R.A. 7431
REPUBLIC ACT NO. 7431
AN ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE PHILIPPINES, CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES.
Section 1. Title. — This Act shall be known and cited as the “RadiologicTechnology Act of 1992.”
Sec. 2. Statement of Policy. — It is the policy of the State to upgrade thepractice of radiologic technology in the Philippines for the purpose of protecting the public from the hazards posed by radiation as well as to ensure safe and proper diagnosis, treatment and research through the application of machines and/or equipment using radiation.
Sec. 3. Definition of Terms. — As used in this Act the following terms andshall mean:
(a) “X-ray technology” is an auxiliary branch of radiology which deals with the technical application of x-rays as aid in the diagnosis of diseases and injuries;
(b) “Radiologic technology” is an auxiliary branch of radiology which dealswith the technical application of radiation, such as x-rays, beta rays, gamma rays, ultrasound and radio frequency rays, in the diagnosis and treatment of diseases;
(c) “X-ray technologist” is a bona fide holder of a certificate of registrationfor x-ray technology issued by the Board of Radiologic Technology in accordance with this Act;
(d) “Radiologic Technologist” is a bona fide holder of a certificate ofregistration for radiologic technology issued by the Board of RadiologicTechnology in accordance with this Act;
(e) “Radiology” is a branch of medical science, which deals with the use ofradiation in the diagnosis, treatment and research of diseases;
(f) “Radiologist” is a licensed physician who specializes in the diagnosis ortreatment of disease with the use of radiation;
(g) “Medical physicist” is a physicist who specializes in the application ofthe principles and techniques of physics in medicine;
(h) “Board” refers to the Board of Radiologic Technology; and
(i) “Commission” refers to the Professional Regulation Commissioncreated under Presidential Decree Numbered Two hundred andtwenty-three.
Sec. 4. Practice X-ray Technology. — The practice of x-ray technologyshall include any and all acts by which one renders, furnishes, or contracts to render or furnished professional service as an x-ray technologist.
An x-ray technologist shall also be considered in the practice of his profession if the nature and character of his employment requires professional knowledge in the art and science of x-ray technology and such employment or position requires that the holder thereof be an x-ray technologist.
Nothing in this Act shall be construed to disqualify other professionals dulyregistered with the Professional Regulation Commission from performing any of the acts abovementioned; Provided, that under the law or laws governing their respective professions, they may perform the said acts; Provided, further, That no person shall use the title “X-ray Technologist” or any other title conveying the impression that he is an x-ray technologist without having been issued a certificate of registration as x-ray technologist by the Commission in the manner provided in this Act.
Sec. 5. Practice of Radiology Technology. — The practice of radiologictechnology shall include any and all acts by which one renders, furnishes, or contracts to render or furnish professional service as a radiologic technologist.
A radiologic technologist shall also be considered in the practice of his profession if the nature and character of his employment requires professional knowledge in the art and science of radiologic technology, and such employment or position requires that the holder thereof be a radiologic technologist.
Nothing in this Act shall be construed to disqualify other professionals dulyregistered with the Professional Regulation Commission from performing any of the acts abovementioned: Provided, That under the law or laws governing their respective professions, they may perform the said acts: Provided, further, that no person shall use the title “Radiologic Technologist” or any other title conveying the impression that he is a radiologist technologist without having been issued a certificate of registration as radiologic technologist by the Commission in the manner provided in this Act.
Sec. 6. Creation of the Board of Radiologic Technology. — There is herebycreated a Board of Radiologic Technology which shall be composed of aChairman and four (4) members, all of whom shall be appointed by the President of the Philippines upon the recommendation of the Professional Regulation Commission. The Commission shall recommend three (3) radiologic technologists from a list to be submitted by the Association of radiologic technologists; one (1) radiologist from a list to be submitted by the association of radiologists; and one (1) medical physicist from a list to be submitted by the association of medical physicists: Provided, however, That the said associations are accredited in accordance with Presidential Decree Numbered Two hundred and twenty-three: Provided, further, That each person whose name is submitted shall possess the qualifications prescribed in Section 7 of this Act.
Sec. 7. Qualifications of Board Members. —
a) Each member of the Board shall at the time of his appointment:(1) Be a citizen and resident of the Philippines;(2) Be of good moral character;(3) Be at least thirty (30) years of age; and(4) Is neither a member of the faculty, whether full time, part time or lecturer, of any school, college or university where a regular course in radiologic technology is taught, nor has any pecuniary interest, directly or indirectly, in such institution during his term of office as a Board member.
(b) Three (3) members of the Board, including the Chairman, shall at thetime of their appointment:(1) Be radiologic technologist; and(2) Have at least ten (10) years practice as radiologic technologists prior to their appointment; Provided, that the three (3) radiologic technologists appointed as members of the first Board shall be deemed automatically registered as radiologic technologists upon assumption of their duties as members.
(c) One (1) member of the Board shall at the time of his appointment:(1) Be a radiologist; and(2) Has at least ten (10) years practice as a radiologist prior to hisappointment.
(d) One (1) member of the Board shall at the time of his appointment:(1) Be a medical physicist; and(2) Has at least ten (10) years practice as a medical physicist.
Sec. 8. Term of Office. — The members of the Board shall hold office for aterm of three (3) years from the date of their appointment until their successors shall have been appointed and duly qualified; Provided, That the first appointees to the Board shall hold office for the following terms: the Chairman for three (3) years; two (2) members for two (2) years and two (2) members for one (1) year. Vacancies shall be filled only for the unexpired term.
Sec. 9. Duties and functions of the Boards. — The Board shall have thefollowing duties and functions:
(a) To enforce the provisions of this Act;
(b) To administer oaths in accordance with the provisions of this Act;
(c) To issue and, after due investigation, suspend or revoke certificates ofregistration for the practice of radiologic technology and x-ray technology;
(d) To investigate any violation of this Act of the rules and regulations issued thereunder, as may come to the knowledge of the Board and, for this purpose, to issue subpoena and subpoena duces tecum to alleged violators or witnesses to secure their attendance in investigations or hearings, and the production of books, papers and documents in connection therewith and compel their attendance by the power to cite and punish for contempt;
(e) To conduct yearly board examinations to radiologic technology and x-ray technology examinees under the supervision of the Professional Regulation Commission;
(f) To look, from time to time, into the condition affecting the practice ofradiologic technology and x-ray technology in the Philippines, and adopt such measures as may be deemed necessary for the maintenance of the standards and ethics of the profession;
(g) To promulgate 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 thereof by the Commission; and
(h) To adopt a seal to authenticate its official documents. The Board shall exercise these powers and duties in accordance with Presidential Decree Numbered Two Hundred and twenty-three.
Sec. 10. Compensation of the Board. — The members of the Board shalleach receive the same compensation as members of other Boards under the supervision of the Commission as provided for in the General Appropriations Act.
Sec. 11. Removal of Board Members. — Any member of the Board may beremoved from office by the President upon the recommendation of theCommission for neglect of duty, incompetence or unprofessional, immoral, or dishonorable conduct, or commission or toleration of irregularities in the conduct of the examinations, after having been given the opportunity to defend himself in a proper administrative investigation conducted by the Commission.
Sec. 12. Supervision of the Board and Custody of its Records. — Themembers of the Board shall be under the general supervision of theCommission. No record shall be removed, altered or examined without the prior authorization of the Board. All records, including examination papers, examination results, minutes of deliberation, records of administrative cases and investigations of the Board shall be kept by the Commission.
Sec. 13. Rules and Regulations. — Subject to the approval of theCommission, the Board shall set ethical and professional standards for thepractice of radiologic technology and x-ray technology and adopt such rules and regulations as may be necessary to carry out the provisions of this Act. Such standards, rules and regulations shall take effect one (1) month after publication in any newspaper of general circulation.
Sec. 14. Annual Report. — The Board shall, at the end of each calendaryear, submit to the Commission an annual report of its activities and proceedings during the year. Other information or data may be requested by the Commission as often as may be necessary and practicable.
Sec. 15. Requirement for the Practice of Radiologic Technology and X-rayTechnology. — Unless exempt from the examinations under Sections 16 and 17 hereof, no person shall practice or offer to practice as a radiologic and/or x-ray technologist in the Philippines without having obtained the proper certificate of registration from the Board.
Sec. 16. Exemption from Examination in X-ray Technology. — Examinationshall not be required of the following persons:
(a) The first members of the Board of Radiologic Technology as provided in Section 7(b) hereof; and
(b) Those who, prior to the approval of this Act, have passed the Civil Service examination for x-ray technicians, or the examination for the private sector x-ray technicians, or the examination for chest x-ray technicians, or the proficiency examination for medical radiation technicians administered by the Department of Health through its Radiation Health Office, Radiological Health Service, of Radiation Health Service. Those so exempt under the aforementioned categories shall register with the Board after they shall have complied with the requirements for registration as radiologic technologists.
Sec. 17. Exemption from examination in Radiologic Technology. —Examination shall not be required of the following persons:
(a) The first members of the Board of Radiologic Technology as provided in Section 7(b) hereof,
(b) Radiologists from other countries invited for lectures of consultation or as visiting or exchange professors to colleges or universities duly recognized by the Government: Provided, that such radiologic technologists are legally qualified to practice as such in their own state or country: Provided, further, That they shall first secure a special permit from the Board which shall be valid as the Board may determine: Provided, finally, That the privilege granted in this subsection shall be given only to radiologic technologists from countries giving similar privilege to their Filipino counterparts;
(c) Those who, prior to the approval of this Act, have passed the proficiency examination for medical radiation technologists administered by the Department of Health through its Radiation Health Office, Radiological Health Service, or Radiation Health Service; and
(d) Those who prior to the approval of this Act, have passed the Civil Service examination for x-ray technicians, or the examination for private sector x-ray technicians, or the proficiency examination for medical radiation technicians administered by the Department of Health through its Radiation Health Office, Radiological Health Service or Radiation Health Service, with ten (10) years continuous practice of radiologic technology after passing one of these aforementioned examinations.
Those falling under categories (a), (c) and (d) shall register with the Board after they shall have complied with the requirements for registration as radiologic technologists.
Sec. 18. Examination Required. — Except as otherwise specifically allowedunder the provisions of this Act and other exiting laws, all applicants forregistration as radiologic technologists and x-ray technologists shall be required to undergo an examination which shall be given once a year by the Board, through the Commission, according to its rules and regulations and at such time and place as may be determined by the Commission.
Sec. 19. Qualifications for Examination. — Every applicant for examinationunder this Act shall, prior to admission for examination establish to thesatisfaction of the Board that he:
(a) Is a Filipino citizen:
(b) Is of good moral character and has not been convicted of a crime involving moral turpitude; and
(c) Is a holder of a baccalaureate degree in radiologic technology from a school, college or university recognized by the Government if he applies for the radiologic technology examination or is a holder of an associate in radiologic technology diploma from a school, college or university recognized by the Government if he applies for the x-ray technology examination.
Sec. 20. Scope of Examination in X-ray Technology. — Unless changed ormodified by the Board, the examination in x-ray technology shall cover thefollowing subjects with the corresponding weights as follows:
(a) Radiation Physics 10%Radiology and Radiation Protection 10%Equipment Maintenance 10%(b) Radiographic Positioning 10%Radiographic Technique 10%Special Procedures 10%(c) Anatomy, Physiology and Medical Terminology 15%(d) Photochemistry and Darkroom Procedures 10%(e) Film Analysis 5%(f) Nursing and Departmental Procedures in Radiology 5%(g) Professional Ethics 5%
Sec. 21. Scope of Examination in Radiologic Technology. — Unlesschanged or modified by the Board, the examination in radiologic technology shall cover the following subject with the corresponding weights as follows:
(a) Radiation Physics and Equipment Maintenance 10%Radiobiology and Radiation Protection 10%(b) Radiographic Positioning 10%Radiographic Technique 10%Special Procedures 10%(c) Anatomy, Physiology and Medical Terminology 10%(d) Photochemistry and Film Analysis 10%(e) Nursing and Department Proceduresin Radiology and Professional Ethics 5%(f) Ultrasound 5%(g) Radiation Therapy 5%(h) Nuclear Medicine 5%(i) Radiologic Pathology 5%(j) Computed Tomography/MagneticResonance Imaging 5%
Sec. 22. Report of Ratings. — The Board shall, within one hundred twenty(120) days after the date of completion of the examination, report the rating obtained by each candidate to the Commission which shall submit such report to the President of the Philippines for approval. In order to pass the examination, a candidate must obtain a weighted average of at least 75% with no rating below 60% in any subject. An examinee who obtains an average rating of 75% or higher but gets a rating below 60% in any subject shall be allowed to take a reexamination in only those subjects in which he obtained a rating below 60%. Such examination shall, as far as practicable, be taken in the next scheduled examination. In order to pass the second examination, the examinee must obtain a rating of 75% in each of the subjects repeated. If the candidate still fails the reexamination, he shall as far as practicable, be required to repeat said subjects during the succeeding examination. When an applicant fails to qualify after the third examination, he shall be required to take the entire examination.
Sec. 23. Oath-taking. — All successful examinees shall be required to take aprofessional oath before the Board or before any person authorized by the Board to administer oaths prior to the practice of their profession as radiologic technologists and/or x-ray technologists.
Sec. 24. Issuance of Certificates of Registration. — Every applicant who hassatisfactorily passed the required examination shall, upon payment of theregistration fee as provided in Section 25, be issued a certificate of registration as radiologic technologist and/or x-ray technologist. The Board shall, subject to review by the Commission, issue the corresponding certificates to persons who apply for the same who are exempt from the examinations provided under Sections 16 and 17 hereof. All certificates of registration shall contain the full name of the registrant, serial number, signature of the Commissioner, date of issuance, and the official seal of the Board duly affixed thereto.
Sec. 25. Fees. — Unless otherwise fixed by the Commission, each examinee orregistrant shall pay the following fees:
(a) For application for examination P350.00(b) For registration after passing the board examinations P250.00(c) For registration without examination P250.00(d) For replacement of lost or destroyedcertificate of registration P100.00(e) For reissuance of revoked certificate P100.00
Sec. 26. Penal Provisions. — Any person who shall practice radiologictechnology and/or x-ray technology in the Philippines, within the meaning of this Act, with any of the following attending circumstances shall, upon conviction by final judgment, be punished with a fine of not less than Ten thousand pesos (P10,000) nor more than Forty thousand pesos (P4,000), or by imprisonment of not less than one (1) year nor more than six (6) years, or both, at the discretion of the court:
(a) Without a certificate of registration in accordance with the provisions ofthis Act;
(b) Presenting or using as his own the certificate of registration of anotherperson;
(c) Using an expired license, or suspended or revoked certificate ofregistration;
(c) Giving any false or forged evidence to the Board of RadiologicTechnology in order to obtain a certificate of registration;
e) Posing or advertising as a registered radiologic and/or x-ray technologist or using any other means tending to convey the impression that he is a registered radiologic and/or x-ray technologist; and(f) Violation of any of the provision or provisions of this Act.
Sec. 27. Appropriations. — The amount necessary for the compensation ofthe members of the Board shall be included in the General Appropriations Act of the year following the approval of this Act and thereafter.
Sec. 28. Repealing Clause. — All laws, decrees, orders, and otherissuances, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed or modified accordingly.
Sec. 29. - (This Section is missing in the original text)
Sec. 30. Effectivity Clause. — This Act shall take effect one (1) month afterits publication in any newspaper of general circulation
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