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Principle of Medical Laboratory Science PMLS 2 Laboratory 1 Handwashing, Lecture notes of Science education

RA 5527 from mt laws and bioethics

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2022/2023

Uploaded on 10/18/2022

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Download Principle of Medical Laboratory Science PMLS 2 Laboratory 1 Handwashing and more Lecture notes Science education in PDF only on Docsity! MT108: MEDICAL TECHNOLOGY LAWS AND BIOETHICS RA5527 CEBU DOCTORS’ UNIVERSITY RA 5527 PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969 An Act Requiring the Registration of Medical Technologist,Defining their Practice, and for other purposes.Be it enacted by the Senate and House of Representatives of the Philippines HIGHLIGHTS  RA 5527 - Philippine Medical Technology Act  June 21, 1969- Approval Date  Amendment- A process of revising, modifying or changing the provisions of a law or bill House Bill No. 3502. An ammendment of the medical technology Act of 2011  Amendments are made on Section 16, Section 21 and Section 22  RA 6138 (August 31, 1970)  Presidential Decree No. 498 (June 28, 1974) amended Sections 2,3,4,7,8,11,13,21 and 29  Presidential Decree No. 1534 (June 11, 1978) amended Sections 3,8 and 13 (Romeo 2009)  On December 4, 2013, Representative -Leopoldo N. Bataol of the 2nd District of Pangasinan during the first regular session of the 16th Congress proposed another amendment under House Bill 3502.  Medical Technology Act of 2011- A n act which contains the provisions for the improvement of the status of all medical technologists in terms of competencies or skills.  Presidential Decree No. 498 The second revision made to RA 5527  Republic Act No 5527 Otherwise known as the Medical Technology Act of 1969  Republic Act No. 6138 Approved of August 31, 1970 AMENDMENTS AND THEIR PROCESS Amendments, by conventional definition, are changes to certain provisions of a Republic Act. They are based on the premise that changes are made for the purpose of adapting to what is presently existing in the professional practice and exapanding the rights and priviliges extended to an individual or a group of persons. CONCEPT OF LAW AND THE PROVISIONS OF RA 5527 Law- refers to set of rules or orders imposedon all members of the community. RA 5527 (An act requiring the Registration of Medical Technologists, Defining their Practice and Other Purpose)  Preliminary provisions  Functional provisions  Concluding provisions Laws are regulatory systems of social relations. In the field of professional practice, important legal concepts include the following: 1. Prevailing laws and source or origin- The law is existing at present, enveloping the practice of professional endeavors. 2. Offense and Legal responsibility- Laws are enacted and are always accompanied by the appropriate offense for violations or infractions of such. It is, therefore mandatory for the individual concerned to render obedience to the existing laws. In other words,people are duty-bound to assume the responisbilities over any action they take or commit. 3. Laws and orders, sanctions system of laws and legality of actions- This third legal concept pertains to the fact that a law is a set of rules or orders. Nobody is above the law. Laws govern and treat all people failrly and impartiality. Any violation of laws may be reprimanded and sanctioned, therefore , laws are rules that prescribe directions for conduct in any situation. MT108: MEDICAL TECHNOLOGY LAWS AND BIOETHICS RA5527 CEBU DOCTORS’ UNIVERSITY Republic Act No. 5527 *As amended by RA 6132, PD 498 and PD 1534.) An Act Requiring the Registration of Medical Technologist, Defining Their Practice, and for Other Purposes Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title.- This Act may be also cited as the Philippine Medical Technology Act of 1969. Section 2. Definition of Terms.- As used in this Act,the following terms shall mean: a. Practice of Medical Technology - A person shall be deemed to be in the practice of medical technology within the meaning of this Act, who shall for a fee, salary or other compensation or reward paid or given directly or indirectly through another, renders any of the following professional services for the purpose of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general: 1. Examination of tissues, secretions and excretions of the human body and body fluids by various electronic, chemical, microscopic, bacteriologic, hematologic, serologic, immunologic, nuclear, and other laboratory procedures and techniques either manual or automated; 2. Blood banking procedures and techniques; 3. Parasitologic, Mycologic and Microbiologic procedures and techniques; 4. Histopathologic and Cytotechnology; provided that nothing in this paragraph shall inhibit a duly registered medical laboratory technician from performing histopathologic techniques and procedures. 5. Clinical research involving patients or human beings requiring the use of and/or application of medical technology knowledge and procedures; 6. Preparations and standardization of reagents, standards, stains and others, provided such reagents, standards, stains and others are exclusively for the use of their laboratory; 7. Clinical laboratory quality control; 8. Collection and preservation of specimens; Provided, That any person who has passed the corresponding Board examination for the practice of a profession already regulated by existing law, shall not be subject to the provisions of the last four preceding paragraphs if the performance of such acts or services is merely incidental to his profession. b. Pathologist - A duly registered physician who is specially trained in methods of laboratory medicine, or the gross and microscopic study and interpretation of tissues, secretion and excretions of the human body and its functions in order to diagnose disease, follow its course, determine the effectivity of treatment, ascertain cause of death and advance medicine by means of research. c. Medical Technologist - A person who engages in the work of medical technology under the supervision of a pathologist or licensed physician authorized by the Department of Health in places where there is no pathologist and who having passed the prescribed course (Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene) of training and examination is registered under the provision of this Act. d. Medical Laboratory Technicians - A person certified and registered with the Board as qualified to assist a medical technologist and/or qualified pathologist in the practice of medical technology as defined in this Act.e. Accredited Medical Technology Training Laboratory - A clinical laboratory, office, agency, clinic, hospital or sanitarium duly approved by the Department of Health2 or its authorized agency. f. Recognized School of Medical Technology - Any school, college, or university which offers a course in Medical Technology approved by MT108: MEDICAL TECHNOLOGY LAWS AND BIOETHICS RA5527 CEBU DOCTORS’ UNIVERSITY f. Draft such rules and regulations as may be necessary to carry out the provisions of this Act: Provided, that the same shall be issued only after the approval of the President of the Philippines; g. To determine the adequacy of the technical staff of all clinical laboratories and blood banks before they could be licensed with the Department of Health in accordance with R.A. No. 4655 and 1517; h. To prescribe the qualifications and training of medical technologists as to special fields of the profession and supervise their specialty examination conducted by the professional organization of medical technologists accredited by the Professional Regulation Commission; i. To classify and prescribe the qualification and training of the technical staff of clinical laboratories as to: Medical Technology; Medical Technologist; Senior Medical Technologist; Medical Technologist and Medical Laboratory Technician. Section 12. Removal of Board Members.- Any member of the Board may be removed by the President of the Philippines for neglect of duty, incompetency, malpractice or unprofessional, unethical, immoral or dishonorable conduct after having been given opportunity to defend himself in a proper and administrative investigation: Provided, that during the process of investigation, the President shall have the power to suspend such member under investigation and appoint a temporary member in his place. Section 13. Accreditation of Schools of Medical Technology and of Training Laboratories.- Upon the recommendation of the Medical Technology Board, the Department of Education and Culture shall approve schools of Medical Technology in accordance with the provisions of this Act, as amended, in conjunction with the Board of Medical Technology. The Department of Healththrough the Bureau of Research and Laboratories shall approve laboratories for accreditation as training laboratories for medical technology students or post- graduate trainees in conjunction with the Board of Medical Technology. The laboratories shall show satisfactory evidence that they possess qualified personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields: Clinical Chemistry, Microbiology, Serology, Parasitology, Hematology, Blood Banking, Clinical Microscopy, and Histopathologic techniques, and that the scope of activities of said laboratories offer sufficient training in said laboratory procedures. Section 14. Inhibition Against the Practice of Medical Technology.- No person shall practice or offer to practice medical technology as defined in this Act without having previously obtained a valid certificate of registration from the Board provided that registration shall not be required of the following: a. Duly registered physicians. b. Medical technologist from other countries called in for consultation or as visiting or exchange professors to colleges or universities: Provided, they are only practicing the said function. c. Medical technologists in the service of the United States Armed Forces stationed in the Philippines rendering services as such for members of the said forces only. Section 15. Examination.- Except as otherwise specifically allowed under the provision of this Act, all applicants for registration as medical technologist shall be required to undergo written examination which shall be given by the Board annually in the greater Manila area, Cebu, and MT108: MEDICAL TECHNOLOGY LAWS AND BIOETHICS RA5527 CEBU DOCTORS’ UNIVERSITY Davao during the month of August or September on such days and places as the Board may designate. Written notices of such examination shall be published in at least three newspapers of national circulation by the Secretary of the Board of least thirty days prior to the date of examination. Section 16. Qualification for Examination.- Every applicant examination under this Act, shall, prior to the date thereof, furnish the Board satisfactory proof that he or she: a. Is in good health and is of good moral character; b. Has completed a course of at least four (4) years leading to the degree of Bachelor of Science in Medical Technology or Bachelor of Science in Public Health conferred by arecognized school, college or university in accordance with this Decree or having graduated from some other profession and has been actually performing medical technology for the last five (5) years prior to the date of the examinations, if such performance began prior to June 21, 1969. Section 17. Scope of Examination.- The examination questions shall cover the following subjects with their respective relative weights: Clinical Chemistry ............................................ 20% Microbiology& Parasitology ...........................……........ 20% Hematology .....................….................. 20% BloodBanking & Serology ...........................………........ 20% Clinical Microscopy (Urinalysis and other body fluids..................................………......... 10% Histopathologic Techniques, Cytotechnology, Medical Technology Laws, Related Laws and its implementing rules, and the Code of Ethics ........................……………………... 10% The Board shall prepare the schedule of subjects for examination and to submit the same to the Commissioner of the Professional Regulation Commission for publication at least thirty (30) days before the date of examination. The Board shall compute the general average of each examinee according to the above-mentioned relative weights of each subject. Provided, however, that the Board may change, add to or remove from the list of subjects or weights above as progress in the science of Medical Technology may require, subject to the prior approval of the Professional Regulation Commission, and publication of the change or amendment at least three (3) months prior to the date of examination in which the same is to take effect. Section 18. Report of Rating.- The Board shall, within one hundred and twenty days after the date of completion of the examination, report the result thereof to the Commissioner of Civil Service,who shall submit such result to the President of the Philippines for approval. Section 19. Rating in the Examination.- In order to pass the examination, a candidate must obtain a general average of at least seventy-five percent in the written test, with no rating below fifty percent in any of the major subjects: Provided, That the candidate has not failed in at least sixty percent of the subjects computed according to their relative weights. No further examinations, unless and until he shall have completed 12 months refresher course in an accredited laboratory: Provided, That graduate of paramedical profession other than Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene admitted to an examination under the provisions of this Act shall not be given further examinations after the provisions of this MT108: MEDICAL TECHNOLOGY LAWS AND BIOETHICS RA5527 CEBU DOCTORS’ UNIVERSITY Act shall be given further examinations after his failure to qualify for the third time. Section 20. Oath Taking.- All successful examinees shall be required to take a professional oath before the Board or before any person authorized to administer oaths prior to entering upon the practice of medical technology in the Philippines. Section 21. Issuance of Certificate of Registration.- Every applicant who has satisfactorily passed the required examination for medical technologist shall be issued a certificate of registration as such: Provided, That no such certificate shall be issued to any successful applicant who has not attained the age of twenty-one (21) years. All certificate shall be signed by the members of the Board and by the Commissioner of the Professional Regulation Commission. The duly registered medical technologists shall be required to display his certificate of registration in the place where he works. Provided, that upon application filed and the payment of the required fee of one hundred and fifteen pesos (P115.00) the Board shall issue a certificate of registration as medical technologist without examination to persons who have been graduated with Bachelor of Science in Medical Technology/Bachelor of Science in Public Health in duly recognizedschools of medical technology in the Philippines or in any foreign country, Provided, That in case of the latter, the standard of medical technology education is substantially the same as ours, and In addition shall have been in the practice of medical technology for at least three (3) years prior to the filing of the application in laboratories in the Philippines duly accredited by the Bureau of Research and Laboratories, Department of Health, or in foreign countries if such performance began prior to June 21, 1969 and also to all other persons who having graduated from other professions have been actually performing medical technology practice for the last eight (8) years prior to filing of the application, Provided, that such performance began prior to June 21, 1969. Provided, further, that the Board shall likewise issue a certificate of registration as medical laboratory technician without examination to any person who upon application and payment of the required fee of fifty pesos (P500.00) show evidence satisfactory to the Board that: 1. He or she passed the civil service examination for medical technician given on March 21, 1964; or 2. Has finished a two-year college course and has at least one (1) year of experience as medical laboratory technician, Provided, that for every year of deficiency in college attainment two (2) years of experience may be substituted; Provided, further, that an applicant who has at least ten (10) years of experience as medical laboratory technician as of the date of approval of this Decree regardless of his academic attainment may qualify for registration without examination; or 3. Has failed to pass the board examination for medical technology but had obtained a general rating of at least 70%. Provided, finally, that a registered medical laboratory technician when employed in the government shall have the equivalent civil service eligibility not lower than second grade. Section 22. Fees.- The Board shall charge each applicant for examination and registration the sum of fifty pesos for each certificate of registration issued without prior
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