Physicians Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P3:06 First Regular Session SENATE RICEMED B) S.B. No. 1117 Introduced by SEN. WIN GATCHALIAN AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE PRACTICE OF THE MEDICAL PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 2382, AS AMENDED, OTHERWISE KNOWN AS THE 'MEDICAL ACT OF 1959' AND OTHER LAWS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I POLICY, OBJECTIVES, AND ENFORCEMENT

SECTION 1. Short Title. - This Act shall be known as the "Physicians Act".

SEC. 2. Declaration of Policy. - The State recognizes the vital role of physicians in

the preservation, maintenance, safeguarding, treatment, and enhancement of the life, health, and general welfare of the citizenry. The professional services of physicians shall, therefore, be promoted as a regular component of the total health care system.

SEC. 3. Objectives. - This Act provides for and shall govern the:

a) Standardization, upgrading, and regulation of the basic medical education, medical internship, and post-graduate medical education and training; b) Conduct of the Physician's Licensure Examination, and the licensure and registration of physicians; c) Supervision and regulation of the practice of medicine; d) Integration of the profession under one national professional organization of physicians; and e) Upholding of patient welfare and patient safety as the primary consideration in the practice of medicine and promoting competence, moral values, and professional ethics of members of the medical profession.

SEC. 4. Enforcement. - For purposes of implementing the provisions of this Act,

there shall be created the following: the Medical Education Council (MEC), the Professional Regulatory Board of Medicine (PRBM), the Post-Graduate Medical Education Council (PGMEC), and the Integrated National Professional Organization of Physicians (INPOP). They shall call upon or request any department, instrumentality, office, bureau, institution or agency of the government, including local government units (LGUS), to render such assistance as they may require or to coordinate or cooperate in order to carry out, enforce or implement the professional regulatory policies of the government or any program or activity they may undertake pursuant to the provisions of this Act. ARTICLE II DEFINITION OF TERMS

SEC. 5. Definition of Terms. - As used in this Act:

a) Accreditation refers to an evaluation mechanism of the PRBM of the Professional Regulation Commission (PRC) through the PGMEC that assesses the capability of a healthcare institution to conduct a post-graduate medical education or training program in a particular specialty or subspecialty of medicine through compliance with a series of pre-defined, explicitly written standards; b) Basic medical education refers to a four (4)-year post-baccalaureate program

offered by a medical college recognized by the Commission on Higher Education (CHED) composed of core curricular and clinical subjects, the completion of which leads to the conferment of the degree of Doctor of Medicine and grants the holder the eligibility to take the Physician Licensure Examination (PLE) after a one (1)-year medical internship; or a five (5)-year post-baccalaureate program inclusive of a one (1)-year medical internship offered by a medical college recognized by CHED composed of core curricular and clinical subjects, the completion of which leads to the conferment of the degree of Doctor of Medicine and grants the holder the eligibility to take the PLE; c) Clinical clerkship refers to a course offered in the fourth (4th) year of a basic medical education program that consists of supervised, time-bound rotations and application of patient and community care in different medical disciplines in hospital, community, classroom and other teaching-learning settings involving both didactic and practical studies; d) Higher education institution (HEI) refers to an educational institution, private or public, undertaking operations of higher education programs with an organized group of students pursuing defined studies in higher education, receiving instruction from teachers, usually located in a building or group of buildings in a particular site specifically intended for educational purposes; e) Illegal practice of medicine refers to the practice of the medical profession without the required valid certificate of registration for physicians and valid professional identification card issued by the PRC; f) Innovative curriculum refers to a curriculum that applies non-traditional, flexible, creative, and open curricular frameworks, teaching-learning models, and methods of evaluation and assessment applied to basic medical education in real world situations as defined by the CHED; g) Medical college refers to a learning institution which has complied with the standards and requirements set forth and duly recognized by the CHED to offer a complete basic medical education program leading to a degree of Doctor of Medicine. It may also be known as College of Medicine, Faculty of Medicine,

Institute of Medicine, School of Medicine, Medical Schools or other similar names; h) Medical internship refers to a one (1)-year post graduate internship training program after completion of four (4) years of basic medical education from a medical college or the fifth (5th) year of a five (5)-year basic medical education program that is supervised and monitored by the MEC in which a Doctor of Medicine undergoes a supervised, time-bound rotation and application of patient and community care in different medical disciplines in accredited hospitals and other settings as a requisite for the PLE; i) Medical specialty refers to a major branch or discipline of medicine under which a physician has special knowledge and skill acquired after residency or specialized training in an accredited specialty training institution; j) Physician Licensure Examination (PLE) refers to an evaluative process conducted by the PRBM to eligible candidates in order to obtain a license to practice medicine; k) Post-graduate medical education refers to an educational program either through a clinical or non-clinical track or alternative track, pursued after conferment of a Doctor of Medicine degree, and referring to any type of formal medical education/training in a hospital, community, facility, institute, or HEI or any combination thereof leading to specialization; 1) Post-graduate medical education - clinical track refers to a post-graduate medical education/training program for licensed physicians in a particular specialty or subspecialty of medicine in a PRBM accredited training program in a hospital and community setting involving direct patient care and may include residency or subspecialty fellowship training; m) Post-graduate medical education - non-clinical track refers to a post-graduate medical education and training program for medical graduates or licensed physicians in an HEI conferring a post-graduate academic degree involving basic medical sciences or other health-related fields or disciplines without direct patient care and includes research, medical education, public health, health

systems and health-related administration; n) Post-graduate medical education - alternative track refers to a post-graduate medical education and training program of licensed physicians for a particular specialty of medicine in a Department of Health (DOH)-accredited alternative track, consisting of preceptorship, modular, mentorship, or clinical fellowship training of not less than two (2) years of clinical practicum and comprehensive direct specialty patient care; o) Primary care refers to initial contact, accessible, continuous, comprehensive and coordinated care that is accessible at the time of need including a range of services for all presenting conditions, and the ability to coordinate referrals to other health care providers in the health care delivery system, when necessary; P) Resident/Fellow trainee refers to a licensed physician undergoing post-graduate medical education and training in a particular specialty for resident or subspecialty for fellow of medicine in a DOH-Retained Hospital, or PRBM and INPOP accredited training institution; q) Specialty Board Certifying Examination refers to the evaluative process conducted by the PRBM and INPOP; r) Special permit refers to the document secured by a foreign medical professional in the absence of a reciprocity agreement, executive agreement, or treaty, to be allowed to practice medicine in the Philippines; s) Telemedicine refers to the practice of medicine by means of electronic and telecommunications technologies such as by telephone, internet-enabled messaging, short messaging service (SMS), or audio- and video-conferencing, to deliver health care that cannot otherwise be done face-to-face due to certain conditions such as the physical distance between the patient and the physician; and t) Temporary training permit refers to the document secured by a foreign medical professional after compliance with the requirements for medical residency training or post graduate medical education training which shall be valid for a period co-terminus with the medical residency or post-graduate medical

education training, unless sooner revoked for cause. ARTICLE III THE MEDICAL EDUCATION COUNCIL AND THE MEDICAL DEGREE PROGRAM

SEC. 6. Creation. - The Medical Education Council (MEC) shall be created, under

the administrative supervision of the CHED, and shall be composed of the following: a) Chairperson of the CHED, or the Chairperson's duly authorized representative, as Chairperson of the MEC; b) Secretary of the DOH, or the Secretary's duly authorized representative, as member; c) Chairperson of the PRC-PRBM, or the Chairperson's duly authorized representative, as member; d) President of the INPOP, or the President's duly authorized representative, as member; The President of the National Association of Medical Schools duly recognized by the CHED, or the President's duly authorized representative, as member; and f) The President of the National Association of Hospitals duly recognized by the DOH, or the President's duly authorized representative, as member. The Chairperson and members of the MEC shall hold office during their incumbency in the respective institutions or associations that they represent. The MEC, within sixty (60) days after the effectivity of this Act, shall appoint a technical panel on the medical degree program composed of at least seven (7) outstanding members of the academe or the profession, or both, whose responsibility is to assist the MEC in carrying out its functions and powers. The membership of the technical panel shall include experts from the following: two (2) from the academe, two (2) from the industry sector, two (2) from the DOH, and one (1) from the INPOP. The public officials shall perform their duties as such without compensation or remuneration, subject to reasonable per diem allowances as approved by the MEC and subject to existing rules and regulations of the Department of Budget and Management 30 (DBM). Members thereof who are not government officials or employees shall be entitled

to necessary travelling expenses, per diem and representation allowances chargeable against the funds of the CHED, as approved by the MEC, subject to existing rules and regulations of the DBM.

SEC. 7. Functions and Duties. - The MEC shall have the following functions and

duties: a) Authorize the opening of and recognize new medical schools, especially in areas of need upon compliance with the minimum requirements; b) Determine the minimum requirements for physical facilities of medical colleges such as buildings, hospitals, equipment and supplies, apparatus, instruments, appliances, laboratories and bed capacity for instruction purposes, operating and delivery rooms, facilities for out-patient services, community health services and others that are necessary for didactic and practical instruction in accordance with modern trends; c) Determine the minimum number and the standard qualifications of administrative and teaching personnel including student-teacher ratio; d) Determine the minimum required curriculum leading to the degree of Doctor of Medicine, including internship; e) Authorize the implementation of an acceptable innovative medical curriculum or strategy in a medical college that has exceptional faculty, equipment and facilities. Such medical college with an innovative curriculum may prescribe admission and graduation requirements other than those prescribed in this Act; f) Determine the minimum requirements for admission into a recognized college of medicine; 9) Develop and put into place programs as well as adopt and implement policies which will encourage and allow applicants from marginalized areas or groups, or both, as well as financially challenged families to be admitted into medical colleges and complete their medical education; h) Keep a registry of medical students enrolled in medical colleges, and conduct tracer studies for medical graduates for up to five (5) years from graduation;

i) Recommend to the CHED the closure or suspension of the degree program for Doctor of Medicine of a medical college by reason of poor performance in the PLE over a given period of time based on statistical data furnished by the PRBM, or upon inspection of the medical school by the MEC for reasons of various deficiencies or violations; j) Promulgate, prescribe, and enforce policies and programs which will ensure the proper and orderly operations and upkeep of medical colleges in order to ensure that basic medical education is not treated merely as a business enterprise but one with a social dimension; k) Regulate, supervise and monitor the medical internship program; and I) Promulgate, prescribe and enforce the necessary rules and regulations for the proper implementation of the foregoing functions.

SEC. 8. Minimum Required Course. - The medical course leading to the degree of

Doctor of Medicine shall be undertaken for a period of four (4) years, inclusive of clinical clerkship; or for five (5) years, inclusive of clinical clerkship and medical internship: Provided, That there shall be no tuition or miscellaneous fees charged for internship that shall cover the following subjects: a) Human Anatomy including Gross, Microscopic and Developmental Anatomy; b) Human Physiology; c) Biochemistry, Molecular Biology, Genetics and Clinical Nutrition; d) Pharmacology and Non-Pharmacological Interventions and Therapeutics including Alternative Medicine, Traditional and Complementary Medicine and Philippine Traditional Medicine; e) Microbiology, Parasitology and Immunology; f) Internal Medicine, including Geriatrics and Dermatology; g) Aesthetic Medicine; h) General and Clinical Pathology, Surgical Pathology and Oncology; i) Obstetrics and Gynecology including Women's Health; j) Pediatrics and Nutrition including Child Protection;

k) General Surgery, and its divisions; 1) Anesthesiology and Pain Management; m) Orthopedics; n) Otorhinolaryngology; o) Ophthalmology; p) Psychiatry and Behavioral Sciences; q) Basic and Clinical Neurosciences; r) Family and Community Medicine including Public Health, Preventive Medicine and Health Economics, Primary Health Care; 5) Medical Information Technology and Telemedicine t) Physical and Rehabilitation Medicine; u) History and Perspectives in Medicine; v) Research, Evidence-based Medicine and Medical Informatics, and Epidemiology; w) Health Rights, Legal Medicine, Medical Jurisprudence and Forensic Medicine; and x) Radiology and other diagnostic imaging. The minimum curricular content regardless of the curriculum design shall include the following topics that should be integrated in all medical courses: a) Bioethics, Professionalism and Good Clinical Practice; b) Patient Safety and Quality Assurance; c) Consultation Skills, Physical Diagnosis and Communication Skills; d) Andragogy, Trauma-Informed Pedagogy; e) Disaster Risk Reduction and Management and Emergency Medicine; f) Leadership and Management and Technical Fluency; g) Inter-professional Education; h) Coaching and Mentoring; and i) Medical Certification on the Cause of Death. The MEC may, however, recommend to the CHED the re-clustering or integration of subjects as may be necessary to fit into the four (4) or five (5)-year program for the degree of Doctor of Medicine.

SEC. 9. Admission Requirements and Publication of Academic Catalogue. - A

medical college may admit any student who presents all of the following: a) Diploma or Certificate of completion of Bachelor's Degree in Science or Arts or completion of secondary education for medical colleges offering CHED approved innovative curriculum; b) Certificate of good moral character issued by two (2) former professors in the college where a bachelor's degree was obtained, or by two (2) former teachers in high school for those entering in a CHED-approved innovative curriculum, or by the head of the indigenous peoples community; c) Birth certificate duly authenticated by the Philippine Statistics Authority (PSA); d) Certificate of passing marks of the national medical admission test and psychometric test prescribed or conducted by the CHED not more than two (2) years from the time of admission; and e) For foreign students, a certificate of eligibility from the MEC for admission to medical school. Only medical colleges externally accredited by agencies recognized by the MEC may accept foreign medical students. A medical college may admit any student who has not been finally convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude and able to present all of the above requirements. Nothing in this Act shall be construed to prohibit any medical college from imposing further requirements relevant to the degree, in addition to the requirements set forth in this Section. Every medical college shall keep complete records of enrollment, grades, and graduates and must publish each year a catalogue with the following information: a) Date of publication; Calendar of academic year; Roll of faculty members, indicating whether on full-time or part-time basis, and their qualifications; d) Requirements for admission;

e) Grading system; f) Requirements for promotion; g) Requirements for graduation; Curriculum and description of course by department; and i) Number of students enrolled in each class in the preceding year.

SEC. 10. Medical Internship Program. - The MEC shall, within sixty (60) days after

the effectivity of this Act, appoint a technical panel on medical internship program composed of a minimum of seven (7) deans of CHED-recognized medical colleges or their representatives whose responsibility is to assist the MEC in carrying out its functions and duties on the medical internship program. The members of this panel shall perform their duties without compensation or remuneration, subject to reasonable per diem allowances as approved by the MEC and subject to existing rules and regulations of the DBM. Members thereof who are not government officials or employees shall be entitled to necessary travelling expenses, per diem and representation allowances chargeable against the funds of the CHED, as approved by the MEC, subject to existing rules and regulations of the DBM. a) Functions and Duties: 1) Formulate a one (1)-year standardized curriculum for medical internship that may either be rotating hospital-based or community-oriented, including accreditation standards for health institutions; 2) Review the curriculum and accreditation standards at least every four (4) years; Formulate and implement regulations and procedures for accredited health institutions including sanctions for non-compliance; 4) Accredit hospitals and other health facilities or settings that will be allowed to conduct a medical internship training program; Evaluate and monitor regularly the compliance of accredited health institutions with the prescribed curriculum and accreditation standards, and institute mechanisms for program evaluation;

6) Assess a reasonable processing fee for eligible applicants to the internship program and an administrative fee for accreditation for health institutions; Assist clinical clerks, in coordination with their medical colleges, in making an informed choice when selecting a particular health institution for their medical internship; Formulate and implement a national internship matching program including mechanisms for transfers after having been matched; 9) Develop and implement a system for accredited health institutions to monitor and evaluate the performance of their medical interns; 10) Receive and resolve complaints from medical interns or host institutions; and 11) Issue a certificate of completion of medical internship upon the recommendation of the accredited health institution. ARTICLE IV THE PROFESSIONAL REGULATORY BOARD OF MEDICINE

SEC. 11. Creation of the Professional Regulatory Board of Medicine. - The PRBM

is created under the administrative control and supervision of the PRC. The PRBM shall be composed of a Chairperson, a Vice Chairperson and five (5) members. Each vacant position of the PRBM shall be appointed by the President of the Republic of the Philippines from a list of three (3) nominees submitted exclusively by the INPOP, as provided under Section 53 of this Act. The PRBM shall be organized not later than six (6) months from the effectivity of this Act.

SEC. 12. Powers and Duties. - The PRBM shall be vested with the following specific

powers, functions, duties and responsibilities: a) Supervise, regulate and monitor the practice of medicine in the Philippines, including telemedicine; b) Determine and evaluate qualifications of the applicants for the physician's licensure examinations, foreign applicants for special permits to practice

medicine in the Philippines, or temporary training permits for medical residency; c) Conduct the PLE, in accordance with the recognized principles of evaluation, and in consonance with the pertinent provisions of Section 21, Article IV of this Act, by performing the following acts: i. Prepare the test questions; ii. Prescribe the syllabi of the subjects and their relative weights for the licensure examinations; ili. Conduct the examination; and iv. Correct and rate the examination papers; d) Ensure that the test questions are appropriately formulated to assess the knowledge, skill, and attitude of the examinees; e) Determine, amend, or revise the coverage of the subjects in the PLE and their relative weights, and the manner of giving the examination, subject to the approval of the PRC; f) Explore and develop ways on how to measure and evaluate the clinical competence of examinees, and integrate the same into the PLE; g) Register successful examinees in the PLE in the roll of physicians and issue the corresponding certificates of registration; h) Issue special or temporary permits to foreign physicians to practice medicine for specific projects, duration of time, and place of practice; i) Administer the qualifying examinations for foreign physicians who wish to train in the Philippines for a specialty or field of practice; j) Monitor the conditions affecting the practice of medical profession, respond to emerging needs of the profession, adopt measures for the enhancement of the quality of the education and practice of medicine in coordination with the appropriate regulatory bodies; k) Monitor, in coordination with CHED, the performance of medical schools and their compliance with the rules and regulations of the MEC; 1) Promulgate rules and regulations, in coordination with INPOP, including a

Code of Ethics for Physicians, administrative policies, orders, and issuances to carry out the provisions of this Act; m) Conduct regular quality assurance programs and activities to ensure quality medical education; n) Investigate meritorious cases of violations of this Act, Code of Ethics, and the pertinent rules and regulations, administrative policies, orders and issuances which are recommended for decision by the INPOP. The rules governing administrative investigations promulgated by the PRC shall govern the conduct of such proceedings; o) Issue subpoena ad testificandum or subpoena duces tecum to secure attendance of respondents or witnesses as well as the production of documents: Provided, That failure of the party to whom a subpoena has been issued to comply therewith shall be punishable by way of indirect contempt. For this purpose, the PRBM is hereby vested the power to cite any party for contempt which may be exercised pursuant to the applicable provisions of Rule 71 of the Rules of Court; p) Conduct hearings on cases filed with the PRBM: Provided, That a majority of the members of the PRBM, with the assistance of the Legal Division of the PRC, shall conduct the hearings. A member of the PRBM shall be assigned to preside over a hearing; q) Perform the following acts, after due notice and hearing: i. Cancel examination papers or bar any examinee from future examination, or both; Refuse or defer the registration of the examinee; ili. Reprimand the registrant with stern warning; iv. Suspend the registrant from the practice of the profession; V. Revoke the certificate of registration; vi. Cancel a special or temporary permit, or a temporary training permit; vii. Remove the name of a physician from the roll of physicians on account of continuous non-payment of annual registration fees and

non-compliance with the Continuing Professional Development (CPD) requirements; viii. Reinstate or re-enroll a physician's name in the said roll; and ix. Re-issue or return the physician's certificate of registration and professional identification card. r) Administer the physician's oath; s) Institute and prosecute or cause to be instituted and prosecuted any and all criminal action against any violation of this Act or the rules and regulations of the Board, or both, subject to the provisions of Section 5, Rule 110 of the Rules of Criminal Procedure, as amended; t) Adopt an official seal; u) Coordinate with the MEC and the INPOP in prescribing, amending or revising the courses in a medical program, or both; v) Assist the PRC in the implementation of its prescribed guidelines and criteria on the CPD for registered licensed physicians; w) Set the standards and guidelines for the issuance and re-issuance of certificates of registration including compliance with the PRBM's CPD program; and x) Perform such other functions and duties as may be necessary to efficiently and effectively implement the provisions of this Act.

SEC. 13. Qualifications of the Members of the Board. - Each PRBM member at the

time of appointment must have the following qualifications: a) A natural born Filipino citizen and has been a resident of the Philippines for at least ten (10) consecutive years; b) At least forty (40) years old; c) A holder of a valid certificate of registration and a valid professional identification card as a physician; d) A medical practitioner for at least ten (10) years; e) A continuing bona fide member of the INPOP;

f) Has not been convicted by final judgment by a competent court of a criminal offense involving moral turpitude; g) Has at least eight (8) years experience as a faculty member of a college of medicine; h) Not a current member of the faculty of an institute, school or college of medicine; i) Does not have a pecuniary interest in any institution which offers and operates the course or degree of Doctor of Medicine; and j) Not connected with or has no pecuniary interest in a review center, school, group, or association offering classes or lectures in preparation for the PLE.

SEC. 14. Term of Office. - The members of the PRBM shall hold office from the

date of their appointment for a term of three (3) years or until their successors shall have been appointed and qualified. They may, however, be reappointed for another three (3) year term but not for a third three (3) year term. Appointments to fill up vacant positions for reasons other than through expiration of regular terms, shall be for the unexpired period only. Each member shall take an oath of office before the performance of the duties and responsibilities. The incumbents whose terms have not yet expired or who are merely on a holdover capacity, at the effectivity of this Act, shall be allowed to serve the unexpired portion of their terms or may be re-appointed under this Act.

SEC. 15. Compensation. - The Chairperson, Vice Chairperson and members of

the PRBM shall receive compensation and allowances or other benefits pursuant to the provisions of Republic Act No. 8981 otherwise known as the "PRC Modernization Act of 2000" and other pertinent laws, and comparable to the compensation and allowances received by the chairperson and members of existing professional regulatory boards.

SEC. 16. Suspension or Removal. - The President, upon recommendation of the

PRC after giving the member an opportunity to be heard by himself or by a counsel in a proper administrative investigation to be conducted by the PRC, may suspend or remove

any member of the PRBM on any of the following grounds: a) Neglect of duty or incompetence; b) Unprofessional, unethical or dishonorable conduct; c) Manipulation or rigging the results of any PLE, divulging of secret information or disclosure of the said examination, or tampering of the grades therein; and d) Final conviction by the court of any criminal offense involving moral turpitude.

SEC. 17. Administrative Management, Custody of Records, Secretariat and Support

Services. - The PRBM shall be under the administrative supervision and control of the PRC, with the PRC chairperson as the chief executive officer thereof. All records of the PRBM shall be under the custody of the PRC. The PRC shall designate the secretary of the PRBM and shall provide the secretariat and other support services to implement the provisions of this Act.

SEC. 18. Administrative Review and Appeal. - The policies, resolutions, rules and

regulations issued or promulgated by the PRBM shall be subject to the review, revision, and approval by the PRC. A decision of suspension, revocation of the certificate of registration, or removal from the roll by the PRBM as provided herein may be appealed to the PRC within fifteen (15) days from receipt thereof. Other orders or decisions of the PRBM may be appealed to the PRC: Provided, That in case of imminent and immediate danger to patients, the PRBM's final decisions, resolutions or orders rendered in an administrative case shall be immediately executory. ARTICLE V PHYSICIAN LICENSURE EXAMINATION

SEC. 19. Prerequisites to the Practice of Medicine. - No person shall engage in the

practice of medicine in the Philippines unless the person: a) Holds a valid certificate of registration and a valid professional identification

card issued by the PRC; b) Holds a valid special/temporary permit issued by the PRBM subject to approval by the PRC, or unless exempted by this Act from holding any of the foregoing certificates of registration; and c) Is a member of good standing of the INPOP. Any foreign doctor who intends to undergo residence or fellowship training in the practice of medicine must pass the qualifying assessment given by the PRBM.

SEC. 20. Examination Required. - All applicants for registration prior to the issuance

of certificate of registration and a professional identification card as a physician, shall be required to pass the licensure examination for physicians as provided for in this Act, and shall be subject to the payment of the fees prescribed by the PRC.

SEC. 21. Qualifications of Applicants for the Physicians Licensure Examination. -

All applicants for the PLE must possess all qualifications and none of the disqualifications hereunder set forth as follows: a) A citizen and resident of the Philippines or a citizen of a foreign country or State that observes reciprocity in the practice of medicine with the Philippines; b) Is mentally, emotionally, and physically sound with a certificate of good moral character signed by the Dean of the school where the applicant is a graduate; c) Has not been convicted by final judgment by a court of any criminal offense; and d) A holder of the degree of Doctor of Medicine (M.D.) or its equivalent for innovative curriculum conferred by a College of Medicine established in the Philippines and duly recognized by the CHED, or a degree conferred by a college of medicine abroad and accredited by the CHED as substantially equivalent to the degree of Doctor of Medicine conferred by medical schools in the Philippines; and e) Has completed a one (1)-year post graduate medical internship.

SEC. 22. Scope of Examination. - The physicians licensure examination shall cover

the following thirteen (13) individual or combined subjects with the relative weights for each: a) Anatomy and Histology; b) Physiology; c) Biochemistry and Molecular Biology; d) Pharmacology and Therapeutics; e) Microbiology and Parasitology; f) Internal Medicine; Neurology, Dermatology, Geriatric; Psychiatry and Behavioral Medicine g) General and systemic pathology, and Clinical Pathology; h) Obstetrics and Gynecology; i) Pediatrics and Nutrition; j) Surgery, Orthopedic, Anesthesiology; k) Otorhinolaryngology, Ophthalmology; 1) Family and Community Medicine, Preventive Medicine and Public Health and Health Economics; and m) Legal Medicine, Medical Jurisprudence, Medical Ethics, and Medical Informatics. In case there is need, or when circumstances require, to conform to technological advancements and other developments, the PRBM, the MEC, and the INPOP may revise the substance, format and the conduct of the examinations. Each of the thirteen (13) subjects shall have its syllabus or table of specifications for purposes of the PLE. The PRBM shall apply the table of specifications after a lapse of three (3) months reckoned from the concurrence of all the following requisites: a) Consultation with the association of medical schools; b) Approval by the PRC; c) Publication of the PRBM resolution in a newspaper of general circulation; and d) Dissemination to all medical schools.

SEC. 23.

Venue and Schedule of Examinations. - The PRBM shall administer

examinations for the registration of physicians at least twice a year in such places as the PRC may designate in accordance with the provisions of Republic Act No. 8981. However, in case of a public health emergency, disaster or calamity, whether natural or human induced, the PRBM may postpone such examinations to a later date. An applicant may be allowed to take the examinations in two (2) parts. The first part shall consist of questions from Basic Medicine which are from subjects of the first and second year in medicine proper, and the rest may be taken up in the second part: Provided, That the two-part examinations must be taken in one (1) and the same year.

SEC. 24. Rating in the Examination. - To pass the PLE, an examinee must obtain

a general average rating of at least seventy-five percent (75%) in all thirteen (13) subjects: Provided, That there is no rating obtained in any subject below fifty percent (50%).

SEC. 25. Report and Publication of the Results of Examination. - The PRBM shall

report the rating of each examinee to the PRC within ten (10) days from the last day of examination or any other period granted by the PRC. The official results of the 18 examination containing the list of topnotcher examinees indicating their respective 19 schools or colleges and the names of the schools or colleges obtaining top percentage of successful examinees shall be published by the PRC. The report of rating of every examinee shall be mailed to the examinee's given address, using the examinee's mailing envelope submitted during the examination.

SEC. 26. Oath. - All successful examinees shall be required to take the physician's

oath before the PRBM or any person authorized by the PRC to administer it before they are issued their certificates of registration and professional identification cards, or before they start the practice of the medical profession.

SEC. 27. Registration, Issuance of Certificate of Registration and Professional

Identification Card; Integrated National Professional Organization of Physicians (INPOP)

Membership; Non-registration and Grounds Thereof. - All successful examinees, upon 2 compliance with all legal requirements and payment of fees prescribed by the PRC, shall be registered and issued certificates of registration and professional identification cards. They shall likewise be deemed members of the INPOP upon compliance with all requirements and payment of compulsory dues. Upon presentation of their certificates of registration and professional identification cards, they shall be issued a separate INPOP Membership card. The certificate of registration of a physician shall bear the registration number and 9 the date of issuance and the signatures of the chairperson of the PRC and the members of the PRBM stamped with the seals of the PRC and the PRBM, certifying that the name of the person stated therein appears in the Roll of Physicians under the custody of the PRC; that the person has complied with all the legal requirements for registration as a physician; and that the person is entitled to exercise all the privileges appurtenant to the practice of medical profession: Provided, That the person does not violate this Act, the rules and regulations issued to implement it, the Code of Ethics for Physicians, and other regulatory issuances and policies of the PRC and PRBM. The professional identification card shall bear the name of the registered licensed physician, the registration number, the date of issuance, and the date of the expiration of the license. Together with the membership identification card issued by the INPOP, the physician is deemed qualified to practice medicine in the Philippines. Updating of practice information such as location, affiliation, and field of practice and specialization shall be required for renewal of the PRC-ID and INPOP-ID. A successful examinee who has been finally convicted by a competent court of a criminal offense, or found guilty by the PRBM of dishonorable or immoral conduct, or declared by a court to be of unsound mind, shall not be registered. The decision of the PRBM finding the examinee guilty of dishonorable or immoral conduct may be appealed to the PRC within fifteen (15) days from receipt of the PRBM's decision or resolution, and to the Court of Appeals within the same period from the receipt of the decision or resolution of the PRC. The facts and the reasons for refusal to register shall be clearly stated in writing, communicated to the examinee, and duly incorporated in the records

of the PRC. ARTICLE VI THE POST-GRADUATE MEDICAL EDUCATION COUNCIL

SEC. 28. Creation of the Post-Graduate Medical Education Council. - The PGMEC

is created under the administrative supervision of the PRBM. The PGMEC shall consist of a core group and medical practice groups. The core group shall be headed by the incumbent chair of the PRBM or its duly authorized representative, and shall have the following as members: a) Chairperson of the Civil Service Commission (CSC), or a duly authorized representative; b) Secretary of the DOH, or a duly authorized representative; c) Secretary of the Department of Labor and Employment (DOLE), or a duly authorized representative; d) Chairperson of the MEC, or a duly authorized representative; e) A permanent representative of the INPOP; f) A permanent representative of the association of medical colleges; g) A permanent representative of the public hospital association; and h) A permanent representative of the private hospital association. Permanent representatives of medical schools and hospitals associations shall be nominated by representatives of government agencies in the PGMEC: Provided, That the CHED shall appoint the permanent representative of medical schools, and the DOH for the hospital association: Provided, further, That the appointment shall be for a term of three (3) years and may be renewed upon renomination and reappointment. The members of the PGMEC may designate their permanent representatives to meetings who shall have a rank not lower than an undersecretary or its equivalent, and shall receive emoluments as may be determined by the PGMEC in accordance with existing budget and accounting rules and regulations. The medical practice groups shall be constituted for each medical field or discipline previously identified by the PRBM through a resolution with a minimum of three (3) and

maximum of six (6) members. Each group shall be composed solely of physicians who are licensed to practice in the Philippines and actively engaged in the practice of the same medical field or discipline. The members of the medical practice groups shall be appointed by the INPOP for a term of three (3) years: Provided, That, no member shall serve for more than three (3) consecutive terms. The INPOP shall promulgate the nomination process for all members of the medical practice groups which shall indicate a clear set of qualifications and credentials for each field or discipline as respectively recommended by the sectors concerned. A total of three (3) Committees shall be created where the members of the core group shall permanently sit. The members appointed to the medical practice groups in each medical field or discipline shall sit with the committees in equal distribution in order to assist the PGMEC in carrying out its functions in their respective medical field or discipline: a) Committee on Accreditation - It shall be responsible for accrediting post- graduate medical education and training and developing standards for approval of the PGMEC; b) Committee on Training and Certification - It shall determine whether doctors and allied health professionals have satisfactorily completed post-graduate medical education and training and shall issue the certificate of completion of training to examinees who pass the certifying examination; and c) Committee on Policies, Standards and Ethics - It shall formulate standards of post-graduate medical education and training programs, policies on compensation and benefits and working conditions of medical residents and other policies related to the scope and practice of medical residency. It shall handle complaints of medical residents and patients and submit recommendations to the PRBM for approval and action regarding complaints filed. It shall also screen foreign graduates of medicine who would like to undergo residency training in the country. The PGMEC shall create other committees and sub-committees as may be deemed

necessary in the accomplishment of its duties and functions. The PRC shall provide a Secretariat for the PGMEC to be composed of both technical and administrative staff. The Secretariat shall coordinate the activities of the different committees and provide technical and administrative support in the efficient and effective coordination of programs, projects and activities among the different committees of the PGMEC. The members of the PGMEC shall perform their duties as such without compensation or remuneration, but may receive reasonable per diem allowances as approved by the PRBM and subject to existing rules and regulations of the DBM. Members thereof who are not government officials or employees shall be entitled to necessary travelling expenses, per diem and representation allowances chargeable against the funds of the PRC, subject to existing rules and regulations of the DBM. The members of the PGMEC shall receive an honorarium chargeable against the funds of the PRC, and in accordance with existing policies.

SEC. 29. Powers and Functions. - The PGMEC shall ensure the quality of post

17 graduate medical education and training for all disciplines, specialties, and sub- 18 specialties of medical residents and provide policies that will promote humane working 19 conditions and better compensation for medical residents. Moreover, the PGMEC shall be tasked to ensure that the post graduate medical education and training of doctors shall be responsive to the current health service needs of the population. In particular, it shall perform the following functions: a) Set the standards of post graduate medical education and training; b) Ensure that the standards set for post graduate medical education and training are at par with international standards; c) Accredit post graduate medical education or training programs; d) Determine whether doctors and allied health professionals who have undergone post graduate medical education and training have satisfactorily completed the training; e) Issue the corresponding certificates to residents who have satisfactorily

completed the post graduate medical education and training in either government or private hospitals and have passed the certifying examinations conducted by the Committee on Training and Certification; f) Screen foreign graduates of medicine who will undergo post graduate medical education and training in the country and assess the equivalence of their basic medical education to the standard curriculum prescribed in Philippine schools of medicines; g) Work for the provision of better compensation and benefits and humane working conditions for residents, in consultation with appropriate agencies; h) Receive and act on complaints of residents against post-graduate training institutions as well as complaints of patients against residents; i) Ensure that post graduate medical education and training will always be responsive to the health needs of the population; Maintain a registry or database of residents, including foreigners with temporary training permits and Filipino doctors training or specializing overseas and accredited post graduate medical education and training programs; k) Monitor and evaluate post graduate medical education and training programs regularly; I) Prescribe remedial measures to improve deficient post graduate medical education and training programs; and m) Seek or request the assistance and support of any government agency, office or instrumentality including government-owned or controlled corporations, local government units, as well as non-governmental organizations or institutions in pursuance of its functions.

SEC. 30. Accreditation of post-graduate medical education and training programs.

- Post-graduate medical education and training programs shall only be conducted in accredited post-graduate training institutions. The PGMEC shall be the only recognized organization that shall have full authority over post-graduate medical education and

training programs. Upon approval of the implementing rules and regulations of this Act, a period of one year shall be given to allow time for the transfer of accreditation from the different specialty and sub-specialty societies to the Committee on Accreditation of the PGMEC. Furthermore, certificates shall be issued by PGMEC to doctors who have obtained their training and certification prior to the passage of this Act upon submission of certificates issued by different specialty or sub-specialty societies.

SEC. 31. Training Curriculum of Post-graduate Medical Education Programs. - The

training officers or their equivalent shall prepare a training curriculum that shall meet the standards to be set by the Committee on Policies, Standards and Ethics (CPSE) of the PGMEC. The training curriculum shall be at par with international standards and shall be responsive to the health needs of the population. The CPSE shall be given one (1) year from the time of its creation to prepare uniform standards of post-graduate medical education programs.

SEC. 32. Qualifications of Applicants to Post-Graduate Medical Education and

Training Programs. - The following shall be the minimum qualifications of applicants to post-graduate medical education programs: a) Passing score in the licensure examination; b) No previous criminal conviction and/or administrative liability; and c) Clearance by the Board for foreign graduates of medicine The Board shall set such other qualifications that it may deem necessary.

SEC. 33. General Conditions for the Post-graduate Medical Education and Training

of Foreign Medical Graduates. - The following general conditions shall be applied to foreign graduates of medicine who undergo medical residency training in the Philippines: a) Accredited residency training programs shall be allowed to accept foreign medical graduates in cases wherein no Filipino physicians are applying for the same vacancy. Filipino physicians shall be given the first priority in filling up vacancy for medical residents;

b) Foreign graduates of medicine shall secure a clearance from the PRBM before applying with any accredited residency training program; c) Foreign medical graduates shall undergo basic language course in Filipino or the dialect, or both, that is used in the locality where the accredited institution is located before commencing medical residency. A certificate of proficiency in Filipino and the dialect of the locality shall be obtained by the foreign graduate of medicine from a CHED-accredited state university or tertiary education institution located in the locality where the foreign graduate in medicine wishes to undergo post graduate medical education or training before the PRBM may issue a clearance. For accredited institutions located in areas wherein Filipino is the language used by the majority, proficiency in a dialect shall no longer be required; d) Foreign graduates of medicine shall be required to undergo a seminar on Philippine history, culture and government as well as the Philippine health care delivery system prior to the commencement of post graduate medical education or training; and e) Foreign graduates of medicine must have no previous criminal conviction or administrative liability in the Philippines and their country of origin.

SEC. 34. Working Conditions of Residents. - The following shall be strictly observed

by all accredited post-graduate medical education or training institutions: a) No resident shall be allowed to go on duty for more than twenty-four (24) hours straight, except in extraordinary cases to be determined by the hospital administrator; b) Residents shall be entitled to at least one day off from hospital duty every week; c) Residents shall be given standard quarters in the hospital where they can stay during their tour of duty; d) Residents shall only perform those functions that are related to their post graduate medical education or training. Their superiors are hereby prohibited

from issuing orders that are not related to the training of residents or are demeaning to a resident's dignity as a person. The PGMEC shall receive and investigate complaints of this nature from residents; e) Residents are entitled to adequate periods for meal breaks and personal care during their tour of duty; f) Residents shall be supervised by their superior at all times especially when performing critical procedures on patients. In the case of junior residents, the senior resident or consultant shall always be available for supervision and assistance, and in the case of senior residents, their consultants; and g) Residents shall be treated equally. No resident shall be discriminated because of gender, race, ethnicity or religion.

SEC. 35. Salary and Other Benefits. - The salary grade of all doctors in government

hospitals and clinics shall not be lower than Salary Grade 22 in the position classification and compensation system under Republic Act No 6758, entitled "An Act Prescribing a Revised Compensation Position Classification System in the Government and for Other Purposes, as Amended". They shall be entitled to overtime pay and night differential pay for services rendered beyond eight (8) hours, or for services rendered beyond ten o'clock in the evening to six o'clock in the morning. Hazard pay shall be given as stipulated in Republic Act No. 7305, otherwise known as the "Magna Carta for Public Health Workers", for residents of public hospitals.

SEC. 36. Professional Conduct of Residents. - A resident shall observe the following

professional conduct at all times: a) Uphold the dignity, privacy, and rights of the patient; b) Perform assigned functions with utmost diligence especially those related to care of patients so as not to inflict any harm on the patient; c) Refrain from engaging in unacceptable practices such as: 1) Receiving any form of payment from their patients; 2) Accepting commission from laboratories, diagnostic facilities, pharmacies

for referring patients to these facilities; 3) Obtaining excess and unused medicines, drugs and other materials from patients or the supply source, without proper permission; 4) Selling medicines, drugs and other materials to patients or the patient's relatives; 5) Selling free samples of drugs or other medicines; and 6) Receiving money or any form of incentives from any pharmaceutical company for prescribing their brand of drugs, medicines and other materials; d) Treat superiors, subordinates, co-workers and patient's relatives with utmost respect; e) Observe the provisions of Republic Act 6675, otherwise known as the "Generics Act of 1988", and Republic Act 9502, otherwise known as the "Cheaper and Quality Medicines Act of 2008"; and f) Render full time service to the hospital where the resident is employed. The resident shall not engage in any part-time job outside the hospital.

SEC. 37. Responsibilities of Accredited Post-Graduate Medical Education/Training

Institutions. - In addition to the enforcement of the provisions of Section 34 of this Act, accredited post graduate medical education and training institutions shall have the following responsibilities: a) Submit regularly the names of residents undergoing training in their institution and such other relevant information to the PRBM; b) Provide the necessary logistics, equipment, and other medical supplies to residents while undergoing post graduate medical education and training; and c) Conduct of periodic evaluation of competencies acquired by residents per year level.

SEC. 38. Grievance System. - A grievance system is hereby established wherein

any aggrieved party may seek redress in accordance with the following rules and

procedures: a) A complaint must be filed with the CPSE. The CPSE shall rule on the complaint through a notice of resolution within sixty (60) calendar days from receipt thereof; b) An appeal from the decision of the CPSE must be filed with the PGMEC within thirty (30) calendar days from receipt of the notice of resolution; c) The PGMEC shall promptly and expeditiously issue its decision or resolution on each appeal or grievance within sixty (60) days from the date it is submitted to it for determination; and d) Non-observance of the periods set forth in this Section shall subject the responsible officer or employee to the penalties prescribed under Section 40 of this Act. All parties shall keep the proceedings confidential during the pendency of the case before the Committee.

SEC. 39. Hearing Procedures of the CPSE. - Upon the filing of the complaint, the

CPSE, after consideration of the allegations thereof, may dismiss the case outrightly due to lack of verification, or for failure to state the cause of action, or any other valid ground for the dismissal of the complaint after consultation with the PGMEC, or require the respondent to file a verified answer within five (5) days from service of summons. In case the respondent fails to answer the complaint within the reglementary five- day period herein provided, the CPSE, motu proprio or upon motion of the complainant, render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. After an answer is filed and the issues are joined, the CPSE shall require the parties to submit, within ten (10) days from receipt of the order, the affidavits of witnesses and other evidence on the factual issues defined therein, together with a brief statement of their positions setting forth the law and the facts relied upon by them. In the event that the CPSE finds, upon consideration of the pleadings, the affidavits and other evidence, and position statements submitted by the parties, that a judgment may be rendered

thereon without need of a formal hearing, it may proceed to render judgment not later 2 than ten (10) days from the submission of the position statements of the parties. In cases where the CPSE deems it necessary to hold a hearing to clarify specific factual matters before rendering judgment, it shall set the case for hearing. At such hearing, the proponent may conduct a direct examination of witnesses on the basis of their affidavits and may be cross-examined by the adverse party. The order setting the case for hearing shall specify the witnesses who will be called to testify, and the matters which their examination will pertain to. The hearing shall be terminated within fifteen 9 (15) days, and the case decided upon by the CPSE within fifteen (15) days from such termination. The decision of the CPSE shall become final and executory fifteen (15) days after notice thereof: Provided, That the same may be appealable to the PGMEC within thirty (30) days from receipt of the copy of the judgment appealed from. An appellee shall be given fifteen (15) days from notice to file a memorandum after which the PGMEC shall decide on the appeal within sixty (60) days from the submission of the said pleadings. The decision of the PGMEC shall also become final and executory fifteen (15) days after notice thereof: Provided, That the same may be reviewed by the Supreme Court on purely questions of law in accordance with the Rules of Court. The CPSE and the PGMEC, in the exercise of their quasi-judicial functions can administer oaths, certify to official acts, and issue (a) subpoena to compel the attendance and testimony of witnesses, and (b) subpoena duces tecum and ad testificandum to enjoin the production of books, papers and other records and to testify therein on any question arising out of this Act. Any case of contumacy shall be dealt with in accordance with the provisions of the Revised Administrative Code and the Rules of Court. The PGMEC or the CPSE, as the case may be, shall prescribe the necessary administrative sanctions. In all its proceedings, the PGMEC or the CPSE shall not be bound by the technical rules of evidence: Provided, finally, That the Rules of Court shall apply with suppletory effect.

SEC. 40. Violations. - Any accredited residency training institution or any of its

resident, or both that have been found violating any provisions of this Act shall have the following penalties: a) First Offense - reprimand; Second Offense - suspension with duration depending on the gravity of the offense but not exceeding six (6) months; c) Third Offense - revocation of the accreditation of the training institution, and in the case of a resident on post-graduate training, non-issuance of a certificate of completion of post graduate medical education or training by the PGMEC and removal from the residency training program. ARTICLE VII REGULATION OF THE PRACTICE OF THE MEDICAL PROFESSION

SEC. 41. Acts Constituting the Practice of Medicine. - The following are acts

constituting the practice of medicine: a) History taking and physically examining any person for any disease, injury and deformity, or diagnosing, treating, operating, prescribing, or dispensing any remedy therefor; b) History taking and physical examination through submission of photographs and videos or any communication through telecommunication or electronic means for any disease, injury and deformity, and diagnosing and prescribing or dispensing any remedy therefor through electronic means or telemedicine; c) Examining a person's mental condition for any ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed, or recommended; d) Offering or undertaking to diagnose, treat, operate or prescribe, and administer any remedy for any human disease, injury, deformity, physical or mental condition, either personally or by means of signs, cards or advertisements by way of mass media or any other means of communication; e) Using or affixing "M.D." to the physician's name in written or oral

communications. Unless specified, the letters "M.D." shall mean Doctor of Medicine, provided that only those who have passed the physician's licensure examination are allowed to use the title "M.D."; and f) Conducting formal medical classes in medical schools, seminars, lectures, symposia and the like.

SEC. 42. Scope of Medical Practice. - The scope of the practice of medicine are the

following: a) The application of medical knowledge, skill, and judgment for the promotion of good health; b) The prevention and treatment of physical, mental, or psycho-social diseases, disorders, injuries, and conditions; and c) The assessment and management of a physical, mental, or psycho-social disease, disorder, injury or condition of an individual or group of individuals at any stage of the biological life cycle, including the prenatal and postmortem periods delivered either in clinical or non-clinical settings. The practice of medicine also covers the following: a) Clinical Practice of Medicine 1) Refers to the professional practice of a General Physician who has completed basic medical education and medical internship, has obtained a PRC license, and is without or has not completed any formal post-graduate medical education and training as defined in this Act. A General Physician or a Specialist may be a Primary Care Provider as long as the defined competencies in Primary Care as certified by the DOH, as provided for in Republic Act 11223 or the "Universal Health Care Act", are obtained. 2) Limited Specialty Care Practice refers to the clinical practice of a General Physician with additional credentials to independently provide particular emergency and essential healthcare services in locations where specialist physicians are unavailable or inaccessible, obtained after undergoing the necessary qualifications and training as may be determined by the respective

PRBM-recognized professional specialty organization or board and monitored regularly by the same. 3) Specialty Medical Practice refers to the professional practice of a Specialist Physician who is a licensed physician and has completed additional formal post-graduate medical education or training in a distinct clinical medical discipline focused on a defined group of patients, diseases, skills, or philosophy and has been certified by the PGMEC Committee on Training and Certification. The scope of specialty medical practice refers to the diagnosis and management of specific conditions as defined by the PGMEC. b) Non-Clinical Practice of Medicine 1) Refers to the practice of the profession wherein the physician is engaged in the application of medical knowledge in the fields of health research, basic medical education, public health and health systems, health communications, healthcare industry and administration among others.

SEC. 43. Exceptions. - For purposes of this Act, the following shall not be

considered as engaging in the practice of medicine: Provided, That they are attending to patients under the direct supervision and control, and under presence of a duly licensed physician. a) Medical students and clinical clerks, and interns attending to patients; b) Foreigners who intend to undergo or are undergoing post graduate medical education and training or otherwise under training shall obtain the required special permit from the PRC; c) Any non-medical person trained, certified, licensed to carry out specific interventions in emergency situations to save lives and prevent injury according to the level of competence determined by their training and certifying examinations; d) Non-medical educators who have attained a master's or a doctoral degree on a specific field in the basic sciences in the medical field; and e) Practitioners of Traditional and Complementary Medicine Modalities or systems

who are regulated by the Philippine Institute of Traditional and Alternative Health Care (PITAHC).

SEC. 44. Reciprocity. - A foreigner may be allowed to practice medicine in the

Philippines without having to undergo the physicians' licensure examination, if and when, the country of which the foreigner is a citizen allows Filipino citizens to practice medicine under the same conditions such as the following: a) The country of which the foreigner is a citizen, imposes the same academic and training requirements for its citizens to be able to practice medicine; b) There is a reciprocity agreement, executive agreement or international agreement, or treaty to this effect, signed by both the government of the Philippines and the country of which the foreigner is a citizen; and c) The foreigner must show documents equivalent to the PRC ID or Certificate of Registration attesting that the foreign country's regulatory boards of medicine have allowed the foreigner to practice the medical profession.

SEC. 45. Special Permits to Practice Medicine in the Philippines. - In the absence

of a reciprocity agreement, executive agreement, international agreement, or treaty, a foreigner may be allowed to practice medicine in the Philippines subject to the following conditions: a) The foreigner must obtain a special permit from the PRC; b) The special permit shall specify the purpose, limitations, place of practice, and such other conditions as may be imposed by the PRC such as: 1) A period of not more than one (1) year, subject to renewal or extension: Provided, That the renewal or extension shall be under the same process and requirements as hereinabove described; 2) The specific area of medical specialization; 3) The specific place of practice, such as clinic, hospital, center, medical school as the case may be; c) Payment of the required fees; and

d) Undertaking that the foreigner shall conduct oneself according to the Code of Ethics of Medical Practice in the Philippines. The PRC may issue a special permit to a foreigner not covered by any reciprocity agreement or treaty required under Section 45 hereof under the following guidelines: 1) Physicians who are citizens of and licensed in foreign countries whose services are for free: Provided, That a reasonable honorarium may be allowed for daily subsistence during the stay or service in the Philippines; 2) Physicians who are internationally well-known specialists or publicly acknowledged as experts in any area of medical specialization; 3) Physicians of foreign countries whose services are urgently necessary, owing to the lack of available local specialists or experts, or for the promotion or advancement of the practice of medicine including, the conduct of formal classes or training, and acting as resource persons in medical seminars, fora, and symposia; 4) Physicians licensed in foreign countries who intend to render free medical services to indigent patients in a particular Philippine hospital, center or clinic: Provided, That they render such services under the direct supervision and control of a duly licensed Filipino physician; and 5) Physicians licensed in foreign countries employed as exchange professors in any area of medical specialization.

SEC. 46. Administrative Investigation and Disciplinary Actions. - The PRBM shall

have the power, upon proper notice and hearing, after finding of guilt, to suspend from the practice of profession or revoke the certificate of registration of a physician, or issue a reprimand or cancel the special or temporary permit or temporary training permit issued to a foreign physician for any of the following grounds or causes: a) Final conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude; b) Immoral or dishonorable conduct; c) Mental incapacity;

d) Fraud in the acquisition of the certificate of registration and the professional identification card or temporary or special permit or temporary training permit; e) Gross negligence, ignorance or incompetence in the practice of the profession, resulting in an injury to or death of the patient; f) Addiction to alcoholic beverages, any habit-forming drug, or any form of illegal gambling, rendering the foreigner incompetent to practice the profession; g) Making or causing to be made false, misleading, extravagant or unethical advertisements or making or causing to be made advertisements wherein things other than the name, profession, limitation of practice, clinic hours, office and home address are mentioned; h) Issuance of any false statement or spreading any false news or rumor which is derogatory to the character and reputation of another physician without justifiable motive; i) Knowingly issuing any false medical certificates or findings or making any fraudulent claims with government or private health insurance; j) Performance of, or aiding in, any criminal abortion; k) Allowing one's self as the dummy physician or as tool of any person who is unqualified or unlicensed to practice general or specialty medicine, except in aid of training of a medical student or resident physician: Provided, That this provision shall not apply when an act constituting the practice of general or specialty medicine is performed in an accredited hospital, clinic, or medical center or by an accredited practitioner. A dummy physician is one who makes it appear to be the person who has actually treated a patient when in fact it was another person, and on the basis of which, accepted a professional fee; Abetting or assisting in the illegal practice by a person who is not lawfully qualified to practice medicine, either general or specialty medicine; m) Using or advertising any title or description tending to convey the impression to the general public that one is a specialist in a medical field when in fact one is not; n) Practicing the profession during the period of one's suspension or during the

period one's license is revoked; o) Willful failure or refusal to be a member of good standing of the INPOP; and p) Violation of any provision of the Code of Ethics for Physicians as prescribed by the INPOP, subject to approval by the PRC.

SEC. 47. Rights of the Parties. - The private complainant and the respondent

physician shall be entitled the right to be heard and the assistance of a counsel, to have a speedy, impartial public hearing, to confront and to meet the witnesses, to compulsory processes to secure the attendance of witnesses, the production of evidence, and to all other rights guaranteed by the Constitution and the Rules of Court. All cases filed or pending under this Act, except those filed or pending in courts and other quasi-judicial and investigative bodies, shall not be discussed or taken up in any other forum until after the same shall have been decided with finality.

SEC. 48. Appeal from Judgment. - The decision of the PRC shall become final fifteen

(15) days from the date of receipt of such decision by the parties or their counsel. Within the same period, the aggrieved party may ask for a reconsideration of the decision for being contrary to law or for insufficiency of evidence. No second motion for reconsideration to the PRBM shall be allowed. A decision of suspension, revocation of the certificate of registration or removal from the roll of physicians by the PRBM as provided herein may be appealed to the PRC within fifteen (15) days from receipt thereof.

SEC. 49. Re-issuance of Revoked Certificate of Registration and Professional

Identification Card, and Replacement of Lost Certificate of Registration and Identification 26 Card. - After two (2) years, the PRBM may order the reinstatement of any physician whose certificate of registration has been revoked if the respondent has shown or has acted in an exemplary manner in the community. A new certificate of registration or professional identification card may then be issued, subject to the rules imposed by the PRC.

SEC. 50. Mandatory Use of Certificate of Registration, Professional and Integrated

National Professional Organization of Physicians (INPOP) Membership Card and Professional Tax Receipt Number. - A registered physician shall indicate the certificate of registration number, the number and the expiry date of the professional identification card and INPOP membership card, and the Professional Tax Receipt number on the prescription and other documents used or issued in connection with the practice of profession.

SEC. 51. Vested Rights. - All physicians registered at the time this Act takes effect

shall be automatically registered under the provisions hereof, without prejudice to their compliance with other requirements herein set forth. All physicians whose names appear at the roll of physicians at the time of the effectivity of this Act shall automatically be registered by the PRBM and the PRC as physicians and, thereafter, by the INPOP as its bona fide members pursuant to Section 27 of this Act. ARTICLE VIII INTEGRATED PHYSICIANS ASSOCIATION OF THE PHILIPPINES

SEC. 52. Integration of the Profession. - The profession shall be integrated into

one (1) Integrated National Professional Organization of Physicians (INPOP) to be duly recognized by the PRBM and the PRC. A physician duly registered and licensed by the PRBM and the PRC shall automatically become a member of the INPOP and shall receive the benefits and privileges appurtenant thereto upon payment of the required reasonable fees and dues. Membership in the INPOP shall not be a bar to membership in any other association of physicians. Within six (6) months from the enactment of this law, there shall be created a Commission on Medical Profession Integration (CMPI) headed by the PRC Chairperson or a duly authorized representative, and representatives from existing medical associations as members, which shall supervise and oversee the integration of the medical profession into one national professional organization of Physicians, the creation

of its constitution and by-laws and election of officers. The CMPI shall cease to exist upon the establishment of the INPOP.

SEC. 53. Investigative and recommendatory power of the Integrated National

Professional Organization of Physicians. - The INPOP shall have the power to investigate violations of this Act, Code of Ethics, and the pertinent rules and regulations, administrative policies, orders, and issuances. The rules on administrative investigation promulgated by the INPOP shall govern in such proceeding. If the complaint appears to be meritorious, the organization shall issue a recommendation and initiate proper charges against erring physicians before the PRBM. If the complaint does not merit action, or if the answer shows to the satisfaction of the organization that the complaint is not meritorious, the same may be dismissed upon their recommendation. The PRBM may review the case motu proprio or upon timely appeal of the complainant filed within fifteen (15) days from notice of the dismissal of the complainant.

SEC. 54. Mandatory Continuing Professional Development. - The PRBM shall

implement a mandatory continuing professional development for physicians consistent with the guidelines of the Continuing Professional Development (CPD) as shall hereafter be promulgated by the PRC. ARTICLE IX PENAL PROVISIONS

SEC. 55. Penalties. - The penalty of imprisonment of not less than one (1) year but

not exceeding five (5) years, or a fine of not less than Two hundred thousand pesos (Php 200,000.00) but not exceeding Five hundred thousand pesos (Php 500,000.00), or both, upon the discretion of the court, shall be imposed upon: a) Any person who practices or offers to practice medicine in the Philippines without a valid certificate of registration and a valid professional identification card, or a valid temporary/special permit or temporary training permit in

accordance with the provisions of this Act; b) Any person using or attempting to use as one's own the certificate of registration or professional identification card or temporary/special permit or temporary training permit duly issued to another; c) Any person who shall give any false or forged documents, credentials and any other proof of any kind to the PRBM or PRC in order to obtain a certificate of registration or professional identification card or temporary/special permit or temporary training permit; d) Any person who shall falsely present oneself as a bona fide registrant with like or different name; e) Any person who shall attempt to use a revoked or suspended certificate of registration or a cancelled or expired temporary/special permit; f) Any person who shall use or advertise any title or description tending to convey the impression to the general public that one is a registered and licensed physician or specialist when in fact one is not; and g) When any of the acts defined in paragraphs (a) and (e) of this section is committed by a person against three (3) or more persons, or when any of such acts is committed by at least three (3) persons who conspire with one another, or when death occurs as result of the commission of the prohibited act mentioned in paragraph (k) of Section 46 of this Act, the offense shall be considered as a qualified offense and shall be punished by life imprisonment and a fine of not less than Five Hundred Thousand Pesos (Php 500,000.00) but not more than two (2) Million pesos (Php 2,000,000.00). Prosecution of offense under this Act shall be without prejudice to a separate prosecution under the provisions of the Revised Penal Code and other laws.

SEC. 56. Medical malpractice. - Any physician who recklessly fails to meet the

standards demanded by the profession, or grossly deviates from the standard of care, and causes injury to the patient, which would have been a felony had it been intentional, shall be guilty of medical malpractice and be punishable by a fine ranging from One

hundred thousand pesos (Php 100,000.00) to Two hundred thousand pesos (Php 200,000.00), or imprisonment of three (3) months to six (6) months upon the discretion of the court, or both. If malpractice results in permanent disability or irreversible injury, the violators shall be liable with a fine ranging from Two hundred thousand pesos (Php 200,000.00) to Five hundred thousand pesos (Php 500,000.00), or six (6) months to one (1) year imprisonment, or both, upon the discretion of the court. If the malpractice results in death, the penalty shall be a fine ranging from Five hundred thousand pesos (Php 500,000.00) to Two million pesos (Php 2,000,000.00), or two (2) to five (5) years imprisonment, or both, and revocation of license upon the discretion of the court. This is without prejudice to the filing of appropriate civil action for damages by the offended party before the courts of competent jurisdiction.

SEC. 57. Cease and Desist Order. - Upon written motion by any interested party

and after notice and hearing, the PRBM may issue a cease-and-desist order to a person not authorized to practice medicine. However, if it is shown in the affidavit/s attached to the motion that the movant or the general public will suffer grave injustice or irreparable injury, the Chairperson of the PRBM, or upon the Chairperson's absence, any PRBM member holding office, may issue within seventy-two (72) hours the cease-and-desist order. The Rules of the Court is suppletory for this purpose. The PRBM and PRC shall file an appropriate case for contempt of court against any person who fails or refuses to obey the cease-and-desist order. ARTICLE X MISCELLANEOUS PROVISIONS

SEC. 58. Annual Report. - The PRBM shall, on or before the end of January of the

year following the enactment of this Act, and every year thereafter, submit to the PRC its annual report of accomplishments on programs, projects and activities for the calendar year together with its appropriate recommendations on issues or problems

affecting the practice of medicine.

SEC. 59. Appropriations. - The amount necessary to carry out the provisions of

this Act shall be included in the annual General Appropriations Act.

SEC. 60. Implementing Rules and Regulations. - Within ninety (90) days after the

approval of this Act, the CHED and PRC, in consultation and coordination with appropriate government agencies, representatives from the private sector, and other stakeholders, shall promulgate the necessary implementing rules and regulations for the effective implementation of this Act.

SEC. 61. Transitory Provisions. - The incumbent Board of Medicine shall continue

to function in the interim until such time as the PRBM shall have been constituted pursuant to this Act.

SEC. 62. Separability Clause. - If any part or provision of this Act is held invalid or

unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 63. Repealing Clause. - The following laws and decree are hereby repealed:

a) Republic Act No. 2382, otherwise known as the "Medical Act of 1959"; b) Republic Act No. 1243, otherwise known as the law on the "Tenure of Office of Hospital Residents in Government Training Hospitals under DOH"; c) Republic Act No. 2251, amending Section 1 of Republic Act no. 1243, or the "Tenure of Office of Hospital Residents in Government Training Hospitals under the DOH"; d) Republic Act No. 5901, otherwise known as "Forty Hours a Week of Labor for Government and Private Hospitals or Clinic Personnel"; and e) Presidential Decree No. 1424, otherwise known as the "Hospital Residency Law".

All other laws, decrees, executive orders and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded, or repealed accordingly.

SEC. 64. Effectivity. - This Act shall take effect fifteen (15) days following its

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