Regulating Chemistry Practice in the Philippines

Core definitions and laboratory scope

Section 3(a) defines Chemistry as the study, analysis, modification, and calculations of physico-chemical or biochemical properties of matter, including atomic, molecular, surface, and supramolecular composition, structure, properties, reactions, energy involved, and conditions of change; it includes biochemistry for purposes of the Act.
Section 3(b) defines Registered chemist as a person engaged in the professional practice of chemistry who is duly registered with the Board of Chemistry and the Professional Regulation Commission (PRC), with authority to undertake the professional practice.
Section 3(c) defines Registered chemical technician as a person engaged in work of chemical analysis who is duly registered with the Board of Chemistry.
Section 3(d) defines Chemical analysis as physico-chemical or biochemical procedures covering measurement, methods, determination of quantity/nature/structure, sample preparation, separation/purification, calculations of properties/concentrations, computational methods, and other analytical methods characterizing matter at the atomic, molecular, or supramolecular level.
Section 3(e) defines Chemical synthesis as preparation of a compound/chemical entity from elements or other compounds/entities by one or more chemical reactions, including both chemical synthesis (may use catalysts) and biochemical synthesis (uses enzymes and other biological compounds).
Section 3(f) defines Chemical laboratory as a facility where activities under Section 3(d) and Section 3(e) are performed; activities outside a traditional laboratory (e.g., factory, mobile laboratory, field analysis) are also considered a chemical laboratory, and the head of a chemical laboratory must be a registered chemist.

Professional practice: what registered persons do

Section 4 provides that the professional practice of chemistry covers services related to public interest, public safety, and legal or regulatory matters.
Section 4(a)-(k) enumerates the functions of registered chemists, including:
- performing chemical analysis or chemical synthesis;
- certification of chemical analysis or synthesis;
- inspection of a laboratory regarding chemical/biochemical activities;
- certification of a laboratory regarding chemical/biochemical activities;
- supervision of a chemical laboratory;
- supervision of chemical analysis or synthesis, whether or not performed in a laboratory;
- teaching, lecturing, and reviewing professional chemistry subjects in the BS Chemistry curriculum, the chemistry licensure examination subjects, and other educational/training/review institutions or certification bodies;
- consultation, investigation, or research on physico-chemical or biochemical matters involving public interest, public safety, laws, or regulations, with a requirement to affix signature, license number, and official seal on certification reports submitted;
- sale of chemicals, chemical apparatus, or chemical equipment;
- supervision of sale of chemicals, apparatus, or equipment; and
- management-related functions including chemical safety, chemical waste management, pollution control, and similar functions.
Section 4 authorizes the Chemistry Board, subject to Commission approval, to revise, exclude from, or add to the enumerated acts/activities to conform to latest trends.
Section 5 limits the professional practice of chemical analysis to performance of physico-chemical/biochemical analysis, chemical/biochemical synthesis, and sale of chemicals/equipment only under supervision of a registered chemist.
Section 5 requires that any report on chemical analysis or synthesis must be signed by and bear the license number of the chemical technician who performed the analysis.
Section 5 treats chemical technicians’ signed reports as required for chemical analysis/synthesis reports.

Chemistry Board: creation, structure, and powers

Section 6 creates the Professional Regulatory Board of Chemistry under the administrative control and supervision of the PRC, composed of a Chairperson and two (2) members.
Section 6 provides appointment mechanics: the President appoints from a list of three (3) recommendees for each position ranked by the Commission from a list of five (5) nominees for each position submitted by the accredited professional organization (APO) of chemists.
Section 7 empowers the Board to supervise and regulate the chemistry profession in accordance with the Act.
Section 7 requires the Board to determine requirements and evaluate qualifications for registration/renewal of licenses of registered chemists and chemical technicians.
Section 7 directs the Board to prescribe licensure examination subjects, determine syllabi and relative weights, construct test questions, and submit examination results to the Commission.
Section 7 authorizes the Board, together with the Commission, to issue certificates of registration to persons admitted to the chemistry and chemical analysis professions.
Section 7 tasks the Board with overseeing Continuing Professional Development (CPD) for professional chemists and chemical technicians.
Section 7 requires the Board, in consultation with the APO for chemistry, private industry, and relevant government agencies, to determine requirements for chemistry laboratories and other entities engaged in the practice of chemistry for registration/renewal of permit, and to issue, together with the Commission, a certificate of authority to operate to compliant entities.
Section 7 authorizes and mandates on-site inspection of chemistry laboratories and other entities, with assistance from the APO.
Section 7 requires the Board to inquire into conditions affecting the practice of the profession and adopt measures to enhance and maintain high professional, ethical, and technical standards.
Section 7 mandates the Board to adopt and promulgate a Code of Ethics and Code of Good Governance for the practice of chemistry.
Section 7 authorizes the Board to issue subpoena ad testificandum and subpoena duces tecum for administrative cases before the Board.
Section 7 provides that the Board shall hear and decide administrative cases filed against chemists, chemical technicians, and owners/administrators of chemical laboratories; hearings must be presided over by the Chairperson or a member with assistance of an attorney from the Commission, with decisions by majority of the Board.
Section 7 provides an appeal period: the Board decision may be appealed to the Commission not later than the fifteenth (15th) day from notice; otherwise, the decision becomes final and executory.
Section 7 authorizes the Board to administer oaths, adopt IRR, and perform other functions necessary to implement the Act.

Board appointments, qualifications, and governance

Section 8 requires the Chairperson and members to be:
- citizen and resident of the Philippines;
- of good moral character and sound mind;
- holders of at least a Master’s degree in Chemistry recognized by CHED or a reputable foreign university;
- registered chemists with at least ten (10) years active practice;
- without pecuniary interest, directly or indirectly, in any higher educational institution conferring necessary academic degrees or offering/ conducting review classes for the licensure examination; and not a faculty or administration member of such institutions;
- members in good standing of the APO;
- not an officer or trustee of the APO; and
- not convicted by a court of competent jurisdiction of an offense involving moral turpitude.
Section 9 sets a term of three (3) years from appointment or until successors are appointed.
Section 9 authorizes reappointment for another term of three (3) years immediately after expiry.
Section 9 caps service at not more than two (2) terms or not more than six (6) years, whichever is longer.
Section 9 provides initial transitional terms for the first Board: Chairperson three (3) years, first member two (2) years, second member one (1) year.
Section 9 provides that an appointee to a vacancy with an unexpired period serves only the unexpired portion.
Section 9 requires the Chairperson and members to take their oaths of office.
Section 10 provides that their compensation and allowances are comparable to other professional regulatory boards under the PRC as provided in the General Appropriations Act.
Section 11 mandates PRC to keep Board records, and requires PRC to designate the Secretary of the Board and provide secretariat and support services to implement the Act.
Section 12 authorizes the President to remove or suspend Board officials upon the Commission’s recommendation after due process and administrative investigation.
Section 12 enumerates grounds for removal/suspension, including:
- gross neglect, incompetence, or dishonesty;
- violation of causes/grounds and prohibited acts under the Act and offenses under the Revised Penal Code, Anti-Graft and Corrupt Practices Act, and other laws; and
- manipulation/rigging of licensure results, disclosure of examination questions before the exam, or tampering of grades, with investigation guided by Section 7 of Republic Act No. 8981 (PRC Modernization Act of 2000), administrative investigation rules, and the applicable provisions of the new Rules of Court.
Section 13 requires the Board to submit an annual report to the Commission after each fiscal year and hold at least one meeting per year with the APO, representatives of chemistry departments in higher education institutions, and CHED.

Licensure, registration, and examination requirements

Section 14 prohibits any person from practicing or offering to practice chemistry or chemical analysis in the Philippines without first obtaining a certificate of registration from the Board and a professional identification card, unless exempt from registration or requirements.
Section 15 requires all applicants for registration to pass the licensure examination prescribed by the Act, unless otherwise provided.
Section 16 sets qualifications for chemist applicants:
- citizenship/reciprocity (citizen and resident of the Philippines or foreign citizen whose country/state has reciprocity);
- good moral character and sound mind;
- a BS Chemistry or allied degree under CHED-supervised curricula, with at least sixty (60) university units in chemistry including all professional chemistry courses;
- evaluation allowance for allied degrees from reputable foreign universities whose curriculum includes all professional chemistry courses, including Board evaluation of such applicants; and
- no conviction by a court of competent jurisdiction of a crime or offense involving moral turpitude.
Section 17 sets scope of the chemistry licensure examination: Analytical Chemistry, Organic Chemistry, Biochemistry, Inorganic Chemistry, and Physical Chemistry.
Section 17 sets subject weight limits: relative weight of any subject must not exceed thirty percent (30%) or be less than fifteen percent (15%) of the total.
Section 17 authorizes the Board to modify coverage based on developments in chemistry and practice, after consulting with CHED and the APO, and requires announcement of revisions at least two (2) years prior to inclusion in the Board examination.
Section 18 sets qualifications for chemical technician applicants:
- Philippines citizenship or foreign citizenship granting corresponding privilege;
- good moral character and sound mind; and
- successful completion of at least thirty (30) units of undergraduate chemistry courses from a CHED- or TESDA-recognized institution, including lecture and laboratory courses in General Chemistry, Analytical Chemistry, and Organic Chemistry, with a certified true copy of transcript of records accompanying the application.
Section 19 sets scope of chemical technician licensure examination: practical aspects of laboratory work in Analytical Chemistry and Organic Chemistry with equal weights; modifications require Board consultation with CHED, TESDA, and the APO, and announcement two (2) years prior to inclusion.
Section 20 requires the Board’s licensure examination to be held at least once each calendar year on the date and venue prescribed by the Commission under the PRC modernization framework.
Section 21 requires applicants admitted to take the chemistry examination to pay fees prescribed by the Commission before taking the examination.
Section 22 sets passing/rating requirements:
- For chemists: general average of at least seventy percent (70%) and no rating less than fifty percent (50%) in any subject.
- For chemical technicians: overall average of at least seventy percent (70%) and no rating less than fifty percent (50%) in any subject.
- If a chemist examinee passes any two (2) subjects, the examinee automatically qualifies as a chemical technician.
Section 22 requires release of results not later than the tenth (10th) day from the last day of the examination.
Section 23 grants examination exemption for chemists: holders of a doctoral degree in Chemistry from a reputable university may apply for registration without examination, subject to submission of undergraduate and graduate diplomas, transcripts, and doctoral thesis cover pages, plus evidence of active practice; the Board may require presentation of the thesis and other evidence of competence/achievement.
Section 24 authorizes issuance of temporary/special permits:
- to foreign-based chemists recognized as experts invited by the Republic for consultation or a specific project, with practice confined to such work; and
- to foreign-based chemists contracted as professors or lecturers on chemistry subjects on a direct hire or exchange basis by Philippine schools/colleges/institutes/universities.
Section 24 limits temporary/special permit validity to a period not exceeding three (3) years, allows renewal under Board rules and regulations, and requires the permit to indicate the validity period; complaints/questions must be directed to the Board for verification or action.
Section 25 requires all persons admitted to practice as registered chemists or registered chemical technicians to take an oath before the Board or an officer authorized by the Commission prior to issuance of the certificate of registration.
Section 26 requires issuance of certificate of registration by the Board to examinees who passed the relevant licensure examination upon payment of fees prescribed by the Commission.
Section 26 requires the certificate of registration to state the registrant’s full name and registration number, bear the signatures of the Chairperson of the Commission and the Chairperson and members of the Board, and be authenticated by the official seal of both the Commission and the Board; the certificate remains in full force unless suspended or revoked under the Act.
Section 27 requires issuance of a professional identification card to holders of valid certificates of registration, subject to fees prescribed by the Commission, stating full name and registration number and bearing required signatures and official seals.
Section 27 sets validity of the professional identification card at three (3) years, subject to renewal, provided the certificate of registration is not suspended or revoked.
Section 28 requires registered chemists to indicate on all official documents their Certificate of Registration (CR) Number and Professional Tax Receipt (PTR) Number, their dates/places of issuance, and expiration date.
Section 29 authorizes the Board, upon notice and hearing, to revoke or suspend a registered chemist’s certificate of registration or cancel a temporary/special permit of a foreign chemist, and allows reissuance of revoked certificates upon proper petition for reasons deemed sufficient.
Section 29 provides grounds for revocation/suspension/cancellation:
- misrepresentation, dishonesty, unethical conduct, gross incompetence connected with chemistry services, or acts inimical to the profession;
- immorality or acts involving moral turpitude;
- conviction by final judgment of any criminal offense; or
- judicial declaration of unsound mind.

Membership, CPD, rosters, seals, and reciprocity

Section 30 requires registered chemists and registered chemical technicians to maintain regular and associate membership, respectively, in the APO.
Section 30 clarifies that APO membership does not hinder membership in other associations.
Section 31 requires CPD guidelines to be prescribed and promulgated by the Board subject to Commission approval, and requires the Board to create a CPD Council to administer the program.
Section 31 requires CPD Council composition: a Chairperson from the Board, a member from the APO, and a member from the academe.
Section 32 requires the Commission to keep a roster of all registered chemists and chemical technicians including names, registration numbers, and places of business, regularly update it, and make it available to interested parties.
Section 33 requires each registered chemist, upon registration, to obtain a seal labeled “Registered Chemist” bearing the registrant’s name and registration number, and requires official documents/reports requiring certification/signature to be stamped with the personal seal.
Section 34 establishes reciprocity: no foreign chemist receives certificate/license or professional identification card or privileges under the Act unless the foreign chemist’s country/state permits Filipino chemists to practice within its territorial limits on the same basis.
Section 37 requires the Commission to keep and regularly update a roster of all chemical laboratories and entities engaged in chemistry practice, including business addresses and registration numbers.

Certificate of authority to operate

Section 35 provides that only firms, corporations, and government agencies duly authorized by the Board and holding a valid certificate may operate a chemical laboratory or engage in chemistry/chemical analysis practice in the Philippines.
Section 35 requires that chemistry practice by authorized entities be carried out only by registered chemists or registered chemical technicians holding valid certificates and professional identification cards.
Section 35 provides personal liability for violations: the person or officer charged with management/administration of such firm/corporation/government agency shall be personally liable.
Section 36 directs the Board, in consultation with relevant entities and the APO, to set requirements for issuance of the certificate of authority to operate for chemical laboratories or to engage in chemistry/chemical analysis practice.
Section 36 provides that the requirements shall be issued as Board resolutions.

Prohibitions, official documents, and legal safeguards

Section 38 provides that no person may undertake chemistry or chemical analysis professional practice without a valid certificate of registration and professional identification card, including when a person:
- practices without valid certificates/identification card or without a valid temporary/special permit;
- attempts to use another person’s certificate/license number/seal or impersonates a registered chemist/chemical technician;
- abets illegal practice by an unregistered/unauthorized person;
- furnishes false information or documents to secure a certificate of registration;
- impersonates a registered chemist or a holder of a temporary/special permit.
Section 38 sets penalties upon conviction for imprisonment for not less than one (1) month but not more than one (1) year, or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than one million pesos (P1,000,000.00), or both, at the discretion of the court.
Section 39 prohibits any chemical laboratory or firm from undertaking activities covered by the Act without a valid authority to operate.
Section 39 makes the president or highest-ranking officer liable for violations.
Section 39 sets the same penalty ranges upon conviction: imprisonment for not less than one (1) month but not more than one (1) year, or P100,000.00 to P1,000,000.00 fine, or both, at the court’s discretion.
Section 40 requires that any document related to the practice of chemistry is not official or admissible for legal purposes unless signed by a registered chemist and bearing the chemist’s registration number.
Section 40 requires that a registered chemical technician who performs a chemical analysis test in conjunction with a test/task performed by a registered chemist must also sign the report/document and affix registration number and official seal.
Section 41 protects licensed chemists: a duly licensed professional chemist cannot be prevented from practicing chemistry if the work is within the scope of practice of chemistry or chemical analysis.
Section 41 protects legally recognized allied professions when their activity is within the allied profession’s scope.
Section 42 entitles registered chemists and registered chemical technicians exposed to chemicals as part of regular responsibilities to hazard pay and health and accident insurance coverage commensurate to the risk involved.
Section 42 entitles registered chemists and registered chemical technicians facing civil or criminal suits arising from chemistry work done in good faith to legal assistance provided by the employer/laboratory for whom the work was performed.

Implementing, appropriations, and transitional rules

Section 43 provides that incumbent Board members at the time of approval automatically function for another two (2) years from the date of effectivity of the Act or for the duration of their current term, whichever is longer.
Section 43 requires the Board to promulgate provisions, rules, and regulations for implementation after the transitional period stated.
Section 44 provides automatic vested rights: chemists and chemical technicians registered under Republic Act No. 754 at the time of effectivity are automatically considered registered under this Act and retain the same registration number.
Section 44 provides continuity: the validity and period of existing professional license continues in force until its expiry date.
Section 45 mandates seal preparation: within three (3) years from effectivity, all duly registered chemists with a valid professional license must obtain an official seal labeled “Registered Chemist” bearing name and registration number; certified/signature-required documents must be stamped with the personal seal.
Section 46 establishes a three (3)-year grace period for individuals and institutions to comply with the Act.
Section 46 extends grace period to those teaching professional chemistry subjects at effectivity, requiring fulfillment of:
- completion of at least sixty (60) units of chemistry subjects including all professional chemistry subjects, including chemistry subjects taken before or after effectivity;
- satisfactory teaching of these subjects for at least three (3) years on effectivity;
- compliance with all other reasonable requirements/criteria set by the Board to demonstrate competence to teach; and
- active participation in CPD for chemistry.
Section 46 provides that after the three (3)-year grace period, those teachers must submit certified true copies of relevant transcripts for evaluation; those who fulfill requirements are issued a special permit to teach professional chemistry subjects, and such permission is not construed as permission to practice chemistry.
Section 47 requires the Board, subject to Commission approval, within sixty (60) days, to adopt and promulgate the IRR and the Code of Ethics for the practice of chemistry, and other resolutions necessary to carry out the Act.
Section 48 directs the Chairperson of the PRC to immediately include in the Commission’s programs the implementation of the Act, with funding included in the annual General Appropriations Act.
Section 49 includes a separability clause: if any section is declared unconstitutional or invalid, other sections remain effective.
Section 50 repeals Republic Act No. 754 and all other laws, parts of laws, orders, ordinances, or regulations in conflict with the Act.
Section 51 sets effectivity: the Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.

Issuance details and passage dates/effectivity

Republic Act No. 10657 is approved on March 27, 2015.
Republic Act No. 10657 took effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation under Section 51.
The Act was passed by the House of Representatives as House Bill No. 5016 on October 29, 2014 and adopted by the Senate as an amendment to Senate Bill No. 914 on January 26, 2015.