
determine the Grants the MTB with authority to hear and
appropriate passing determine questions of fact to which the
general average legislative policy is to apply and to decide in
rating in the accordance with the standards laid down by
examination if not law itself in enforcing and administering the
provided by law, same law.
subject to the Traditional Expanded Authority
approval of the Authority (RA 8981 and RA
commission (RA (RA 55278) 10912)
8981)
1. Issue, suspend, 1. Hear and
5. Prepare annual
and revoke COR investigate cases
reports of
for the practice of arising from
accomplishments on
MT and Med lab violations of their
programs and
Technician respective laws,
activities of the Board
2. Investigate such rules, and
and make appropriate
violation of this Act regulations issued
recommendations on
or of the rules and thereunder and
issues and problems
regulations issued their Code of
affecting the
thereunder as may ethics. May issue
profession. (RA 8981)
come to the summons and
6. Undertake the overall
knowledge of the subpoenas.
implementation of the
Board and for this Decisions of PRB
CPD program (RA
purpose issue shall, unless
10912)
Subpoena to appealed to the
require appearance commission,
of witnesses or become final and
produce executory after 15
QUASI-LEGISLATIVE POWER documents in days from receipt
“Rule-making power” allows the MTB to make connection with of notice of
rules and regulations, thereby resulting in charges presented judgment or
delegated legislation. to the board decision (RA 8981)
Traditional Expanded Authority 2. Delegate hearing
Authority (RA 8981 and RA or investigations of
(RA 55278) 10912) admin cases filed
1. Look into 1. The PRC and before them
conditions affecting PRBs, in 3. Conduct summary
the practice of MT consultation with proceedings on
in the Philippines the AIPO/APO and minor violations of
and, whenever other stakeholders their respective
necessary, adopt shall promulgate regulatory laws and
such measures the IRR within 6 render summary
that may be mos upon judgment thereon,
deemed proper for effectivity of this unless appealed to
the maintenance of act; the Commission,
good ethics and 2. PRBs may become final and
standards in the prescribe its own executory after 15
practice of MT. requirements or days from receipt

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of notice of
judgment or
b. Simple Neglect of Duty - failure to
decision. (RA
give proper attention to a task
8981)
expected of him/her signifying a
4. 4. After due
disregard of a duty resulting from
process, suspend,
carelessness or indifference.
revoke, or re-issue,
reinstate COR or
Licenses for  Incompetency
causes provided by  incapacity or inefficiency to discharge
law (RA 8981) the required obligations.

 Malpractice
SEC. 12 REMOVAL OF BOARD MEMBERS  any malfeasance or dereliction of duty
committed by a professional.

Requirements for valid removal:


1. Removed by the President of the  Unprofessional conduct
Philippines  failure to uphold the integrity or the
2. Removed for a valid ground (Substantive office by encouraging the wrong
Due Process) perception of their roles as dispensers
3. Must be given an opportunity to defend or peddlers of undue patronage.
him/herself in the administrative investigation
(Procedural Due Process)
 Unethical conduct
 act which violates the rule son ethical
 Administrative investigation code of his profession or which is
 fact-finding summary in nature, without unbecoming a member of that
prejudice, however to the due process profession.
of law. It is used to determine if the
respondent is morally and technically
 Immoral conduct
qualified to be admitted to his/her
 act which violates basic norm of
profession, to practice or continue to
decency, morality, and decorum, and is
practice his/her profession.
condemned by society. It is willful,
flagrant, or shameless conduct which
 Pending investigation shows moral indifference to the
 President can suspend such member opinions of the good and respectable
under investigation and appoint a members of the community, and as an
temporary member in his place. inconsiderate attitude towards good
order and public welfare.

 Investigative body
 Chairperson and Commissioners of  Dishonorable conduct
PRC. Their decision is  act demonstrating lack of honor,
recommendatory in nature and integrity, or good reputation that
subject to the approval of the deviates to a reasonable social
President of the Philippines. recognition of a dignified member of
(General rule: The power to appoint the community.
carries with it the power to remove).

Valid Grounds
 Commission of Irregularities in the
Licensure Exam
 Neglect of Duty  acts which taint or impugn the integrity
a. Gross Neglect of Duty - want of even and credibility of the results of the said
slight care, willfully, and intentionally, examination. (PRC resolution No. 06-
with a conscious indifference to the 342(A) series of 2006).
consequences. It is the omission of
that care that even an inattentive and
thoughtless men never fail to give to
their own property

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Sec. 13: Accreditation of Schools of MT and laboratory –
Training Laboratories not part of
any other
institution
o Amended by PD 1534; RA 7722

Training
School
Laboratories
approved by CHED Approved by
(issued with Authority CHED (issued
to Operate) in with Certificate of
accordance with the Accreditation
requirements of PD valid for 2 years)
1534 The following Sec. 14: Inhibition Against the Practice of
Possible sanctions must be present: Medical Technology
for failure to secure a) Must be
an authority to tertiary clinical
operate from CHED: laboratory o GR: No COR = No practice of MT
(Sec 8 (e) RA 7722): b) Accredited o Exceptions:
a. Program with the a. Duly registered physicians (duly
Termination Health admitted under the Medical Act of the
b. School Facilities and Philippines)
Closure Services b. MT from other countries called in for
Possible sanctions Regulatory consultation or as visiting or
for failure to comply Board exchange professors to colleges or
with the conditions to (HFSRB) of universities as long as the only perform
operate from CHED the DOH the said functions
a. Diminution c) Accredited as c. MT in the service of the US Armed
or training Forces stationed in the Philippines
withdrawal of laboratory rendering services as such said forces
subsidy with CHED only.
b. Downgradin
g of
Exception: CMO
accreditation
c. Withdrawal No. 6 series 2008
- In areas where
of Sec. 15-19
accreditation there are limited
or no tertiary
d. Program
termination category SEC. 15 EXAMINATION
institution-based
e. e. School
closure clinic
laboratories, o modified by RA 8981 – PRC modernization
affiliation of Act
interns can be o Written examination
carried out in an o At present: Twice a year (March and
accredited September)
tertiary category o (RA 5527: August and September)
free standing o Testing Areas: Manila, Baguio, Cagayan De
laboratory. Oro, Cebu, Davao, Iloilo,
Tacloban,Tuguegarao, and Zamboanga
o Accredited o Written notices of examination shall be
Tertiary published in at least 3 newspapers of
Category national circulation by the Secretary of the
Institution Board at least 30 days prior to the
based CL – examination
in a hospital
or school

o Accredited
Tertiary
category
freestanding

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5527 – Foreign Reciprocity Rule

ALLOWED TO TAKE PHILIPPINE BOARD


EXAM, provided he or she establishes to the
satisfaction of MTB and the Commission
that a reciprocity exists for the practice of
MT between the Philippines and his/her state
or country of origin.

 RECIPROCITY IS PRESENT WHEN:


1. The requirements for registration or
licensing in the foreign state or country
are substantially the same as those
required and contemplated by the laws
of the Philippines; and
2. The laws of such foreign state or
country allows citizens of the
Philippines to practice the profession
on the same basis and grant the same
privileges as those enjoyed by the
subjects or citizens of such foreign
state or country.
SEC. 16 QUALIFICATIONS FOR EXAMINATION

o Sec 16 (b) of RA 5527 was amended by PD SEC. 17 SCOPE OF EXAMINATION


498
A. GOOD HEALTH and is of GOOD o Sec. 17 of 5527 as amended by PD 498
MORAL CHARACTER o Section 9(h) of RA No 8981:
B. Has COMPLETED A COURSE OF 4
YEARS leading to the degree of
BSMT or BSPH conferred by a Major Subjects Minor Subjects
recognized school, college, or 20% - Clinical 10% - Clinical
university; or having graduated from Chemistry Microscopy
some other profession and has been 20% - Microbiology (urinalysis and other
actually performing medical technology and Parasitology body fluids)
for the last 5 years prior to the date pf 20% - Hematology 10% -
examinations, if such performance 20% - Immunology Histopathologic
began prior to June 21, 1969 and Serology Techniques,
Cytotechnology,
MTLBE and its IRR,
At present, pursuant to PRC, the requirements
and Code of ethics
to take the PRC board exams:
 Graduate of BSMT or BSPH
 PSA copy of Certificate of live birth;
 PSA copy of Marriage Contract (if married);
 TOR with scanned picture and remarks “for SEC. 18 REPORT OF RATING
board examination purposes”; and
 Payment of examination fee o Sec. 18 RA 5527 – no longer applicable
o Sec. 9 RA 8981 – Prevailing Law
Notes: o Result: Within 10 days from the last day
 3 UNSUCCESSFUL EXAMINATIONS: of examination, unless extended by the
applicant is required to submit a PRC for justifiable cause/s, MTB shall
CERTIFICATE OF COMPLETION of a 12- submit the results in all subjects duly signed
MONTH REFRESHER COURSE from a by the members. It shall be submitted to
school of MT accredited by CHED or a 12- the PRC and the PRC shall submit to the
MONTH POST GRADUATE TRAINING President for approval.
COURSE in an accredited laboratory.

 FOREIGN APPLICANTS - Sec. 27 of RA


SEC. 19 RATING IN THE EXAMINATION

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o Considered PASSED if:  WITHOUT EXAMINTION:
1. General average of at least 75% a. Foreign Reciprocity Rule (as MT)
2. No rating below 50% in any of the b. CSE on March 21, 1964 (as MLT)
major subjects c. 2-year college and has at least 1 year
3. Has not failed in at least 60% of the of exp as MLT/10-year experience as
subjects computed according to their Medical Labtech as of the date of
relative weights approval (as MLT)
o Refresher Course – In order for an d. Failed to pass the MTLE but obtained
examinee to take another exam after he or GWA of 70% (as MLT)
she failed 3 examinations
Who are entitled to a COR?
Note: If the examinee is among those categorized
as OTHER PROFESSIONS (other than
As Medical Technologist:
BSMT/Hygiene/Public Health, he or she cannot
 General Rule – every applicant who has
take further examinations after failing 3 times)
satisfactorily passed the required
examination
 Except
1. although passed, the COR shall be
withheld, if the applicant has not yet
Sec. 20: Oath Taking attained the age of 21 years old.
2. Foreign Reciprocity Rule (sec. 27)
o Mandatory requirement.
o A passer cannot practice MT profession As Medical Lab Technician:
without taking the Oath before the MTB or  Issuance of COR without examination
any person authorized to administer under Sec. 21 (those who are performing the
oaths. practice of MT prior to June 1969) is already
o Professional Oath for Medical technology non-effective.
o Voluntary solemn affirmation to honestly  At present pg 3 is the only mode
accept and faithfully carry out the duties, recognized by the MTB in admitting and
responsibilities, and obligations of a MT. registering MLT.
 PRC directed all PRBs including the MTB to
refuse applications or petitions already filed
for registration without examination where
the period of time for the filing of the
application has exceeded a reasonable
Sec. 21-23 timeframe.

SEC. 21 ISSUANCE OF COR COR of Medical Laboratory Technicians


 Subparagraph No. 3 (with examination
but failed)– presently, this is the only
o Certificate of Registration (RMT/Med lab
mode recognized way to be issued with
technician) COR. (RA 5527 and PRB of MT Resolution
o Signed by MTB and Chairperson of the No. 11 Series of 2011)
PRC  Failed to pass the board exams for
o PURPOSE: Serves as evidence of Medical technologists
Admission to the practice of MT as  But obtained a general rating of at
medical technologist/technician of the person least 70% but lower than 75%
whose name appears therein  Provided, those employed in the
o NATURE: Best proof of eligibility in the government must have the equivalent
field of MT profession CS eligibility not lower than the 2nd
o Required to be displayed in the place of grade.
work, if failed or refused to display after due
warning by MTB, he or she shall receive
appropriate punishment.
 WITH EXAMINATION – for applicants who SEC. 22 FEES
successfully passed the exam for MT and he
or she attained the age of at least 21 years
old (as MT) o Presently: The PRC fixes and collects the
examination fees

RHEYNEILYN JOY F. M. MANALO | 2BSMT2


11
SEC. 23 REFUSAL TO ISSUE COR Rights of Respondent in an Administrative
Case
1. To be represented by counsel or be heard in
o The following are the conditions for person
refusal to issue COR by MTB: 2. To have speedy and public hearing
a) Applicant is convicted or found guilty 3. To confront and cross-examine witnesses
by the Court of competent against him/her
jurisdiction of any grounds 4. All other rights granted by the constitution:
enumerated under sec. 23 a. Right to due process
b) The offense is a criminal offense b. Right to equal protection of law
involving moral turpitude, or found c. Right against unreasonable searches
guilty of immoral or dishonorable and seizures
conduct, or of unsound mind, or d. Right to privacy in communication and
incurable communicable disease. correspondence
c) There is written statement given to e. e. Right to travel
the applicant stating the reason of the
action
Procedure
Complaint  Answer of Counter-Affidavit 
mandatory conciliation  pre-trial  decision

Sec. 24-26 Penalties

SEC. 24 ADMINISTRATIVE INVESTIGATION VOTING


PENALTY
REQUIREMENTS
Reprimand
 Administrative Investigation (Censure) offering
 fact-finding proceeding and is MT
summary in nature. It is non- - Public and
adversarial and only requires formal censure
substantial proof of evidence. It is a or severe
tool to aid the Board in the exercise of reproof. It is
their quasi-judicial function to conduct more than just a
inquiry, hear, and decide cases within warning of
its jurisdiction. admonition. It is
a public and
Parties formal
majority vote of the
 Complaint (complaining party and usually pronouncement
members of the MTB
the offended party) and; made to
 Respondent (defending party or the alleged denounce the
offender) error or violation
committed.
- Serves as a
Grounds warning to the
1. Those enumerated under sec. 29 erring individual
2. Unprofessional conduct as well as to the
3. Malpractice public to prevent
4. Incompetency repeating or
5. Serious Ignorance committing the
6. Gross Negligence same.
7. Violation of MT’s Code of Ethics Suspension COR
8. Violation of Resolutions, policies, and - Temporary
administrative issuances promulgated by cessation of
PRC or the MTB authority to
9. Fraud related to CPD exercise the majority vote of the
profession for a members of the MTB
 Substantial Proof of Evidence certain period of
 Evidence which a reasonable mind time after due
surrender of
would accept sufficient to support a
license.
particular conclusion.

RHEYNEILYN JOY F. M. MANALO | 2BSMT2


12
- Maximum period Effects
of suspension is  Reinstated COR
2 years  Removing restrictions and
Revocation of COR disabilities from previous
- Permanent or revocation or suspension
perpetual  Allowed to exercise profession
cessation of again
authority to
exercise a unanimous vote of
Process
profession after all 3 members of the
a) Revoked COR
due cancellation MTB
1. Application or petition for
of license
Reinstatement
- Most severe
2. Valid and sufficient
form of
justification
disciplinary
3. Favorable endorsement
action
from esteemed individuals
in the community
 Note: Suspension or revocation of COR – b) Suspended COR
the COR shall be surrendered within 30 1. Application or Petition to
days after the decision becomes final. lift order of suspension (if
The PRC ID shall also be surrendered. suspension period not yet
 Inexcusable failure to surrender within 30 served)
days – shall be perpetually disqualified in 2. Compliance and Request
practicing medical technology in the to Lift order of Suspension
Philippines. (if suspension period has
already been served)

 Reissuance
SEC. 25 APPEAL  is a process of releasing forfeited
COR that were duly confiscated by
o Modified by Section 9 (C) of RA 8981 the MTB either thru suspension or
o Appeal - means the elevation by an revocation.
aggrieved party of any decision or award
made by a lower body to a higher entity by Effects
means of a pleading.  Reissuance of COR
o Decision/order/resolution of MTB is
appealable to PRC (no longer to CSC)
o Period: within 15 days from receipt of the Process
decision (no longer 30 days)  Submit Application or petition
o Failure to file appeal within the period for reinstatement or request
for lifting order of suspension
provided will render it final and executory.

Procedure:  Replacement
MTB → (within 15 days) PRC → (within 15 days)  is a process of issuing a copy of the
Court of Appeals → (within 15 days) Supreme OCR in lieu of the lost or damaged
Court COR.

Effects
 Replacement of COR
SEC. 26 REINSTATEMENT, REISSUE OR
REPLACEMENT OF COR
Process
 File application for
o Authority: MTB replacement accompanied with
an affidavit of loss/damage
 Reinstatement
 is a process of restoring a forfeited
privilege to an RMT who was
dishonorably discharged from
practice of medical technology.

RHEYNEILYN JOY F. M. MANALO | 2BSMT2


13
privilege granted to foreign professional to
practice in the Philippines for a limited
period of time, subject to the limitations and
Sec. 27: Foreign Reciprocity conditions provided by law. The following are
qualified for STP:
o KIND OF INTERNATIONAL COMITY - A. FP under reciprocity and other
international agreements
stemmed from respect afforded by one
B. FP to be engaged as consultants in
country to another. Enjoys similar privileges
joint ventures or foreign
in both countries.
funded/assisted projects of the
o Grants privilege to Foreign MT professionals
government
o FOREIGN MT PROFESSIONALS – natural C. FP to be employed by the Philippine or
persons who are citizens of a foreign state or foreign private firms or institutions
country and who are registered and licensed D. FP to engage in humanitarian or
professionals in a state or country other than medical, dental, or surgical missions
the Philippines. This includes former Filipino for limited period of time.
who renounced their Filipino Citizenship or
those who were naturalized as foreign
citizens.
o PRC Memorandum Order No. 3 s 2016 –
Reciprocity must be established if the
following conditions are met: Sec. 28: Roster of Medical Technologist
a) Requirements for registration or
licensing in the foreign state or country o The list, registry, and catalog of all the
are substantially the same as those
RMTs admitted in the practice of the
required and contemplated by the laws
profession in the Philippines.
of the Philippines; and
o Contains the Name, address, citizenship,
b) The laws of such foreign state or
date of registration or issuance of certificate,
country allows citizens of the
and other relevant data.
Philippines to practice the profession
on the same basis and grant the same
privileges as those enjoyed by the
subjects or citizens of such foreign
state or country.
Sec. 29-32
Foreign Reciprocity under RA 8981 (PRC)
o Issued with COR, Professional
Identification Card (PIC), or Special
Temporary Permit (STP) SEC. 29 PENAL PROVISIONS

o Enumeration in Section 29 are criminal acts


WITH WITHOUT
EXAMINATION EXAMINATION that are punished as provided by law.
o Considered as Mala prohibita – wrong
N/A He/She is a
registered or licensed merely because the acts are prohibited by
as a professional law.
under the laws of a
foreign country Is the law has been violated?
a. Requirements for registration or licensing  Good faith and lack of criminal intent is
in the foreign state or country are not considered in determining these
substantially the same as those required violations.
and contemplated by the laws of the
Philippines; and
b. The laws of such foreign state or country Penalties:
allows citizens of the Philippines to  Fine of not less than 2,000 nor more than
practice the profession on the same 5,000,
basis and grant the same privileges as  Imprisonment for not less than 6 months
those enjoyed by the subjects or citizens nor more than 2 years, or
of such foreign state or country.  Both, at the discretion of the court

Other Notes:
 Special Temporary Permits – refers to SEC. 30 SEPARABILITY CLAUSE

RHEYNEILYN JOY F. M. MANALO | 2BSMT2


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SEC. 31 REPEALING CLAUSE

SEC. 32 EFFECTIVITY

o “This Act shall take effect upon its approval.”


o Approved, June 21, 1969.

RHEYNEILYN JOY F. M. MANALO | 2BSMT2


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