Chapter 5

Radiologic Technology Professional Ethics

Nature and Scope of Radiologic Technology Professional Ethics

As a member of the healthcare team, the radiologic technologist is burdened with duties
and responsibilities. A radiologic technologist is an allied health professional. He is a
part of the machinery for the administration of health care.

The radiologic technologist is expected to maintain not only his pro ciency in medical
imaging but also a high standard of morality, honesty, and integrity. In so doing, the
patients' faith and con dence in the healthcare institution are ensured. he must at all
times faithfully perform his duties to the community. Membership in the radiologic
technology profession is a privilege and it demands a high degree of good moral
Character and a continuing requirement for practicing radiologic technology. Hence, at
all times the radiologic technologist bound by ethical principles in his public and private
life.

The rules which govern the ethical behavior of radiologic technologists are the
following:
1. The Philippine Constitution, particularly the Bill of Rights
2. The Civil Code of the Philippines
3. Republic Act No. 7431 also known as the Radiologic Technology Act of 1992
4. The Radiologic Technology Code of Ethics
5. Supreme Court Decisions

Four-fold Duties of Radiologic Technologists

Radiologic technologists must perform their four-fell duties to society; patients;
colleagues, allied health professionals, and health institutions, and to oneself.

The Code of Professional Ethics

Becoming a member of a profession carries a set obligations speci c to that profession.
Similar to medical ethics radiologic and x-ray technology also follow a high standard g
morality and professional obligations. This is called the Professional Ethics for
Radiologic Technologists and X-ray Technologists. It adheres to the moral and ethical
standards t which every radiologic technologist and x-ray technologist must follow. The
code of ethics identi es what colleagues shot expect of each other within a profession
and the public show expect from the professional.

The existing Professional Ethics for the Radiologic Technologists and X-ray
technologists was released to the public in 1993. In section 9 of Republic Act No. 7431
or the Radiologic Act of 1992, it mandates the Professional Regulatory Board to looks
into the conditions affecting the practice and adopt measures to maintain the standards
and ethics of the profession. An update was made to the professional code because of
the advancement in medical imaging technology including technological change, a
growing society consensus on a belief or value, or a cultural shift in society.

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 In developing the revised version of the code, a consultation was done by the Board of
Radiologic Technology with the Philippine Association of Radiologic Technologists,
Philippine Federation of Professional Radiologic Technologists, Association of Deans of
Schools of Radiologic Technology, Department of Health, and selected chief of
radiologic technologists of healthcare institutions in the Philippines.

In 2014, the new code of ethics for the radiologic technologists and x-ray technologists
took effect, entitled, the "Revised Code of Professional Ethics for Radiologic
Technologists and X-ray Technologists". This code of professional ethics has four
articles, namely:

Article 1 - Responsibility to the Public

Article 2 - Responsibility to Patients
Article 3 - Responsibility to Colleagues, Allied Health Professionals, and Health
Institutions
Article 4 - Responsibility to Self

Revised Code of Professional Ethics for Radiologic Technologists and X-ray

Technologists

Article 1. Responsibility to the Public

Section 1. Radiologic Technologists and X-ray Technologists shall acknowledge the
supreme authority of the Philippine Government and shall adhere to the Philippine
Constitution, Republic Act No, 8981, otherwise known as the PRC Modernization Act of
2000, Republic Act No. 7431, or the Radiologic Technology Act of 1992, other pertinent
laws as well as the implementing rules and regulations promulgated pursuant to such
laws.
Section 2. They shall promote public interest and welfare at all times.
Section 3.- They shall observe the highest standards of competence and ethics in the
practice of the profession.
Section 4. They shall be involved in civic affairs by participating in the activities of
relevant organizations to enhance their well-being and that of their community.
Section 5. They shall commit to serving their fellow men, with justice, good faith, and
respect for human rights.

The rst and foremost duty of radiologic technologist is to uphold the Constitution, obey
the laws of the land, and promote respect for the law, and implementing rules and
regulations.

In the realm of ethics for radiologic technologists, the goal standard is fairness.
Accorded dignity demands that they protect the rights and welfare of the people and
communities they serve. Radiologic technologists must be sensitive especially to the
protection of vulnerable populations (i.e. minors, PWD, elderly, indigents) - those at risk
of being exploited by unfair practices All members of society are supposed to have
opportunity in terms of healthcare services.
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 Radiologic technologists must be engaged in relevant organizations to uphold one's
profession for the bene t of self and society. Professional associations offer many
avenues for learning. In addition to information, members are often accorded the
opportunity to stretch one's skill set by practicing new skills among supportive
colleagues. This gives the obligation to serve one's patient with respect, justice, and
good faith.

Article II. Responsibility to Patients

Section 1. Radiologic Technologists and X-ray Technologists shall provide patient care
in accordance with the accepted professional and ethical standards.
Section 2. They shall respect the dignity, privacy, and right to self-determination of the
patients.
Section 3. They shall provide patient care, without discrimination, by reason of age,
race, creed, sex, socioeconomic status, religious or political belief, or nature of disease/
illness.
Section 4. They shall possess such a degree of technical knowledge and skills,
re ective of their competence in the eld.
Section 5. They shall advocate the best interests and safety of the patients as well as of
the entire health care team by ensuring that the radiation exposure is kept at a
minimum.
Section 6. They shall uphold the principle of informed consent.
Section 7. They shall hold in con dence all information obtained in the course of their
professional practice and shall only disclose such information in accordance with the
law and principles of medical ethics.
Section 8. They shall only provide services for which they are quali ed by virtue of their
education, training, and experience.

Radiologic technologists play a central and critical role in improving access and quality
health care for the population. They provide essential services that promote health,
prevent diseases, and deliver health care services to individuals, families, and
communities based on the primary health care approach.

It is the fundamental duty of the radiologic technologist to practice patient care at all
times. They shall serve the patients following the ethical principles. They must be
truthful and sincere in their dealings with patients. Radiologic technologists must be
competent (knowledge, skills, and values) in performing a certain radiological
procedure.

Radiologic technologists must promote the safety and best interests of the patients by
preventing them from unnecessary radiation exposure. By preventing the patient from
unnecessary exposure would mean keeping them away from the dangers of long-term
effects of radiation like cancer and other blood-related diseases.

Moreover, radiologic technologists should treat patients with dignity, privacy, and
respect. Protecting con dential information requires prudence. Radiologic technologists
who are thoughtful and re ective think before they speak. Colleagues, friends, and
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 family members know them as reticent to discuss details about their work. At social
events, ethical radiologic technologists are mindful of the power of substances to lower
their defenses. Finally, radiologic technologists must be conscientious in avoiding the
inadvertent disclosure of con dential information.

Respect for dignity begins as soon as contact is made with the patient. After
determining that the correct patient is in the radiologic technologist's care, the patient
should be referred to as Mr., Ma'am, or Ms. Addressing a patient on a rst-name basis
(except for children) is too casual and may be offensive to them. It is best to address the
patient formally. By observing proper draping procedures during a radiological
examination also signi es respect for the patient’s dignity.

Article III. Responsibility to Colleagues, Allied Health Professionals, and Health

Institutions
Section 1. Radiologic Technologists and X-ray Technologists. shall take diligent care of
the radiologic equipment/modalities that are assigned to them and shall make use of
them appropriately and effectively according to the accepted standards of practice.
Section 2. They shall show respect and support to their colleagues and other members
of the healthcare team.
Section 3. They shall apply sound judgment in the exercise of their profession and
assume responsibility for their own decisions(s).
Section 4. They shall assist the radiologist and the referring physician in the
administration of radiologic procedures for the diagnostic and therapeutic management
of patients.
Section 5. They shall recognize that interpretation and diagnosis of radiologic
procedures are beyond the scope of their professional practice.
Section 6. They shall NOT, directly or indirectly, assist, tolerate, aid, or abet any
unauthorized practice of the profession.
Section 7. They shall report to the Professional Regulatory Board of Radiologic
Technology or other appropriate authorities, any violation of Republic Act No. 8981,
Republic Act No. 7431, their implementing rules and regulations,
and this Code of Professional Ethics.
Section 8. They shall keep their reputation above reproach and shall maintain proper
decorum in all their actuations to gain public esteem and respect for the profession.
Section 9. They shall Not debase or demean the reputation, competence, and capability
of a colleague to aggrandize themselves.

Radiologic technologists shall cultivate respect and not compete with their colleagues
and other healthcare professionals. They should promote collaboration with other
healthcare team members to ensure the well-being of the patient. Interprofessional
collaboration in healthcare helps prevent medication errors, improve the patient
experience, reduce healthcare costs, and improve relationships with other healthcare
elds. Collaboration also improves the quality of care and meeting the needs of a
diverse population.
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 Radiologic technologists may offer one's colleague assistance, support, and
encouragement. Reporting impaired colleagues to a regulatory board should be the
least desirable option. Taking care of colleagues in distress is a tangible manifestation
of the golden rule: In one's professional life, do unto clients, colleagues, students,
and others as you would have them do unto you. Chances are they will respond in
like fashion when there is an opportunity.

Furthermore, radiologic technologists must put in mind the scope and limitation of one's
profession to ensure the safety of the patient. The scope of practice means the duties
and obligations expected to one's profession. Two of the radiologic technologist's duties
are to position the patient and provide quality images for the diagnosis, but
interpreting those images is beyond their scope of practice.

Practicing in accordance with one's professional code will protect the patient and one’s
professional code will protect the patient and one’s profession against complaints or
malpractice suits. Ethical excellence requires more than adherence to minimum
standards. It demands a deeper commitment to living according to bedrock virtues and
aspires to timeless principles.

Article IV. Responsibility to Self

Section 1. Radiologic Technologists and X-ray Technologists shall endeavor to
undertake activities that will foster their professional development, which shall include
pursuing Continuing Professional Education and Development (CE/CPD), to upgrade
the standard of their practice as radiologic technologists and x-ray technologists.
Section 2. They shall take an active part in relevant activities organized by professional
organizations/ societies.
Section 3. They shall share acquired knowledge and skills on the latest practices and
procedures related to radiologic technology or x-ray technology to their colleagues and
other health professionals.
Section 4. They shall not render their professional service under the in uence of
alcohol, drugs, other similar substance, or under any condition that might compromise
the effective delivery of health care service to the patient.
Section 5. They shall avoid con ict of interest or any action that might discredit the
profession.
Section 6. They shall be entitled to just and fair compensation for services rendered.
Section 7. They shall not allow their names or Certi cates of Registration to be
advertised or used by any person or organization, unless with their written consent.

Continuing education is important in the practice of radiologic technology because

imaging technology is evolving and changing. Continuing education is required for
professionals to stay current with the latest developments, skills, and new technologies
required for their elds. Overall, continuing education is considered a way for
professionals to keep abreast of their eld so they don't lag behind.

It is important for radiologic technologists to present themselves with dignity and not
under the in uence of drugs or alcohol. Reporting for duty under the in uence of drugs
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or alcohol leads to disciplinary actions and if done habitually, may cause termination
from current employment.

Moreover, radiologic technologists should share their knowledge with their colleagues
and other healthcare team members on latest trend and update of their profession.
Exchanging ideas will promote camaraderie and it allows expanding ones learning.
Sharing knowledge is equally important in one’s professional spheres. It can foster
vision in others and strengthen professional ties. Also, sharing ones knowledge with
colleagues is a great service. It allows thinking about others and not just oneself.

Professional Association
The Philippine Association of Radiologic Technologists (PART) is the accredited national
professional organization of radiologic technologists in the Philippines by the
Professional Regulation Commission (PRC). After passing the board examination for
radiologic technologists, during the oath-taking ceremony, all board passers are
required to take oath as members of PART.

PART was established in 1954 as an integrated association of three societies to unite x-

ray technologists from the private and
government healthcare institutions. Master Sergeant Gilberto Palominique in 1954
became the First president of PART. He became the of cer-in-charge of the second
school of radiologic technology in the Philippines, Emilio Aguinaldo (formerly Marian
College).

From 1989 to 2000, Mr. Jack Lappay from St. Jude College was elected as the
president of PART. It was in his term that radiologic technology became a profession
under RA 7431 which was signed by former President Corazon C. Aquino into law.

In the following years, several radiologic technologists' organizations emerged- the

Philippine Society of. Medical Radiologic. Technologists (PHISMERT), the Philippine
Society of Radiologic Technologists (PSRT), the Philippine Institute of Radiologic
Technologists (PIRT), and the Philippine Association for Radiation Protection (PARP),
among others.

CHAPTER 6
JURISPRUDENCE AND LEGAL LIABILITIES

Every healthcare professional is at risk of legal liabilities and implications. To some

degree, legal liability implications do not affect the behavior of healthcare professionals.
Moreover, it has a negative effect on the supply of services, and it encourages the
ordering of extra diagnostic tests. At the margin, legal liability does not seem to have
some social bene ts that offset reasonable estimates of overhead and defensive
medicine costs.
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 De nition of Jurisprudence

The word jurisprudence is derived from the Latin term juris prudentia, which means
"the study, knowledge, or science of law”. Law may be de ned as an ordinance of
reason promulgated for the common good. It commonly refers to a system of rules
created and enforced through social or governmental institutions to regulate behavior. It
has been described as a science and the art of justice. To be useful and fair, the law has
to be promulgated or proclaimed.

In the Philippines, once the bill has been enacted as law, it shall affect only after the
expiration of the fteen days following the completion of its publication either in the
Of cial Gazette of in a newspaper of general circulation. No person shall be charged
with notice of the law's provision until the said publication is completed and after the
fteen-day period has expired. After the said period, the public is deemed to have
conclusively been noti ed of the law even if a person has not read them (Sta Maria,
Persons & Family Relations 6th Ed., 2016).

Classi cation of Law

1. Natural Law - comes inherently in our conscience and body.

1.1 Natural Moral Law - which is applied in the individual's high faculties, for example,
"do good and avoid evil*

2. Positive Law - it comes from the powers that have enacted it.

2.1 Divine Positive Law - it is the law given by God in addition to the natural law. For
example, the 10 commandments.

2.2 Human Positive Law - It is the law enacted by the government authority, like the
Executive Order, RA No. 7431, the Civil Code of the Philippines, the Revised Penal
Code of the Philippines, Special Penal Laws, etc.

Human Positive Law is a reasonable rule of action, expressly or directly promulgated by

a competent human authority for the common good. It is enforced by the State. The
Human Positive Law is based on Divine Providence, the nature of man, legislative
enactments, jurisprudence or judicial decisions, conventions or treaties, customs, and
traditions (Paras, Civil Code of the Philippines: Persons & Family Relations, 2008).

The Human Positive Law can be classi ed into (1) private law and (2) public law.

1. Private law -regulates the relations of the members of the community with one
another. For example, RA 7431, the Civil Code of the Philippines, Commercial Law,
etc.

2. Public law - regulates the relations of the individual with the State or ruler or the
community as a whole. For example Political Law, Criminal Law, Remedial Law.
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Human Positive Law vs. Morality

While the Human Positive Law covers only external conduct, morality covers both
external and internal thoughts. No matter how evil a person's thoughts were, he cannot
be imprisoned, unless he will put it into action. But his evil thoughts are considered
immoral.

LEGAL LIABILITY

Medical-legal liability is the tort law applied to healthcare professionals. If the negligent
behavior causes harm to the patient, the healthcare professional has to pay damages to
the patient. In this way, legal liability may lead to compensation for harm.

Legal liability is a penalty of sanction suffered by radiologic technologists if found guilty

of a violation of any of the existing laws in the Philippines and their implementing rules
and regulations. Radiologic technologists must deliver the care they give according to
accepted standards. This includes providing radiation shields, preventing patients from
unnecessary radiation, and following the right radiological procedure in the right patient.

KINDS OF LIABILITIES
1. Administrative liability
2. Civil liability
3. Criminal liability

Administrative Liability

Administrative liability is the violation of any administrative or regulatory law in the

Philippines such as the Radiologic Technology Act of 1992. The Radiologic Technology
Act of 1992 or the RA No. 7431 is the administrative and regulatory law that regulates
and governs the practice of Radiologic Technology in the Philippines. It provides
grounds of reasons for reprimand, suspension, or revocation of a license to practice
radiologic technology in the Philippines. The Radiologic Technology Act is applicable
only in the Philippines and is not recognized in any other country.

Nature of Liability: The liability is only limited to the radiologic technologist. The license
of the healthcare institution is not affected by the guilty verdict.

A simple act or omission can give rise to criminal, civil, or administrative liability, each
independently of the others. This is known as the "three-fold liability rule". Thus,
acquittal from a criminal charge is not a bar to an administrative prosecution, and vice-
versa. The dismissal of the administrative cases against the accused will not necessarily
result in the dismissal of the criminal complaints against them (De Leon, Constitutional
& Administrative Law, 2009).
Immorality or dishonorable conduct is a ground for administrative liability for
radiologic technologists. The acts may not be related to the practice of radiologic
technology but are valid grounds for reprimand, suspension, or revocation of the
license. Acts of immorality include sexual harassment, acts of lasciviousness (during
positioning), an adulterous or illicit relationship, rape, forgery, graft, corruption, and
abuse against women and children. These acts are not only grounds for an
administrative penalty but also of criminal nature subject to the provisions of the
Revised Penal Code and special penal laws.

Civil Liability

The liability of the radiologic technologist which imposes a penalty of damages in the
form of restitution, reparation, and indemni cation for consequent damages. The basis
damages suffered by the patient is on the account of the supposed negligence of the
radiologic technologist.

Civil liability is governed by the Civil Code of the Philippines. The Civil Code of the
Philippines is the product of the codi cation of private law in the Philippines. It is the
generation law that governs the family, property, and human relations in the Philippines.
It was enacted in 1950 and remains in force to date with some signi cant amendments.

The Civil Code of the Philippines includes the Persons and Family Relations, Family
Code, Wills and Succession, Obligations and Contract, etc.

It is also applicable in the private relationship between radiologic technologist and the
patient. It imposes liability of amount of money representing the supposed damages
suffered by the patient.

Kinds of Damages
There are several kinds of damages that the radiologic technologist may encounter.
These are the following:
1. Actual damages or compensatory damage - this refers to the nancial amount that
is paid to the offended party that suffered a loss that can be calculated. Actual damages
include property damage or medical expenses.

2. Moral damage - is a type of damage that compensates the offended party for mental
or emotional distress or other intangible injuries. It includes physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, moral shocks, social humiliation,
and other similar non-economic injuries.

3. Exemplary damages or punitive damages - are damages assessed to punish the

defendant for outrageous conduct and/or to reform or deter the defendant and others
from engaging in conduct similar to that which is formed the basis of a lawsuit.
Examples that merit exemplary damages are publishing that someone has committed
murders, rape, fraud, etc. when the publisher knew it was not true but hated the person;
an ex-husband trashes his former wife's auto and threatens further property damage; a
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stockbroker buys and sells a widow's stocks to generate commissions resulting all her
capital (money).

4. Loss of income - this is the kind of nancial damage that the accident survivors can
seek. It refers to a situation in which a person's source of income such as salary from a
job is terminated from an injury sustained by the offended party.

Nature of Liability: A radiologic technologist may be found guilty of negligence in a civil

case and may be ordered to pay damages. Administrative liability usually follows civil
liability, meaning once proven of committing the negligent act, the radiologic
technologist would have to pay for civil damages and at the same time be suspended/
terminated from work or have his license revoked.

However, in civil cases, there is what we call primary and secondary liability. This is
under the employer-employee relationship between the radiologic technologist
(employee) and the hospital. This implies that the employer will be liable for an
employee's negligent actions or omissions that occur during the course and scope of
the employee's employment. This means that the employee must be performing duties
for the employer at the time of the negligent act for the employer to be held civilly liable.

Civil Liability for Personal Acts and Omissions

Personal acts refer to the injury resulted from a particular action of a person. For
example, a radiologic technologist exposed a wrong patient or a pregnant patient. On
the other hand, omission or inaction resulted from a particular duty which was not
performed. For example, the radiologic technologist left the patient alone in the x-ray
room which resulted in a certain accident. The radiologic technologist did not exercise
precautions which cause injury to the patient.

Article 2176 of the Civil Code holds a person civilly liable for the damage caused by
his acts or omission constituting fault or negligence.

Article 2176. Whoever by act or omission causes damage to another, thereby being
fault or negligence, is obliged to pay for the damage done."

Negligence is a failure to observe the degree of care, precaution, and vigilance that
circumstance justly demands which resulted in another person's injury. In case of
negligence of duty, the injured person is entitled to compensation or reparation.

One way to determine the existence of negligence is to answer this question: Did the
radiologic technologist in doing the alleged negligent act use that reasonable care and
precaution which an ordinarily prudent person would have used in the same situation? If
the answer is no, then the radiologic technologist is guilty of negligence (Jarencio, Torts
& Damages in the Philippine Law, 1977).
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 Liability of Employers for the Acts or Omissions of their Employees

The law does not only hold persons liable for their acts or omissions. In such situations,
the employer, owners, and managers of the establishment are also liable.

Paragraph 1, 4, and 5 of Article 2180 of the Civil Code are demandable not only for the
negligent employee's acts or omissions but also for those of persons for whom one is
responsible, employer, or owner.

(1) "The obligation imposed by Article 2176 is demandable not only for one's own acts
or omissions but also for those of persons for whom one is responsible.

(4) The owners and managers of an establishment or enterprise are likewise

responsible for damages caused by their employees in the service of the branches in
which the latter are employed or on the occasion of their functions.

(5) Employers shall be held liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though the
former are not engaged in any business or industry."

The liability imposed upon owners, managers, and employers are based on the owners,
managers, and employers' negligence in terms of:

1. Selection of their employees (culpa in eligiendo), or

2. Supervision over their employees (culpa in vigilando)

This can be attributed to the provisions of the last paragraph of Article 2180 of the Civil
Code which states that the responsibility shall cease if they proved that they observed
all the diligence of a good father to prevent damage. This theory of liability adopted in
the Civil Code is similar to the doctrine of respondeat superior. The following is an
excerpt from an actual case, Casumpang vs. Cortejo, G.R. No. 171127 March 11, 2015
(Source: lawphil.net). The details of the case are found in Appendix 4. The hospital was
held liable based on the selection and supervision of its employees.

The trial court also found that aside from their self-serving testimonies, the petitioning
doctors did not exercise the proper medical attention in diagnosing and treating the
patient leading to conclude that they were guilty of negligence.

The RTC (Regional Trial Court) also held the San Juan de Dios Hospital, Inc., solidarily
liable with the petitioning doctors for damages based on the following ndings of facts:

(1) Dr. Casumpang, as a consultant, is an ostensible agent of San Juan de Dios

Hospital, Inc., because before the hospital engaged his medical services, it scrutinized
and determined his tness, quali cations, and competence as a medical practitioner;
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 (2) Dr. Sanga, as a resident physician, is an employee of San Juan de Dios Hospital,
Inc., the hospital, through its screening committee, scrutinized and determined her
quali cations, tness, and competence before engaging her services; the hospital also
exercised control over her work.

WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the
defendants, ordering the latter to pay solidarily and severally plaintiff the following:

(1) Moral damages in the amount of P500,000.00

(2) Costs of burial and funeral in the amount of P45,000.00
(3) Attorney's fees of P50,000.00;
(4) Cost of this suit.

SO ORDERED

Based on the RTC's decision, the hospital was negligent in hiring the consultant
because they were the ones who determined his tness, quali cations, and competence
as a medical consultant. On the other hand, the hospital was negligent in the hiring and
supervision of the resident physician because they were the ones who screened and
determined her quali cations and that as an employee; the hospital has control over her
work.

Criminal Liability

Criminal law is that branch or division of law which de nes crimes, treats of their
nature, and provides for their punishment (Palattao, The Revised Penal Code Made
Easy, 2005). In the simplest term, criminal liability is the legal liability that arises out of
breaking the law or committing a criminal act. Once proven guilty of the crime, the judge
reads a verdict of guilty and imposes a penalty of imprisonment and / or ne.

The existing laws that impose criminal liability are the Revised Penal Code of the
Philippines and Special Penal Laws such as the Comprehensive Dangerous Drugs
Act of 2002 or R.A No. 9165, Anti-Violence against Women and Children Act of
2004 or R.A No. 9262, etc. It provides various felonies/ crimes charging an individual
with a criminal or penal offense.

Nature of Liability: A radiologic technologist may be found guilty of assault/reckless

imprudence in a criminal case and maybe imprisoned and ordered to pay nes.
Administrative and civil liability follows criminal liability, meaning once the accused was
proven guilty, he will be ordered to pay for the cost of the suit/litigation, pay for the civil
damages, and at the same time be suspended/terminated from work or have his license
revoked.



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Costs which are expenses of litigation are chargeable to the accused only in cases of
conviction. In case of acquittal, the costs are de o cio, each party will pay for their
respective expenses.

SUMMARY OF LIABILITIES AND ITS CORRESPONDING SANCTION/PENALTY

Crime, Felony, Offense, Misdemeanor Distinguished

Crime is a generic term that embraces the violation of the Revised Penal Code, special
penal laws, and municipal, or city ordinances.

Felonies are acts and omission punishable only by the Revised Penal Code. This
means that all crimes stated in the Revised Penal Code are called felonious acts or
felonies.

Offenses are acts and omissions violated in the special penal laws.

Misdemeanors are minor infractions of law such as violating a city or municipal

ordinances like jaywalking or smoking in public (San Beda College of Law, Criminal Law
Memory Aid, 2017).

Mala In Se and Mala Prohibita

Mala in se are crimes that are inherently wrong or immoral like intentionally harming a
patient which caused the latter's injury or death, in addition to murder, rape, theft,
plunder, etc., while mala prohibita are not inherently wrong, they are only wrong
because they are prohibited by law such as practicing a profession without a license,
gambling, speeding, tax evasion, possession of marijuana, etc.

Generally, mala in se crimes are punishable by the Revised Penal Code except for
technical malversation; and mala prohibita crimes are punishable by special penal
laws except for plunder, R.A No. 7080 (Campanilla, Criminal Law Reviewer I, 2018).
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Criminal Acts and Omission

Article 3 of the Revised Penal Code de ned acts and omission.

Article 3. Acts and omissions punishable by law are felonies (delitos). Felonies are
committed not only by means of deceit (dolo) but also by means of culpa.

There is deceit when the act is performed with deliberate intent; and there is a fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of
skill.

Felonies are classi ed according to how they are committed: (1) intentional and (2)
nonintentional or culpable felonies. In intentional felonies (committed employing
deceit, the act or omission of the offender is malicious. In other words, the person has
the intention to cause an injury to another.

In nonintentional or culpable felonies (committed because of fault), the act is

performed without intention or there is no malice (evil mind) but is the result of
negligence or lack of foresight. A person who caused an injury, without intention to
cause harm, may be held liable for criminal negligence.

Criminal Negligence

Criminal negligence is punishable under Article 365 of the Revised Penal Code.

Article 365. Imprudence and Negligence - Any person who, by reckless imprudence,
shall commit any act which, had it been intentional, would constitute a grave felony,
shall suffer the penalty of arresto mayor in its maximum period to prision correccional
in its medium period; if it would have constituted a less grave felony, the penalty of
arresto mayor in its minimum and medium periods shall be imposed; if it would have
constituted a light felony, the penalty of arresto menor in its maximum period shall be
imposed.

1 arresto mayor - imprisonment of one month and one day to six months
2 prision correccional - imprisonment of six months and one day to six years
3 arresto menor - imprisonment shall be from one day to thirty days

Negligence is de ned and punished under Article 365, as reckless imprudence or

simple imprudence. The article de ned reckless imprudence as "voluntarily but without
malice" doing or failing to do an act.

The elements of dolo would be freedom, intelligence, and intent. Meanwhile, the
elements of culpa would be freedom, intelligence, and negligence which is either
reckless imprudence or simple imprudence. The element of intent is absent in the case
of culpa or fault.
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Reckless Imprudence
Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an
act from which material damage results because of inexcusable lack of precaution on
the part of the person performing or failing to perform such act, taking into consideration
his employment or occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time, and place.

Simple Imprudence
Simple imprudence consists in the lack of precaution displayed in neither those cases in
which the damage impending to be caused is not immediate nor the danger manifest.

Imprudence and Negligence Distinguished

Imprudence indicates a de ciency of action. Negligence indicates a de ciency of
perception. If a person fails to take the necessary precaution to avoid injury to a person
or damage to property, there is imprudence. If a person fails to pay proper attention to
use due diligence in foreseeing the injury or damage impending to be caused, there is
negligence. Negligence usually involves a lack of foresight, while imprudence usually
involves a lack of skill (Reyes, The Revised Penal Code: Criminal Law 1 18h Edition,
2012).

CHAPTER 7
RADIOLOGIC TECHNOLOGY JURISPRUDENCE

Radiologic Technology Jurisprudence

The Radiologic Technology Act of 1992 or the Republic Act No. 7431 comprises all the
legal rules and principles affecting the practice of radiologic technology. Moreover, it
deals with:

1. Rules and regulations governing the practice of radiologic technology

2. Creation of the Board of Radiologic Technology, de ning its power, functions, and for
other purposes.

REPUBLIC ACT NO. 7431

AN ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE
PHILIPPINES, CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY DEFINING
ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSE

Section 1 Title - This Act be known and cited as them "Radiologic Technology Act of
1992."

Section 2. Statement of Policy - It is the policy of the State to upgrade the practice of
radiologic technology for the purpose of protecting the public from the hazards posed by
radiation as well as to ensure a safe and proper diagnosis, treatment, and research
through the application of machines and/or equipment using radiation.
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 Section 3. De nition of Terms - As used in this Act the following terms shall mean:

a. "X-ray technology" is an auxiliary branch of radiology which deals with the technical
application of x-rays as an aid in the diagnosis of diseases and injuries;

b. "Radiologic technology" is an auxiliary branch of radiology which deals with the

technical application of radiation, such as x-rays, beta rays, gamma rays, ultrasound,
and radio-frequency rays, in the diagnosis and treatment of diseases;

c. "X-ray technologist" is a bona de holder of a certi cate of registration for x-ray

issued by the Board of Radiologic Technology in accordance with this Act;

d. "Radiologic technologist" is a bona de holder of a certi cate of registration for

radiologic technology issued by the Board of Radiologic Technology in accordance with
this act;

e. "Radiology" is a branch of medical science which deals with the use of radiation in
the diagnosis, treatment, and research of diseases;

f. "Radiologist" is a licensed physician who specializes in the diagnosis or treatment of

disease with the use of radiation;

g. "Medical Physicist" is a physicist who specializes in the application of the principles

and techniques of physics in medicine;

h. "Board" refers to the Board of Radiologic Technology; and

i. "Commission" refers to the Professional Regulation Commission created under

Presidential Decree Number Two Hundred and Twenty-three (223).

Section 4. Practice of X-ray Technology - The practice of x-ray shall include any and
all acts by which one renders, furnishes, or contracts to render or furnished professional
service as an x-ray technologist.

An x-ray technologist shall also be considered in the practice of his profession if the
nature and character of his employment require professional knowledge in the art and
science of x-ray technology such employment or position requires that the holder
thereof be an x-ray technologist.

Nothing in this Act shall be construed to disqualify other professionals duly registered
with the Professional Regulation Commission from performing any of the acts above
mentioned. Provided, that under the law or laws governing their respective professions,
the may perform the said acts; provided further that impression that no person shall use
the title "X-ray Technologist" or any other title conveying the impression that he is an x-
ray technologist without having been issued a certi cate of registration as x-ray






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 technologist without having been issued a certi cate of registration as x-ray technologist
by the Commission in the manner provided in this Act.

Section 5. Practice of Radiologic Technology - The practice of Radiologic

Technology shall include any and all acts by which one renders, furnishes, or contracts
to render or furnish professional service as a radiologic technologist.

A radiologic technologist shall also be considered in the practice of his profession if the
nature and character of his employment require professional knowledge in the art and
science of radiologic technology, and such employment or position requires that the
holder thereof be a radiologic technologist.

Nothing in this Act shall be construed to disqualify other professionals duly registered
with the Professional Regulation Commission from performing any of the acts
abovementioned: Provided, that under the law or laws governing their respective
professions, they may perform the said acts: Provided, further, that no person shall use
the title "Radiologic Technologist" or any other title conveying the impression that he is a
radiologic technologist without having been issued a certi cate of registration as a
radiologic technologist by the Commission in the manner provided in this Act.

Section 6. Creation of the Board of Radiologic Technology - There is hereby

created a Board of Radiologic Technology which shall be composed of a Chairman and
four (4) members, all of whom shall be appointed by the President of the Philippines
upon the recommendation of the Professional Regulation Commission. The
Commission shall recommend three (3), radiologic technologists, from a list to be
submitted by the Association of radiologic technologists; one (1) radiologist from a list to
be submitted by the association of radiologists; and one (1) medical physicist from a list
to be submitted by the Association of medical physics; provided, however, that the said
associations are accredited in accordance with Presidential Decree Number Two
Hundred and Twenty Three (223), provided further, that each person whose name is
submitted shall possess the quali cations prescribed in Section 7 of this Act.

Section 7. Quali cations of Board Members -

(a) Each member of the Board shall at the time of his appointment:

6. Be a citizen and resident of the Philippines;

7. Be of good moral character;
8. Be at least thirty (30) years of age; and
9. Is neither a member of the faculty, whether full time, or part-time or lecturer, of any
school, college or university where a regular course in radiologic technology is taught,
nor has any pecuniary interest, directly or indirectly, in such institution during his term of
of ce as a Board member.

(b) Three (3) members of the Board, including the Chairman, shall at the time of their
appointment:
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 1.Be a radiologic technologist; and
2. Have at least ten (10) years practice as radiologic technologists prior to their
appointment; provided, that (3) radiologic technologists appointment as members of the
rst Board shall be deemed automatically registered as radiologic technologists upon
assumption of their duties as members.

(c) One (1) member of the Board shall be at the time of his appointment:

1. Be a radiologist; and
2. Has at least ten (10) years of practice as a radiologist prior to his appointment

(d) One (1) member of the Board shall at the time of his appointment:

1 Be a medical physicist; and

2. Has at least (10) years of practice as a medical physicist.

Section 8. Term of Of ce - The members of the Board shall hold of ce for a term of
three (3) years from the date of their appointment until their successors shall have been
appointed and duly quali ed; provided, that the rst appointees to the Board shall hold
of ce for the following terms: the Chairman for three (3) years; two (2) members for two
(2) years and two (2) members for one (1) year. Vacancies shall be lled only for the
unexpired term.

Section 9. Duties and Functions of the Board - the Board shall be the following
duties and functions:

a. To enforce the provisions of this Act;

b. To administer oaths in accordance with the provisions of this Act;

c. To issue and, after due investigation, suspend or revoke certi cates of registration for
the practice of radiologic technology and x-ray technology;

d. To investigate any violation of this Act of the rules and regulations issued thereunder,
as may come to the knowledge of the Board and, for this purpose, to issue subpoena
and subpoena duces tecum to alleged violators or witnesses to secure their
attendance in investigations or hearings, and the production of books, papers, and
documents in connection therewith and compel their attendance by the power to cite for
contempt.

e. To conduct yearly board examinations to radiologic technology and x-ray technology

examines under the supervision of the Professional Regulation Commission;

f. To look, from time to time, into the condition affecting the practice of radiologic
technology and x-ray technology in the Philippines, and adopt such measures as may
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 be deemed necessary for the maintenance of the standards and ethics of the
profession;

g. To promulgate such rules and regulations as may be necessary to carry out the
provisions of this Act, provided, that the same shall be issued only after the approval
thereof of the Commission; and

h. To adopt a seal to authenticate its of cial documents.

The board shall exercise these powers and duties in accordance with Presidential
Decree Number Two Hundred and Twenty-Three (223).

Section 10. Compensation of the Board -the members of the Board shall each
receive the same compensation as members of other Boards under the supervision of
the Commission as provided for in the General Appropriations Act.

Section 11. Removal of Board Members - any member of the Board may be removed
from of ce by the President upon the recommendation of the Commission for neglect of
duty, incompetence or unprofessional, immoral, or dishonorable conduct, or commission
or tolerance of irregularities in the conduct of the examinations after having been the
opportunity to defend himself in a proper administrative investigation conducted by the
Commission.

Section 12. Supervision of the Board and Custody of its Records - the members of
the Board shall be under the general supervision of the Commission.

No record shall be removed, altered, or examined without prior authorization of the

Board. All records, including examination papers, examination results, minutes of
deliberation, records of administrative cases, and investigations of the Board shall be
kept by the Commission.

Section 13. Rules and Regulations - subject to the approval of the Commission, the
Board shall set ethical and professional standards for the practice of radiologic
technology and x-ray technology and adopt such rules and regulations as may be
necessary to carry out the provisions of this Act. Such standards, rules, and regulations
shall take effect one (1) month after publication in any newspaper of general circulation.

Section 14 Annual Report - the Board shall, at the end of each calendar year, submit
to the Commission an annual report of its activities and proceedings during the year.
Other information or data may be requested by the Commission as often as may be
necessary and practicable.

Section 15. Requirement for the Practice of Radiologic Technology - Unless

exempt for the examination under Sections 16 and 17 hereof, no person shall practice
as a radiologic and/or x-ray technology hereof, no person shall practice or offer to
practice as a radiologic/or x-ray technologist in the Philippines without having obtained
the proper certi cate of registration from the Board.

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 Section 16. Exemption from Examination in X-ray Technology - Examination shall
not be required in the following persons:

a. The rst members of the Board of Radiologic Technology as provided in Section 7

hereof; and
b. Those who, prior to the approval of this Act, has passed the Civil Service examination
for x-ray technicians, or the examination for the private sector x-ray technicians, or the
examination for chest x-ray technicians, or the pro ciency examination for medical
radiation technicians administered by the Department of Health through its Radiation
Health Of ce, Radiological Health Service, of Radiation Health Service.

Those so exempt under the aforementioned categories shall register with the Board
after they shall have complied with the requirements for registration as radiologic
technologists.

Section 17. Exemption from examination in Radiologic Technology - Examination

shall not be required of the following persons:

a. The rst members of the Board of Radiologic Technology as provided in Section 7(b)
hereof,

b. Radiologists from other countries invited for lectures of consultation or as visiting or

exchange professors to colleges or universities duly recognized by the government,
provided, that such radiologic technologists are legally quali ed to practice as such in
their state or country, provided, further that they shall rst secure a special permit from
the Board which shall be valid as Board may determine, provided, nally that the
privilege granted in this subsection shall be given only to radiologic technologists from
countries giving similar privilege to their Filipino counterparts;

c. Those who, prior to the approval of this Act, has passed the pro ciency examination
for medical radiation technologists administered by the Department of Health through its
Radiation Health Of ce, Radiological Health Service, or Radiation Health Service; and

d. Those who prior to the approval of this Act, has passed the Civil Service examination
for x-ray technicians, or examination for private sector x-ray technicians, or the
pro ciency examination for medical radiation technicians administered by the
Department of Health through its Radiation Health Of ce, Radiological Health Service or
Radiation Health Service, with ten (10) years continuous practice of radiologic
technology after passing one of these aforementioned examinations.

Those falling under categories (a), (c), and (d) shall register with the Board after they
shall have complied with the requirements for registration as radiologic technologists.

Section 18. Examination Required - Except as otherwise speci cally allowed under
the provisions of these Act and other existing laws, all applicants for registration as

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 radiologic technologists and x-ray technologists shall be required to undergo an
examination which shall be given once a year by the Board, through the Commission,
according to its rules and regulations and at such time and place as may be determined
by the Commission.

Section 19. Quali cations for Examinations - Every applicant for examination under
this Act shall, prior to admission for examination establish to the satisfaction of the
Board that he:

a. Is a Filipino citizen;
b. Is of good moral character and has not been convicted of a crime involving moral
turpitude; and
c. Is a holder of a baccalaureate degree in radiologic technology from a school, college,
or university recognized by the Government if he applies for radiologic technology
examination or is a holder of an associate in radiologic technology diploma from a
school, college, or university recognized by the government if he applies for the x-ray
technology examination.

Section 20. Scope of Examination in X-ray Technology - Unless changed or

modi ed by the Board, the examination in x-ray technology shall cover the following
subjects with the corresponding weights as follows:

a. Radiation Physics 10%

Radiobiology and Radiation Protection 10%
Equipment Maintenance 10%

b. Radiographic Positioning 10%

Radiographic Technique 10%
Special Procedures 10%

c. Anatomy, Physiology, and Medical Terminology 15%

d. Photochemistry and Darkroom Procedures 10%

e. Film Analysis 10%

f. Nursing and Departmental Procedures in Radiology 5%

g. Professional Ethics 5%

Section 21. Scope of Examination in Radiologic Technology - Unless changed or

modi ed by the Board, the examination in radiologic technology shall cover the following
subjects with the corresponding weights as follows:

a. Radiation Physics and Equipment Maintenance 10%

Radiobiology and Radiation Protection 10%





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 b. Radiographic Positioning 10%
Radiographic Technique 10%
Special Procedures 10%

c. Anatomy, Physiology, and Medical Terminology 10%

d. Photochemistry and Film Analysis 10%

e. Nursing Department Procedures In Radiology & Professional Ethics 5%

f. Ultrasound 5%

g. Radiation Therapy 5%

h. Nuclear Medicine 5%

i. Radiologic Pathology 5%

j. Computed Tomography/Magnetic Resonance Imaging 5%

Section 22. Report of Ratings - The Board shall, within one hundred twenty (120)
days after the date of completion of the examination, report the rating obtained by each
candidate to the Commission which shall submit such report to the President of the
Philippines for approval.

In order to pass the examination, a candidate must obtain a weighted average of at

least 75% with no rating below 60% in any subject. An examinee who obtains an
average rating of 75% or higher but gets a rating below 60% in any subject shall be
allowed to take a re-examination in only those subjects in which be obtained a rating
below 60%. Such examination shall, as far as practicable, be taken in the next
scheduled examination.

In order to pass the second examination, the examinee must obtain a rating of 75% in
each of the subjects repeated. If the candidate still fails the re-examination, he shall as
far as practicable, be required to repeat said subjects during the succeeding
examination. When an applicant fails to quality after the third examination, he shall be
required to take the entire examination.

Section 23. Oath Taking - All successful examinees shall be required to take a
professional oath before the Board or before any person authorized by the Board to
administer oaths prior to the practice of their profession as a radiologic technologist/ or
x-ray technologist.

Section 24. Issuance of Certi cates of Registration - Every applicant who has
satisfactorily passed the required examination shall, upon payment of the registration


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 fee as provided in Section 25, be issued a certi cate of registration as a radiologic
technologist and/or x-ray technologist.

The Board shall, subject to review by the Commission, issue the corresponding
certi cates to persons who apply for the same who are exempt from the examinations
provided under Sections 16 and 17 hereof.

All certi cates of registration shall contain the full name of the registrant, serial number,
signature of the Commissioner, date of issuance, and the of cial seal of the Board duly
af xed thereto.

Section 25. Fees - Unless otherwise xed by the Commission, each examinee or
registrant shall pay the following fees:

a. Application for examination ₱350.00

b. Registration after passing the board examinations ₱250.00
c. Registration without examination ₱250.00
d. Replacement of lost or destroyed certi cate of registration ₱100.00
e. Reissuance of revoked certi cate ₱100.00

Section 26. Penal Provisions - Any person who shall practice radiologic technology
and/or x-ray technology in the Philippines, within the meaning of this Act, with any of the
following attending circumstances shall, upon conviction by nal judgment, be punished
with a ne of not less than Ten Thousand pesos (10,000) nor more than Forty Thousand
Pesos (40,000), or by imprisonment of not less than one (1) one year nor more than six
(6) years, or both, at the discretion of the court:

a. Without a certi cate of registration in accordance with the provisions of this Act;

b. Presenting or using as his own certi cate of registration of another person;

c. Using an expired license, suspended or revoked certi cate of registration;

d. Giving any false or forged evidence to the Board of Radiologic Technology in order to
obtain a certi cate of registration;

e. Posing or advertising as a registered radiologic and/ or x-ray technologist or using

any other means tending to convey the expression that he is a registered radiologic
and/or x-ray technologist; and

f. Violation of any provision or provisions of this Act.

Section 27. Appropriations - The amount necessary for the compensation of the
members of the Board shall be included in the General Appropriations Act of the year
following the approval of this Act and thereafter.


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 Section 28. Repealing Clause - All laws, decrees, orders, and other issuances, rules
and regulations, or parts the thereof, inconsistent herewith are hereby repealed or
modi ed accordingly.

Section 29. - (This Section is missing in the original text)

Section 30 - Effectivity Clause - This Act shall take effect (1) month after its
publication in any newspaper of general circulation.
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