CHAPTER 2
MEDICAL TECHNOLOGY ACT OF 1969
REPUBLIC ACT NO. 5527
INTRODUCTION
Laws
- represented by Republic Acts, Presidential Decrees,
and Executive Orders
- enacted for the benefit of the general public or the
different sectors of society
Republic Act No. 5527
- embodies the definition of the profession, as well as its
registration, functions, responsibilities, coverage, and
limitations
- existence: since 45 years
- since President Ferdinand Marcos signed it
Has been amended several times = due to continuous
modernization
RA 6138
PD 498
Aug 31, 1970
June 28, 1974
PD 1534
June 11, 1978
Secs 16, 21, and 22
Secs 2, 3, 4, 7, 8, 11,
13, 21, and 29
Sections 3, 8, and 13
Medical Technology Act of 2011
- proposed: Senator Edgardo Angara
- repealed existing law
- goal: aims to improve the status of all medical
technologists in the Philippines in terms of salary and
competency, bringing Filipino medical technologists
onpar with those of the other nations in the world
December 4, 2013
- Representative Leopoldo N. Bataoil of the 2nd district
of Pangasinan
- during the first regular session of the Sixteenth
Congress
- proposed another amendment under House Bill 3502
KEYWORDS
Amendment
- A process of revising, modifying, or changing the
provisions of a law or bill
House Bill 3502
- An amendment of the Medical Technology Act of 2011
Medical Technology Act of 2011
- An act which contains the provisions for the
Improvement of the status of all medical technologists
in terms of competencies or skills.
CONCEPT OF LAW AND THE PROVISIONS OF R.A. 5527
Law
- a set of rules or orders imposed on all members of the
community
- they are recognized, binding, and enforceable on an
individual by an organization or a group of individuals
who are authorized to implement such
- are the regulatory systems of social relations
Republic Act or Presidential Decree
- one governing rule or order in professional practice
- can later be amended for the benefit of those who will
be protected by such an amendment.
RA 5527
- law that governs the practice of the medical
technology profession
- Name: An Act Requiring the Registration of Medical
Technologists, Defining their Practice and Other
Purposes
- divided into three parts: preliminary, functional,
concluding provisions
Important legal concepts in field of professional
practice
1. Prevailing laws and source or origin
- The law is existing at present, enveloping the
practice of professional endeavors
2. Offense and legal responsibility
- Laws are enacted and are accompanied by the
appropriate offense for violations or infractions
- mandatory for the individual concerned to
render obedience to existing law
- people are duty-bound to assume the
responsibilities over any action they take or
commit
3. Laws and orders, sanctions, system of laws,
and legality of action
- concept pertains to the fact that a law is a set
of rules or orders
- Nobody is above the law.
- Laws govern and treat all people fairly and
impartially
- Any violation of laws may be reprimanded and
sanctioned
- laws are rules that prescribe directions for
conduct in any situation
Medical Technology Licensure Examination by various
regulatory boards and under the supervision of the
Professional Regulation Commission
Senate Bill
- a piece of proposed legislation that has been issued or
was modified by the Congress or the Senate
- can become a law after its passage by:
1. the Senate
2. the House of Representatives
3. the approval of the President of the Philippines
RA vs PD vs EO vs SB
REPUBLIC ACT NO. 5527
Republic Act
- a piece of legislation enacted as a policy that may
govern the conduct and behavior of an individual or
group of persons and uphold the principles of the
Constitution
- concept: process of making policies for the betterment
of the people's status and relations in society
- a law that is enacted for a certain group of working
professionals like medical technologists
- consists of specific policies that should be observed
- usually drafted by the Congress and approved by the
President of the Philippines
- can also be repealed by the Congress
Presidential Decree
- connotes the judgement of the judge
- concept: proclamations of the legal consequence of
the facts or actions in connection with the professional
practice of medical technology carried out or decided by
the court in its finality
- P.D. 498 = the Second amendment done to RA 5527
= certain provisions of RA 527 have been
amended
= products of the court's decision
Executive Order
- contains the president's directives implementing or
interpreting certain constitutional provisions or treaties
- the legal language of the President of the Republic of
the Philippines who usually issues policies to avoid
public or political debate and opposition.
- EO 200 = institutionalized the full computerization of
the
PRELIMINARY PROVISIONS
may also be cited as the Philippine Medical Technology
Act of1969
Terms
Medical Technology
- an auxiliary branch of laboratory medicine which deals
with the examination by various chemical, microscopic,
bacteriologic and other medical laboratory procedures
or techniques
- which will aid the physician in the diagnosis, study and
treatment of disease and in the promotion of health in
general.
Pathologist
- A duly registered physician who is specially trained in
methods of laboratory medicine, of the gross and
microscopic study and interpretation of tissues,
secretions and excretions of the human body and its
functions
- in order to diagnose disease, follow its course,
determine the effectivity of treatment, ascertain cause
of death and advance medicine by means of research.
Medical Technologist
- A person who engages in the work of medical
technology under the supervision of a pathologist or
licensed physician authorized by the Department of
Health in places where there is no pathologist and who
having passed a prescribed course (Bachelor of Science
in Medical Technology/ Bachelor of Science in Hygiene)
of training and examination is registered under the
provision of this Act.
Medical Technician
- A person who, not being a graduate of Bachelor of
Science in Medical Technology/Bachelor of Science in
Hygiene,
- but having passed the corresponding civil service
examination, performs the work of medical technology
under the supervision of a registered medical
technologist and/or qualified pathologist.
Accredited Medical Technology Training Laboratory
- A clinical laboratory, office, agency, clinic, hospital
sanitarium duly approved by the Department of Health
or its authorized agency.
Recognized School of Medical Technology
- Any school, college or university which offers a course
in Medical Technology approved by the Department of
Education in accordance with the requirements under
this Act,upon recommendation of the Council of
Medical Technology Education;
Council
- The Council of Medical Technology Education
established under this Act.
Board
- The Board Of Examiners for Medical Technology
established under this Act (Definition of Terms in
Section 2, 5527).
FUNCTIONAL PROVISIONS
Functional Provisions
- pertain to:
1. the policies or orders creating a council of medical
technology,
2. the minimum required courses,
3. composition,
4. functions,
5. Qualifications
6. removal of the board of examiners,
7. examination coverage, and
8. foreign reciprocity
Section 3, RA 5527
Council of Medical Technology Education, Its
Composition
Council
- referred to established a Council of Medical
Technology Education
Compositions
Chairman
ViceChairman
Members
- Secretary of Education or Director of
Private Education
Director of the Bureau of Research and
Laboratories of the Department of
Health
- Chairman
- Two members of the Board of
Medical Technology,
- Dean Of the Institute Of Hygiene of
the University of the Philippines
- a representative of the deans or
heads of the private schools of
medical technology,
- and the presidents of the Philippine
Association of Medical Technologists
and the Philippine Society of
Pathologists
Section 4, RA 527
Compensation and Traveling Expenses of Council
Members
1. The chairman and members of the Council shall
be entitled to a twenty-five pesos per diem for
every meeting actually attended
2. number of meetings authorized with a per diem
shall not exceed two in a month
3. officials receiving regular salaries from the
Government shall not receive a per diem
4. the chairman and members of the Council
shall be entitled to traveling expenses in
connection with their official
duties
Section 5, RA 5527
Functions of the Council of Medical Technology
Education
Functions of the Council
1. To recommend the minimum required
curriculum for the course of
medical technology.
Section 6, 5527
Minimum Required Course
Medical Technology Course
- at least 4 years
- including a 12-month satisfactory internship in
accredited laboratories
- must include the ff subjects
Subjects:
2. To determine and prescribe the number of
students to be allowed
to take up the medical technology course in
each school, taking into account the studentinstructor ratio and the availability of
facilities for instruction.
3. To approve medical technology schools meeting
the requirements and recommend closure of
those found to be substandard.
4. To require all medical technology schools to
submit an annual report, including the total
number of students and instructors, a list of
facilities available for instruction, a list of their
recent graduates and new admissions, on or
before the month of June.
5. To inspect, when necessary, the different
medical technology schools in the country in
order to determine whether a high standard of
education is maintained in said institutions.
6. To certify for admission into an undergraduate
internship students who have satisfactorily
completed three years of the medical
technology course or its equivalent and to
collect from said students the amount of five
pesos each which money accrue to the
operating fund of the Council.
7. To formulate and recommend approval of
refresher course for applicants who shall have
failed the Board Examination for the
third time.
8. To promulgate and prescribe and enforce
necessary rules and regulations for the proper
implementation of the foregoing
Functions
1.
2.
3.
4.
5.
6.
7.
8.
9.
English
Spanish
Social Science
General Zoology
Botany
Mathematics
College Physics
Qualitative Chemistry
Quantitative Chemistry
1.
2.
3.
4.
5.
6.
7.
8.
9.
Biochemistry
Gross Anatomy
Histology
Physiology
Clinical Parasitology
General Pathology
Microbiology
Biostatistics
Clinical Laboratory
Methods includes
a. Hematology
b. Serology
c. Blood banking,
d. Clinical microscopy,
e. Applied microbiology,
f. and parasitology,
g. histopathologic techniques,
h. cytotechnology
Council
- authorized, subject to the approval of the Secretary of
Education to change, remove from or add to the
subjects listed above as the needs and demands of
progress in the science of medical technology may
require
Section 13, RA 5527
Accreditation of Schools of Medical Technology and of
Training Laboratories
Department of Education
- shall approve schools of medical technology in
accordance with the provisions of this Act.
Department of Health or its authorized agency shall,
upon recommendation of the Council of Medical
Technology Education,
- approve laboratories for accreditation as training
laboratories for Medical Technology students or
postgraduate trainees
upon satisfactory evidence that said laboratories
possess qualified personnel and are properly equipped
to carry out laboratory procedures commonly required
in ff fields
1.
2.
3.
4.
5.
bacteriology
serology
parasitology
hematology
biochemistry
Scope of Activities of said laboratory
- offers sufficient training in said laboratory procedures
Section 14, RA 5527
Inhibition against the Practice of Medical Technology
No person shall practice or offer to practice medical
technology as defined in this act without having
previously obtained a valid certificate of registration
from the Board provided that registration shall not be
required of the following
1. Duly registered physicians.
2. Medical technologists from other countries
called in for consultation or as visiting or
exchange professors to colleges or
universities: Provided, they are only practicing
the said function.
3. Medical technologists in the service of the
United States Armed Forces stationed in the
Philippines rendering services as such for
members of the said forces only
Section 15, RA 5527
Examination
Except as otherwise specifically allowed under the
provisions of this Act, all applicants for registration as
medical technologists shall be required to undergo a
written examination
Given by: Board
Time: annually
Place:
1. Greater Manila Area,
2. Cebu, and
3. Davao
Date: month of August or September on such days and
places as the Board may designate.
Written notices of such examination
- shall be published in at least three newspapers of
national circulation
- by the Secretary of the Board
- at least thirty days prior to the date of examination
Section 16, RA 5527
Qualification for Examination
Every applicant for examination under this Act, shall,
prior to the date thereof, furnish the Board satisfactory
proof that he or she:
1. Is in good health and is of good moral
character;
2. Has completed a course of at least four years
leading to the degree of Bachelor of Science in
Medical or Bachelor of Science in Hygiene
conferred by a recognized school, college or
university in accordance with this Act and all
other persons having graduated from other
paramedical professions who are actually
performing medical technology for the last five
years prior to the enactment of this Act
provided they meet the minimum requirements
mentioned in Section Six exceeding one year
undergraduate internship or practical training
SEC 17, RA 5527
Scope and Coverage and Examination
Clinical Chemistry
Microbiology & Parasitology
Hematology
Blood Banking & Serology
Clinical Microscopy (Urinalysis and
Other Body)
Histopathologic Techniques
- not failed in at least 60% of the subjects computed
according to their relative weights.
20%
20%
20%
20%
10%
10%
Board
- prepare the schedule of subjects for examination and
submit the same to the Commissioner of Civil Service
for publication
- at least 4 months before the date of examination.
- compute the general average of each examinee
according to the abovementioned relative weights of
the subjects
- may change, add to or remove from the list of
Subjects or weights above, as progress in the science of
medical technology may require, subject to the prior
approval of the Council
SEC 18, RA 5527
Scope and Coverage and Examination
Board
- shall prepare and submit the result thereof to the
Commissioner of Civil Service
- within 120 days after the date of completion of
examination
Commissioner of Civil Service
- shall submit such result to the President of the
Philippines for approval
SEC 19, RA 5527
Ratings in the Examination
In order to pass the examination
General average
- at least 75% in the written test
- no rating below 50% in any of the major subjects
No further examination = failing 3 examinations,
unless and until
1. he shall have completed a 12 months' refresher
course in an accredited medical technology
school
2. or 12-month postgraduate training in an
accredited laboratory
Graduate of paramedical professions other than
Bachelor of Science in Medical Technology/Bachelor of
Science in Hygiene
- admitted to an examination under the provisions of
this Act shall not be given further examinations after his
failure to qualify for the third time
SEC 20, RA 5527
Oath Taking
All successful examinees
- required to take a professional oath before the Board
or before any person authorized to administer oaths
prior to entering upon the practice of medical
technology in the Philippines
SEC 21, RA 5527
Issuance of Certificate of Registration
Every applicant who has satisfactorily passed the
required examination shall be issued a certificate of
registration as medical technologist
No such certificate shall be issued to any successful
applicant who has not attained the age of 21 years.
All certificates
- shall be signed by all the members of the Board and
- attested by its Secretary
Duly registered medical technologist
- shall be required to display his certificate of
registration in the place where he works
Upon application filed after approval not later than 90
days
SEC 23, RA 5527
Refusal to Issue Certificate
the Board shall issue a certificate of registration
without examination to persons
The Board shall refuse to a certificate of registration
- to any person convicted by a court of competent
jurisdiction of any criminal offense involving moral
turpitude, found guilty of immoral or dishonorable
conduct, or is of unsound mind, or is suffering from an
incurable communicable disease,
a. who have graduated with a Bachelor of Science
in Hygiene and/or Bachelor of Science in
Medical Technology in duly recognized schools
of medical technology in the Philippines or
foreign countries and who have been in the
practice of medical technology for at least
three years at the time of the passage of this
Act in laboratories in the Philippines or in
foreign countries duly accredited by the Bureau
of Research and Laboratories, Department of
Health
b. other persons having graduated from other
paramedical professions who are already civil
service eligible by authority of the other Boards
of profession and who are actually performing
medical technology practice for the last five
years prior to the enactment of this Act
SEC 22, RA 5527
Fees
and in such case shall give to the applicant a written
statement setting forth the reason for its action, which
statement shall be incorporated in the record of the
Board
SEC 24, RA 5527
Administrative Investigation-Revocation or Suspension
of Certificates
Administrative investigations
- shall be conducted by at least two members of the
Board
- with one legal officer sitting during the investigation
Existing rules of evidence
- shall be observed during all administrative proceedings
The respondents shall be entitled to
The Board shall charge each applicant for examination
and registration the sum of fifty pesos
and for each certificate of registration issued without
prior examination in accordance with the provisions of
this Act the sum of twenty five pesos;
for issuance of a new certificate to replace certificate
lost, destroyed or mutilated, the Board shall charge the
sum of ten pesos.
All such fees shall be paid to the disbursing officer of
the Civil Service Commission who shall pay from the
receipts thereof, all authorized expenses of the Board
including the compensation of each member
1. be represented by counsel or be heard in
person
2. to have a speedy and public hearing
3. to confront and cross-examine witnesses
against him or her
4. and to all other rights guaranteed by the
Constitution
The Board may
1. reprimand an erring medical technologist or
2. revoke or suspend his certificate of registration
for the causes mentioned
1. in the next preceding section or
2. for causes enumerated in section twenty-nine
(29) of this Act, or
3. for unprofessional conduct, malpractice,
incompetency, or serious ignorance or gross negligence
in the practice of medical technology.
No penalty of revocation shall be imposed
- unless there is a unanimous vote of all the three
members of the Board
The Board may, by majority vote, impose the penalty of
reprimand or suspension, the latter, however, not to
exceed two years.
When the penalty of suspension or revocation is
imposed by the Board,
-
the medical technologist shall be required to
surrender his certificate of registration within
thirty days after the decision becomes final,
under the pain of perpetual disqualification
from the practice of medical technology in the
Philippines for inexcusable failure to do so. The
suspension shall run from the date of such
surrender
suspension
and said certificate shall be re-issued to the medical
technologist concerned upon request without prejudice
to further actions by the Board for violation of the
provisions of this Act or conditions imposed by the
Board upon the medical technologist during the period
of suspension
SEC 27, RA 5527
Foreign Reciprocity
No foreigner
- shall be admitted to examination,
- or be given a certificate of registration
- or be entitled to any of the rights and privileges under
this Act
unless
the country or state which he is a subject or a citizen
- permits Filipino Medical Technologists to practice
within its territorial limits on the same basis as the
subjects or citizens of said country or state
CONCLUDING PROVISIONS
SEC 25, RA 5527
Appeal
The revocation or suspension of a certificate made by
the Board
- shall be subject to appeal to the Civil Service
Commissioner
- whose decision shall become final thirty days after its
promulgation,
- unless the respondent within the same period has
appealed to the Office of the President of the
Philippines
SEC 26, RA 5527
Reinstatement, Reissue or Replacement of Certificates
The Board may, upon application and for reason
deemed proper and sufficient, reissue any revoked
registration certificate.
The suspension shall be automatically lifted upon the
Concluding Provisions
- include the roster of
1.
2.
3.
4.
medical technologists,
penal provisions,
separability clause, and
repealing clause.
Section 28, RA 5527
Roster of Medical Technologists
A roster of Medical Technologists shall be prepared
annually by the Secretary of the Board, commencing on
the year following that in which the Act shall become
effective.
The roster shall contain
1. the name,
2. address and
3. citizenship of each registered Medical
Technologist,
4. date of registration or issuance of certificate,
and
5. other data which in the opinion of the Board are
pertinent.
The roster shall be open to public inspection,
and copies thereof shall be mailed
1. to each person included therein,
2. placed on file in the Office of the President,
3. furnished to all Department Heads
4. and all agencies, offices and instrumentalities of
the Department of Health
5. and to such other offices, private or
governmental,
6. and to the public upon request
d. Any duly registered medical technologist who
shall refuse or fail, after due warning by the
Board, to display his certificate of registration
in the place where he works;
e. Any person presenting or attempting to use as
his own, the certificate of registration of
another;
f.
Any person who shall give any false or
fraudulent evidence of any kind to the Board
member thereof obtaining a certificate of
registration as Medical Technologist;
g.
Any person who shall impersonate any
registrant of a fake or the same name;
h. Any person who shall attempt to use a revoked
or suspended certificate of registration;
Section 29, RA 5527
Penal Provisions
i.
Any person who shall, in connection with his
name, otherwise assume, use or advertise any
title or description tending to convey the
impression that he is a Medical Technologist
without holding a valid certificate of
registration;
j.
Any person who shall violate any provision of
this Act;
Without prejudice to the provision of the Medical Act of
1959 as amended, pertaining to illegal practice of
Medicine,
the following shall' be punished
1. by a fine of not less than two thousand pesos
nor more than five thousand pesos,
2. or imprisonment for not less than six months
nor more than two years, or both at the
discretion of the court:
a. Any person who shall practice Medical
Technology in the Philippines without being
registered or exempted from registration in
accordance with the provisions of the Act;
b. Any medical technologist, even if duly
registered, who shall practice medical
technology in the Philippines without the
necessary supervision of a qualified
pathologist or physician authorized by the
Department of Health;
c. Any medical technologist who shall knowingly
make a fraudulent -laboratory report;
k. or Any person or corporate body who shall
violate the rules and regulations of the Board
or orders promulgated by it after having been
duly approved and issued by the President of
the Philippines upon recommendation of the
Commissioner of Civil Service for the purpose of
carrying out the provisions of this Act
Section 30, RA 5527
Separability Clause
If any provision of this Act or the application of such
provision to any person or circumstance is declared
invalid by a court of competent jurisdiction; the
remainder of this Act or of the application of such
provision to other persons or circumstances shall not be
affected by such declaration
Section 31, RA 5527
Repealing Clause
All acts, executive orders, rules and regulations, or parts
thereof inconsistent with the provisions of this Act are
hereby repealed:
Provided, however, that nothing in this Act shall be
construed as repealing or amending any portion of the
1. Medical Act of 1959 (RA 2382, as amended
by RA 4224),
2. the Clinical Laboratory Act of1966 (RA 4688),
3. Blood Banking Law of 1956 (RA 1517)
AMENDMENTS
In response to issues and concerns on certain
provisions of RA 5527, several amendments were made
after its implementation.
The amendments done to RA 5527 include
1. RA 6138 (August 31, 1970),
2. P.D. 498 (June 28, 1974), and
3. P.D. 1534 (June 11, 1978).
Medical Technology Act
- truly augmented the salary and compensation
commensurate with the competencies and skills of the
Filipino medical technologists
Finally, during the first regular session of the Sixteenth
Congress on December 04, 2013 by virtue of House Bill
3502, amendments on several, sections of RA 5527
were enacted
AMENDMENTS AND THEIR PROCESS
Amendments
- changes to certain provisions of a Republic
- based on the premise that changes are made or to be
made for the purpose of
1. adapting to what is presently existing in the
professional practice and
2. expanding the rights and privileges extended to
an individual or a group of persons
Amendment process
- also involves bringing the proposed amendment to the
focus and attention of the Congress, similar to the
process of enacting a law derived from the three
readings of a bill,
The Senate and the House of Representatives review
the proposal. The Congress upon a vote of three-fourths
of all its members and both Houses must meet in a joint
session to discuss the amendment of the provisions
RA 5527 and CHED Memorandum Orders
Republic Act 5527
- clearly defines what encompasses the practice of
medical technology.
- also includes provisions on the scope and coverage of
the examination including some information on the
performance ratings
- more so with the composition, qualifications, and
functions of the Board of Examiners.
- the revocation, reissue, and issuance of Certification of
Registration are covered in the Act.
CHED Memorandum Orders
- emphasize the standard polices in applying for a
program permit and recognition, including the
requirements for library holdings, faculty, instruction,
schedule of budget, goals and objectives, and feasibility
study.
Activity: Analyze this case and answer the questions.
ase Commentary (2) Cara, a 30-year old medical
technologist of Hong Kong had worked in the said
country for almost six years. In her seventh year in Hong
Kong, she decided to take the Philippine Medical
Technology Licensure Examination and successfully
passed it. 1. What law qualifies a medical technologist
who worked abroad to take the board examination? 2.
Can she work in the Philippines? 3. What are the re
uirements so that she can work as a medical technolo st
in the country?
RA 5527 and Clinical Laboratory Accreditation and
Categories
Republic Act 5527
- includes the provisions on the accreditation of the
clinical laboratory as a training ground for interns or
externs as the case may be.
Accreditation of clinical laboratories
- used to be the function of the Bureau of Research
Laboratory and the Department of Health (DOH).
However, because of certain changes in the DOH, the
functions of classifying the laboratories are now under
the Commission on Higher Education (CHED).
First, the CHED implements the rules, regulations, and
policies before the program can be offered. The policy
covers the internship program. The classes of clinical
laboratories are described and discussed in'Chapter 6.
Second, the improvement of laboratory diagnostic
services benefits both students and patients; hence, the
function should be under the CHED.
Third, RA 5527 provides guidelines for the BRL, DOH,
and CHED.
trevisions of 5827 r-~uire th- mon it»-ring :no r ision b
the