Law Summary
Definitions
- Chemistry: Study and analysis of physico-chemical or biochemical properties of matter, including biochemistry.
- Registered Chemist: Professional practitioner registered with the Board of Chemistry and the Professional Regulation Commission (PRC).
- Registered Chemical Technician: Person engaged in chemical analysis, duly registered.
- Chemical Analysis: Physico-chemical or biochemical procedures involving measurement, methods like titration and chromatography, sample preparation, separation/purification, calculation, and computational methods.
- Chemical Synthesis: Preparation of compounds via chemical or biochemical reactions.
- Chemical Laboratory: Facility where chemical analysis or synthesis is performed, including mobile and field laboratories, headed by a registered chemist.
Scope of Professional Practice of Chemistry
- Includes chemical analysis, synthesis, certification, laboratory inspection, supervision, teaching chemistry subjects, consultation, sale and supervision of chemicals and related equipment, and chemical management such as safety and pollution control.
- The Board may revise the enumerated activities to keep pace with practice trends.
Scope of Professional Practice of Chemical Analysis
- Limited to performing chemical/biochemical analysis, synthesis, and sale of chemicals or apparatus under supervision of a registered chemist.
- Chemical technicians must sign reports with license numbers.
Professional Regulatory Board of Chemistry
- Composition: Chairperson and two members appointed by the President on PRC recommendation from APO nominees.
- Powers: Regulate profession, evaluate applicants, prescribe exams, issue registration certificates, oversee Continuing Professional Development, inspect laboratories, adopt ethics codes, adjudicate administrative cases, administer oaths, promulgate rules, and other duties.
- Qualifications: Filipino citizen, good moral character, master’s degree in chemistry, registered chemist with at least 10 years’ practice, no conflicts of interest with educational institutions or exam preparation entities, APO membership.
- Terms: Three years, up to two terms maximum, with staggered initial terms.
- Compensation comparable to other regulatory boards.
- Records kept by PRC; Secretary appointed by PRC.
- Grounds for removal: gross neglect, dishonesty, legal violations, exam manipulation.
- Annual report and meeting with stakeholders required.
Licensure Examination and Registration
- Registration required to practice chemistry or chemical analysis.
- Qualifications for Chemist: Filipino or reciprocal foreign citizen, good character, BS Chemistry or allied degree with at least 60 chemistry units including all professional subjects, no criminal record involving moral turpitude.
- Chemist examination covers Analytical, Organic, Biochemistry, Inorganic, and Physical Chemistry with weights between 15%-30%.
- Qualifications for Chemical Technician: Filipino or reciprocal foreign citizen, good character, completion of at least 30 chemistry units including General, Analytical, and Organic Chemistry (lecture and lab).
- Technician exam covers practical lab work in Analytical and Organic Chemistry with equal weights.
- Exams held at least once annually.
- Passing rates: 70% general average, no subject below 50%; passing two chemist subjects qualifies as technician.
- Doctoral degree holders in Chemistry may register without exam upon showing active practice.
- Temporary/special permits for foreign experts or lecturers limited to specific projects or teaching, valid up to three years and renewable.
- Professional oath required before registration.
- Issuance of certificates of registration and professional ID cards upon passing and payment of fees.
- ID valid for 3 years, renewable, barring suspension or revocation.
- Registered chemists must indicate CR and PTR numbers on official documents.
- Revocation or suspension of registration for dishonesty, immorality, criminal conviction, unsoundness of mind, or acts inimical to the profession.
- Reissuance possible upon petition.
Membership and Continuing Professional Development
- Registered chemists must maintain regular membership in the Accredited Professional Organization (APO).
- Chemical technicians must be associate members.
- CPD programs established and administered by a Council composed of Board, APO, and academe representatives.
Registry and Seals
- PRC keeps updated rosters of registered chemists, chemical technicians, and laboratories.
- Registered chemists must secure an official seal with their name and registration number, used to stamp official documents.
Foreign Reciprocity and Practice
- Foreign chemists can only be registered if their country grants the same privileges to Filipino chemists.
Firms and Laboratories
- Firms, corporations, and government agencies must have certificates of authority from the Board to operate chemical laboratories or practice chemistry.
- Operations must be conducted by registered chemists or technicians.
- Officers managing such entities are liable for violations.
- Board sets requirements for certificates of authority.
Penal Provisions
- Unauthorized practice without valid registration or permit is punishable by imprisonment (1 month to 1 year), fines (P100,000 to P1,000,000), or both.
- Illegal operation of chemical laboratories by entities and their officers carries similar penalties.
- False or unverified chemistry documents not admissible unless signed and sealed by registered professionals.
Professional Practice and Allied Professions
- Registered chemists cannot be restricted from practicing within their scope.
- This Act does not bar practice of allied professions within their lawful scope.
Benefits and Protections
- Registered chemists and chemical technicians exposed to chemicals are entitled to hazard pay, health and accident insurance.
- Legal assistance provided for civil or criminal suits arising from good faith chemistry work.
Transitory Provisions
- Current Board members continue for two more years or current term.
- Automatic registration of chemists and technicians registered under the previous law, maintaining registration numbers and validity.
- Three years to obtain official seal and to comply with Act provisions.
- Three-year grace period to fulfill teaching requirements for professional chemistry subjects.
Final Provisions
- Board to promulgate implementing rules and ethics codes within 60 days.
- Commission includes law’s implementation in its program with funding from the General Appropriations Act.
- Separability clause maintains validity of remainder if any provision is void.
- Repeals Republic Act No. 754 and conflicting laws.
- Takes effect 15 days after publication in the Official Gazette or newspaper of general circulation.