(1) History of the Medical Laboratory Science

Definition of terms:

Medical Technology

 Heinemann- the application of the principles of natural, physical and biological science
to the performance of laboratory procedures which aid in the diagnosis and treatment of
disease.
 Fagelson- branch of medicine concerned with the performance of lab determinations and
analyses used the diagnosis and treatment of disease and the maintenance of health.
 Walters- the health profession concerned with performing lab analyses in view of
obtaining information necessary in the diagnosis and treatment of disease as well as in the
maintenance of good health.
 RA 5527- auxiliary branch of laboratory medicine which deals with the examination of
tissues, secretion and excretion of the human body and body fluids by various electronic,
chemical, microscopic and other medical laboratory procedures/techniques either manual
or automated.

Clinical Laboratories:

 Facilities that performed chemical and microscopic examination of various body fluids
like blood and tissues.
=can be found in:
o Government hospitals
o Private hospitals
o Non-hospitals

Pathologist:

 Director of clinical laboratory = speciality in pathology as certified by PBP

 Pathology
o Practice of medicine which contributes to diagnosis, prognosis and treatment of
disease
 2 areas
o Anatomic= Autopsy and biopsy
o Clinical = chemical, microbiological, hematologic procedures

Medical Technologist:

 Baccalaureate degree in a college or university recognized by CHED

 Clinical internship in a training lab that is accredited by BHFS
  Passed the licensure exam
 Medical detectives

Employment opportunities:

 Medical technologists; specialists; clinical laboratory supervisors; chief med tech,

laboratory owners
 Research: industrial; medical
 Instructors/professors in the academe
 Employment abroad
 Pre-medicine course

Personal traits:

 Physical stamina
 Good eyesight/normal color vision
 Manual dexterity
 Good intellect
 Aptitude for the biological sciences
 Caring attitude
 Good communication skills
 Ability to relate well to others

History of Medical Technology as a Profession

Prehistoric times:

 400 B.C- diagnosis of disease greatly depends on the mere observation of the clinical
symptoms of the patient’s palpation and auscultation
 Health care problems were solved through superstitious practice, magical or religious
beliefs or the used of herbs
 Ancient Egypt
o Imhotep- provided hundreds of remedies for numerous affliction ranging from
crocodile bites to constipations
 Ancient Greece
o Aesculapius- temples of healing precursors of the first hospitals
 Rome
o Galen- viewed diagnosis of diseases as a fine art

Ancient times:
  460 B.C
o Greek Physician- Hippocrates (Father of Medicine)
o Formulate the Hippocratic Oath, the code of ethics for practicing physicians.
o Describe four “humors” or body fluids in man:
 Blood, phlegm, yellow bile, black bile
 Urine Analysis
o Astrology, superstition and folk-lore often influenced ancient physician in making
diagnoses, but they made credible observation about urine
o Passed down from ancient times as the oldest of laboratory procedure
 Chinese
o Practiced immunization by inhaling powder made from smallpox scrabs to
develop immunity to the disease
 Roman
o Developed lab. Tools such as scalpels, forceps, specula, and surgical needles
which are still used today
 Polyuria of diabetes was noted in ancient times
o Condition fluids or body urinates more than the normal range
o Defined frequent of passage of large volume of urine 3 liters a day
 600 B.C
o Hindu physician recorded the sweet taste of diabetic urine
o Another physician noted in 1674, that urine in diabetes had taste similar to honey

The Middle Ages

 1550 B.C
o Vivian Herrick
 Traces the beginning of medical technology when intestinal parasites such
as Taenia and Ascaris were first identified
 Elbers Papyrus
o Believe that medical technology began when a book for the treatment of disease
published; book contained the description of the three stages of hookworm
infection and the disease it could produce to human.
 Ruth Williams
o Historian of the profession
o Medical technology began from the medieval period (1096-1438) as supported by
the fact that urinalysis was a fad.
 14th century
o Anne Fagelson
 believe that medical technology started when a prominent Italian doctor at
the University of Bologna employed Alessandra Giliani to perform
different tasks in the laboratory.
  1632
o Anton van Leeuwenhoek
 Invented and improved the compound microscope (1632)
 He was the first to describe red blood cells, to see protozoa, and to classify
bacteria according to shape.
 Around 1628-1694
o Malphigi- greatest of the early microscopist; his contributions to embryology and
anatomy made him known as the “Father of Pathology”
 Discovery of the different dyes such as aniline dyes used in staining microorganisms was
in the mid-15th century
 1815- Physicians started to recognize the use of lab findings using cadavers to elucidate
the causes of the diseases; it was first introduced by Karl Von Humbeldt
 Spread to Greece, Japan, Turkey, US and England
 1844
 M. Ruth Williams- University of Michigan opened the first chemistry laboratory and
began giving laboratory instruction
 Rudolph Virchow (1847)
o Founded the archives of pathology in Berlin
 Hermann Von Fehling ( 1848)
o Perfomed the first quantitative test for sugar
 Dr. William Burdou Sunderson (1878)
o Initiated used of lab. Animals for experiments as part of the means of diagnose
disease
 Dr. William Occan (1800)
o Collected data by using lab procedures to diagnose his patients
 Blood letting
o Curing most afflictions
o Bled with leeches by cutting a blood vessel
o Practice ended and stud y of blood and its cellular element began

Progress 1600-1900:

o 1625- development of microscope described

o 1673- functional fundamental; (microscope) become available
o 1837- pioneering course in medical microscopy was first taught in Paris
o 1850- Aniline dyes used throughout the lab. Then and today were developed
 1878
o Dr. William H. Welsh
o Father of American Pathology
o Set up first pathology laboratory in America at Bellevue Hospital
 1896
o First clinical laboratory was opened a 12 foot by 12 foot room equipped at cost of
50$ at John Hopkins Hospital (Dr. William Osler.)
o Operated in hospitals at Boston, New York and Philadelphia
 From 1886 and the years that followed, many clinical laboratories were established in the
different parts of the United States. This caused an increase in the demand for
appropriately trained lab. Technicians
 Dr. James C. Todd and Arthur H. Sanford (1908)
o “manual of Clinical Diagnosis)
o Revised Title: Diagnosis and Management by Laboratory Methods
o Later editions: Editors: Henry and Davidson
 George Papaniculao- described the Pap’s staining teachnique
 First world war: biological stains used to demonstrate disease- causing bacteria become a
very important commodity

1900 to present:

o A census at the turn of the century indicated that 100 technicians were employed
in the United States. All were men but not all were medically technicians
 WW1 (1914-1918)
o Was an important factor in the growth of the clinical laboratory with a demand for
medical personnel in the military as well as civilian hospitals, both men and
women were receiving medical training
 1915
o The state of Pennsylvania passed a law that required all hospitals be equipped with
adequate laboratories employing trained technicians
 1920
o The census recorded 35000 technicians, over half were now women
 Always a need for appropriately trained medical personnel, an ad in the AMA Journal
from 1920 read, “ Wanted: A physicians technician to take change of a well-established
laboratory must be able to do all kinds of laboratory work”
 1922
o 3000 U.S hospitals indicated they had established a department for the clinical
laboratory
 1921-1922
o First formal laboratory course was established at Woman’s Medical School and
Woman’s Hospital in Philadelphia in and recorded in the files of the Registry of
Medical Technologies
 1922
o The American Society of Clinical Pathologist, ASCP was organized
 The University of Minnesota is credited with the first degree program in Medical
Technology, established prior to 1925. It has admission requirement equivalent to those of
B.A and B.A degree
 1926
o American College of Surgeon’s accreditation standards decreed that all hospitals
have a clinical laboratory under the direction of a physicians, preferably a
pathologist
 1928
o ASCP- created the Board of Registry (BOR) to certify individual lab. Technicians
and later the Board of School for the accreditation of educational programs. After
the exam they are referred as Medical technologist identified by the acronym “MT
(ASCP)
 1933
o New organization was formed the American Society of Clinical Laboratory
Technicians (ASCLT)
o Renamed: American Society of Medical Technologists (ASMT)
 1936
o American Board of Pathologists was established
 1937
o Blood banking became a practical procedure among American hospitals
 1940
o US required a 2 year college education and a 12 month actual training in the
laboratory for practice
 1950
 A standard curriculum was formalized (4 years B.S degree)
 Post WWII
o A growing complexity of laboratory test
o Discovery of chromatography by TSWETT
o Performed of CC tests from manual to the used of spectrophotometer
 1952
o Gas liquid chromatography developed by Martin and James
 1953
o Immunoelectrophoresis ( Graber and Williams)
 1957
o Continuous flow Automatic Analyser (Leonard Skeggs)
 1960
o First studies in the US on 131 insulin in plasma ( Berson-yallow)
o Cytogenetics was developed
o Discovery of the Philadelphia chromosomes (Nowell and Hungerford)
 1965
 o Uncovered the major histocompatibility complex (HLA system) (Dausett, et al.)
 1969
o Computerization in clinical laboratories
 1975
o Introduced hybridoma technology and breakthrough in immunochemistry and
immunology leading to the discovery of tumor markers ( Kohler and Milstein)

(2) History of Medical Technology in the Philippines

26th Medical Laboratory of the 6th US Army:

 Located in Quiricada Sta. Cruz Manila

 Now known as Public Health Laboratory
 Was left by the 6th US Army in June 1945
 Endorsed to the National Department of Health

February 1944:

 Training of High school graduate to work as laboratory technicians

Reorganization of the Laboratory:

 By Dr. Pio deroda assisted by Dr. Mariano Icasiano (who was then the Manila City
Health Officer)
 Renamed: Manila Public Health Laboratory

Training of Laboratory Workers:

 1947
 By Dr. Pio de Roda in collaboration with Dr. Prudencia Sta Ana
 The training was ineffective because:
o Trainees were never motivated
o No program was supposed to last for a definite period
o No certificates were issued

Formalizing the training of Laboratory Workers:

 1954
 Training began using the syllabus prepared by Dr. Sta. Ana and it lasted for six months
 Dr, Briones later joined the two Dr. deRoda anf Dr. Sta.Ana

Formal medical technology education in in the Philippines:

1954
  Philippines Union College of Baesa Caloocan, Rizal offered the first four-year BS
Medical Technology course thru Manila Sanitarium and Hospital

1956

 Dr. Jesse Umali first Graduate of BS Medical Technology at PUC (Philippine Union
College)

1957-1858

 4th and 5th year BS Pharmacy students took medical technology as an elective under Dr.
Antonio Gabriel and Gustavo Reyes at UST
 Rev. Fr. Lorenzo Rodrigues
o Decided to offer medical technology as a course
 June 17, 1957
 Temporary permit was issued for 1st to 3rd year by the Department of Education

1960-1961

 June 1960
o Permit the internship program issued to UST
 June 14, 1961
o Full recognized of the 4 year BS medical technology course of UST

1962

 CEU, Mrs. Purification Sunico- Sauco undertook a feasibility study for the offering of the
BS Med Tech, Granted permisiion by the University President, Carmen de Luna
 1962- first batch at CEU graduated
 July 05, 1962- the Bureau of Education approved the program of BS medical Technology
of IM under Dr. Horacio A Ylagan and Dr. Serafin Juliano thru the authority of Dr. Lauro
H. Panganiban (Dean, Im) and Dr. jesus Nolasco ( Secretary, IM)

PASMETH, INC. – Current Dean Bernard U Ebuen

 National organization of recognized schools

 Organized by Dr. Serafin Juliano and Dr. Gustavo U reyes as appointed by Director
Narcisso Albaraccin
 Formed on May 13, 1970
 To maintain the highest standard of MT/PH education to foster closer relations among
these schools

PASMETH Accomplishments:
  CPE for MT faculty
 Preparation of standard curriculum for BS MT schools
 Preparation od std course syllabi for professional subjects in MT
 Scholarship grants for MT students
 Community outreach projects
 Recognition of graduates of BSMT (PASMTH Gold Medal for Excellence Award)
 Accreditation as CPE provider

One of CPD provider is PAMET: current president of PAMET is Romel Saceda

 National organization of all registered MT

 Organized by Mr. Crisanto Almario (Father of PAMET)
 Organized on Sept. 15, 1963

PAMET Accomplishment:

 Recognition as a profession
 Approval of RA 5527
 Registration of PAMET with International Association of Medical Laboratory
Technologists (IAMLT) on May 28, 1970
 Proclamation of the 3rd week of sapt. As Philippine MT. Week
 Upgrading the MT profession by raising the prof. code number from 20 to 30
 Medical missions
 Closer coordination with other professional organization in the health care delivery
system
 Scholarship
 Wider affiliation with international association

The PAMET Presidents:

1. Mr. Charlemagne Tamondong

2. Mr. Nardito Moraleta
3. Mr. Felix Asprer
4. Mr. Bernardo Tabaosares
5. Ms. Angelina Jose
6. Ms. Venerable Oca
7. Ms. Carmencita Acedera
8. Mrs. Marilyn Atienza
9. Dean Norma Chang
10. Ms. Agnes Medenilla
11. Ms. Shirley Cruzada
12. Ms. Leila Florento
 13. Mr. Ronaldo E. Puno

(3) Philippine medical technology act of 1969 (RA 5527)

 Approval: June 21, 1066

 Medtech tech Us immigrants
o 8th preference (skilled workers) to 3rd preference (professional)

Amendments:

 RA 6138: August 31, 1970

 Effectivity was retroactive as of June 21, 1969
 Revised section:
o Section 16: qualification for examination
o Section 21: issuance of COR
o Section 22: fees
 PD 498: June 28, 1974
o Section 2: definition of terms (practice of MT and Medical laboratory
technician)
o Section 3: council of Mt education, composition
o Section 4: compensation and traveling expenses of the council
o Section 7: MT board
o Section 8: qualification of examiners
o Section 11: functions and duties of the board
o Section 13: accreditation of schools of medical technology and the training
laboratories
o Section 16: qualification for examination
o Section 17: the scope of examination
o Section 21: issuance of certificate of registration
o Section 29: penal provisions
 PD 1534: June 11, 1978
o Section 3: council of MT education, its composition
o Section 8: qualification of examiners
o Section 13: accreditation of school of MT and of training laboratories

Section 1: Title:

 This act may also be cited as the “ Philippine Medical Technology Act of 1969”
Section 2: Definition of Terms:

 A. practice of Medical Technology:

o A person shall be deemed to be in the practice of medical technology within the
meaning this act, who shall for a fee, salary or other compensation or reward pain
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
o Examination of tissues, secretions and excretion 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.
o Blood banking procedures and techniques
o Parasitologic, mycologic and microbiologic procedure and technique
o Histopathologic and cytotechnology; provided that nothing in this paragraph
shall inhibit a duly registered medical laboratory technician from performing
histopathologic techniques and procedures
o Clinical research involving patients or human beings requiring the use of and/ or
application of medical technology knowledge and procedures
o Preparations and standardization of reagents, standards, stains and others,
provided such reagents, standards, stains and others are exclusively for the use of
their laboratory
o Clinical laboratory quality control
o Collection and preservation of specimen; provided that any person who has
passed the corresponding Board examination for the practice of a profession
already regulated by existing law, shall not be subject to the provisions of the last
four preceding paragraphs if the performance of such acts or services is merely
incidental to his prefession
 B. Pathologist
o A duly registered physician whonis specially trained in methods of laboratory
medicine, of the gross and microscopic study and interpretstion of tissues,
secretion and excretions of the human body and its functions in order to diagnose
diseases, follow its course, determine the effectivity of treatment, ascertion cause
of death and advance medicine of research
 C. Medical Technologies
o A person who engages in the work of medical technology under the supervision
of a pathologist of licensed physician authorized by the Department of Health in
places wher there is no pathologist
o Passed the prescribed course (BSMT, BSH) of training examination and
registered under the provision of this act
 D. Medical laboratory technicians
 o Certified and registered by the board
o Assists a medical technologist and or pathologist
 E. Accredited Medical Technology Training Laboratory
o Clinical laboratory, offices, agency, clinic, hospital or sanitarium
o Most approved by the Department of Education
o Approved by DOH or its authorized agency
 F. recognized School of Medical Technology
o School, university or college that offers BSMT
o Approved by DOE
 G. Council
o The council of medical technology education
 H. Board
o The board of examiners for MT established under this Act.

Section 3: Council of medical Technology, it’s Composition:

 Chairman: director of higher education

 Vice chairman: chairman of the professional regulation commission
 Members:
o Director of BRL of DOH
o The chairman and the 2 members of the board
o A representative of the deans of PASMETH
o President of PSP
o President of PAMET

Section 4: Compensation and Travelling Expenses of Council Members:

 Php 50.00 per item for every meeting actually attended for the chairman
 Php 25.00 per diem for member
 They are also entitled to travelling expenses in connection with their official duties

Section 5: Functions of the Council of Medical Technology Education:

 Recommend the minimum required curriculum for the course of medical technology.
 To determine and prescribe the number of students to be allowed to take up the
medical technology course
o Students- instructor ratio
o Check the facilities of school
 Approved School offering BSMT and to recommended closure
 require all MT schools to submit an annual report on or before the month of June
o total number of students and instructors
o list of facilities
 o list of recent graduates
 to inspect the diff. schools of MT
 to certify for admission into an undergraduate internship
o Php 5.00 is collected from every applicant
 Formulate and recommend approval of refresher course
 Prescribe and enforce necessary rules and regulations for the proper implementation
of the foregoing functions

Section 6: Minimum Required Course:

 3 years academic and 12 months internship

 CMO 12 section 2017

Section 7: Board of Examiners for Medical technology:

 Under PRC
 Composition
o Chairman: pathologist (marylene a. cabarza)
o 2 members: RMT’s (marylene ateinza and marian n. tandig)
o mary
 appointed by the president of the Philippines
 hold 3 years of office after appointment
o in case of death, disability or removal, the successor shall serve only the balance
of his term

Section 8: Qualifications of Examiners:

 a Filipino citizen
 good moral character
 qualified pathologist or RMT
 has been in practice of laboratory medicine or medical technology for at least 10 years
prior to his/her appointment
o may be reduced to 5 years
 not a member of the faculty of any medical technology school for at least 2 years prior to
his/her appointment

Section 10: Compensation of Members of the Board of Examiners:

 Php 10.00- for each applicant examined

 Php 5.00- for each applicant granted a certificate of registration without examination

Section 11: Function and Duties of the Board:

  Administer the provisions of this act
 Administer oaths
 Issue, suspend, revoke certificate of registration
 Look into conditions affecting the practice of medical technology
 Investigate violations of this act
 Draft rules and regulations as may be necessary to carry out the provisions of this act
 To determine the adequacy of the technical staff of all clinical laboratories and blood
banks before licensing
 To prescribe the qualifications and training of medical technologists as to special fields
o Supervise their specialty examination
 To classify and prescribe the qualification and training of the technical staff clinical
laboratories
o senior medical technologist
o Medical technologist
o Medical laboratory technician

Section 12: Removal of Board Members:

 Reasons for removal

 Board member is removed by the president after given due process
 The president shall also appoint a temporary member during his investigation and
suspension

Section 13: Accreditation of Schools of Medical Technology and of Training Laboratories

 THE BOARD OF Medical Technology shall recommend to DOE the approval of schools
offering BSMT
 The DOH through the BRL shall approve of laboratories for accreditation as training
laboratories for MT students or post-graduate trainees
 Requirements:
 Posses qualified personnels
 Properly equipped for CC, Microbio, Sero, Para, Hema, BB,CM and histopath
 The scope of activities should offer sufficient training

Section 14: Inhibition against the Practice of Medical Technology:

 A valid certificate of registration is needed to practice medical teachnology

 Exemptions:
o Duly registered physicians
o MT’s from other countries
 For consultation purpose
 Visiting or exchange professors to college and universities
  Mt’s in the services of USAF
 Should render services only to their members

Section 15: Examination:

 Board exam
o Give 2x a year: march and September
o Covid: January, march and September
 Location and lay is specified by the board
 Written notices shall be published in at least 3 national newspaper by the secretary of the
board 30 days prior to the date of exam

Section 16: Qualification of Examination:

 In good health
 Of good moral character
 Completed the course of BSMT of BSPH
 Graduated from some other profession
o Performing medical technology for the last 5 years prior to the date of
examination if such performance began prior to June 21, 1969

Section 17: Scope of Examination:

 Clinical chemistry -20%

 Microbiology and Parasitology- 20%
 Hematology- 20%
 Blood Banking and Serology- 20%
 Clinical microscopy (urinalysis and other body fluids)- 10%
 Histopathologic techniques, cytotechnology, med tech laws and its implementing rules,
and code of ethics- 10%
 The board
o Prepares the schedule of exam and submit to the commissioners of PRC for
publication at least 30 days prior the exam.
o May change, add to or remove from the list of subjects or weights above as
progress in the science of Medical Technology may require
 Should be approved by the PRC and be published three months before
exam
o The board shall compute the general average of an examinee according to the
above- mentioned relative weights of each subject

Section 18: Report of Rating:

  The board will report the result of the examination to the commissioner of Civil Service
within 120 days
 The commissioner of the civil service will in turn report it to the president of the
Philippines for approval

Section 19: Ratings in the Examination:

 A general average of 75% must be obtained in the written test

 No rating below 50% in any of the major subject
 No failure in at least 60% of the subject compound according to their relatives weights
 Failure of 3x = 12 months refresher course an accredited lab
 If a person is graduate of another paramedical course, no further exams will be given
after failing for the third time

Section 20:Oath Taking:

 Oath should be taken

 Before the 16oard
 Before any person authorized to administer oath

Section 21:Issuance of Certificate of Registration:

 The certificate of registration should always be displayed in his/her place of work

 A certificate of registration shall be given to every successful examinee
o Signed by the board
o Php 115.00
 The board may also issue a certificate of registration w/out examination to persons
who have been graduated with BSMT/BSPH in the Philippines or in other country
(standard should be the same with ours)
o Provide that
 They have in been in practice for 3 years before June 21, 1969
 The board may also provide certificate of registration to any person graduate from
any profession
o Provided that they have been practicing medical technology for the past 8
years
 Prior to June 21, 1969
 For Medical Technicians:
o No examination
o Pay Php 50.00
o A certificate of registration may be issued to them if:
 passed the civil service examination for medical technician given
March 21, 1964
  has finished a 2 year collage course
 1 year of experience as medical laboratory technician
 For every years of deficiency in college attainment, 2 years of
experience may be substituted
 A medical technician who has been practiced for 10 years regardless
of his educational attainment may qualify for registration without
examination

Section 22: Fees:

 50.00 per applicant for each certificate of registration issued

 25.00 for certificate lost
 20.00 for certificate destroyed or multilated
o Pay to the disbursing office of the CSC
o Money will be used for the expenses ad compensation of the board

Section 23: Refusal to Issue Certificate:

 If convicted by the court of any criminal offenses involving moral turpitude

 Guilty of immoral or dishonourable conduct
 Of unsound mind
 Incurable communicable disease
 A letter will be given to the applicant stating the reason for refusal

Section 24: Administrative Investigation:

 Investigation shall be conducted by at least two members of the board with one legal
officer sitting during all administrative proceedings
 Revocation of certificates
o Right of respondents
 Entitled to be represented by counsel or be heard in person
 Have a speedy and public hearing
 To confront and cross-examine witnesses against him or her
 To all other rights guaranteed by the constitution
 Sanction:
o Reprimand or penalty
o Revoke of license
o Suspend- should not be more than 2 years
 The certificate of registration should be surrendered within 30 days after the decision
become final
o Perpetual disqualification if not
 The suspension shall run from the date off suspension
  Reason of revocation or suspension
o Unprofessional conduct
o Malpractice
o Incompetency
o Serious ignorance
o Grow negligence in the practice of medical teachnology
o For causes enumerated in section 29 of this act

Section 25: Appeal:

 Appeal are made to the civil service commissioner

o Their decision become final after 30 days
o The respondent can appeal to the office of the President of the Philippine within
the same period

Section 26: Reinstatement, Reissue, or Replace of Certificates:

 For proper and sufficient reasons, the board may reissue an revoked registration
 The suspension of a certificate shall be re-issued to the medical technologist concerned
upon request without prejudice to further actions

Section 27: Foreign Reciprocity:

 Foreigners cannot take the Philippines board exam

 Foreigners will not be issued certificate of registration
 Foreigners are not entitled to the rights and privileges under this Act
 Unless
o His country permits the same privileges to a Filipino Medical Technologist

Section 28: Roster of Medical Technologists:

 The roster is prepared by the secretary of the board

 It contains the Med Tech’s:
o Name
o Address
o Citizenships of each registered Medical Technologist
o Date of registration or issuance of certificate
o Other pertinent data
 Copies are sent to each medical technologist listed to it
 It is open to the public, private or governmental, upon request
 It is one file in the following offices:
o Offices of the president
o Department of health offices
  Department heads
 All bureau
 Offices
 Instrumentalities

Section 29: Penal Provisions:

 A fine of not less than two thousand pesos nor or more than five thousand pesos, or
imprisonment for not less than six months nor more than two years, or both in the
discretion of the court is given to the following:
o Unregistered Med tech or exempted from registration in accordance to the
provisions of this act
o A med tech not supervised by a pathologist or physician authorized by the DOH
 A med tech who makes false report
 A med tech who refuses to display his certificate of registration in the place where he
works
o Warning is given by the board
 Any person using the COR of another
 Any person who shall give any false evidence of any kind to the board or any member
thereof in obtaining a certificate of registration as Medical Technologist
 Any person who shall impersonate any registrant or like or the same name
 Any person who shall attempt to use a revoked or suspended certificate of registration
 Any person who shall in connection with his name or 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
 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 30: Separability Clause:

 All acts, executive, rules and regulations, or parts thereof inconsistent with the provisions
to any persons or circumstances is declare invalid by a court of competent jurisdiction,
the remainder of this Act of the application of such provisions to other persons or
circumstances shall not be affected by such declaration.

Section 31: Repealing Clause:

  All acts, executive, 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 Medical Act of 1959 (R.A 2382, as
amended by R.A 4224), the Clinical Laboratory Act of 1966 (R.A 4688), and the Blood
Banking Law of 1956 (R.A 15170

Section 32: Effectivity:

 This Act shall take effect upon its approval

 Approved: June 21, 1969

(4) RA 4688: CLINICAL LABORATORY LAW

TITLE:

 “an Act Regulating the Operation and Maintenance of clinical laboratories and
Requiring the Registration of the Same with the Department of Health, Providing
Penalty for the Violation Therefore and for other Purposes”

RA 4688:

 Approved: June 18, 1966

o Promulgated for the purpose of preventing the operation and maintenance
of substandard, improperly managed and poorly equipped clinical
laboratories
 Clinical laboratory law

Primary Purpose of Clinical Laboratories:

 To determine the character and quantity of the various chemical substances in the
blood and other body fluids, tissues, secretion and excretions
 To assist the different substances of secretion and excretion of the human body

A.0 No. 59 s. 2001: A.0 No. 2007- 0027(Rules and Regulations Governing the
Establishment, Operation and Maintenance of Clinical Laboratories in the Philippines):

Section 1: Title:

 “ Rules and Regulations Governing the Establishment, Operation and Maintenance of

Clinical Laboratories in the Philippines”

A.O. No. 2007- 007:

 “Revised Rules and Regulations Governing the Licensure and Regulation of Clinical
laboratories in the Philippines”
 o To make sure the laboratory to release accurate and precise result
 Approved: August 22, 2007
 Updates the minimum standards and technical requirements for clinical laboratories
o Ensures accuracy and precision of Laboratory examination sin order to
safeguard public health and safety

Section 2: Authority:

 Issued to implement R.A. 4688: Clinical Laboratory law

 Consisted with E.O. 102 s. 1999: Redirecting the functions and operations of the DOH
 The DOH, thru the BHFS in the Health Regulation Cluster, shall exercise the regulatory
functions under these rules and regulations

Section 3: Purpose:

 To protect and promote the health of the people

o By ensuring the availability of clinical laboratories
o Properly managed (Clinical laboratories) with adequate resource (Primary,
Secondary and Tertiary Laboratories)
o Effective and efficient performance thru compliance with quality standards
(Quality control and Quality assurance program)

Section 4: Scopes:

 All entitles (all individuals, agencies, partnerships or corporations that operate clinical
laboratories in the Philippines) performing the activities and functions of Clinical
laboratories
o Examination and analysis of
 Any or all samples of human and other related tissues
 Fluids
 Secretions
 Excretions
 Radioactive
 Other materials from the human body
o For
 Prevention, diagnosis and treatment of diseases
 Promotion of personal and public health
o Exemptions
 Government clinical laboratories doing microscopy work only for specific
DOH programs
 Malaria screening
 Acid fast bacilli microscopy
  Tests for STI’s
 Cervical cancer screening using PAP’s smears
o Their services are declared as extension of a licensed
government clinical laboratory

Definition of Terms:

 Applicant- person who intends to operate a clinical laboratory

 BHFS – Bureau of Health Facilities and Services
o To set minimum standard
o To disseminate the regulation
 CHD
 Clinical laboratory
o A facility where test are done
o To obtain information about the health of a person
o Tests include: CC (urinalysis) , hema, Immunohema. Microbio, immunology,
CM, Histopath, cytology, toxicology, endocrinology, molecular biology and
cytogenetics
o Other function of the clinical lab
 Advisory services covering all aspect of laboratory investigation
(includes interpretation of results and advice on further investigation)
o Total testing process;
 Pre-analytical
 Analytical
 Post-analytical
o Critical values
 Panic values
 “life- threatening” (lundberg)
 Corrective actions should be taken
o DOH
o EQAP
 Lab are given unknown samples and are processed the usual way
o Inspection tools
 Checklist used by regulatory officers
 To evaluate compliance to the minimum standards and technical
requirements
o Institutions
 Corporate body or establishment for an educational, medical, charitable, or
similar purpose
o License
  Issued by the DOH upon compliance with the requirements for setting up
a clinical lab
o Licensee
 To whom the license is issued
o LTO
 License to operate
o Mobile clinical laboratory
 Lab testing unit
 Moves from one testing site to another or has temporary testing site
 Should have a base laboratory
o Monitoring examinations
 Tests done in series
 Guide for treatment or follow-up of their condition
o NRL –national reference laboratory – government laboratory
 Designated by the DOH
 Government laboratory
 Functions include:
 Confirmatory testing
 Surveillance
 Resolution of conflicting results between or among laboratories
 Training
 Research
 Implementation of EQAS
 Evaluation of diagnostic kits and reagents
o POL
 Physician’s Office Laboratory
 An individual doctor’s office/ clinical wherein lab examination are
performed
o POCT
 Point of care testing
 Diagnostic testing at or near the site of patient care
 Include:
 Bedsides testing
 Outpatient
 Home care
o Routine test
 Basic tests
 Follow the usual procedure and system in the laboratory
o Satellite testing site
 Testing site outside the physical confines of the lab
  Under administration control of the lab
o STAT tests ( sta’tim = immediately)
 Done on urgent cases
 Results are released immediately (w/in 1 hour)

Section 5: Classification of Laboratories:

 Classification by Ownership
o Government
o Private
 Classification by function
o Clinical pathology
 CC, hema, immunohema, micro, immunology, CM, endocrinology, mole
bio, cytogenetics, toxicology, therapeutic drug monitoring
o Anatomic pathology
 Surgical, immunohisto, cytology, autopsy, forensic, molecular
 Classification by institutional character
o Institution based- operatres witihin the premises and as part of an institution
 Hospitals, medical clinic, schools, medical facility for OFW’s and
seafarers, birthing home, psychiatric facility
o Freestanding- does not form part of any institution
 Classification by service capability
o General clinical laboratory
o Special clinical laboratory

 General clinical laboratory

o Primary category minimum service capability
 Routine Hematology- cbc, h/h, wbc ct (leulocytes number fraction), Diff
ct (leukocyte type nu,ber fraction
 Qualitative platelet determination
 Routine urinalysis
 Routine fecalysis
 Blood typing ( for hosp based)
 Secondary- primary lab +
o Routine clinical chemistry- blood glucose substance concentration
o BUN, BUA, creatinine, total chole
o Quantitative platelet determination
o Cross matching
o Gram staining KOH
 FOR HOSPITAL BASSED
 Tertiary lab- primary + secondary lab
 o Special chemistry
o Special hematology +coagulation procedures
o Immunology
o Microbiology –CNS
 Aerobic and anaerobic (for hosp- based)
 Aerobic and anaerobic (for non- hosp- based )
 Clinical lab may go beyond minimum services capability provided that
o With proper staff, equipment’s, reagent, supplies additional service should be
listed in the LTO
 Limited service capability (for institution based only)
o Lab test for a particular service in the institution
 Example: dialysis and social hygiene
 Special clinical laboratory
o Offers a highly specialized lab service not offered by a general clinical laboratory

VI: Guidelines:

 General guidelines
o LTO is issued only to those who can comply with requirements (by BHFS)
o Clinical laboratories for teaching and research is exempted from requirements but
is required to register with BHFS
o Special clinical laboratories
 Assisted reproduction technology laboratories
 Molecular and cellular technology
 Molecular pathology
 Molecular biology
 Forensic pathology
 Anatomic pathology laboratories
 Required to register with the BHFS w/o being licensed
o NRL’s within clinical laboratories in hospitals shall be covered by clinical
laboratory’s license
o Independent NRL’s shall register with the BHFS
 Provided
 They are accredited or certified by an international accrediting or
certifying body
 CDC of USA
 WHO
 Local accrediting or certifying body recognized by DOH
o POL’s are required to register of
 They issue laboratory results
 They perform more than monitoring examinations
  They cater not only to the physicians own patients
o POCT
 Under management and supervision of the licensed clinical laboratory of
the respective hospital

Specific Guidelines:

 Standards- all CL’s should be organized quality, effective and efficient lab service
 A. human resource
o Pathologist- head of lab
 Either clinical or anatomic and certified by PBP
 Have a administrative and technical supervision of activities
 Supervision is according to standards set by the PSP
 With adequate number of med tech’s with documented trainings
 With staff development and continuing education
 B. Equipment
o Available and operational equipment
o Calibration, preventive maintenance and repair program
o A contingency plant in case of equipment breakdown
 C. Glassware, reagents and supplies
o Should be made available always
o With inventory control
o Stored under the required conditions
 D. Administrative procedures
o Written policies and procedures
 For provision of lab services
 For operation and maintenance of the lab
 E. Technical Procedures
o Documented technical procedures in each section of the lab
o Ensures quality of lab results
 F. Quality Assurance program
o Internal Quality Assurance Program
 Internal quality control program for technical procedures
 Internal quality assurance program for inputs, processes and outputs
 Continuous quality improvement program covering all aspects of lab
performance
o External Quality Assurance Program
 Administered by NRL- local or international
 Approved by DOH
 G. Communication and Records
o There should be procedures for:
  Receipt and performance of routine and STAT requests
 Reporting of results of routine and STAT including impact values that
would impact on patient care
 Reports should include: names and signature of pathologist (
accountable for results) and med tech ( performed the exam); E-
signature are accepted
 The reporting of workload, QC, inventory control, work schedule and
assignment
 Reporting and analysis of incidents, adverse events and handling
complaints
o Retention of lab records shall be in accordance to the standards promulgated by
the DOH
 G. Physical Facilities/ Work Environment
o Conform to all applicable local and national regulatio ns for the constructions,
renovation, maintenance and repair
o Conform to the required space
o Well ventilated, lighted, clean safe and functional areas
o Maintenance and monitoring of physical plant and facilities
o Proper disposal of waste and hazardous substances
o Biosafety and biosecurity
 H. Referral of examinations outside of the Clinical lab
o Memorandum of Agreement- for assurance of the quality of services rendered by
the outside lab

Licence to Operate:

 Issued in the name of the licensee

o Non transferable
o Not valid other than the premise stated in the license
 Valid for a year
o Expires on the date set by CHD
o Expiry is seen on the face of the license
 For non-hospital based lab
o Name of clinical lab
o Name/s of the owner or operator
o Head of the lab
o Service capability
o Period of validity
o License number
o Location wherein in the laboratory procedures are to be performed
 LTO should be displayed at all times for non-hospital based lab
  For hospital based lab
o One-stop-shop licensure for hospitals
o They are licensed as part of the hospitals
o No need for a separate license
 HIV and Drinking water analysis
o Should be indicated in the LTO as service capability
 A satellite lab within the same compound as the central lab shall have only one LTO
 A satellite lab outside the premised of the central lab shall have a separate LTO
 Mobile clinical lab is licensed as part of the main lab and permitted to collect specimens
only
o Operate within 100 km radius from its main lab
 Changes should be reported to the concerned CHD within 2 weeks
o Should be in writing, signed by licensee and submitted to the concerned CHD for
natation
 Reason for suspension, revocation and suspension of modification in full and part
o Material false statement of the applicant
o Failure to comply with any of the terms and conditions and provision of these
rules and regulations

Procedural Guidelines:

 A. registration for special clinical laboratories, NRL’s, Research and Teaching

laboratories
o Get application form from BHFS, CHD, DOH website
o Submit to the BHFS OR CHD
o Pay non-refundable application fee for certificate of registration upon submission
of accomplished form and documentary requirements
o BHFS will evaluate and accept application based on due execution of forms and
completeness of attachments
 B. Procedure for application for initial/ Renewal of LTO
o Get application form from BHFS, CHD, DOH website
o Submit to the CHD
o Play non-refundable application fee
o CHD will conduct inspections in accordance with licensing requirements
 D. Renewal of LTO
o Renewal shall be on the first day of October to the last day of November of the
current year. Discount is given if complete application is filed during this time
o Processed not later than 5 working days after the expiration of the license
o Automatic cancellation w/o notice if one fails to submit application form and pay
the fee on or before the expiration date
 Inspection
 oInspections by CHD are announced
oEnsure accessibility of the premises and facilities
oEnsure the availability of all pertinent records
oInspection too
 Used during inspection
 Contains standards, criteria and technical requirements
 Monitoring
o CL’s are monitored regularly
o CHD or BHFS does the monitoring
o CL’s should ensure the availability of lab records, premises and facilities
o Notice of violation for non-compliant lab is issued immediately after monitoring
o CHD submits a quarterly summary of the violations to the BHFS stating the name
of the clinical lab, location, violation and course of action taken
o Provincial, city and municipal health officers are to report the existence of
unlicensed CL’s

Schedule of Fees:

 Initial application/ renewal of LTO has un-refundable fees

 Checks/fees shall be paid to the order of DOH in person through postal money order
 Fees, surcharges and discounts shall follow the current DOH prescribed schedule of fees

Violation:

 Refusal to participate on an EQAP

 Issuance of report, written or orally, in whole or portion that are not in accordance with
the documented procedure
 Permitting unauthorized persons to perform technical procedures
 Incompetence or making consisted errors
 Deviation from standard test procedures including use of expired reagents
 Reporting/ release of erroneous results
 Lending the name of the lab or the head of the lab to an unlice nsed CL
 Use of name and signature of MT and pathologist to obtain LTO
 Reporting a result without performing the test
 Transfer of results from outside lab to the results form of the referring lab
 Performing and reporting test in a specialty and subspecialty in which the lab has no
license
 Giving and receiving any commission, kickback or rebate or engaging in any split fee
arrangement in any form with any facility, physician, organization, agency or person,
directly or indirectly for patients referred to the CL
Investigation of Complaints:

 BHFS or CHD conducts the investigation

 CHD director or representative, after investigation, shall suspend, cancel or revoke for a
determined period of time the LTO of the licensees who found violating the provisions of
RA 4688
 CHD can seek assistance of any law enforcement agency to execute the closure order

Penalty:

 Imprisonment of 1 month
 Penalty of Php 1000-5000
o If the offender is a film/corporation
 Health of lab or manager is liable to the penalty

Appeal:

 Appeal is made to the office of the health secretary within 10 days after the receipt of
notice of the decision

Repealing Clause:

 Provisions form previous issuances that are inconsistent or contrary to the provisions of
this order are hereby rescinded and modifies accordingly

Separability Clause:

 In the event that any provision or part of this order be declared unauthorized or rendered
invalid by any court of law or competent authority, those provisions not affected by such
declaration shall remain valid and effective

A.O. NO 59 S. 2001:

Section 6: Policies:

 Permit to construct and design lay-out

o Secure from BHFS
o Given prior to submission of an application of a petition to operate
 Plans should be approved and construction permit should be issued by the BHFS
 Operation is permitted only with a valid license
 Lab should be organized
 Appropriate safety practices

Section 7: Requirement and Procedures for Application of Permit to Construct and LTO:
  Application for permit to construct
o Letter of application to BHFS
o 4 sets of site developments plans and floor plans approved by an architect or
engineer
o DTI/ Sec registration ( for private lab)

Technical Standards and Minimum Requirements:

Staffing:

 Pathologist
o Head of the lab
o Certified by PBP
o Physician with 3 moths training on clinical lab med, QC and lab management may
manage primary and secondary lab
o Certification should come from the BHFS
 Med Tech’s
o Should be registered
o Number should be proportional to the workload
o Available at all times
o At least one med tech per shift for the hospital-based lab
 Other
o Qualified and adequately trained
o Work assignment should be consistent with the qualification of the concerned
personnel
 Staff development
o Trainings
o Seminars
o Continuing educational program
o Available at all levels
o To upgrade the knowledge, attitudes and skills of staff

Physical Facilities:

 working space:
 category
o Primary- 10 square meters
o Secondary – 20 square meters
o Tertiary ( to include a separate, enclosed and adequately ventilated room for
microbiology) – 60 square meters
Equipment:

Recording:

 All laboratory records should be kept on file for at least 1 year

 Anatomic and forensic pathology shall be kept permanently

SECTION 4: REPUBLIC ACT NO. 8981: PRC MODERNIZATION ACT OF 2000

Functions of the Professional Regulation Commission

Regulation of the professions is not the only function of the Commission; the commission’s
functions can be categorized as either
Quasi-judicial
- Involves the investigation of unlawful, inappropriate and destructive behavior of examinees and
professionals.
- The decision of the Commission is as authoritative as that of a Regional Trial Court
- If no appeal is made within the period the Commissio n provided, its decision becomes final and
executory.
Quasi-legislative
- The formulation of rules and policies falls under the quasi-legislative function of the
Commission
- These rules and policies have the same binding effect as an actual law
Executive Function
-This function of the Commission includes the implementation, administration, and enforcement
of regulatory policies of the national government with the maintenance of professional
occupational standards and ethics; and the enforcement of the rules and regulations.
Republic Act No. 8981

➢Otherwise known as “The PRC Modernization Act of 2000”

➢ Repealed PD 223
An act modernizing the PRC, repealing for the purpose PD 223, entitled “creating the PRC and
prescribing its power and functions” and other purposes
SECTION 1: TITLE
- This act shall be called the “The PRC Modernization Act of 2000”
SECTION 2: STATEMENT OF POLICY
- Promotes the sustained development of a reservoir of professional
❖ Competence is determined by honest and credible licensure examinations

❖ Standards of professional service and practice are internationally recognized and considered
world class
- Brought about by regulatory measures, programs and activities that promotes
professional growth and advancement

SECTION 3: PROFESSIONAL REGULATION COMMISION

-A three-man commission
-referred to as “Commission”
- attached to the office of the President for general direction and coordination
SECTION 4: COMPOSITION
- One (1) full-time chairperson
- 2 full-time Commissioners

 appointed by the President for a term of seven (7) years

 without reappointment
 Terms starts as soon as they assume office
 For expiration of the term of the Chairperson, the most senior commissioner can take his
place until a permanent chairperson is appointed by the President.
❖ Qualifications of the chairperson:


40 years of age

With valid certificate of registration/professional license

Valid professional identification card or valid certificate of competency (issued by the
Commission); or
 Valid professional license (issued by any government agency)
 Familiar with the principles and methods of professional regulation and/or licensing
 At least 5 years of executive or managerial experience
 One of the commissioners must be a past Professional Regulatory Board
SECTION 5: EXERCISE OF POWERS AND FUNCTIONS OF THE COMMISIONS
- To exercise general administrative, executive and policy-making functions of the
commission
- Establish and maintain a high standard of admission to the practice of all professions
- Ensure and safeguard the integrity of all licensure examinations
Chairperson: PRESIDING and CEO

✓ Preside over the meetings of the commission sitting as a collegial body

✓ Responsible for the implementation of the policies and the programs adopted by the
commission

✓ Perform other activities which are necessary for the effective exercise of the powers,
functions, and responsibilities of the commission.
SECTION 6: COMPENSATION AND OTHER BENEFITS

 Chairperson: equivalent to that of a Department Secretary

 Commissioners: equivalent to that of an Undersecretary
*Both are entitled to retirement benefits provided under RA 1568 as amended by RA
3595

SECTION 7: POWERS FUNCTIONS AND RESPONSIBILITES OF THE COMMISSION

 To administer, implement and enforce the regulatory policies of the national government
with respect to the regulation and licensing of the various professions and occupations
 under its jurisdiction including the enhancement and maintenance of professional and
occupational standards and ethics and the enforcement of the rules and regulations
 To perform all acts necessary in the execution and imple mentation of its functions and
improvement of its services
 To review, revise, and approve resolutions, embodying policies promulgated by the
Professional Regulatory Board
 To administer and conduct the licensure examinations of the various regulatory boards in
accordance with the rules and regulations promulgated by the commission
✓ Conduct more than 1 licensure examination
 When there are 2 or more exams given per year, 1 examination should be held
on weekdays (Monday to Friday)
 When there is only 1 exam is given in a year, this should be held only on
weekdays
✓ Require a refresher course for those who failed the board exam 3 times
✓ Approve the results of examinations and the release of the same
✓ Adopt measures to preserve the integrity and inviolability of licensure examinations
✓ Appoint supervisors and room watchers from among the employees of the government
and/or private individuals
✓ Publish the list of successful examinees
✓ Provide schools offering courses with licensure exams a copy of sample test questions
on exams recently conducted
✓ Provide schools with a copy of the syllabi or terms of specifications of subjects for
licensure exams
✓ Impose the penalty of suspension or prohibition from taking licensure examinations to
any examinee found guilty of violating the rules and regulations governing the conduct of
licensure exams promulgated by the commission

 To admit the successful examinee to the practice of the profession or occupation

✓ Enter their name on their registry book and computerized data base
✓ Issue certificates of registration/professional license
Bear the name, picture and registration number
Signed by all the members of the board and the chairperson
With official seal of board and commission
 To have custody of all the records of the various Boards
Including
Examination
Minutes of deliberation
Records of administrative cases and investigation
Examination results
 Determine and fix the amount of fees to be charged and collected
 To appoint officials and employees of the Commission necessary for the effective
performance of its functions and responsibilities
 To assign and/or reassign personnel as the exigency of the service requires
 Organize or reorganize the structure of the Commission
 Create or abolish positions or change the designation of existing positions
✓ In accordance with a staffing pattern prepared by it
✓ Approved by the Office of the President
✓ Recommended by the Department of Budget and Management (DBM) to meet the
changing conditions or as the need arises
Changes shall not affect the employment status of the incumbents, reduce their
ranks and/or salaries or result in their separation from the service
 To submit and recommend to the President names for appointment as members of the
various Professional Regulatory Boards from among those nominated to fill up vacancies
pursuant to the provisions of Executive Order No. 496, Series of 1991
 To approve the registration, issue COR/License w/ or w/o exam to a foreigner
✓ upon recommendation of the Professional Regulatory Board concerned
✓ Registered under the laws of his state or country
✓ COR has not been suspended or revoked
✓Foreign reciprocity applies (same standard with the Philippines)
 The commission may also issue COR /License or special temporary permits to foreign
professionals
under reciprocity
other international agreements
consultants in foreign-funded, joint venture or foreign-assisted projects of the
government,
employees of Philippine or foreign private firms or institutions pursuant to law
health professionals engaged in humanitarian mission for a limited period of time
The agencies, organizations or individuals who secure the services of foreign
professional is responsible for securing the special permit from PRC and DOLE
 To authorize any officer of the Commission to administer oaths:
 To supervise foreign nations who are authorized by existing laws to practice their
professions either as holders of a certificate of registration and a professional
identification card or a temporary special permit in the Philippines
✓To ensure that the terms and conditions for their practice or of their employment are
strictly complied with
✓To require the hiring or employing agency or to secure a temporary special permit
from the concerned Board subject to approval by the Commission
✓To file a criminal complaint against the head of the agency who allows the professional
to practice his profession without permit
✓To file upon due process request for deportation with the Bureau of Immigration and
Deportation (BID)
 ✓To supervise professionals who were former citizens of the Philippines and were
registered and were issued COR and license before becoming foreign citizens, who may,
while in the country on a visit, sojourn or permanent residence, practice their profession
prior to their practice they shall have first been issued a special permit and
updated professional ID by the Board concerned as approved by the commission
and upon A Self-regulated Learning Module 55 payment of the permit and annual
registration fees
 To monitor the performance of schools in licensure examinations and publish the results
thereof in a newspaper of national circulation;
 To adopt and institute a comprehensive rating system for universities, colleges, and
training institutes based on the passing ratio and overall performance of students in board
examinations;
 To exercise administrative supervision over the various professional regulatory boards
and its members;
 To adopt and promulgate such rules and regulations as may be necessary to effectively
implement policies with respect to the regulation and practice of the professions;
 To implement the program for the full computerization of all licensure examinations
✓ including the registration of professionals not later than the year 2003 and other
operations of the Commission
 To investigate motu proprio or upon the filing of a verified complaint, any member of
the Professional Regulatory Boards for the following reasons
✓ Neglect of duty
✓ Incompetence
✓ Unprofessional
✓ Unethical, immoral or dishonorable conduct
✓ Commission of irregularities in the licensure examinations which taint or impugn the
integrity and authenticity of the results of the said examinations
 To issue summons, subpoena and subpoena duces tecum in connection with the
investigation of cases against officials and employees of the Commission and the
members of the Professional Regulatory Boards
 Hold in contempt in erring party or person only upon application with a court of
competent jurisdiction
 To call upon or request any department, instrumentality, office, bureau, institution or
agency of the government including local government units to render such assistance as it
may require, to carry out, enforce or implement the professional regulatory policies of the
government or any program or activity it may undertake pursuant to the provisions of this
Act;
 To initiate an investigation, upon complaint under oath by an aggrieved party, of any
person who:
✓ practices the regulated profession or occupation without being authorized by law
 ✓ without being registered and licensed by the concerned regulatory board and issued
the corresponding license/professional identification card or temporary or special permit
✓ commits any of the prohibited acts provided in the regulatory laws of the various
professions
If acts are criminal in nature, and with strong evidence the records shall be
forwarded to the office of the city or provincial prosecutor for the filing of the
corresponding information in court by the lawyers of the legal services of A Self-
regulated Learning Module 57 the Commission who may prosecute said case/s
upon being deputized by the Secretary of Justice
 To prepare an annual report of accomplishments on the programs, projects and activities
of the Commission during the year for submission to Congress after the close of its
calendar year and make appropriate recommendations on issues and/or problems
affecting the Commission, the Professional Regulatory Board, and the various
professions under its jurisdiction
SECTION 8: REGIONAL OFFICES
 The Commission is hereby authorized to create regional offices as may be necessary to
carry out their functions mandated under this Act.
SECTION 9: POWERS, FUNCTIONS and RESPONSIBILITIES OF THE VARIOUS
PROFFESIONAL REGULATORY BOARDS

 Regulate the practice of the professions in accordance with the provisions of their
respective professional regulatory laws;
 Monitor the conditions affecting the practice of the profession or occupation under their
respective jurisdictions
✓ adopt measures for the enhancement of the profession or occupation and/or the
maintenance of high professional, ethical and technical standards,
✓ may conduct ocular inspection in industrial, mechanical, electrical or chemical plants
or establishments, hospitals, clinics, laboratories, testing facilities, mines and quarries,
other engineering facilities
 To hear and investigate cases arising from violations of their respective laws, the rules
and regulations promulgated there under and their Codes of Ethics
✓ May issue summons, subpoena and subpoena duces tecum to alleged violators
and/or witnesses to compel their attendance in such investigations or hearings
✓ The decision of the Professional Regulatory Board shall, unless appealed to the
Commission, become final and executory after fifteen (15) days from receipt of notice of
judgment or decision;
 To delegate the hearing or investigation of administrative cases filed before them
✓ except in cases where the issue or question involved strictly concerns the practice of
the profession or occupation
 To conduct, through the Legal Officers of the Commission, summary proceedings on
✓ minor violations of their respective regulatory laws
 ✓ violations of the rules and regulations issued by the boards to implement their
respective laws, including violations of the general instructions to examinees committed
by examinees,
✓ render summary judgment which, unless appealed to the Commission, become final
and executory after fifteen (15) days from receipt of notice of judgment or decision
 To recommend registration w/o exam and issuance of COR and professional ID card
✓ Subject to approval of the PRC
 After due process, to suspend, revoke or reissue, reinstate certificate of registration or
licenses for causes provided by law;
 To prepare, adopt and issue the syllabi or tables of specifications of the subjects for
examinations in consultation with the academe
✓ determine and prepare the questions for the licensure examinations should be within
the scope of the syllabus or table of specifications of the subject for examination
✓ score and rate the examination papers with the name and signature of the Board
member concerned appearing thereon
✓ submit the results in all subjects duly signed by the members of the Board to the
Commission within ten (10) days from the last day of examination unless extended by
the Commission for justifiable cause/s;
✓ determine the appropriate passing general average rating in an examination if not
provided for in the law regulating the profession
SECTION 10: COMPENSATION OF THE MEMBERS OF THE PROFFESSIONAL
REGULATORY BOARDS

 The members of the Professional Regulatory Boards shall receive compensation

equivalent to, at least, two salary grades lower than the salary grade of the
Commissioners
✓ That the Chairperson of the Regulatory Board shall receive a monthly compensation of
two steps higher than the members of the Board,

✓ They are also entitled to other allowances and benefits provided under existing laws.
SECTION 11: PERSONS TO TEACH SUBJECTS FOR LICENSURE EXAMINATION ON
ALL PROFFESSIONS

 All subjects for licensure examinations shall be taught by persons who are holders of
valid certificates of registration and valid professional licenses of the profession and
who comply with the other requirements of the CHED
SECTION 12: ASSISTANCE OF LAW ENFORCEMENT AGENCY

 Any law enforcement agency shall, assist in enforcing the regulatory law of the
profession including the rules and regulations promulgated
 ✓ By prosecuting the violators in accordance with law and the rules of court.
SECTION 13: APPROPRIATIONS
  The amount necessary to carry out the initial implementation of this Act shall be charged
against the current year’s appropriations of the Professional Regulation Commission.
Thereafter, such sums as may be necessary for the continued impleme ntation of this Act
shall be included in the succeeding General Appropriations Act.
SECTION 14: AUTHORITY TO USE income

 Aside from the annual appropriations of the Commission provided under the Annual
General Appropriations Act
✓ The Commission is authorized to use its income not exceeding the amount
P45,000,000.00 a year for a period of 5 years after the effectivity of this Act
SECTION 15: PENALTIES FOR MANIPULATION AND OTHER CORRUPT PRACTICES
IN THE CONDUCT OD PROFESSIONAL EXAMINATIONS

 Any person who manipulates or rigs licensure examination results

✓ Secretly informs or makes known licensure examination questions prior to the conduct of
the examination

✓ Tampers with the grades in professional licensure examinations

✓ Upon conviction
Imprisonment of not less than six (6) years and one (1) day to not more than
twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) to
not more than One hundred thousand pesos (P100,000.00) or both such
imprisonment and fine at the discretion of the court.
For the accomplices

✓ The penalty of imprisonment ranging from four (4) years and one (1) day to six (6) years or
a fine ranging from Twenty thousand pesos (P20,000.00) to not more than Forty-nine
thousand pesos (P49,000.00), or both imprisonment and fine at the discretion of the court o For
accessories

✓ The penalty of imprisonment ranging from two (2) years and one (1) day to four (4) years
or a fine ranging from Five thousand pesos (P5,000.00) to not more than Nineteen thousand
pesos (P19,000.00), or both imprisonment and fine at the discretion of the court
SECTION 16: PENALTIES FOR VIOLATIONS OF SECTION 7

 Subparagraph (1) by Heads of Government Agencies or Officers of Private

Entities/Institutions – Any head of a government agency or officer(s) of a private
firm/institution who violates Section 7 – subpar. (1) of this Act shall be punished by
imprisonment of not less than six (6) months and one (1) day to not more than six (6)
years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not more than
Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.
SECTION 17: IMPLEMENTING RULES AND REGULATIONS
  Within ninety (90) days after the approval of this Act, the Professional Regulation
Commission, together with representatives of the various Professional Regulatory Boards
and accredited professional organizations, the DBM, and the CHED shall prepare and
promulgate the necessary rules A Self-regulated Learning Module 63 and regulations
needed to implement the provisions of this Act.
SECTION 18: TRANSITORY PROVISIONS

 The incumbent Commissioner and two (2) incumbent Associate Commissioners shall
serve as Chairperson and Commissioners respectively under the terms for which they
have been appointed without need of new appointments. The incumbent Executive
Director shall likewise serve as Assistant Commissioner without need of new
appointment.
SECTION 19: SEPARABILITY CLAUSE

 If any provision of this Act or the application of such to any person or circumstances is
declared invalid or unconstitutional, the remainder of this act or application of such
procisions to other persons or circumstance shall be affected by such declaration.
SECTION 20: REPEALING CLAUSE

 Republic Act. No. 546, Presidential Decree No. 223, as amended by the Presidential
Decree No. 657, Republic Act No. 5181, and Executive Order No. 266, Series of 1995
are hereby repealed. Section 23 (h) of Republic Act No. 7836, Section 4 (m & s). Section
23 of Republic act No. 7920, and Section 29 of Republic Act No. 8050, insofar as it
requires completion of the requirements of the Continuing Professional Education
(CPE) as a condition for the renewal of the license are hereby repealed. All other
laws, orders, rules and regulations or resolutions and all part/s thereof inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.
SECTION 21: EFFECTIVITY

 This act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of general circulation, whichever is earlier.
 Approved: December 5, 2000

 (Sgd.), JOSEPH EJERCITO ESTRADA

President of the Philippines

Presidential Decree No. 223

➢ Created the PRC and defined its powers and functions

 Appropriating funds for the operation of the government of the Republic of the
Philippines during the period from July 1, 1973 to June 13, 1974 and for other purposes.
 Approved: June 22, 1973
Presidential Decree No. 657
➢ PD NO. 657 amended Section 3 of paragraph (j) of Section 5 of PD 223 on the creation of the
PRC and which prescribes its power and functions.
Approved: February 19, 1975

E.O. No. 200

➢ Executive Order No. 200 institutionalized the partial computerization of the licensure
examination, which is perhaps one of the most important advances made in the Commission.
Approved: June 18, 1987
By President Corazon C. Aquino

PRC Resolution No. 11 s. 2011

➢ Prescribes guidelines for the registration of Medical Laboratory Technicians under

Section 21 of R.A. 5527

➢ It included provisions on procedures and requirements for the applicants to comply with.

 Approved: June 28, 1974

PRC Resolution No. 990 s. 2016

➢ Includes amendments to the revised guidelines on the continuing professional development

(CPD) program for all registered and licensed professionals.
Executive Order No. 226

➢ E.O. No. 226 institutionalized the Continuing Professional Education (CPE) programs of
the various Professional Regulatory Boards

➢ It consists of five (5) sections

➢ Effectivity: July 25, 1995

▪ As stated, Continuing Professional Education (CPE) is the mandatory requirement for the
renewal of a professional license.
▪ E.O. No. 226 empowers the PRC to adopt policies on CPE programs that can enhance and
maintain high professional, technical, and ethical standards in the practice of the profession for
implementation by the respective Professional Regulatory Boards.
▪ As mandated in the same E.O. 226, professionals who undertake the CPE programs are enabled
not only to upgrade or improve their technical knowledge and skills but also to keep abreast of
the modern trends and technology in their respective professions.

Section 6: Republic Act No. 8504

 An act promulgating polices and prescribing measures for the prevention and control of
HIV/AIDS in the Philippines, Instituting a nationwide HIV/AIDS information and
educational program, establishing a comprehensive HIV/AIDS monitoring system,
strengthening the Philippine National aids council and for other purposes

Global HIV Statistics:

 37.6 million (30.2 million-45.0M) people globally were living with HIV in 2020.
 1.5 million (1.1 m- 2.1 m) people became newly infected with HIV in 2020
 690, 000 (480, 000-1 m) people died from AIDS- illnesses in 2020
 27.4 m (26.5 m- 27.7 m) people were accessing antiretroviral therapy (to control the virus
to increase the CD four counts) in 2020
 77.5 m (54.6 m- 110 m) people have become infected with HIV since the start of the
epidemic
 34. 7 m (26.0 m- 45.8 m) people have died from AIDS- related illnesses since the start of
the epidemic
 New infection of HIV have been reduced 47% since 1988 (2.8 m newly infected)
 In 2020 around 1.5 m newly infected HIV

People living with HIV:

 In 2020. There were 37.6 m (30.2 m- 45.0 m) people living with HIV
 35.9 m (28.9 m-43.0 m) adults
 1.7 m (1.2m- 2.2 m) children (0-14 years)
 84% (68- > 98%) of all people living with HIV knew their HIV status in 2020
 About 6.0 m (4.8 m- 7.1 m) people did not know that they were living with HIV 2020
 Every week around 5, 000 young women ages to 14-24 years become infected with HIV

Definition of terms:

 HIV stands for Human immunodeficiency virus. It is a retrovirus that causes infection. Its
entrance into the body lowers the immunity of the ability to fight off diseases
 HIV infection is the successful entry of HIV in the human host, weakening the immune
system and leading to a spectrum of diseases
  AIDS stands for Acquired Immune Deficiency Syndrome. It is a condition characterized
by a combination of signs and symptoms caused by HIV contracted from another which
attacks and weakens the body’s immune system, making the afflicted individual
susceptible to other life threatening infection

What Causes AIDS?

 AIDS is caused by HIV (causative agent)

 HIV is a virus that gradually attacks immune system cells
o As HIV progressively damages these cells. The body becomes more vulnerable to
infections, which it will have difficulty in fighting off

1, 142 cases (34% are OFW’s):

 74% are males

o 94% transmission by Sexual Contact
 Of the 1. 142:
o Seafarers (33%)
o Domestic helpers (17%)
o Employees (9%)
o Entertainers (8%)
o Health workers

Present Scenario:

 According to the DOH HIV/AIDS are ART Registry of the Philippines (HARP), there are
now a total of 81, 169 HIV and AIDS cases reported from January 1984 to October 2020.
In October 2020, there were a total 735 confirmed HIV positive individuals. 96 % (704)
of whom were male

Milestone in the Philippines:

 1984 1st HIV infection reported

 1985 1st HIV+ case confirmed
 1986 HIV and AIDS are notifiable disease
 1987 HIV and AIDS Registry established
 1992 Philippine National AIDS Council established
 1993-97 Surveillance activities established
 1997 National Workplace Policy ratified
 1998 Republic Act 8504 enacted
 2000-2004 Local AIDS council created

The Iceberg Phenomenon of HIV:

  Hidden transmission
o Those who are not tested in HIV
 Hidden groups with high risk behaviour
 Hidden fears, prejudice and misconceptions among the population

Highlights of National Status:

 12, 0000 (7, 300- 20, 00) people are living with HIV
 Low prevalence rate (less than 1%)
 Sexual contact as main mode of transmission (88%)
 58% of cases are in 25-39 years age group
 67% are male
 1 every 3 reported cases are OFW

Youth:

 Approximately:
o 3% of 15-27 of male population – YAFS
o 7% of > 18 years old population – Dr. M . Tan
 Hidden sexual networks
 High STI rates (32%)
 Increasing practice of anal sex (72%)
 Low condom use rates <20%

Red Flags:

 Number of new HIV cases increasing

 Growing size of local pool of HIV
 High level of needle sharing among IDUs
 High prevalence of risk behaviours
 High STI prevalence
 Low level of knowledge on HIV and AIDS

Challenges to Addressing the Epidemic:

 Many lack basic information about HIV/AIDS

 Most people in low and middle income countries do not have access to key prevention
and care services
 Lack of infrastructure, training, quality and monitoring systems, facilities etc. may
impede access; other barriers include price, patent laws and other regulatory issue; and
the impact of the epidemic on the health sector and health care workers
  Collateral effects of the epidemic (epidemic exacerbates existing problems and vice
versa)
 There are promising research directions – microbicides, vaccines- but a vaccine is still
years away

Rationale of RA 8504:

 Prevention and control of HIV and AIDS

 Protection of rights and dignity of persons with HIV and AIDS
 Recognition of role of person with HIV and AIDS in prevention and control of the
diseases
 Provision of control measures in high risk settings

Key Features of RA 8504:

 Article I : education and information

 Article II : Safe practices and Procedures
 Article III: testing screening and counselling
 Article IV; health and support Services
 Article V: monitoring
 Article VI: confidentiality
 Article VII: discriminatory Acts and Policies
 Article VIII: the Philippines National AIDS council

Section 1: Title

 “ Philippine AIDS Prevention and Control Act of 1998”

Section 2: Declaration of Policies:

 AIDS
o Is a disease that recognizes no territorial, social, political and economic
boundaries
o There is no known cure
o The gravity of the AIDS threat demands strong State action today
 (a) promote
 Public awareness about the causes of AIDS
 Modes of transmission
 Consequences (effect)
 Means of prevention (prevent the transmission of IADS)
 Control of HIV/AIDS
 Through
  Educational and information campaign
 Promote value formation and employ scientifically proven
approaches
 Focus on the family as a basic social unit
 Carried out in all schools and training centers, workplaces, and
communities
 Involve affected individuals and groups including people living
with HIV.AIDS
o The state will utilizes the experience of PWA(person with AIDS) to warn the
publican identific about the disease
 They will be used in propagating vital information and education messages
 (b) Every person suspected or known to be infected with HIV/AIDS will be
given full protection of his/her human rights and civil liberties.
 (1) compulsory HIV testing is considered unlawful unless
otherwise provided in this Act;
 (2) the right to privacy shall be guaranteed;
 (3) discrimination, in all its forms and subtleties, against
individuals with HIV or persons perceived or suspected of having
HIV is considered inimical to individual and national interest
 (4) provision of basic health and social services for individuals
with HIV shall be assured
 (c0 promote safety and universal precaution in practices and procedures that
carry the risk of HIV transmission
 (d) The State will seek to eradicate conditions that aggravate the spread of
HIV infection,
 Proverty,
 Nu,Gender inequality
 Prostitution
 Marginalization
 Drug abuse
 Ignorance

Section 3: Definition of Terms:

 Data privacy
 “Anonymous testing” – refers to an HIV testing procedures whereby the individual being
tested does not reveal hi/her true identity. An identifying number or symbol is used to
substitute for the name and allows the laboratory conducting the test and the person on
whom the test is conducted to match the test results with the identifying number or
symbol.
 “Compulsory HIV testing”- refers to HIV testing imposed upon a person attented or
characterized by the lock of or vitiated consent, used of physical force intimidation or any
form of compulsion
 “Contact tracing”- refers to the methods of finding and counselling the sexual partners of
a person who has been diagnosed as having sexually transmitted disease.
 “human Immunodeficiency Virus (HIV) – refers to the virus which causes AIDS
 “HIV/AIDS Monitoring”- refers to the documentation and analysis of the number of
HIV/AIDS infection and the pattern of its spread
 “HIV/AIDS refersPrevention and Control”- refers to measures aimed at protecting non-
infected form contacting HIV and minimizing the impact of the condition of persons
living with HIV
 “HIV transmission” – refers to the transfer of HIV from one infected person to uninfected
individuals, most commonly through sexual intercourse, blood transfusion, sharing of
intravenous needles and during pregnancy
 “High-Risk Behavior- refers to a person frequent involvement in certain activities which
increase the risk of transmitting or acquiring HIV
 “ Informed Consent” – refers to the voluntary agreement of a person to undergo or be
subjected to a procedure based on full information, whether such permission is written,
conveyed verbally, or expressed indirectly
 “Medical Confidentiality” –refers to the relationship of trust and confidence created or
existing between a patient or a person with HIV and his attending physician, consulling
medical specialist, nurse, medical technologist and all other health workers or personnel
involved in any counselling, testing or professional care of the former; it also applies to
any person who, in any official capacity, has confidential information
 (o) “Person with HIV” – refers to an individuals whose HIV test indicates, directly or
indirectly, that he/she is infected with HIV
 “ Pre- testing Counselling” – refers to the process of providing an individual information
on the biomedical aspects of HIV/AIDS and emotional support to any psychological
implications of undergoing HIV testing and the test result itself before he/she is
subjected to the test
 “ Post -test Counselling” – refers to the process of providing risk-reduction information
and emotional support to a person who submitted to HIV testing at the time that the test
results is released
 “ Prophylactic”- refers to any agent or device used to prevent the transmission of a
disease
 “sexually transmitted diseases- refers to any disease that may be acquired or passed
through sexual contact
 “voluntary HIV testing” –refers to HIV testing done on an individual who, after having
undergone pre-test counselling, willingly submits himself/herself to such test
  “window period” – refers to the period of time, usually lasting from two weeks to six
months during which an infected individual will test “negative” upon HIV testing but can
actually transmit the infection

Article 1: Educational and Information

 The government must promote educational and information campaigns

 Schools and non-formal education programs must include HIV education
 The DOH must conduct public health education campaigns
 The government must provide education for Filipinos going abroad
 Employers, working with DOLE must develop workplace educational and safety
 The Department of Tourism must provide education for tourist and transients
 LGUs develop local HIV prevention and education efforts
 Accurate information about prophylactics will be provided
 It is against the law to give false or intentionally misleading information on HIV/AIDS

Section 4: HIV/AIDS educational in schools:

 Intergrate instruction on the causes, modes of transmission and ways of preventing

HIV/AIDS and other sexually transmitted diseases
o In public and private schools at intermediate grades, secondary and tertiary levels,
including non-formal and indigenous learning systems
 Provided that
o If the integration of HIV/AIDS education is not appropriate or feasible, the DECS
and TESDA shall design special modules on HIV/AIDS prevention and control
o That it shall not be used as an excuse to propagate birth control or the sale or
distribution of birth control devices
o That it does not utilize sexually explicit materials
 DECS,CHED and TESDA- will spearhead HIV/AIDS education in schools
 Information shall be provided by the Department of Health
 Consultations with Parent- Teachers-Community Associations, Private School
Associations, school, official and other interest groups will implemented
 No instruction shall be offered to minors without adequate prior consultation with parent
who must agree to the trust and content of the instruction materials
 All teachers and instructors of said HIV/AIDS courses shall be required to undergo a
seminar or training

Section 5: HIV/AIDS information as a Health Service:

 HIV/AIDS education and information dissemination will become a part of the health
services by pratitioners, workers and personnel
  Public Health Workers-enhanced to include skills for proper information dissemination
and education of HIV/AIDS
 Private sector health providers- Make available to the public information necessary to
control the spread of HIV/AIDS and to correct common misconceptions about this
disease
 The training of health workers include
o Discussions on HIV- related ethical issues such as confidentiality, informed
consent and the duty to provide treatment

Section 6: HIV/AIDS education in the workplace:

 The standardized basic information and instruction on HIV/AIDS

o Include topic on confidentiality in the workplace and attitude towards infected
employees and workers
 This will be given to:
o All government and private employees, workers, managers and supervisors
including members of the AFP and the PNP

Section 7: HIV/AIDS education for Filipinos going abroad:

 Undergo or attend a seminar on the cause, prevention and consequences of HIV/AIDS

before certification for overseas assignment
o All overseas Filipinos workers and diplomatic, military, trade as labor officials
and personnel to be assigned overseas
o DOLE, DFA, DOT, DOJ through the BOI as the case may be in collaboration
with the DOH shall overseas the implementation of this section

Section 8: Information campaign for tourist and transients:

 International ports of entry and exit

o Information aids or materials on
 The cause
 Modes of transmission
 Prevention and
 Consequences of HIV
 The DOT, the DFA, the DOJ through the BOI in collaboration with the
DOH shall oversee the implementation of this Act

Section 9: HIV/AIDS education on communities:

 Educational and information campaign on HIV/AIDS

o LGU’S in collaboration with the DOH
 o The provincial governor, city or municipal mayor and the barangay captain shall
coordinate such campaign among concerned government agencies, non-
government organizations and church-based groups

Section 10: Information on prophylactics:

 Prophylactics (e.g condom) shall contain

o Literature on the proper used of the prophylactic device or agent
o Its efficacy against HIV and STD infection
o Importance of sexual abstinence and mutual fidelity
 Such information shall be legibly printed in English and Filipino

Section 11: Misinformation on Penalties for misleading information:

 Misinformation on HIV/AIDS prevention and control through false and misleading

advertising and claims is punishable with a penalty of imprisonment for two (2) months
to two (2) years, without prejudice to the imposition of administrative sanction such as
fines and suspension or revocation of professional or business license
 Tri-media or the promotional marketing of drug, devices, agents or procedures without
prior approval from the DOH and the BFAD and the requisite medical and scientific
basis, including marking and indications in drug and devices or agents, purporting to be a
cure or a fail-safe prophylactic for HIV infection

Article 2:

 The government will develop and promote safe medical practices

 All blood, organs and tissue for donation will be tested. If it test positive, it will be
disposed of safety, and not used
 The DOH provide guidelines on safe surgery and medical procedures
 Wilfully or negligently dangerous practices will be against the law

Section 12: requirement on the donation of blood, tissue or organ:

 Blood, tissue, organ donations should undergo HIV testing

 All HIV positive blood, tissue or organs should be disposed off properly and immediately
 A second testing may be demanded by the recipient before transfusion or transplant
 HIV positive may be used only for research purposes and subject to strict sanitary
disposal requirements

Section 13: Guidelines on surgical and similar procedures:

 Guidelines on precautions against HIV transmission during surgical, dental, embalming,

tattooing or similar procedures
  Guidelines on the handling and disposition of cadavers, body fluids or waste of persons
known or believed to be HIV- positive
 Necessary protective equipment such as gloves, goggles and gowns, shall be made
available to all physicians and health care providers and similarly exposed personnel at
all time

Section 14: Penalties for unsafe practices and procedures:

 Any person who knowingly or negligently causes another to get infected with HIV in the
course of the practice of his/her profession through unsafe and unsanitary practice or
procedures is liable to suffer a penalty of imprisonment for sex (6) years to twelve (12)
years
o Fines and suspension or revocation of the license to practice his/her profession
o The permit or license of any business entity and the accreditation of hospitals,
laboratory, or clinics may be cancelled or withdrawn

Article III: testing, Screening and Counselling:

 The government will provide appropriate confidential HIV testing

 HIV testing can only be done with the consent of the person tested
 The DOH will provide anonymous HIV testing
 Counselling will be conducted before and after testing
 The DOH will make adequate and affordable HIV testing available in all the Philippines

Section 15: Consent as a requisite for HIV testing:

 No compulsory HIV testing shall be allowed

 State shall encourage voluntary testing for individuals with a high risk for contracting
HIV :
o Written informed consent must first be obtained
 From the person concerned if he/she is of legal age
 Form the parents or legal guardian in the case of a minor or mentally
incapacitated individual
 Lawful consent to HIV testing of a donated human body, organ , tissue or blood shall be
considered as having been given when:
o (a) a person volunteers or freely agrees to donate his/her blood, organ or tissue for
transfusion, transplantation or research
o (b) a person has executed a legacy in accordance with Section 3 of Republic Act
No. 7170 also known as the “ Organ Donation Act of 1991”
o (c) a donation is executed in accordance with Section 4 of Republic Act No. 717
Section 16: Prohibitions on compulsory HIV testing:

 the following shall be deemed unlawful:

o compulsory HIV testing as a precondition to employment
o admission to educational institutions
o the exercise of freedom of abode, entry or continued stay in the country
o the right of travel
o the provision of medical service or any other kind of service
o the continued enjoyment of said undertakings

Section 17: Exception to the prohibition on compulsory testing

 a) when a person is charged with any of the crimes punishable under Article 264 and 266
as amended by Republic Act No 8353, 335 and 338 of Republic Act No 3815, otherwise
known as the “ revised Penal Code” or under Republic Act No. 7659”
 b) when the determination of the HIV status is necessary to resolve the relevant issues
under Executive Oder No 309, otherwise known as the “ Family Code of the Philippines”
 c) when complying with the provisions of Republic Act No. 7170, otherwise as the
“organ Donation Act” and republic Act No 7719,otherwise as the “ National Blood
Service Act”

Section 18: Anonymous HIV testing:

 the state will provide a mechanism for anonymous HIV testing and guarantee anonymity
and medical confidentiality in the conduct of such tests

Section 19:

 DOH will accredit all testing centers. Hospitals, clinics and laboratories offering HIV
testing services
 Accreditation standards will be maintained

Section 20: Pre-test and Post-test counselling:

 All testing centers, clinics or laboratories shall be required to provide and conduct free
pre-test counselling and post-test counselling for person who avail at their HIV/AIDS
testing services
o Counselling services must be provided only by persons who meet the standards
set by the DOH

Section 21: Support for HIV Testing Center:

 The Department of Health

 o Build and enhance the capabilities for HIV testing of hospitals, clinics,
laboratories and other testing cnters
o Training of competent personnel who will provide such services in said testing
sites.
o Not free

Article 4: Health and Support Services:

 The government will ensure adequate health and support services for people with HIV
 Hospitals will provide adequate care for person with HIV
 LGUs must provide community-based prevention and care efforts
 Livelihoods effort will be made available for people with HIV
 The DOH is to do STD prevention and control efforts
 The DOH is to make sure that health insurance is available to people with HIV


Section 22: Hospital-based services:

 Persons with HIV/AIDS

o Will be given basic health services
o In all government hospitals
o Optimum medical care may be provided by special AIDS wards and hospitals

Section 23: Community-based services:

 Community-based HIV/AIDS prevention and care services

o Provided by LGU’s
 In coordination with
 Concerned government agencies
 NGO’s
 Person with HIV/AIDS

Section 24: Livelihood programs and trainings:

 Persons infected with HIV/AIDS shall not be deprived of full participation in any
livelihood, self-help and cooperative programs for reason of their health conditions
o Trainings for livelihood, self-help cooperative programs shall be made accessible
and available to all persons with HIV/AIDS

Section 25: Control sexually transmitted diseases:

 Pursue prevention and control of sexually transmitted diseases to help contain the spread
of HIV infection
  Headed by
o DOH
o Concerned government agencies
o NGO’s

Section 26: Insurance for persons with HIV:

 Conduct a study on the feasibility and viability of setting up a package of insurance

benefits and should such study warrant it, implement an insurance coverage program for
persons with HIV
 The secretary of Health in cooperation with the Commissioner of the insurance
commission and the other public and private insurance agencies
 Principle: Access to health insurance is part of an individual’s right to health and is the
responsibility of the State and of society as a whole

Article 5: Monitoring

 The government will monitor HIV/AIDS

 The government will establish an AIDSWATCH council
 Reporting procedures will be developed to tract HIV rates, while respecting client
confidentiality
 Contract tracing is permitted provided confidentiality is not breached

Section 27: Monitoring program:

 “AIDSWATCH”
o A comprehensive HIV/AIDS monitoring program
o Established under the Department of Health
o Purpose:
 To determine and monitor the magnitude and progression of HIV infection
in the Philippines
 Evaluating the adequacy and efficacy of the countermeasures being
employed

Section 28: Reporting procedures:

 Adopt measures in assuring the reporting and confidentiality of any medical record,
personal data, file of HIV/AIDS patients
 The DOH through its AIDSWATCH monitoring program shall receive, collate and
evaluate all HIV/AIDS related medical reports
o IADSWATCH data base will utilize a coding system that promotes client
anonymity
Section 29: Contact tracing:

 Health intelligence activities

o Pursue by the DOH
o May be pursued by the Department of Health
o Any information gathered shall remain confidential and classified and can only be
used for statistical and monitoring purposes and employment, school attendance,
freedom of abode or travel

Article 6: Confidentiality:

 Confidentiality will be protected on HIV status

 All healthcare workers, and anyone handling health records will strictly preserve patient
confidentiality on HIV status and the identity of people with HIV
 HIV status can be shared by health officials in three circumstances; officials of the
AIDSWATCH council, Health Workers who are involved in treatment and need to know
for their own safety and a judge of under subpoena for an official court case.
 HIV results may be given to the person tested, an official of the AIDSWATCH council,
and a parent or guardian. It cannot be given to anyone else
 Legal penalties can be provided for breaching confidentiality
 People with HIV must inform spouses and sex partners as soon as reasonably possible

Section 30: Medical confidentiality:

 Strictly observe confidentiality in the handling of all medical information, particularly the
identity and status of persons with HIV
 All health professionals
 Medical instructors
 Workers, employers,
 Recruitment agencies,
 Insurance companies,
 Data encoders
 Custodians of any medical record, file, data or test results

Section 31: Exceptions to the mandate of confidentiality:

 Medical confidentiality is not considered breached in the following cases:

o (a) when complying with reportorial requirements in conjunction with the
AIDSWATCH programs
o (b) when informing other health workers directly involved or about to be involved
in the treatment or care of a person with HIV/AIDS:
 Provided
 That the treatment or care carry the risk of HIV transmission
That the workers are still obliged to maintain the shared medical
confidentiality
o (C) when responding to a subpoena duces tecum and subpoena and testification
issued by a court with jurisdiction over a legal proceeding where the main issue is
the HIV status of an individual
 Provided that
 The confidential medical record is be properly sealed by its lawful
custodian after being double-checked for accuracy by the head of
the office or department, hand delivered and personally opened by
the judge
 The judicial proceeding be held in executive session

Section 32: Release of HIV/AIDS test results:

 All results of HIV/AIDS testing: confidential and will be released only to the following:
o A) the person who submitted himself/herself to such test
o B) either parent of a minor child who has been tested
o C) a legal guardian in the case of insane persons or orphans
o D) a person authorized to receive such results in conjunction with the
AIDSWATCH program as provided in Section 27 of this act
o E) a justice of the court of appeals or the supreme court as provided under subsec
(c) of this Act and in accordance with the provision of section 16 hereof

Section 33: Penalties for violations of confidentiality:

 Penalty of imprisonment for (6) months to 4 years

o Administrative sanctions
 Fines
 Suspension of revocation of the violator’s license to practice his/her
profession
 Cancellation or withdrawal of the licence to operate any business entity and
the accreditation of hospitals, laboratories or clinics

Section 34: Disclosure to sexual partners:

 Any persons with HIV is obliged to disclose his/her HIV status and health condition to
his/her spouse or sexual partner at the earliest opportune time

Article 7: Discriminatory Acts and policies:

 Discrimination against people with HIV is illegal

 o Employers cannot discriminate in hiring, firing, promotion or assignment based
on actual or suspected HIV status
o Schools are not allowed to refuse admission, punish students or deny participation
in activities based on real or perceived HIV status
o A person with HIV has the legal right to travel, live and lodge with the same
freedom as any other citizens, quarantines and other restrictions are illegal
o A person with HIV as every legal right to seek public office
o Credit services cannot be denied based on HIV status. Insurance cannot be
refused based on HIV status, provided the person does not lie about their HIV
status
o Hospitals can health services cannot refuse treatment or discriminate based on
HOV status
o Decent burials cannot be denied based on HIV status
o Legal penalties for discrimination will be enforced

Section 35: Discrimination in the workplace:

 Discrimination based on the actual or perceived or suspected HIV status is prohibited

o From pre-employment to post-employment including hiring, promotion or
assignment
o Termination from work on the sole basis of actual perceived or suspected HIV
status of deemed unlawful

Section 36: Discrimination in schools:

 No educational institution shall

o Refuse admission
o Expel
o Discipline
o Segregate
o Deny participation, benefits or services
 To a student or prospective student on the basis of his/her actual, perceived
or suspected of HIV

Section 37: restriction on travel and habitation:

 On account of his/her actual, perceived or suspected HIV status:

 The freedom of abode, lodging and travel of a person with HIV shall not be abridged
 No person shall be quarantined, places in isolation or refused lawful entry into or
deported form Philippine territory

Section 28: Inhibition form public service:

  The right to seek an elective or appointive public office shall not be denied to a person
with HIV

Section 39: Exclusion from credit and insurance services:

 On the basis o his/her actual, perceived or suspected HIV status

o All credit and loan services, including health, accident and life insurance shall not
be denied
 Provided that the person with HIV has not concealed or misrepresented the
fact to the insurance company upon application
 Extension and continuation of cretid and loan shall likewise not be denied
solely on the basis of said health condition

Section 40: discrimination in hospitals and health institutions:

 On account of actual, perceived or suspected HIV status

o No person shall be denied health care service or be charged with a higher fee

Section 41; denial of burial services:

 A deceased person who has AODS or who has known, suspected or perceived to be HIV
positive shall not be denied any kind of decent burial service

Section 42: penalties for discriminatory acts and policies

 Imprisonment for 6 months to 4 years and dine not exceeding 10,000 pesos
 In addition:
o Licenses/permits of schools, hospitals and other institutions found guilty of
committing discriminatory acts and policies described this act shall be revoked

Article 8: the Philippine national AIDS council:

 The government will established Philippine National AIDS council

 This council will be responsible for implementing the act and conducting all national
AIDS performances

Section 43: establishment:

 The Philippines national AIDS council (PNAC)

o Created December 3, 1992 (EO 39)
o Reconstituted and strengthened
o Attached to the
o DOH
 o Purpose: to enable the council to oversee an integrated and comprehensive
approach to HIV/AIDS prevention and control in the Philippines

Section 44: Functions

 Central advisory, planning and policy- making body for the comprehensive and
integrated HIV/AIDS prevention and control program
o (a) Secure from government agencies concerned recommendation on how their
respective agencies could operationalize specific provisions of this Act. The
council shall likewise ensure that there is adequate coverage of the following
 (1) the institution of a nationwide HIV/AIDS information and education
program:
 (2) the establishment of a comprehensive HIV/AIDS monitoring system
 (3) the issuance of guidelines on medical and other practices and procedures
that carry the risk of HIV transmission
 (4) the provision of accessible and affordable HIV testing and counselling
services to those who are need of it
 (5)the provision of acceptable health and support services for persons with
HIV/AIDS in hospitals and in communities:
 (6) the protection and promotion of the rights of individuals with HIV; and
 (7) the strict observance of medical confidentiality
o (b) monitoring the implementation of the rules and regulation of this Acts, issues
or cause the issuance of orders or make recommendations to the implementing
agencies as the Council considers appropriate
o (c) develop a comprehensive long term national HIV/AIDS prevention and
control program and monitor its implementations
o (d) coordinate the activities of and strengthen working relationship between
government and non-government agencies involved in the campaign against
HIV/AIDS
o (e) coordinate and cooperate with foreign and international organizations
regarding data collection, research and treatment modalities concerning
HIV/AIDS and
o (f) evaluate the adequacy of and make recommendations regarding the utilization
of national resources for the prevention and control of HIV/AIDS in the
Philippines

Section 45: Membership and composition

 26 members
 (1) the secretary of the DOH
 (2) the secretary of the DECS or his representative
 (3) the Chairperson of the CHED or representative
  (4) the director- general of the TESDA or representative
 (5) the secretary of DOLE or representative
 (6) the secretary of the DSWD or representative
 (7) the secretary of the DILG or representative
 (8) the secretary of the DOJ or representative
 (9) the director-general of the NEDA or his representatives
 (10) the secretary of the DOT or his representative
 (11) the secretary of the DVBM or his representative
 (12) the secretary of the DFA or his representative
 (13) the head of the PIA or his representative
 (14) the president of the league of governors or his representatives
 (15) the president of the league of city mayors or his representative
 (16) the chairperson of the committee of health of the senate of the Philippines or his
representative
 (17) the chairperson of the committee on the health of the house of representatives or his
representatives
 (18) two (2) representative form organization of medical health professionals
 (19) 6 representative from NGO’s involved in HIV/AIDS prevention and control efforts
or activities
 (20) a representatives of an organization of persons dealing with HIV/AIDS
 (B) Appointment to the council must ensure sufficient and discernible representative
from the fields of medicine, education, health care, law, labor. Ethics and social services
 (c) all members of the council (appointed by the president)
o Representative of the Senate (appointed by senate president)
o Representative of the house of representative (appointed by the house speaker)
 (d) the members appointed not later than 30 days after the date of the enactment of this
act
 (e) the secretary of DOH –permanent chairperson of the council
o The vice chairperson- elected by the members from among themselves
o Serve for a term of 2 years
 (f) for members representing medical/health professional groups and 6 non-government
organization
o Serve for a team of 2 years renewable upon recommendation of the council

Section 46: Reports:

 Comprehensive annual reports on the activities and accomplishments of the council

o Contain
 Assessments and evaluation of intervention programs
  Plans and strategies for the medium and long term prevention and control
program on HIV/AIDS in the Philippines
o Submit to the president and to both house of congress

Section 47: creation of special HIV/AIDS prevention and control service

 Special HIV/AIDS prevention and control service

o Function: implement programs on HIV/AIDS prevention and control. In addition
it shall also serve as the secretariat of the council
o Permanent appointment
o Supported with adequate yearly budget
o Staffed by
 Qualified medical specialist
 Support staff

Section 48: Appropriations

 20,000,000.00 from the national treasury

o Subsequent appropriation shall be provided by congress in the annual budget of
the department of health under the general appropriations Acts

Article 9: miscellaneous provisions

Section 49: implementing rules and regulations

 The council shall formulate and issue the appropriate rules and regulations necessary for
the implementation of this Act
o Within 6 months after it is fully reconstituted

Section 50: Separability clause

 If any provision of this act is declared invalid, the remainder of this act or any provision
not affected thereby shall remain in force and effect

Section 51: Repeading clause

 All laws presidential decrees, executive orders and their implementing rules inconsistent
with the provisions of this Act are hereby repeated, amended or modified accordingly

Section 52: effectivity

 This act shall take effect 15 days after its publication in at least 2 national newspaper of
general circulation
 Approved: February 13, 1998