Presidential Decree No. 498 (PD 498) — 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.
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. 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."
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."
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."
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."
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."
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."
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."
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."
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."
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."
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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
