Philippine Physical Therapy Law

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 AIO:35 SENATE ROC2 --- S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT REGULATING THE REGISTRATION, LICENSURE, AND PRACTICE OF PHYSICAL THERAPY, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Republic Act No. 5680 or the "Physical and Occupational Therapy Law" was signed into law on June 21, 1960. On March 11, 2019, Republic Act No. 11241 or the "Philippine Occupational Therapy Law of 2018" was enacted to amend RA 5680. The amendment created a separate Professional Regulatory Board (PRB) for Occupational Therapy and provided clear and distinct regulations for the practice of the said profession. However, it left the practice of Physical Therapy (PT) operating by virtue of RA 5680. Hence, there is a need to enact a law that will regulate the practice of PT as a distinct profession. Such initiative is supported by the Professional Regulation Commission (PRC). In its position paper submitted to the Committee on Civil Service, Government Reorganization and Professional Regulation in the 18th Congress, the PRC expressed its support for the passage of the said law and stated that, "it cannot be denied that the physical and occupational therapy professions are distinct from each other not only in terms of their scopes of practice but also in their academic preparations,

subjects in the licensure examination, their professional organizations, ethical and technical standards of practice, to cite a few." PRC emphasized the need for this bill by stating that, "The practice of physical therapy has evolved dramatically over the years which makes it indispensable to update as well the very law that governs the profession." Physical therapy remains to be an important sector in the allied health professions. Based on the records of the PRC as of November 21, 2021, there are 33,710 registered Physical Therapists. The "Philippine Physical Therapy Law" will provide for the new professional regulatory law and a separate Professional Regulatory Board for Physical Therapy. It seeks to provide a clearer structure for the separate PRB of OT and PT, as well as regulations on the practice of PT as a profession independent and distinct from OT. Similar to other PRLs, it creates the PRB for PT, provides for guidelines in licensure examination and registration of professionals, defines the scope of practice of the PT profession, and provides penalties for violators of the law. The Department of Health (DOH) likewise expressed its support for the passage of this bill as contained in its position paper submitted to the Committee on Civil Service in the 18th Congress, "There is an increasing unmet need for therapy and rehabilitation particularly in low-middle income countries where the capacity to provide such services is limited or non-existent. Advancements in the healthcare system enable a greater number of individuals with congenital defects and disabilities to survive. In order to support these individuals in becoming independent and economically active, the State must foster the development of rehabilitation and therapy services across the Philippines. As we strengthen the primary healthcare systems in pursuit of the Universal Health Care, health service delivery must be made more accessible in the community level."

In view of the foregoing, the immediate approval of this measure is earnestly sought. JINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session Ml. 14 NO:35 SENATE S. No. 472 Introduced by Senator Jinggoy Ejercito Estrada AN ACT REGULATING THE REGISTRATION, LICENSURE, AND PRACTICE OF PHYSICAL THERAPY, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I TITLE AND DEFINITION OF TERMS

Section 1. Short Title. - This Act shall be known as the "Philippine Physical

Therapy Law".

Sec. 2. Statement of Policy. - The State recognizes the importance of physical

therapists in nation building. Hence, it shall develop and nurture competent, productive, and well-rounded physical therapists whose standards of practice and service shall be excellent, and globally competitive, resulting not only from their education and training but through, honest, effective, and credible licensure examinations, regulatory measures, programs, and activities that foster their continuing professional growth.

Sec. 3. Definition of Terms. - As used in this Act:

a) Physical Therapy - refers to a health profession concerned with providing relevant services to individuals and populations to develop, maintain, and restore maximum movement and functional ability throughout the lifespan. Such services are provided in circumstances where movement and function are threatened by aging, injury, pain, diseases, disorders,

conditions, or environmental factors, and with the understanding that functional movement is central to health and well-being. Physical therapy is also known as physiotherapy. b) Physical Therapist - refers to a person who is a holder of a valid Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Physical Therapy and the Professional Regulation Commission, and who is legally qualified to practice physical therapy in the Philippines pursuant to this Act.

Sec. 4. Scope and Nature of the Practice of Physical Therapy. - The practice

of physical therapy shall include identifying and maximizing quality of life and movement potential within the spheres of promotion, prevention, treatment, intervention, habilitation, and rehabilitation. These spheres encompass physical, psychological, emotional, and social wellbeing. Physical therapists are qualified and professionally required to: a) Undertake a comprehensive examination or assessment of a patient or client or needs of a client group; b) Evaluate the findings from the examination or assessment to make clinical judgments regarding patients or clients; c) Formulate a physical therapy diagnosis, prognosis, and plan; d) Provide consultation within their expertise and determine when patients or clients need to be referred to another professional; e) Implement a physical therapy intervention or treatment program; f) Determine the outcomes of any interventions or treatments; and g) Make recommendations for self-management. The scope of physical therapy practice is not limited to direct patient or client care, but also includes: formulating and implementing responsive public health strategies; advocating for patients' or clients' health; supervising and delegating to others; leading; managing; teaching; researching and developing and implementing health policy at the local, national, and international levels. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF PHYSICAL THERAPY

Sec. 5. Creation and Composition of the Members of the Board. - There is

2 hereby created a Professional Regulatory Board of Physical Therapy, hereafter referred to as the Board, under the administrative supervision of the Professional Regulation Commission (PRC), composed of a Chairperson and four (4) Members appointed by the President of the Philippines within six (6) months from the 6 enactment of this Act and upon the recommendation of the PRC from among 7 physical therapists recognized and nominated by the accredited integrated professional organization (AIPO) of physical therapists.

Sec. 6. Powers and Functions of the Members of the Board. - The Board shall

10 have the following powers and functions: a) Promulgate, administer, and enforce rules and regulations necessary for carrying out the provisions of this Act; b) Supervise and regulate the registration, licensure, and practice of physical therapy in the Philippines; c) Administer oaths in connection with the administration of this Act; d) Adopt an official seal of the Board; e) Maintain a roster of physical therapists indicating therein the basic information about the registered professionals; f) Issue, reinstate, suspend cancel or revoke the registration and license, or special permits for the practice of physical therapy in the Philippines; g) Study and monitor conditions affecting the practice of physical therapy and adopt such measures as may be deemed necessary for the enhancement of the profession and maintenance of high professional and ethical standards; h) Work in partnership with the Commission on Higher Education (CHED) or its equivalent, to ensure that all educational institutions offering education comply with the prescribed policies, standards, and guidelines; i) Prescribe the Code of Ethics and Ethical Standards of Practice for physical therapists as endorsed by the AIPO organization of physical therapists; j) Hear or investigate any violations of this Act, its implementing rules and regulations, code of ethics, and ethical standards of practice, and for this purpose issue subpoena duces tecum or subpoena ad testificandum, or

both, to ensure the appearance of witnesses, and the production of documents in connection therewith: Provided, That the decision of the Board shall become final and executory after fifteen (15) days from receipt of judgment or decision unless appealed to the PRC; k) Prescribe guidelines and criteria for the Continuing Professional Development (CPD) program for physical therapists; I) Prescribe the subjects in the licensure examination and table specifications, determine the syllabi of the subjects and their relative weights, score, and rate the examination papers, and submit the results to the PRC within the period provided for in the rules of the PRC; m) Administer the examinations to applicants for the practice of physical therapy in accordance with the provisions of this Act; n) Prescribe the subjects in the licensure examination and table of specifications, determine the syllabi of the subjects and their relative weights, score and the rate examination papers, and submit the results to the PRC within the period provided for in the rules of the Commission; o) Administer the examinations to applicants for the practice of physical therapy in accordance with the provisions of this Act; p) Adopt a program for the full computerization of the licensure examination; q) Grant application for registration without examination subject to the approval of the PRC; r) Issue special permits to persons admitted to the practice of physical therapy for a specific duration of time, and certificates of recognition for advanced studies, researches, and accomplishments that contribute to the enrichment of the profession; and s) Perform such other powers and functions as deemed necessary to carry out the objectives of this Act. The policies, resolutions, rules and regulations, orders, or decisions issued or promulgated by the Board shall be subject to review and approval of the PRC.

Sec. 7. Qualifications of the Members of the Board. - The members of the

Board shall, at the time of their appointment, possess the following qualifications: a) Has resided in the Philippines for at least (5) years;

b) Is a duly registered physical therapist under this Act, with a valid Certificate of Registration and Professional Identification Card; c) Has engaged in the practice of physical therapy for at least ten (10) years, with the last five (5) years as a continuous period immediately preceding the appointment; d) Has demonstrated an exemplary degree of competence and ethics in one professional practice as a physical therapist; e) Is a member of good standing of the AIPO of physical therapists, and not an officer thereof; f) Has no prior conviction by a competent court of an offense involving moral turpitude; and 9) Has no direct or indirect pecuniary interest in any school, college, or university or institution conferring an academic degree for admission to the practice of physical therapy; or where review classes in preparation for licensure examination are offered or conducted; nor be a member of faculty or administration thereof.

Sec. 8. Term of Office. - The Chairperson and Members of the Board shall

hold office for a term of three (3) years: Provided, That members of the first Board to be appointed after the approval of this Act shall hold office for the following terms: the Chairperson for three (3) years, two (2) Members for two (2) years, and the other two (2) Members for one (1) year: Provided, further, that a Chairperson or Member may be appointed for a second term, but may not serve more than two consecutive three year terms, or six (6) consecutive years. Interim vacancies be filled for the unexpired term only, or until their successors have been appointed and duly qualified.

Sec. 9. Removal of the Members of the Board. - Any member of the Board

may upon the recommendation of the PRC after due process of law and investigation, be suspended or removed by the President from office for cause such as gross neglect of duty, incompetence, malpractice, unprofessionalism, immorality, unethical or dishonorable conduct, final judgment of crimes involving moral turpitude, manipulation of the licensure examination results, disclosure of secret and

confidential information in the examination questions prior to the conduct of the said 2 examination, or tampering of grades.

Sec. 10. Compensation and Allowances of the Members of the Board. - The

Chairperson and Members of the Board shall receive compensation and allowances 5 comparable to that being received by the Chairpersons and Members of existing 6 regulatory boards under the PRC, as provided for in the annual General Appropriations Act.

Sec. 11. Supervision of the Board, Custodian of Records, Secretariat, and

Support Services. - The Board shall be under the administrative supervision of the PRC. All records of the Board, including applications for examination, examination 11 papers and results, minutes of deliberation, administrative cases, and other 12 investigations involving physical therapists, shall be kept by the PRC. The PRC shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act.

Sec. 12. Annual Report. - The Board shall, at the close of each calendar year,

submit an annual report to the PRC, giving a detailed account of its proceedings and accomplishments during the year and recommending measures to be adopted, with the end in view of upgrading and improving conditions affecting the practice of physical therapy in the Philippines. ARTICLE III LICENSURE EXAMINATION AND REGISTRATION

Sec. 13. Examination Required. - All applicants for registration for the

practice of physical therapy shall be required to undergo a licensure examination to be given by the Board in such places and dates as the PRC may designate, subject to compliance with the requirements prescribed by the PRC.

Sec. 14. Qualifications for Examination. - An applicant for the licensure

examination for physical therapists shall establish, to the satisfaction of the Board, that the following qualifications are met: a) A citizen of the Philippines or a foreigner whose country has a formal reciprocity agreement with the Philippines; b) Is of good moral character and has not been convicted of any crime involving moral turpitude; and

c) A graduate of a Bachelor of Science in Physical Therapy degree or its equivalent degree as determined by the Board from a school, college, or university in the Philippines or abroad whose physical therapy program is recognized by the CHED.

Sec. 15. Scope of Examination. - The scope of examinations shall, after the

necessary stakeholder consultation, be determined by the Board, subject to the approval of the PRC. The Board shall take into consideration the minimum curriculum standards for physical therapy, the current scope of practice, and the latest developments in the profession, locally and globally, that affect the practice and delivery of physical therapy services in the country.

Sec. 16. Ratings in the Examination. - To be qualified as having passed the

licensure examination for physical therapists, a candidate must have obtained a general average of seventy-five percent (75%), with no grade lower than sixty percent (60%) in any of the examination subjects.

Sec. 17. Report of Ratings. - The Board shall submit to the PRC the ratings

obtained by each candidate within ten (10) calendar days after the examination, unless extended for just cause.

Sec. 18. Issuance of the Certificate of Registration and Professional

Identification Card. - The certificate of registration and professional identification card shall be issued to examinees who passed the licensure examination for physical therapist subject to payment of fees prescribed by the PRC. The certificate of registration shall bear the signature of the Chairperson of the PRC and the Chairperson and Members of the Board, stamped with the official seals of the PRC and the Board respectively, indicating that the person named therein is entitled to practice the physical therapy profession, with all the benefits and privileges appurtenant thereto. The certificate of registration shall remain in full force and effect until revoked or suspended in accordance with this Act. The professional identification card bearing the registration number, and 29 dates of issuance and expiry duly signed by the Chairperson of the PRC shall likewise be issued to every registrant upon payment of the required fees. The professional identification card shall be renewed every three (3) years, upon compliance with the

1 Continuing Professional Development (CPD), and submission of a certificate of good 2 standing from the AIPO, and other requirements of the Board and the PRC.

Sec. 19. Initials PTRP. - The initials PTRP, which stands for Physical Therapist

Registered Philippines, shall be used following the name of the registered physical therapist, especially when signing documents pertinent to the practice of the profession.

Sec. 20. Refusal to Register. - The Board shall refuse to register any

successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be 11 of unsound mind. The reason for the refusal shall be set forth in writing.

Sec. 21. Cancellation or Suspension of the Certificate of Registration and

13 Special Permit. - The Board may, after giving proper notice of hearing to the party 14 concerned, cancel the practitioner's certificate of registration and professional identification card, or be suspended from the practice of the profession; or cancel the special permit for any of the causes or grounds mentioned in Section 29 of this Act or for any unprofessional or unethical conduct, malpractice, violation of any of the provisions of this Act, its rules and regulations, the Code of Ethics, and Ethical Standards of Practice for physical therapists.

Sec. 22. Reinstatement, Re-issuance or Replacement of Certificate of

Registration and Professional identification Card. - Two (2) years after the date of revocation, the Board may, upon application and for reasons deemed proper and sufficient, reinstate any revoked Certificate of Registration and Professional Identification Card. A new certificate of registration or professional identification card, or special temporary permit may be issued to replace lost, destroyed, or mutilated ones, subject to the rules as implemented by the Board.

Sec. 23. Oath of Physical Therapists. - Successful examinees qualified for

registration, and qualified applicants for registration without examination, shall be required to take an oath of profession before any member of the Board or any 30 government official authorized by the PRC to administer oaths, prior to entering into the practice of physical therapy in the Philippines.

Sec. 24. Indication of Licensure and Professional Tax Receipt. - All physical

therapists shall be required to indicate on the documents they sign, use or issue in connection with the practice of their profession, their registration, or Certificate of Registration and Professional Identification Card number and date of issuance 5 thereof, the duration of validity of said license, and the professional tax receipt number issued to them.

Sec. 25. Roster of Physical Therapists. - The Board shall prepare, update, and

maintain a roster of physical therapists which shall contain the name of each registered physical therapist, their residence and office addresses, the date of registration and issuance of certificates, and other data which the board may deem pertinent.

Sec. 26. Issuance of Special and Temporary Permit. - A special temporary

permit maybe issued by the Board upon the recommendation of the AIPO of physical therapists, subject to the approval by the PRC and payment of the prescribed fee to the following persons: a) Foreign-licensed physical therapists called for consultation or a specified purpose that is deemed essential to national development, the practice shall be limited only for the particular work being: Provided, That there is no Filipino physical therapist qualified for such consultation or purpose; b) Foreign-licensed physical therapists whose service shall be free of charge and who are highly needed under particular settings; c) Foreign-licensed physical therapists engaged as professors, lecturers, or critics in fields essential to physical therapy education in the Philippines, whose engagement is limited to teaching only; and d) Foreign-licensed physical therapists recognized as experts or specialists whose service is deemed essential to the advancement of the profession in the Philippines. The special temporary permit shall include these limitations and conditions: validity for a period of not more than one (1) year, subject to renewal; the branch or specialty of physical therapy which the permit holder can practice; and the specific place or places of practice such as clinic, hospital, therapy center, school, college, or university offering the course of physical therapy. The Board, subject to the approval

by the PRC, shall prescribe rules and regulations for the implementation of this particular section. ARTICLE IV PRACTICE OF PHYSICAL THERAPY

Sec. 27. Delivery of Physical Therapy Service. - Physical therapists shall work

in partnership with other health service providers or health professionals, patients or clients, families, and communities in the delivery of services in the most effective, cost efficient, and client-centered service.

Sec. 28. Prohibition on the Practice of Physical Therapy. - No person shall

practice or offer to practice physical therapy, nor offer to be a physical therapist, or use the title, word, letter, figure, or any sign tending to convey the impression of being a physical therapist, nor advertise or indicate in any manner whatsoever to be qualified to perform the work of a physical therapist without passing the licensure examination given by the Board, except as otherwise provided in this Act.

Sec. 29. Prohibited Acts. - No person shall:

a) Engage in the practice of physical therapy by representing oneself as a physical therapist without a valid certificate of registration, professional identification card, or a valid temporary or special permit granted by the Board pursuant to this Act; b) Represent oneself as a physical therapist during the time that the Certificate of Registration and Professional Identification Card are not valid or that the certificate of registration has been suspended or revoked, or that the special temporary permit has been cancelled; c) Allow anybody to use the Certificate of Registration and Professional Identification Card, or both and special temporary permit as a physical therapist to enable such unqualified individual to engage in the practice of physical therapy; d) Use the certificate of registration, professional identification card, or special temporary permit of another person; and e) Violate the provision of the Code of Ethics and Ethical Standards of Practice as recommended by the AIPO of physical therapists.

Sec. 30. Code of Ethics and Standards of Practice for Physical Therapists. -

2 The Board shall adopt and promulgate the Code of Ethics and Ethical Standards of Practice for physical therapists as prescribed and issued by the AIPO of physical therapists. All licensed physical therapist shall abide by the principles and standards 5 embodied in the Code.

Sec. 31. Continuing Professional Development Program. - All physical

7 therapists shall abide with the requirements, rules and regulations on continuing professional development to be promulgated by the Professional Regulatory Board of Physical Therapy, subject to the approval of the PRC, in coordination with the AIPO of physical therapists or the recognized representative of duly accredited education institutions, or both. For this purpose, the Board shall create a CPD Council to implement a CPD program guided by qualifications framework and career 13 progression principles, subject to the guidelines as may be prescribed by the PRC.

Sec. 32. Integration of the Professional Organization. - The physical therapy

profession shall be integrated into one (1) national professional organization of physical therapists, which shall be duly registered with the Securities and Exchange Commission. The Board, subject to the approval by the PRC, shall accredit the said organization as the one and only accredited integrated professional organization of registered physical therapists. All physical therapists whose names appear in the current Roster of Physical Therapists shall ipso facto become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of the required membership fees and dues. Membership in the accredited integrated professional organization shall not be a bar to membership in other organizations of physical therapists.

Sec. 33. Foreign Reciprocity. - No foreign physical therapist shall be given a

certificate of registration and professional identification card or be entitled to any of the privileges under this Act unless the country or state of which the foreign physical therapist is a subject or citizen, permits Filipino physical therapists to practice within its territorial limits on the same basis as the subjects or citizens of said country or state. ARTICLE V PENAL AND MISCELLANEOUS PROVISIONS

Sec. 34. Penal Provisions. - Any person who shall violate any of the provisions

of this Act or any of its implementing rules and regulations as promulgated by the Board, subject to the approval of the PRC, shall upon conviction, be punished with a fine of not less than Twenty thousand pesos (Php 20,000.00) nor more than Fifty thousand pesos (Php 50,000.00), or by imprisonment of not less than two years nor more than five years, or both, at the discretion of the court.

Sec. 35. Appropriations. - The Chairperson of the PRC shall immediately

include in the Commission's program, the implementation of this Act, the funding of 9 which shall be included in the annual General Approprlations Act.

Sec. 36. Implementing Rules and Regulations. - To implement the provisions

11 of this Act, the Board shall, subject to the approval of the PRC, promulgate the rules 12 and regulations, as well as the Code of Ethics and Ethical Standards of Practice for Physical Therapists, within sixty (60) days after the effectivity of this Act.

Sec. 37. Transitory Provisions. - The existing Board of Physical and

Occupational Therapy shall continue to function in the interim until such time that the new and separate Board for Physical Therapy shall be constituted pursuant to this Act.

Sec. 38. Conduct of Sunset Review. - The PRC shall conduct a sunset review

every five (5) years, or as the need arises, for purposes of ensuring that the law is implemented consistently, non-discriminatory, and responsive to contemporary challenges and conditions of the society.

Sec. 39. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.

Sec. 40. Repealing Clause. - Any law, presidential decree or issuance,

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

Sec. 41. Effectivity. - This Act shall take effect fifteen (15) days after its

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