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Review Notes in Medical Tehnology Law, History, PAMET, PASMETH, Law Ethics. By Atty Conrado C. Fallorin, RMTHistory:Ann Fagelson – preferred to date MT from the 14th centuryVivian Herrick – traced the beginning MT back to 1500BCRuth Williams – believed that MT began from the Medieval PeriodEbers pap...

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Review Notes in Medical Tehnology Law, History, PAMET, PASMETH, Law Ethics. By Atty Conrado C. Fallorin, RMT History: Ann Fagelson

– preferred to date MT from the 14th century

Vivian Herrick

– traced the beginning MT back to 1500BC

Ruth Williams

– believed that MT began from the Medieval Period

Ebers papyrus

– ancient book of treatment that mentioned and described three (3) stages of hookworm infection (1500BC)

Hindu doctors

– ancient medicine men who diagnosed diseases by observing the color of urine (Medieval Period)

Anton van Leuwenhoek – developed the compound microscope Malphigi

– the greatest early microscopist and the founder of pathology

Rudolph Virchow

– founded the archives of pathology in Berlin, Germany

Fehling

– performed the first sugar test in urine in 1848

Aniline dye

– the first produced dye for bacteria

Dr. Douglas

– established the first chemical laboratory related to medicine at the University of Michigan

Dr. William Osler

– Opened the first Clinical Laboratory at John Hopkins Hospital

Dr. William Welch

- gave the first laboratory course in pathology in an American medical school

Dr. James Todd

– author of “ A Manual of Clinical Diagnosis”, which became the standard reference for laboratories

University of Minnesota –established the first training laboratory for laboratory workers Denver Society of Clinical Pathologists – the first organized group of American Pathologists 26th Medical Infantry of the US Army – introduced MT in the Philippines after WW II Quiricada St., Sta. Cruz, Manila – the place where the US Army established the first Clinical Laboratory in the Philippines Dr. Pio de Roda

– he organized the Manila Public Health Laboratory in 1945

Dr. Prudencio Sta. Ana – gave the first six (6) months formal training in laboratory Philippine Union College (Adventist University of the Philippines) offered the first BS degree course in Medical Technology in 1954

–

Dr. Jessie Umali

– the first graduate of BS Medical Technology

1961

– BS Medical Technology was recognized as a four year course at the UST

PAMET

– the national organization of registered MTs

Crisanto Almario

– he organized the PAMET in 1963, he was considered to be the father of PAMET

FEU

– hosted the first annual convention of PAMET

PAMET Presidents:

Charlemagne Tamondong – the first president of PAMET Nardito Moraleta

– the 2nd president of PAMET. He worked for the enactment and approval of RA 5527. He registered PAMET with SEC. He registered PAMET with IAMET

Felix Asprer/Marilyn Atienza – became PAMET president and board examiner for MT Bernardo Tabaosares – he worked for the proclamation of the 3rd Week of September as MT week Angelina Jose

– the first lady president of PAMET

Leila Florento

– the present president of PAMET

Lab News

– the official newspaper of PAMET

The Philippine Journal of Medical Technology PAMET

– the official journal of

PASMETH – the national organization of schools of MT and faculty members Dr. Narciso Albarracin

– conceptualized PASMETH in 1970

Drs. Serafin Juliano/Gustavo Reyes

– founders of PASMETH

UST

– hosted the first national meeting of PASMETH

Dr. Gustavo Reyes

– first president of PASMETH

Mr. Bernard Ebuen – present president of PASMETH Mr. Cirilo Cajucom

– he registered PASMETH with the SE

Law – any rule of action or any system of uniformity. It determines not only the activities of men as rational being but also the movements of all objects, whether animate or inanimate General Divisions of Law: - Promulgated and enforced by the state (State Law) - Not promulgated and enforced by the state (Divine law, natural law, moral law and physical law) Divine law – law of religion and faith; concerns with the concept of sin and salvation (Bible and Quoran) Natural law – basic understanding of right and wrong based on the understanding and criterion of what is good and evil.It is the divine inspiration in men of he sense of justice, fairness and righteousness Moral Law – totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Physical law – law on physical science; being address to the objects which have no power to disobey. State Law – promulgated and enforced by the state (positive law, municipal law, civil law or imperative law) Characteristics of law; 1. Rule of conduct – tells us what shall be done and undone 2. Obligatory – imposes duty to obey. Sanction forces obedience 3. Promulgated by legitimate authority – legislature 4. Common observance and benefit – intended to serve men to maintain harmony Functions of law; 1. Secures justice 2. Resolves social conflicts 3. Protects interests 4. Controls social relations Sources of laws; 1. Constitution 2. Legislation

3. Administrative or executive orders, regulations and rulings 4. Judicial decisions and jurisprudence 5. Custom Classes of Law; Purpose; 1. Substantive- creating and defining rights and duties 2. Adjective, Procedural or Remedial – describing the manner by which rights maybe enforced or violations redressed. Subject matter 1. Public Law – regulates the rights and duties arising from the relationship of the state to the people ( Criminal Law, International Law, Constitutional Law) 2. Private Law – regulates the relations of individuals with one another for purely private ends. (Laws on obligations and contracts) How a bill becomes a law?

Ethics – a theory or a system of moral values. The basic concepts and fundamental principles of decent human conduct. Professional ethics – accepted standards of a personal and business behavior, values and guiding principles -

Encompass the personal, organizational and corporate standards of behavior expected of professionals.

Professionals – are those working in acknowledged professions , exercise special ist knowledge and skill. Code of Ethics - A written set of guidelines issued by an organization to its workers (members) and management to help them conduct their actions in accordance with its primary values and ethical standards. Medical Technology Ethics – a moral science which treats the duties which the MT owes to the patient, to his colleagues in the profession and to the public.

Concept of Morality – the quality of human act whereby its measures up to what it should be. Morality – is a human standard based on natural and moral law embedded in man’s conscience. It is what the person really is. Reputation – what he and other person think he is. Significance of Ethics: It limits the parameters and tames the exercise of the profession to avoid transgression, anarchy, lawbreaking, defiance, and disobedience. It will guard abuses and ills of the profession such as dishonesty, deceit, immorality, negligence, slothness, lack of diligence and other forms of malpractice. Code of Ethics – March 7, 1997. Privileged Communication - Interaction between two parties in which the law recognizes a private protected relationship. Whatever is communicated between these two parties shall remain confidential and the law cannot force disclosure. Laws Related to the Practice of MT: RA 5527

– The Philippine MT Act of 1969 - June 21, 1969 - It has 32 sections

Three (3) amendments of RA 5527 1. RA 6138 – August 31, 1970 ( 16, 21, 22) 2. PD 498 – June 28, 1974 (2, 3, 4, 7, 8, 12, 13, 16, 17, 21, 29) 3. PD 1534 – June 11, 1978 ( 3, 8, 13) RA 1517

– The Blood Banking Act of 1956 - June 16, 1956

RA 4688

- The Clinical Laboratory Act of 1966 - June 18, 1966

RA 7170

- The Organ Donation Law of 1991

-

January 7, 1992

RA 7719

- The National Blood Services Act of 1994 - May 5, 1994

RA 7722

- The Commission on Higher Education Law of 1994 - May 18, 1994

RA 8504

- The AIDS Control and Prevention Law of 1998 - February 13, 1998

RA 8981

- The PRC Modernization Act of 2000 - December 5, 2000

PD 223

- The Professional Regulation Commission Law of 1973 - June 22, 1973

RA 9165

- The Dangerous Drugs Law of 2002 - June 7, 2002

EO 266

- Institutionalization of CPE - July 25, 1995

The Philippine Medical Technology Act of 1969 Section 1 – Title An Act Requiring the Registration of Medical Technologist, Defining Their Practice and Other Purposes Section 2 – Definition of Terms: a. Practice of Medical Technology ( Examine blood and parasite histopathologcally and clinically in order to prepare quality specimen) b. Pathologist – registered physician specially trained in laboratory medicine, and for the gross and microscopic examination and interpretation of tissues, secretions and excretions

General Pathology - anatomical and clinical pathology. Anatomical is divided into sub-specialties; surgical, cytopathology and forensic. Clinical Pathology – concerned with the diagnosis of diseases based on laboratory analysis of body fluid c. Medical Technologist – a person engages in the field of MT under the supervision of a pathologist or a licensed physician d. Medical Laboratory technician – a person certified to assist MT’s and pathologists: -

Passed the CS examination on March 21, 1964;

-

Finished a 2 year course with 1 year lab. Experience;

-

Regardless of academic attainment – 10 years lab. Experience upon approval of the law;

-

Failed to pass the board examination but got a grade of at least 70%

e. Accredited Medical Laboratory – laboratory duly approved by the DOH (BHFS) f. Recognized School of Medical Technology – school, college or university which offers the course of MT approved by the Department of Education (CHED) g. Council – the council for medical technology(Technical Panel) h. Board – the board of medical technology Section 3 – Council for Medical Technology Education (Technical Panel) Composition: Chairman – Director of Higher Education Vice –chairman – the PRC Chairman Members: Director of BRL (now BHFS) under the DOH, Two Deans of SMT President of PSP President of PAMET

Section 4 – Compensation Section 5 – Functions of the Council of Medical Technology Education Recommend, prescribe and approve, annual report, inspect and certify refresher course - Recommend minimum required course – CMO 14, s 2006 - Prescribe the number of students admitted - Approve the opening and closure of sub-standard SMT - Require SMT to submit annual report - Inspect the SMT - Certify students for internship - Formulate refresher course for those who failed the board exam for 3 times (enrolment at SMT/training in lab)

Section 6 – Minimum Required Course for MT At least 4 years including 12 months of internship Now – 4 years, last sem – internship - CMO 14 series 2006 Section 7 – Medical Technology Board Composition: Chairman – Pathologist Members – 2 RMT’s Nomination – PAMET Recommendation – PRC Appointment – President Term – 3 years without re-appointment EXCEPT 1st appointees and those who served for less than a year Section 8 – Qualifications -

Filipino citizen Good moral character Qualified pathologist RMT’s At least 10 years active practice

-

Not a faculty member 2 yrs prior to appointment

Kinds of citizenship; Natural and naturalized Natural : 1. Filipino at the time of the adoption of the constitution 2. Fathers and mothers are Filipino 3. Born before January 17, 1973, of Filipino mothers who elect Filipino citizenship Moral character

– ability to serve the public in a fair, honest and ethical manner – engagement in the practice of the profession as a means of livelihood

Active practice

Section 9 – Executive Officer of the Board CSC Commissioner PRC Chairman – PD 223, RA 8981 Section 10 – Compensation of the Board Section 11 - Functions and Duties of the Board -

Prescribe qualifications and training of MTs Look into the condition of MT Administer oath Issue suspend and revoke COR Investigate violations of the act Draft rules and regulations

Quasi-judicial power

– power of the administrative body to investigate, hear and decide issues Quasi-legislative power or rule making power – to draft rules and regulations Section 12 - Removal of the Board of Examiner Grounds: Negligence

Neglect of duty Incompetence Malpractice or unprofessional Unethical, immoral, dishonorable conduct

– failure to use reasonable care of doing something

Incompetence – lack of physical and intellectual ability or qualification Malpractice

– misconduct by a professional person

Unprofessional conduct – lack of skill and ethical conduct Dishonorable conduct – mars the character and lessens the reputation Unethical conduct – lacking of moral principle or failing to conform with accepted code of behavior Immoral conduct – conduct which is shameful, willful and flagrant Section 13 – Accreditation of SMT and Training Laboratories SMT – CHED Training Lab. – DOH-BHFS Section 14 – Inhibition Against the Practice of MT No person shall be allowed to practice without previously obtained a valid COR EXCEPT: - Duly registered physician - MTs from other countries called for consultation or as exchange faculties - MT in the service of the USAF stationed in the Philippines The Philippines temporarily surrendered sovereignty over the land occupied by the US Section 15 – Examination Venues Publication

Purpose:

– Greater Manila Area, Baguio City, Davao City, Cebu City – 3 news paper of national circulation at least 30 days before examination

to obtain valid and reliable information whether the examinee possesses technical competence and knowledge, ability to apply knowledge with good judgment and understanding of professional responsibility Section 16 – Qualification of Examination -

Filipino citizen In good health Of good moral character Has completed BSMT or BSPH

PRC Res. 323 (Allowance of Alien Examinees) Requirements: - Established reciprocity treaty - At least 3 years permanent residence in the Philippines - The curricula of both countries are substantially similar Documentary Requirements: -

Law of the country showing permission that Filipinos are allowed to take examination authenticated by Phil. Embassy - ACR (Alien Certificate of Registration - Certificate from Bureau of Immigration to prove 3 years residence - Personal Data Sheet, duly subscribed

Section 17 – Scope of Examination Major Subjects: - Clinical Chemistry - Micro/Para - Hematology - Blood Baking/Serology

- 20% - 20% - 20% – 20%

Minor Subjects: - Urinalysis and other BF - 10% - Histopath, Cytotech,MTLE - 10%

Computation: general average relative to the weights of each subject PRC Res. 338 – Std. Questions in the Examination Competence – Should test whether the examinee acquired the minimum technical competence Nature

– Technical knowledge relevant to the profession

Level of Difficulty Difficulty Scale

– neither too easy nor too difficult – mixture of easy, moderate and difficult

Tests Cognitive Abilities – not limited to recalling memorized information should test higher cognitive abilities – comprehension, interpretation, application, analysis, problem solving and other higher order thinking skills Section 18 – Report of Rating Within 120 days from date of examination RA 8981 – within 10 days from date of examination Section 19 – Rating in the Examination A candidate must obtain a general average of at least 75% Provided: with no rating below 50% in any major subject Not failed in at least 60% of the subjects by weight No further examination shall be given to an applicant who has not qualified after 3 examination unless completed 12 months post graduate training in an accredited laboratory. None graduates of BSMT/BSPH shall not be given examination after failing to qualify for the 3rd time. Section 20 – Oath Taking Administered by Board or any person authorized by law.

Authorized under administrative code: -

Notaries public Members of the judiciary Clerks of Courts Secretaries of Senate and Congress Department Secretaries Bureau directors Register of Deeds Provincial Governors Municipal and City Mayors

Section 21 – Issuance of the Certificate of Registration To those who successfully passed the required examination, EXCEPT: - Under 21 years of age May also be issued COR without Examination: -

BSMT/BSPH Graduate – 3 years practice prior to June 21, 1969 - Graduate of other profession – 8 years practice prior to June 21, 1969

All COR shall be signed by the Board and the PRC Commissioner Must be displayed in the place of work Section 22 – Fees Section 23 – Refusal to Issue Certificate of Registration Grounds: -

Guilty of immoral conduct Guilty of dishonorable conduct Convicted by a court of a crime involving moral turpitude - Unsound mind - Incurable and communicable disease Section 24 – Administrative Investigation (Suspension / Revocation of Certificates)

Conducted by at least 2 members of the board with 1 legal officer Respondent’s Rights ; - entitled to a lawyer - be heard in person - Speedy and public trial - All other rights under the Constitution Revocation of COR - unanimous vote Suspension of COR – majority vote Respondent to surrender the COR within 30 days from the finality of decision Under the pain of perpetual disqualification to practice Suspension shall run from date of surrender During investigation due process shall be observed; Notice and hearing Evidence required: Administrative case – substantial evidence (overwhelming) Criminal case – proof beyond reasonable doubt Civil case – Preponderance of evidence Section 25 –Appeal Decision of the Board appealed to PRC within 30 days Section 26 – Reinstatement, Re-issue or Replacement of COR Suspension shall be automatically lifted upon the expiration Section 27 – Foreign Reciprocity Agreement between states to extend each other’s citizens specified rights

Requirements to allow foreigner to practice profession: (PRC Res. 547) - Copy of law authenticated by the embassy allowing or permitting filipino citizens to practice profession in that country - Alien Employment Permit (AEP) - Communication from that country containing a firm commitment that Filipino who desire to practice his profession in that country shall be granted privilege - Document certifying that the applicant is a professional in that country - Certification from BID – 3 years residence in the Philippines Section 28 – Roster of Medical Technology Section 29 – Penal Provision Section 30 – Separability Clause Section 31 – Repealing Clause Section 32 - Effectivity RA 4688 – Clinical Laboratory Act of 1966 Administrative Order No. 27 series of 2007 Scope – All Clinical Laboratories Exempted from -

license requirement: Government Clinical Laboratories, Research Laboratories Laboratories for Teaching purposes (Academic) Special Laboratories Reproduction Technology Laboratories Molecular and Cellular Technology; Molecular Biology; Molecular Pathology; Forensic Pathology; Anatomic Pathology operating independently) - NRL (National Reference Lab...