MTLB Week 1 and 2
MTLB Week 1 and 2
INTRODUCTION TO LEGALSTUDIES
&HISTORICAL PERSPECTIVES OF
MEDICAL TECHNOLOGYPROFESSION
NEIL ALLEN ELQUINTO, RMT
COLLEGE OF MEDICAL
TECHNOLOGY
CENTER FOR MEDICAL & ALLIED HEALTH
SCIENCES NEW ERA UNIVERSITY
CHED Memorandum Order 13 series 2017
• Philippine Medical Technology Laws and Bioethics
• 3 unit subjects = 3 lecture hours
• 10% - Philippine Licensure for Medical Technologist together
with the Histopathologic & Cytopathologic Techniques and
Laboratory Management
• R.A. 5527 and other related medical technology/medical
laboratory science laws, amendments and administrative
orders.
• Bioethics: Principles and Basic Concepts.
OVERVIEW
• Having been under the colonial rule of Spain and
subsequently the United States, it is not surprising that the
Philippines would base much of its laws and court system on
the Spanish and American models.
• The Revised Penal Code (law which defines and punishes
crimes), for example, is mostly derived from Spanish criminal
law.
• Laws affecting commerce (such as negotiable instruments,
banks, corporations and securities), on the other hand, are of
American origins. In fact, the Philippine Constitution itself is
modeled after the US Constitution.
OVERVIEW
• Understanding the government structure of the Philippines
is essential in getting a clear picture of the Philippine legal
system.
• Under the Constitution, governmental powers in the Philippines
is divided among three institutions: executive, legislative and
judicial. The executive branch, headed by the president,
enforces the laws; the legislative branch - made up of the
House of Representatives and Senate (collectively called
Congress) - makes the laws; and the judicial branch (through
the Supreme Court and lower courts established by Congress),
also called the judiciary, interprets the laws.
LEGAL PROFESSION
• LAW means any rule of action or any system of uniformity. It is
also defined as a system, rules and regulations which are
enforce through acts, constitutions and codes to govern the
conduct of men for an organized society.
• Law is divided into two general groups:
• 1. Law which is promulgated and enforced by the state. It
refers for what is known. (State Law)
• 2. Law which is not promulgates and enforced by the
state. It includes divine law, moral law, and physical law.
(Non-jural Law)
LEGAL PROFESSION
• Subdisciplines of Law:
1. STATE LAW/ JURAL LAW – the law that is promulgated and
enforced by the state. It is also called as positive law,
municipal law, civil law, or imperative law. It is the law we refer
to when we speak of law in connection with obligations and
contracts, marriage, the administration of justice, the conduct
of elections and the entire governmental process itself. It
covers the Constitutional Law, Crime Law, Private Law and
Commercial Laws.
2. DIVINE LAW – is the law of religion and faith concerns on the
concept of sin and salvation. It is embodied by the Ten
Commandments from the Old Testament of the Bible.
LEGAL PROFESSION
• Subdisciplines of Law:
3. NATURAL LAW – it is defined as the divine inspiration in man
of the sense of justice, fairness and righteousness. It is
regarded as the reasonable basis of state law.
4. MORAL LAW – it is an unstable law. It is refer as the totality
of the norms of good and right conduct growing out of the
collective sense of right and wrong.
5. PHYSICAL LAW – it is a stable law, there are uniformities of
actions and orders of sequence which are the physical
phenomena that what we sense and feel. Laws of physical
science or physical law.
LEGAL PROFESSION
• Sources of Law:
1. CONSTITUTION – the written instrument by which
fundamental powers of government are established, limited
and defined. Since it was promulgated by the people, it is the
fundamental, basic and supreme law of the land.
2. LEGISLATION – consists in the declaration of legal rules by a
competent authority. Enacted Law or Statute Law are the acts
passed by the legislature.
3. ADMINISTRATIVE OR EXECUTIVE ORDERS, REGULATIONS
AND RULINGS – issued by administrative officials under
legislative authority. It is intended to clarify or explain the law and
carry into effect its general provisions.
LEGAL PROFESSION
• Sources of Law:
4. JUDICIAL DECISIONS OR JURISPRUDENCE – decision of a
superior court on a point of law are binding on all subordinate
courts. Applying or interpreting the laws or constitutions from
part of the legal system of the Philippines.
5. CUSTOM – consists of those habits and practices which
through long and uninterrupted usage have become
acknowledge and approved by society as binding rules of
conduct. It must be proved as a fact according to the rules of
evidence.
6. Other sources – it includes the principle of justice and equity,
decision of foreign tribunals, opinions of text writers and
religion.
CLASSIFICATION OFLAW
As to its purposes:
• 1. Substantive Law – portion of the body of law creating and
defining rights and duties which may be either public or private
in character. The good example is the law on obligations and
contracts.
• 2. Adjective Law/ Remedial Law/Procedural Law – body of
law prescribing the manner or procedure by which rights
maybe enforced or their violations redresses.
CLASSIFICATION OFLAW
As to its subject matter:
1. Public Law or the body of legal rules which regulates the
rights and duties arising from the relationship of the state to
the people.
• Criminal Law – defines crimes and provides for their
punishment.
• International Law – governs the relations among
nations/states.
• Constitutional Law – governs the relations between the
state and its citizens.
CLASSIFICATION OFLAW
As to its subject matter:
2. Private Law regulates the relations of individuals with one
another for purely private ends. The law on obligations and
contracts comes under this heading because it deals with the
rights and obligations of contracting practices only.
• Civil Law – governs the relation between
organizations and individuals.
• Mercantile Law/Commercial Law - governs the rights,
relations, and conduct of persons and businesses
engaged in commerce, merchandising, trade, and sales.
• Civil Procedure – provide the means by which private
rights maybe enforced.
DEFINITION OF MEDICAL TECHNOLOGY
• Medical technology as defined by Ruth Heinemann(1963) is
"the application of principles of natural, physical, and biological
sciences to the performance of laboratory procedures which aid
in the diagnosis and treatment of diseases."
• Anna Fagelson (1961) defined it as "the branch of medicine
concerned with the performance of laboratory determinations
and analyses used in the diagnosis and treatment of the
disease and the maintenance of health."
• Walters defined medical technology or clinical laboratory
science "as the health profession concerned with performing
laboratory analyses in view of obtaining information necessary
in the diagnosis and treatment of disease as well as in the
maintenance of good health."
DEFINITION OF MEDICAL TECHNOLOGY
• According to Republic Act 5527 it is defined as an auxiliary
branch of laboratory medicine which deals with the
examination by various chemical, microscopic, bacteriologic
and other medical laboratory procedures or technique which
will aid the physician in the diagnosis, study and treatment of
disease and in the promotion of health in general.
• All in all Medical technology is a part of the health technology,
which encompasses a wide-range of health care products and,
in one way or another, is used to diagnose, monitor or treat
every disease or condition that affects humans.
HISTORICAL PERSPECTIVES
Early History: Ancient Laboratory Practices (400 BC.)
• In the year 460 B.C. when the Greek, physician Hippocrates
also known as the father of medicine formulated the famous
Hippocratic Oath, the code of ethics for practicing physicians.
• Hippocrates described four "humors" or body fluids in man
namely- the blood, phlegm, yellow bile and black bile. These
four humors or body fluids were felt to be the source of a
person's disposition and disease in ancient times. He
analyzed urine and wrote a book “UROSCOPY” to aid in his
diagnosis
• The Greek are able to detect sugar on the urine
HISTORICAL PERSPECTIVES
Early History: Ancient Laboratory Practices (400 BC.)
• In the year 1500 B.C. a medical technologist named Vivian
Herrick traces the beginning of medical technology when
the intestinal parasites such as Taenia and Ascaris were first
identified.
• Ebers Papyrus, believe that medical technology began when
a book for treatment of disease published, this book also
contained the description of the three stages of hookworm
infection and the disease it could produce to human.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Another person in named Ruth Williams believe that medical
technology began from the medieval period as supported by
the fact that urinalysis was a fad.
• Early Hindu doctors made the "scientific observation" that the
urine of certain individual attracted ants, and that such urine
has a sweetish taste. In the 14th century 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,
unfortunately she died due to laboratory acquired infection.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Zacaharias Janssen – dutch spectacle maker open the door for the
scientist who wanted to explore the disease causation. Making
microscope 9x magnification.Medical technology developed as the
years passed.
• In 1632, Anton Van Leeuwenhoek invented and improved the
compound microscope. He was the first to describe red blood cells,
to see protozoa, and to classify bacteria according to shape. His
invention led to the rapid progress of microbiology and pathology.
As science progressed, laboratory tests were greatly improved.
• In 1848, Herman Fehling performed the first quantitative test for
urine sugar. At the same time, the rapid advancement of our
chemistry laid the ground work for the development of our modern
clinical chemistry.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Athanasius Kircher – a Jesuit priest – used the microscope to
investigate the diseases.
• Robert Hooke – English Philosopher, architect and polymath –
published Micrographia which featured illustration of his
observations using microscope.
• Marcello Malphigi – Italian microscopist –investigated the
embryology of chicks and the histology and physiology of the
glands and viscera.
• Jean Baptiste van Helmont – Belgian mystic – developed the
gravimetric analysis of urine.
HISTORICAL PERSPECTIVES
Medieval Laboratory Practices (16 th -18 th Century)
• Frederick Dekkers – Medical doctor – described the protein in
urine.
• Richard Lower – English Physiologist – performed the first
blood transfusion in animals.
• William Hewson – English Physiologist – described the
process of coagulation
• Francis Home – Medical Doctor – developed the yeast test for
sugar in diabetic urine.
• Matthew Debson – Medical Doctor – Identified sugar in the
blood and urine in diabetics.
• John Snow – Father of Field Epidemiology – by detecting the
source of cholera in London
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• World War II is the most widespread war that occurred from 1939 to
1945. On the day Pearl Harbor was invaded by Japan (December 7,
1941) three days after Japan invaded Philippines causing wrath of
the US. The war between the two rivals was very grave. Sickness
and death due to illnesses were rampant.
• In 1944, US bases were built in Leyte (around 75 miles away from
Manila Bay).This made possible for the Us to bring in members of
the health care team to the Philippines to resolve the health
problems of soldiers and Filipinos.
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• Real medical facilities were made available to the Philippines, which
includes the 26th Medical Laboratory of the 6th US Army. The said
laboratory was located at Quiricada, Sta. Cruz, Manila, but now
known as the Public Health Laboratory, a division of the Manila
Health Department. As early as February of that year, training of
civilians to become members of the health care team was already
being done.
• The 6th US Army left the laboratory on June 1945. The laboratory
was endorsed to the National Department of Health but the
department did not seem to be interested in pursuing the
objectives of laboratory.
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• The World War ended on September 1945, and barely a month
after, the laboratory was formerly re-organized by Dr. Alfredo Pio
de Roda and assisted by Dr. Mariano Icasiano who was then the
Manila City Health Officer. The laboratory was later name Manila
Public Health Laboratory.
• A training program for individuals aspiring to become laboratory
workers was offered in 1947 by Dr. Pio de Roda, in collaboration
with Dr. Prudencia Sta. Ana. Trainees were mostly high school
graduates and paramedical graduates. The training proved to be
ineffective because the trainees were never motivated and there
was no program that was supposed to last for a definite period and
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical Technology in the
Philippines (19 th Century)
• The World War ended on September 1945, and barely a month
after, the laboratory was formerly re-organized by Dr. Alfredo Pio
de Roda and assisted by Dr. Mariano Icasiano who was then the
Manila City Health Officer. The laboratory was later name Manila
Public Health Laboratory.
• A training program for individuals aspiring to become laboratory
workers was offered in 1947 by Dr. Pio de Roda, in collaboration
with Dr. Prudencia Sta. Ana. Trainees were mostly high school
graduates and paramedical graduates. The training proved to be
ineffective because the trainees were never motivated and there
was no program that was supposed to last for a definite period and
HISTORICAL PERSPECTIVES
Beginning of the Practice of Medical
Technology in the Philippines (19 th
Century)
• Realizing this, Dr. Pio de Roda
instructed Dr. Sta. Ana to prepare a
formal syllabus of the training program.
In 1954, the training began using a
syllabus and it was to last for 6 months.
A short while after Dr. Briones joined
the two. The training program offered
by Dr. Pio de Roda did not last long, for
during the same year, the formal
education of Medical Technology in the
Philippines began.
HISTORICAL PERSPECTIVES
Beginning of the Medical Technology / Medical Laboratory
Science Education in the Philippines (19 th Century)
• Manila Sanitarium and Hospital began July 1929 as a clinic and
was managed by Dr. Horace A. Hall, a medical missionary.
The demand fro its services increased by 1940 after/between
the World War II. The building was renovated after WWII
around 1946-1949.
• In 1954, Manila Sanitarium and Hospital under the leadership of
Dr. Elvin Hedrick and Mrs. Willa Hedrick opened the first school
of Medical Technology, offers internship in Loma Linda University
in California USA.
• The School was absorbed by the Philippine Union College
(PUC), now the Adventist University of The Philippines.
Leaving its facilities for its clinic.
FORMAL EDUCATION IN MEDICAL TECHNOLOGY /
MEDICAL LABORATORYSCIENCE
• Over 90 schools in the Philippines offers Bachelor of Science in
Medical Technology / Bachelor in Medical Laboratory Science
(BSMT/BMLS)
• Over 15-20 School offers graduate school program: MS Medical
Technology and MS Medical Laboratory Science
• Only 1 school offers Doctor of Philosophy in Medical Technology
(UST)
• University of the Philippines – Manila and Visayas offers BS Public
Health
• Master of Public Health – thesis or non thesis (elective
specialization
tracking) – numerous schools offers the degree same with
HALLMARKS OF MEDICAL TECHNOLOGY
PROFESSIONAL PRACTICES
• The Professional Practice of the Medical Technology in the
Philippines is governed by the following:
1. Pertinent Laws – existing laws of the land mandate the professional
practice of medical technology. The rules and regulations pertaining
to the same should be compiled with.
2. Labor Laws – Omnibus Implementing Rules and
Regulations, which considers the existence of employer and
employee relationship.
3. Criminal Laws – medical technology professional who commits
the an offense can never be denied due process and equal
protection.
4. Constitution of the Philippines – since the medical technologist
HALLMARKS OF MEDICAL TECHNOLOGY
PROFESSIONAL PRACTICES
• The Professional Practice of the Medical Technology in the
Philippines is governed by the following:
5. Professional ethics – medical technologist is mandated to
perform or observe the Code of Professional Ethics at all times
from the time he/she receives his/her license.
6. CHED Memorandum Orders
7. Professional Organizations
REPUBLIC ACT
5527: THE MEDICAL TECHNOLOGY
ACT OF 1969 (Amended by RA 6132, PD
498, PD 1534)
NEIL ALLEN ELQUINTO, RMT
COLLEGE OF MEDICAL TECHNOLOGY
CENTER FOR MEDICAL & ALLIED HEALTH
SCIENCE
NEW ERA UNIVERSITY
PRELIMINARY PROVISIONS
SECTION 1: TITLE
SECTION 2: DEFINITION TERMS
SECTION
1: TITLE
• Every applicant who has satisfactorily passed the required examination for
medical technologist shall be issued a certificate of registration as such:
Provided, That no such certificate shall be issued to any successful applicant
who has not attained the age of twenty-one (21) years.
• All certificate shall be signed by the members of the Board and by the
Commissioner of the Professional Regulation Commission. The duly
registered medical technologists shall be required to display his certificate
of registration in the place where he works.
SECTION 21 : ISSUANCE OF THE
CERTIFICATE OF REGISTRATION
• Provided, that upon application filed and the payment of the required fee of
one hundred and fifteen pesos (P115.00) the Board shall issue a certificate of
registration as medical technologist without examination to persons who have
been graduated with Bachelor of Science in Medical Technology/Bachelor of
Science in Public Health in duly recognized schools of medical technology in
the Philippines or in any foreign country,
• Provided, That in case of the latter, the standard of medical technology
education is substantially the same as ours, and in addition shall have been in
the practice of medical technology for at least three (3) years prior to the
filing of the application in laboratories in the Philippines duly accredited by
the Bureau of Research and Laboratories, Department of Health, or in foreign
countries if such performance began prior to June 21, 1969 and also to all
other persons who having graduated from other professions have been actually
performing medical technology practice for the last eight (8) years prior to
filing of the application,
SECTION 21 : ISSUANCE OF THE
CERTIFICATE OF REGISTRATION
• Provided, that such performance began prior to June 21, 1969.
• Provided, further, that the Board shall likewise issue a certificate of registration as medical
laboratory technician without examination to any person who upon application and payment
of the required fee of fifty pesos (P500.00) show evidence satisfactory to the Board that:
1. He or she passed the civil service examination for medical technician given on March 21,
1964; or
2. Has finished a two-year college course and has at least one (1) year of experience as
medical laboratory technician, Provided, that for every year of deficiency in college
attainment two (2) years of experience may be substituted; Provided, further, that an
applicant who has at least ten (10) years of experience as medical laboratory technician as
of the date of approval of this Decree regardless of his academic attainment may qualify
for registration without examination; or
3. Has failed to pass the board examination for medical technology but had obtained a
general rating of at least 70%. Provided, finally, that a registered medical laboratory
technician when employed in the government shall have the equivalent civil service
eligibility not lower than second grade.
SECTION 22: FEES
• The Board shall charge each applicant for examination and registration the
sum of fifty pesos for each certificate of registration issued without prior
examination in accordance with the provisions of this Act the sum of
twenty-five pesos; for issuance of a new certificate to replace certificate
lost, destroyed or mutilated, the Board shall charge the sum of ten pesos.
All such fees shall be paid to the disbursing officer of the Civil Service
Commission who shall pay from the receipts thereof, all authorized
expenses of the Board including the compensation of each member.
SECTION 23: REFUSAL TO ISSUE A
CERTIFICATE
• The Board shall refuse to issue a certificate of registration to any person
convicted by the court of competent jurisdiction of any criminal offense
involving moral turpitude, or any person guilty of immoral or dishonorable
conduct, or of unsound mind, or incurable communicable disease, and in
such shall be give to the applicant a written statement setting forth the
reason for its action, which statement shall be incorporated in the record
of the Board.
SECTION 24: ADMINISTRATIVE INVESTIGATION