Law Summary
Enforcement Agencies
- Creation of the Board of Medical Education under the Department of Education.
- Creation of the Board of Medical Examiners under the Commissioner of Civil Service.
Composition and Functions of the Board of Medical Education
- Members include: Secretary of Education (Chairman), Secretary of Health, Director of the Bureau of Private Schools, Chairman of the Board of Medical Examiners, a representative from private practitioners, and one from the Philippine Association of Colleges and Universities.
- Members hold office during incumbency of their respective positions.
- No compensation except travel expenses.
- Functions include:
- Setting minimum admission requirements.
- Prescribing minimum physical facilities and equipment for medical colleges.
- Establishing qualifications and numbers of teaching personnel.
- Regulating the number of admitted preparatory course students.
- Selecting approved hospitals for training.
- Enforcing rules for medical education.
Minimum Required Courses and Education Standards
- Admission requires a Bachelor of Science or Arts or equivalent with prescribed units in English, Latin, Math, Philosophy, Zoology, Physics, Chemistry, Library Science, Humanities, Social Sciences, and Spanish.
- Provisions for accelerated completion of preparatory courses based on academic performance.
- Medical course must be at least five years including an eleven-month internship.
- Subjects include Anatomy, Physiology, Biochemistry, Pharmacology, Microbiology, Medicine, Pediatrics, Surgery, Preventive Medicine, Medical Jurisprudence, among others.
Admission Requirements for Medical Colleges
- No conviction of moral turpitude offenses.
- Submission of certificates for completion of required education and good moral character.
- Right to impose additional entrance criteria.
- Definition of "College of Medicine" includes faculties, institutes, or schools offering full medical courses.
- Record-keeping and annual publication requirements for colleges.
Registration and Practice of Medicine
- Practice of medicine requires a minimum age of 21, passing the board exam, and holding a valid registration certificate.
- Qualifications for board exam candidates include Philippine citizenship or reciprocal foreign citizenship, good moral character, sound mind, and possession of an appropriate medical degree.
- Acts constituting medicine practice include physical examination, diagnosis, treatment, and using the title M.D.
Exemptions from Registration
- Medical students under supervision, registered dentists, masseurs/physiotherapists under orders by physicians, registered optometrists, emergency service providers without fees, and certain psychologists with physician collaboration.
Limited Practice without Certificate
- Foreign physicians called for consultation, US armed forces medical officers, exchange professors, and authorized medical students or nurses during emergencies may practice under restrictions without registration.
Board of Medical Examiners Composition and Duties
- Six members appointed by the President from a list by the Philippine Medical Association.
- Chairman elected among members.
- Members should not exceed certain common affiliations.
- Duties include conducting examinations, grading, approving results, issuing certificates.
Qualifications and Tenure of Board Examiners
- Must be natural-born Filipino citizens, registered physicians with at least 10 years practice, good moral character, and free from conflicts of interest.
- One-year term with possible one-year reappointment.
- Compensation based on number of examinees.
- Removal possible for neglect, incompetence, or unprofessional conduct.
Administrative and Examination Procedures
- Secretary keeps records and examination materials.
- Examinations held biannually with notice.
- Fees set for registration and exams, funds used to pay members.
- The scope includes various basic sciences, clinical subjects, and medical jurisprudence.
- Passing requires minimum grades overall and in major subjects.
Board’s Investigative and Disciplinary Powers
- Administers oaths, studies medical practice conditions, subpoenas witnesses, enforces ethical and professional standards.
- Can reprimand, suspend, or revoke registrations following investigations.
- Investigations must have a quorum and observe rules of evidence.
Grounds for Discipline
- Include conviction for moral crimes, immoral conduct, insanity, fraud, negligence causing injury/death, addiction, false advertising, aiding abortion, false certificates, defamation, and ethical violations.
- Refusal to treat in lethal risk situations is not automatic ground for revocation.
Rights of Accused Physicians
- Right to counsel, speedy/public hearing, confront witnesses, and other constitutional protections.
Appeals and Reinstatement
- Decisions by the Board become final after 30 days unless appealed.
- Appeals proceed to Commissioner of Civil Service and Presidential officer.
- Judicial review or certiorari available.
- Reinstatement possible after two years if conduct has been exemplary.
Penalties for Illegal Practice
- Fines ranging from ₱1,000 to ₱10,000 and/or imprisonment from 1 to 5 years.
Injunctions Against Illegal Practice
- Board may seek court injunctions to stop illegal practice.
- Contempt charges for violations.
- Injunctions do not preclude criminal prosecution.
Appropriation
- ₱20,000 appropriated from the National Treasury for Act implementation.
Repealing Clause and Effectivity
- Existing inconsistent laws and orders are repealed or modified.
- Act takes effect upon approval or after ongoing exams.
- Specific provisions on course requirements become effective in academic year 1960-1961.