Amending Sec. 3 of R.A. No. 7431 (Radiologic Technology Act of 1992)

Scia «Piter of in A TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 P1:39 SENATE RECEN/CO BY S. No. 1031 Introduced by Senator Jinggoy Ejercito Estrada AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT SEVEN THOUSAND FOUR HUNDRED THIRTY-ONE (R.A. 7431) OTHERWISE KNOWN AS THE "RADIOLOGIC TECHNOLOGY ACT OF 1992" AND FOR OTHER PURPOSES EXPLANATORY NOTE In 1992, Republic Act 7431 was enacted in order to regulate, and at the same time, upgrade the practice of radiologic technology in the Philippines. Through this law, the government sought to protect the public from the hazards posed by radiation as well as to ensure safe and proper diagnosis, treatment, and research through the application of machines and/or equipment using radiation. In order to uphold such policy, RA 7431 created the Board of Radiologic Technology composed of three (3) radiologic technologist, one (1) radiologist, and one (1) medical physicist. However, including a radiologist and a medical physicist in the board defeats the intent of the law. Under the law, a radiologist is a licensed physician who specializes in the diagnosis or treatment of diseases with the use of radiation while a medical physicist specializes in the application of the principles and techniques of physics in medicine. These are entirely different from those who practice radiologic technology-related professions. Whereas this specific technology is an auxiliary branch of radiology which deals with the application of radio frequency rays

in the diagnosis and treatment of diseases, this set up then does not call for representation of radiologists and medical physicists to the Board. This proposed measure then seeks to address this loophole in the law by excluding the radiologist and medical physicist from the Board of Radiologic Technology. Also, the bill changes the scope of examinations for radiologic and x-ray technologists to more practical subjects with their corresponding weights also modified. Equally important is that this measure also seeks to promote the incorporation of the x-ray technology and radiologic technology profession into the Accredited and Integrated Professional Organization (AIPO) of x-ray technologists and radiologic technologists sanctioned by the Profession Regulation Commission (PRC). In view of the foregoing, passage of the bill is earnestly sought. JINGGOY EJERCITO ESTRADA

Offer of ta TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) AUG -6 P1:39 SENATE RECEIVED 9! S. No. 1031 Introduced by Senator Jinggoy Ejercito Estrada AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT SEVEN THOUSAND FOUR HUNDRED THIRTY-ONE (R.A. 7431) OTHERWISE KNOWN AS THE "RADIOLOGIC TECHNOLOGY ACT OF 1992" AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 Paragraphs (f) and (g) of RA 7431 entitled, "An Act

2 Regulating the Practice of Radiologic Technology in the Philippines, Creating the Board 3 of Radiologic Technology Defining its Powers and Functions and for Other Purposes" 4 are hereby deleted and paragraphs (h) and (i) of the same section are correspondingly 5 renumbered as (f) and (g). In addition, a new paragraph (h) shall be included. 6 Amendments are as follows: "Sec. 3. Definition of Terms. - As used in this Act, the following terms shall mean: "(a) xxx "(b) XXX "(c) xxx "(d) xxx "(e) xxx "[(f) "Radiologist" is a licensed physician who specializes in the diagnosis or treatment of disease with the use of radiation;]

"[(g) "Medical Physicist" is a physicist who specializes in the application of the principles and techniques of physics in medicine;] "[(h)] (F) "Board" refers to the PROFESSIONAL REGULATORY Board of Radiologic Technology; and "[i)] (G) "Commission" refers to the Professional Regulation Commission. [created under Presidential Decree Numbered Two hundred and twenty three.] "(H) "AIPO" REFERS TO THE ACCREDITED AND INTEGRATED PROFESSIONAL ORGANIZATION OF X- RAY TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS THAT THE BOARD HAS ACCREDITED, SUBJECT TO THE APPROVAL BY THE COMMISSION, AS THE ONE AND ONLY ACCREDITED INTEGRATED NATIONAL ORGANIZATION OF X-RAY TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS."

Sec. 2. Section 6 of RA 7431 is hereby amended to read as follows:

"Sec. 6. Creation of the Board of Radiologic Technology. - There is hereby created a PROFESSIONAL REGULATORY Board of Radiologic Technology which shall be composed of a Chairman and four (4) members, all of whom shall be appointed by the President of the Philippines upon the recommendation of the Professional Regulation Commission. The Commission shall recommend three (3) radiologic technologists from a list OF FIVE (5) NOMINEES PER VACANCY to be submitted by the [Association] AIPO; of X-RAY TECHNOLOGISTS AND radiologic technologists; Lione (1) radiologist from a list to be submitted by the association of radiologists; and one (1) medical physicist Efrom a list to be submitted by the association of medical physicist: Provided, however, that the said association is

accredited in accordance with Presidential Decree Numbered Two hundred and twenty three:] Provided, [further,] That each person whose name is submitted shall possess the qualifications prescribed in Sec. 7 of this Act."

Sec. 3. Section 7 of RA 7431 is hereby amended to read as follows:

"Sec. 7. Qualifications of Board Members. - "(a) xxx "(1) xxX "(2) XXX "(3) xXX "(4) XXX "((b) xxx] "[(1)] (5) Be a radiologic technologist; [and] "[(2)] (6) [Have] HAS at least ten (10) years practice as A radiologic technologist[s] prior to [their] appointment; [:Provided, That the three (3) radiologic technologists appointed as chairman and members of the first board shalt be deemed automatically registered as radiologie technologists upon assumption of their duties as members. ] "[(3)] (7) BE A MEMBER IN GOOD STANDING OF THE AIPO; AND, "[(4)] (8) HAS NOT BEEN CONVICTED BY A COURT OF COMPETENT JURISDICTION OF AN OFFENSE INVOLVING MORAL TURPITUDE. "[fc) One (1) member of the Board shall at the time of his appointment: I "[(1) Be a radiologist; and] "[Has at least ten (10) years practice as a radiologist prior to his appointment.] "[fd) One (1) member of the Board shall at the time of his Appointment:] "[(1) Be a medical physicist; and]

"E(2) Has at least ten (10) years practice as a medical physicist. ]"

Sec. 4. Section 9 of RA 7431 is hereby amended to include new paragraphs (g)

and (h) and the existing paragraphs (g) and (h) shall hereinafter be re-labeled as paragraphs (i) and (i), respectively, to read as follows: "Sec. 9. Duties and functions of the Boards. - The Board shall have the following duties and functions: "(a) xxx "(b) XXX "(c) xxX "(d) xxx "(e) xxx "(f) XXX "(G) TO ENSURE THE DEVELOPMENT OF THE PROFESSIONAL COMPETENCE OF X-RAY TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS THROUGH MANDATORY CONTINUING PROFESSIONAL DEVELOPMENT; "(H) TO PROMOTE THE INTEGRATION OF THE X-RAY TECHNOLOGY AND RADIOLOGIC TECHNOLOGY PROFESSION; "[(g)] (I) "[(h)] (J)"

Sec. 5. Paragraphs (a), (b), (c), (d), (e), (f) and (g) of section 20 of RA 7431

are hereby amended to read as follows: "Section 20. Scope of Examination in X-ray Technology. - Unless changed or modified by the Board, the examination in x-ray technology shall cover the following subjects with the corresponding weights as follows: "[fa) xx xx7 "[(b) xxx7

"Ifc) xxx7 "[fd) xx x7 "[fe) xxx7 "[(A) xx x7 "[(g) xx x1 "A. RADIOLOGIC PHYSICS, EQUIPMENT AND MAINTENANCE "RADIOBIOLOGY AND RADIATION PROTECTION, QUALITY ASSURANCE... ......................25% "1. RADIOLOGIC PHYSICS "2. EQUIPMENT AND MAINTENANCE "3. RADIOBIOLOGY AND RADIATION PROTECTION "4. QUALITY ASSURANCE AND QUALITY CONTROL "B. IMAGE PRODUCTION AND EVALUATION .......25% "1. PRINCIPLES OF IMAGING "2. IMAGE PROCESSING AND ANALYSIS "C. RADIOLOGIC PROCEDURES ....... ...25% "1. RADIOLOGIC POSITIONING AND RADIOLOGIC PROCEDURES "2. RADIOLOGIC CONTRAST EXAMINATIONS "C. PATIENT CARE, MANAGEMENT, ETHICS AND JURISPRUDENCE, HUMAN ANATOMY, MEDICAL TERMINOLOGY.. .25% "1. PATIENT CARE "2. DEPARTMENT ADMINISTRATION "3. PROFESSIONAL ETHICS AND JURISPRUDENCE "4. HUMAN ANATOMY AND PHYSIOLOGY "5. MEDICAL TERMINOLOGY"

Sec. 6. Section 21 of RA 7431 is hereby amended to read as follows:

"Sec. 21. Scope of Examination in Radiologic Technology. - Unless changed or modified by the Board, the

examination in radiologic technology shall cover the following subjects with the corresponding weights as follows: "[(a) xxx7 "[(b) xxx] "[fc) xxx7 "[fd) xx x} "[fe) xxx} "[(g) xxx7 "[(h) xx x7 "[(i) × xx7 "[ti) xxx] "A. RADIOLOGIC PHYSICS, EQUIPMENT AND MAINTENANCE RADIOBIOLOGY AND RADIATION, PROTECTION, QUALITY ASSURANCE . .....20% "1. RADIOLOGIC PHYSICS "2. EQUIPMENT AND MAINTENANCE "3. RADIOBIOLOGY AND RADIATION PROTECTION "4. QUALITY ASSURANCE AND QUALITY CONTROL "B. IMAGE PRODUCTION AND EVALUATION .....20% "1. PRINCIPLE OF IMAGING "2. IMAGE PROCESSING AND ANALYSIS "C. RADIOLOGIC PROCEDURES ... ..20% "1. RADIOGRAPHIC POSITIONING AND RADIOLOGIC PROCEDURES "2. RADIOLOGIC CONTRAST EXAMINATIONS "D. PATIENT CARE, MANAGEMENT, ETHICS AND JURISPRUDENCE, HUMAN ANATOMY, MEDICAL TERMINOLOGY ... ...20% "a. PATIENT CARE "b. DEPARTMENT OF ADMINISTRATION "c. PROFESSIONAL ETHICS AND JURISPRUDENCE

"d. HUMAN ANATOMY AND PHYSIOLOGY "e. MEDICAL TERMINOLOGY "E. RADIOLOGIC SCIENCES. .20% "a. RADIOGRAPHIC PATHOLOGY "b. VENIPUNCTURE "c. ULTRASOUND "d. COMPUTED TOMOGRAPHY "e. MAGNETIC RESONANCE IMAGING "f. INTERVENTION THERAPY"

Sec. 7. Section 22 of RA 7431 is hereby amended to read as follows:

"Sec. 22. Report of Ratings.- The Board shall, within [one hundred twenty (120)] A PERIOD OF TEN (10) days after the date of completion of the examination, UNLESS EXTENDED FOR JUST AND MERITORIOUS CAUSE, report the rating obtained by each candidate to the Commission. [which shall submit such report to the President of the Philippines for approval.] "x × X."

Sec. 8. A new section is hereby inserted after Section 21 RA No 7431 to read

as follows and succeeding sections will then be renumbered accordingly: "SEC. 22. FOREIGN RECIPROCITY. - NO FOREIGN X-RAY TECHNOLOGIST OR RADIOLOGIC TECHNOLOGIST SHALL BE GIVEN A CERTIFICATE OF REGISTRATION (COR) AND PROFESSIONAL IDENTIFICATION CARD (PIC) OR BE ENTITLED TO ANY OF THE PRIVILEGES UNDER THIS ACT UNLESS THE COUNTRY OF WHICH THE FOREIGN X-RAY TECHNOLOGIST OR RADIOLOGIC TECHNOLOGIST IS A SUBJECT OR CITIZEN SPECIFICALLY PERMITS FILIPINO X-RAY TECHNOLOGIST OR RADIOLOGIC TECHNOLOGISTS TO PRACTICE WITHIN ITS TERRITORIAL LIMITS ON THE SAME BASIS AS THE

SUBJECTS OR CITIZENS OF SAID COUNTRY OR STATE."

Sec. 9. Section 25 of RA 7431 is hereby amended to read as follows:

"Sec. 25. Fees. -APPLICANTS FOR EXAMINATION, REGISTRATION, REPLACEMENT OF LOST OR DESTROYED COR OR PIC REISSUANCE OF REVOKED COR SHALL PAY THE CORRESPONDING FEES AS MAY BE PRESCRIBED BY THE COMMISSION: [Unless otherwise fixed by the Commission, each examinee of registered shall pay the following fees] "(a) For application for examination P350.00 "(b) For registration after passing the board examinations P250.00 "(c) For registration without examination P250.00 "(d) For replacement of lost or destroyed certificate of registration P100.00 "(e) For reissuance of revoked certificate P100.00"

Sec. 10. A new section is hereby inserted after Section 25 to read as:

"SEC. 25-A. INTEGRATION OF THE X-RAY TECHNOLOGY AND RADIOLOGIC TECHNOLOGY PROFESSIONS. - THE X-RAY TECHNOLOGY AND RADIOLOGIC TECHNOLOGY PROFESSIONS SHALL BE INTEGRATED INTO ONE (1) NATIONAL ORGANIZATION WHICH SHALL BE ACCREDITED BY THE BOARD, SUBJECT TO THE APPROVAL BY THE THE AIPO OF X-RAY COMMISSION, AS TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS. ALL X-RAY TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS DULY REGISTERED WITH THE BOARD SHALL AUTOMATICALLY BECOME MEMBERS OF THE AIPO, AND SHALL RECEIVE THE BENEFITS AND PRIVILEGES AS WELL AS BE SUBJECT

TO THE DUTIES AND OBLIGATIONS APPERTAINING TO SUCH MEMBERSHIP UPON PAYMENT OF THE REQUIRED FEES AND DUES. MEMBERSHIP IN THE AIPO SHALL NOT BE A BAR TO MEMBERSHIP IN OTHER ASSOCIATIONS OF X-RAY TECHNOLOGISTS AND RADIOLOGIC TECHNOLOGISTS."

Sec. 11. Section 26 of RA 7431 is hereby further amended to read as:

"Sec. 26. Penal Provisions. - Any person who shall practice X-RAY TECHNOLOGY OR RADIOLOGIC TECHNOLOGY in the Philippines, within the meaning of this Act, with any of the following attending circumstances shall, upon conviction by final judgment, be punished with a fine of not less than Ten thousand pesos (P10,000.00) nor more than Forty thousand pesos (P40,000.00) or by imprisonment of not less than one (1) year nor more than six (6) years or both, at the discretion of the court: "XXX."

Sec. 12. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 13. Repealing Clause. - Any law, presidential decrees or issuance,

executive orders, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days from the date

of its publication in the Official Gazette or in a newspaper of general circulation. Approved,