AMENDING SECTIONS TWO, THREE, FOUR, SEVEN, EIGHT, ELEVEN, THIRTEEN, SIXTEEN, SEVENTEEN, TWENTY-ONE, AND TWENTY-NINE OF REPUBLIC ACT NO. 5527, ALSO KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969.

• Number: Presidential Decree No. 498
• Sections: 13

Preamble

WHEREAS, Republic Act No. 5527, An Act Requiring: the

Registration of Medical Technologists, Denning Their Practice, And For

Other Purposes took effect on June 21, 1969;

WHEREAS, in the implementation of said Act, some provisions

were found to be prejudicial to the interests of some medical technology

practitioners who would otherwise qualify for registration as medical

technologist without examination; and

WHEREAS, it was likewise found that some provisions were

inadequate to meet the primary objectives of maintaining the high

standard of the medical technology profession, hence, there is an

imperative need to correct these deficiencies of the said Act.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Republic of the Philippines, by virtue of the powers vested in me by the

Constitution as Commander-in-Chief of all the Armed Forces of the

Philippines, and pursuant to Proclamation No. 1081 dated September 21,

1972, as amended do hereby order and decree:

Section 1

SECTION 1. Subsections (a) and (d) of Section 2 of Republic

Act No. 5527 are hereby amended to read as follows:

"SEC. 2. Definition of Terms.—As used in this

Act, the following terms shall mean:

Practice of Medical Technology.—A person shall be

deemed to be in the practice of medical technology within the meaning of

this Act, who shall for a fee, salary or other compensation or reward

paid or given directly or indirectly through another, renders any of the

following professional services for the purpose of aiding the physician

in the diagnosis, study and treatment of diseases and in the promotion

of health in general:

Examination of tissues, secretions and excretions of the

human body and body fluids by various electronic, chemical,

microscopic, bacteriologic, hematologic, serologic, immunologic,

nuclear, and other laboratory procedures and techniques either

manual or automated;

Blood banking procedures and techniques;

Parasitologic-Mycologic and Microbiologic procedures and

techniques;

Histopathologic and Cytotechnology; provided that

nothing in this paragraph shall inhibit a duly registered medical

laboratory technician from performing histopathologic techniques and

procedures.

Clinical research involving patients or human beings

requiring the use of and/or application of medical technology knowledge

and procedures;

Preparations and standardization of reagents, standards,

stains and others, provided such reagents, standards, stains and

others are exclusively for the use of their laboratory;

Clinical laboratory quality control;

Collection and preservation of specimens;

Provided, That any person who has passed the corresponding

Board examination for the practice of a profession already regulated by

existing laws, shall not be subject to the provisions of the last four

(4) preceding paragraphs if the performance of such acts or services is

merely incidental to his profession.

Medical Laboratory Technicians.—A person

certified and registered with the Board as qualified to assist a medical

technologist and/or qualified pathologist in the practice of medical

technology as defined in this Act."

Section 2

SEC. 2. Section 3 of the same Act is hereby amended and

now to read as follows:

"SEC. 3. Council of Medical Technology Education,

Its Composition.—There is hereby established a Council of Medical

Technology Education, hereafter referred to as Council, which shall be

composed of the Commissioner of the Professional Regulation Commission

as Chairman, the Chairman of the Board of Medical Technology as

Vice-Chairman, and the two (2) members of the Board of Medical

Technology, and the Director of Private Education or its duly authorized

representative, the Director of the Bureau of Research and Laboratories

of the Department of Health, and a representative of the deans or heads

of the private schools of medical technology, as member."

Section 3

SEC. 3. Section 4 of the same Act is hereby amended to

read as follows:

"SEC. 4. Compensation and Traveling Expenses of

Council Members.—For every meeting actually attended, the Chairman

shall be entitled to a fifty pesos (P50.00) per diem while the members

shall be entitled to twenty-five pesos (P25.00) each regardless of

whether or not they receive regular salaries from the government. In

addition, the Chairman and members of the Council shall be entitled to

traveling expenses in connection with their official duties."

Section 4

SEC. 4. Section 7 of the same Act is hereby amended

to read as follows:

"SEC. 7. Medical Technology Board.—There is

hereby created a Medical Technology Board under the Professional

Regulation Commission, which shall thereafter be referred to as the

Board composed of a Chairman who is a pathologist, and two (2) members

who are registered medical technologists who shall be appointed by the

President of the Republic of the Philippines upon recommendation of the

Professional Regulation Commission. The Chairman and members of the

Board shall hold office for three (3) years after appointment or until

their successors shall have been appointed and duly qualified: Provided,

That the incumbent members will continue to serve until the expiration

of their terms.

In case of death, disability, or removal of a member of the

Board, his successor shall serve only the balance of his term."

SEC.

5. Paragraph 3 and 5 of Section 8 of the same Act are hereby

amended to read as follows:

"SEC. 8. Qualification of Examiners.—No person

shall be appointed a member of the Medical Technology Board unless he or

she:

x x x

x x x x

is a duly registered medical technologist of the

Philippines with the degree of Bachelor of Science in Medical

Technology/Bachelor of Science in Hygiene/Public Health;

x x x

is not a member of the faculty of any medical technology

school for at least two (2) years prior to appointment or having any

pecuniary interest direct or indirect in such institution."

Section 6

SEC. 6. Subsection (c) of Section 11 of the same Act is

hereby amended and subparagraphs (g), (h) and (1) are hereby added to

read as follows:

"SEC. 11. x x x

(c) Issue, suspend and revoke certificates of registration

for the practice of medical technology and medical laboratory

technician;

To determine the adequacy of the technical staff of all

clinical laboratories and blood banks before they could be licensed with

the Department of Health in accordance with R.A. No. 4355 and 1517;

To prescribe the qualification and training of medical

technologists as to special fields of the profession and supervise

their specialty examination conducted by the professional

organization of medical technologists accredited by the Professional

Regulation Commission;

To classify and prescribe the qualification and

training of the technical staff of clinical laboratories as to: Chief

Medical Technologist; Senior Medical Technologist; Medical Technologist

and Medical Laboratory Technician."

Section 7

SEC. 7. Section 13 of the same Act is hereby amended to

read as follows:

"SEC. 13. Accreditation of Schools of Medical

Technology and of Training Laboratories.—Upon the recommendation of

the Medical Technology Board, the Department of Education and Culture

shall approve schools of medical technology in accordance with the

provisions of this Decree. The Professional Regulation Commission upon

recommendation of the Medical Technology Board shall approve

laboratories for accreditation as training laboratories for medical

technology students or post graduate trainees upon satisfactory evidence

that said laboratories possess qualified personnel and are properly

equipped to carry out laboratory procedures commonly required in the

following fields: bacteriology, serology, parasitology, hematology,

biochemistry, and blood banking, and that the scope of activities of

said laboratory offer sufficient training in said laboratory

procedures."

Section 8

SEC. 8. Subparagraph (b) of Section 16 is hereby amended

to read as follows:

"SEC. 16. x x x

Has completed a course of at least four (4) years leading

to the degree of Bachelor of Science in Medical Technology or Bachelor

of Science in Public Health conferred by a recognized school, college or

university in accordance with this Decree or having graduated from some

other profession and has been actually performing medical technology

for the last five (5) years prior to the date of the examinations, if

such performance began prior to June 21, 1969."

Section 9

SEC. 9. Section 17 of the same Act is hereby amended to

read as follows:

"SEC. 17. Scope of Examination.—The examination

questions shall cover the following subjects with their respective

relative weights:

Clinical Chemistry

20%

Microbiology & Parasitology

20%

Hematology

20%

Blood Banking & Serology

20%

Clinical Microscopy (Urinalysis and other body fluids)

10%

Histopathologic Techniques, Cytotechnology, Medical

Technology Laws, Related Laws and its implementing rules, and the Code

of Ethics

10%

The Board shall prepare the schedule of subjects for

examination and to submit the same to the Commissioner of the

Professional Regulation Commission for publication at least thirty (30)

days before the date of examination. The Board shall compute the general

average of each examinee according to the above-mentioned relative

weights of each subject. Provided, however, That the Board may

change, add to or remove the list of subjects or weights above as

progress in the science of Medical Technology may require, subject to

the prior approval of the Professional Regulation Commission, and

publication of the change or amendment at least three (3) months prior

to the date of examination in which the same is to take effect."

Section 10

SEC. 10. Section 21 of the same Act is hereby amended to

read as follows:

"SEC. 21. Issuance of Certificate of Registration.—Every

applicant who has satisfactorily passed the required examination for

medical technologist shall be issued a certificate of registration as

such. Provided that no such certificate shall be issued to any

successful applicant who has not attained the age of twenty-one (21)

years. All certificate shall be signed by the members of the Board and

by the Commissioner of the Professional Regulation Commission. The duly

registered medical technologists shall be required to display his

certificate of registration in the place where he works: Provided,

That upon application filed and the payment of the required fee of one

hundred and fifteen pesos (P115.00) the Board shall issue a certificate

of registration as medical technologist without examination to persons

who have been graduated with Bachelor of Science in Medical

Technology/Bachelor of Science in Public Health in duly recognized

schools of medical technology in the Philippines or in any foreign

country, provided, that in case of the latter, the standard of medical

technology education is substantially the same as ours, and in addition

shall have been in the practice of medical technology for at least three

(3) years prior to the filing of the application in laboratories in the

Philippines duly accredited by the Bureau of Research and Laboratories,

Department of Health, or in foreign countries if such performance began

prior to June 21, 1969 and also to all other persons who having

graduated from other professions have been actually performing medical

technology practice for the last eight (8) years prior to filing of the

application: Provided, That such performance began prior to June

21, 1969. Provided, further, That the Board shall likewise issue a

certificate of registration as medical laboratory technician without

examination to any person who upon application and payment of the

required fee of fifty pesos (P50.00) show evidence satisfactory to the

Board that:

He or she passed the civil service examination for

medical technician given on March 21, 1964; or

Has finished a two-year college course and has at least

one (1) year of experience as medical laboratory technician: Provided,

That for every year of deficiency in college attainment two (2)

years of experience may be substituted: Provided, further, that

an applicant who has at least ten (10) years experience as medical

laboratory technician as of the date of approval of this Decree

regardless of his academic attainment may qualify for

registration without examination; or

Has failed to pass the board examination for medical

technology but had obtained a general rating of at least 70%: Provided,

finally, that a registered medical laboratory technician when

employed in the government shall have the equivalent civil service

eligibility not lower than second grade."

Section 11

SEC. 11. Section 29 subparagraph (j) of the same Act is

hereby amended to read as follows:

"(j) Any person or corporate body who shall allow anyone in

his employ who is not a registered medical technologist medical

laboratory technician to engage in the practice of medical technology or

recommend for appointment anyone to the position of medical

technologist/medical laboratory technician knowing that he is not

registered as such."

Section 12 Repealing Clause.

SEC. 12. Repealing Clause.—All laws, executive

orders, decrees, rules and regulations or parts thereof, inconsistent

with the provisions of this Decree are hereby repealed, amended or

modified accordingly.

Section 13

SEC. 13. This Decree shall take effect immediately.

Done in the City of Manila, this 28th day of June, in the

year of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary