ELEVENTH CONGRESS OF THE REPUBLIC

ELEVENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )

First Regular Session )

S E N A T E

S. No. 552

Introduced by Senator Roco

EXPLANATORY NOTE

The recent turn of events has focused public attention on the Physical Therapy profession. From a positive perspective, the controversies surrounding the 1996 Physical Therapy and Occupational Therapy Examinations served as an impetus for the practitioners of the two professions to reflect on their fields and the reforms that have to be instituted to improve the professions, strengthen their governing board, and, at the very least, prevent similar occurrences in the future.

It is in this light that the Philippine Physical Therapy Association (PPTA), the only professional association of physical therapists accredited by the Professional Regulation Commission, submitted to this Representation its proposed revisions of R.A. 5680, otherwise known as the Philippine Physical Therapy and Occupational Therapy Law.

The attached bill seeks to recognize physical therapy as a separate and distinct profession from occupational therapy. Thus the bill seeks to create the Board of Physical Therapy which will be tasked to maintain high professional, ethical and technical standards. In addition, the bill also provides the Council of Physical Therapy Education which shall be a policy-making body charged with standardizing physical therapy education.

In general, the proposed amendments are geared towards making the law more appropriate to present physical therapy practice in the country to enable them to provide quality rehabilitation service to more Filipinos. It also aims to improve the quality of physical therapy education provided by schools.

To assist the PPTA to professionalize its ranks and to encourage present and future physical therapy students to push on in their chosen field of study, the early passage of this bill is recommended.

(Sgd.) RAUL S. ROCO

Senator

ELEVENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )

First Regular Session )

SENATE

S. No. 552

Introduced by Senator Roco

AN ACT

REGULATING THE PRACTICE OF PHYSICAL THERAPY IN THE

PHILIPPINES AND FOR OTHER PURPOSES, THEREBY REPEALING

REPUBLIC ACT 5680

ARTICLE I

Title of the Act and Definition of Terms

Section 1. TITLE. This Act shall be known as the “Philippine Physical Therapy Law”.

Section 2. DEFINITION OF TERMS. As used in this Act, the following terms shall mean:

a) Physical Therapy (PT)

Physical therapy is providing services to people to develop, maintain and restore maximum movement and functional ability throughout the lifespan. Physical therapy is concerned with identifying and maximizing movement potential within the spheres of promotion, prevention, treatment and rehabilitation.

Physical therapy is the service provided only by, or under the direction or supervision of a physical therapist. The clinical practice of physical therapy includes assessment, diagnosis, planning, intervention and evaluation.

Assessment includes both the examination of individuals or groups with actual or potential impairments, functional limitations, disabilities or other conditions of health by history taking, screening and the use of specific tests and measures and evaluation of the results of the examination through analysis and synthesis within a process of clinical reasoning.

Diagnosis arises from the examination and evaluation and represents the outcome of the process of clinical reasoning. This is expressed in terms of movement dysfunction and encompasses categories of impairments, functional limitations, abilities/disabilities or syndromes.

Planning begins with determination of the need for intervention and normally leads to the development of a plan of intervention, including measurable outcome goals negotiated in collaboration with the patient or caregiver.

Intervention is implemented and modified in order to reach agreed goals and may include manual handling, movement enhancement, physical, eletrotherapeutic and mechanical agents, functional training, provision of aids and appliances, patient-related instruction and counseling, documentation and coordination, and communication. Intervention may also be aimed at prevention of impairments, functional limitations, disability and injury including the promotion and maintenance of health, quality of life, and fitness in all ages and populations.

Evaluation necessitates re-examination for the purpose of evaluating outcomes.

b) Physical Therapist (PT)

A person who is the holder of a registered and valid professional license legally qualified to practice physical therapy issued pursuant to this Act. A physical therapist holds a degree of Bachelor of Science in Physical Therapy from an accredited school.

ARTICLE II

THE BOARD OF PHYSICAL THERAPY

Section 3: CREATION AND COMPOSITION OF THE BOARD. There shall be created a Professional Regulatory Board of Physical Therapy, hereinafter referred to as the Board, under administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a chairman and two members who shall be appointed by the President of the Philippines upon the recommendation of the Professional Regulation Commission from among physical therapists of recognized standing in the Philippines nominated by the integrated professional organization of physical therapists and who possess qualification prescribed in Section 4 of this Act. (6 months to be added)

Section 4: QUALIFICATION OF BOARD MEMBERS

a) a natural born citizen of the Philippines and a resident thereof;

b) a duly registered physical therapist in the Philippines;

c) with at least ten (10) years of experience in the profession prior to his appointment;

d) not have been convicted of any administrative or criminal or civil charges;

e) member in good standing of the integrated professional organization;

f) not a member of the faculty of any school, college or university where the regular course of his profession is being taught or any institution which offers review classes for physical therapy

g) not financially interested, directly or indirectly in such schools or institutions.

Section 5: POWERS AND DUTIES OF THE BOARD

a) Administer the provisions of this Act;

b) Administer oaths in connection with the administration of this Act;

c) Study the conditions affecting the practice of Physical Therapy in the Philippines and adopt measures for the enhancement of the profession, and the maintenance of high professional, ethical and technical standards. The Board shall conduct ocular inspection of places where registered therapists are employed or are working, such as hospitals and clinics, to determine and enforce compliance with the professional regulatory laws and the rules and regulations promulgated pursuant thereto, to aid the Board in formulating or revising policies relating to the practice of physical therapy;

d) Assist and provide technical expertise to the Commission on Higher Education regarding examination of facilities of Universities, schools and colleges and/or seeking to open new programs of physical therapy so as to see if the essential requirement, therefore, including qualified faculty and adequate budget are properly complied with.

e) After due process, to suspend, revoke or re-issue certificates of registration for causes provided for by law or by the rules and regulations promulgated therefore;

f) Determine and evaluate the qualifications of applicants for registration with or without licensure examination and applicants for special permits. Only applicants from schools recognized by the Commission on Higher Education, upon recommendation of the Technical Panel on Physical Therapy Education, hereafter referred to as the Technical Panel, shall be allowed to take the licensure examination;

g) Issue certificates of registration and/or professional license or special permits to those admitted to the practice of physical therapy;

h) Prescribe the subjects in the licensure examination, determine the syllabi of the subjects and their relative weights, construct test questions in the licensure examination, score and rate the examination papers and submit the examination results to the Commission within the period provided for in the rules of the Commission;

i) To investigate violations of this Act and the rules and regulations promulgated thereunder and for this purpose may issue summons, subpoena and subpoena duces tecum to alleged violators or witnesses thereof and compel their attendance to such investigations or hearings;

j) To delegate the hearing or investigation of administrative cases filed before the Board except in cases where the issue involved strictly concerns the practice of PT, in which case the hearing shall be presided by at least one member of the board assisted by a legal officer of the Commission;

k) To promulgate decisions on such administrative cases subject to review by the Commission, if the decision is filed therewith within 15 days thereof, otherwise the same shall become final and immediately enforceable; and

l) Draft such rules and regulations as maybe necessary to carry out the provisions of this Act; Provided, that the same shall be issued only after the approval of the Professional Regulation Commission.

Section 6: TERM OF OFFICE. The Chairman and the Members of the Board shall hold office for three years after appointment or until their successors shall have been appointed and duly qualified: Provided, that members of the first Board to be appointed after the approval of this Act shall hold office for the following terms: Chairman for three years, one member for two years, and the other member for one year: Provided, further, that any chairman or member may be reappointed for another term of three years but in no case shall the whole term exceed six years. Interim vacancies in the Board shall be filled for the unexpired term only. Each member of the Board shall take the proper oath prior to the assumption of office.

Section 7: REMOVAL/SUSPENSION OF BOARD MEMBERS. A chairman or a Board member may be suspended or removed from office for continuous neglect of duty, incompetence, commission of toleration of irregularity in the licensure examination, malpractice or unprofessional or dishonorable conduct after due notice and hearing where the member concerned has been afforded an opportunity to be heard and to defend himself. The administrative proceeding shall be heard and decided by the Commission, but the decision shall be subject to appeal to President of the Philippines. During the investigation, the respondent may be placed under preventive suspension by the Commission, if evidence warrants.

Section 8: COMPENSATION OF THE BOARD. Each Chairman and Member of the Board whether employed in the government or not, shall receive an honorarium based on the most current law of the Professional Regulation Commission: Provided, that proper adjustments thereof may be made pursuant to P.D. No. 985 and P.D. No. 1597: Provided, further, that the issuance of a certificate of registration shall entitle the chairman and the members of the Board signing the certificate to a fee according to the most current law of the Professional Regulation Commission.

Section 9: RULES AND REGULATIONS. The Board may, subject to the approval of the President of the Philippines, promulgate such rules and regulations as may be necessary to carry out the provisions of this Act.

ARTICLE III

THE TECHNICAL PANEL ON PHYSICAL THERAPY EDUCATION

Section 10: COMPOSITION. The Commission on Higher Education (CHED) shall organize a Technical Panel on Physical Therapy Education, hereinafter referred to as the Technical Panel, charged with the responsibility of regulating, standardizing and upgrading physical therapy education in the Philippines. The Technical Panel shall be composed of no more than five (5) members including representatives from CHED and the Board, senior practitioners, specialists, and academicians in the field of physical therapy.

Section 11: FUNCTIONS OF THE TECHNICAL PANEL. To be effective in carrying out its objectives, the Technical Panel shall have the following functions:

a) To recommend the minimum required curriculum for the course of Physical Therapy;

b) To determine and prescribe the minimum requirement for physical facilities of educational institutions offering the course of physical therapy;

c) To determine and prescribe the minimum number of students who shall be allowed to take up the course taking into account the capacity of each school of physical therapy, based on their facilities and faculty;

d) To determine and prescribe the minimum number and qualifications of teaching personnel, including student-teacher ratio;

e) To keep a registry of physical therapy students and to collect from each student no less than fifty pesos (P50.00) which shall accrue to the operating fund of the Council;

f) To set criteria for clinical training/affiliation centers for B.S. Physical Therapy students;

g) To accredit hospitals or clinics for affiliation and training of interns;

h) To approve physical therapy schools meeting the requirements and recommend closure of those found to be substandard;

i) To inspect or visit schools in connection with the function of the Council as herein provided;

j) Promulgate and prescribe and enforce necessary rules and regulations for the implementation of the foregoing functions.

Section 12: COMPENSATION AND TRAVELLING EXPENSES. The Technical Panel shall meet at least once per month for regular business, and as often as the Technical Panel may decide. The Chair and members of the Technical Panel shall be entitled to traveling expenses and accommodation in connection with their official duties herein provided.

ARTICLE IV

THE PRACTICE OF PHYSICAL THERAPY

Section 13. SCOPE OF PRACTICE OF PHYSICAL THERAPY. Physical therapists practice within programs for the restoration of optimal function and quality of life in individuals with loss and disorders of movement and in such other activities that require the knowledge, clinical reasoning and skills of a registered physical therapist:

a) provide services to patients/clients who have impairments, functional limitations, disabilities, or changes in physical function and health status resulting from injury, disease or other causes;

b) interact and practice in collaboration with a variety or professionals;

c) provide prevention and wellness services, including screening and health promotion;

d) consult, educate, engage in critical inquiry or research, and administrate;

e) direct and supervise physical therapy services, including support personnel.

Section 14: STANDARDS OF PRACTICE OF PHYSICAL THERAPY. The standards of practice of physical therapy shall be established by the integrated professional organization for physical therapists and shall be used as guidelines in the provision of physical therapy services applicable to all patient populations and the programs in which these individuals are served.

Section 15: CODE OF ETHICS FOR PHYSICAL THERAPY AND ITS ENFORCEMENT. The integrated professional organization for physical therapists shall prescribe a Code of Ethics and its enforcement, to be adopted by the Board and approved by the Commission.

Section 16: INTEGRATION OF THE PHYSICAL THERAPIST. The physical therapists shall be integrated into one and only national organization of registered and licensed physical therapists, upon the recognition and accreditation by the Board subject to approval by the Commission. A physical therapist duly registered and licensed by the Board and the Commission shall automatically become member of the said organization and shall receive the benefits and privileges appurtenant thereto upon payment of required fees and dues. Membership in the integrated organization shall not be a bar to membership in any other association of physical therapists.

Section 17: EXEMPTIONS. Nothing in this Act shall be construed to affect the practice of:

a) Any physical therapy student duly enrolled in an approved school under training, serving without professional fee in any government or private hospital: Provided, that he/she renders such service under the direct supervision and control of a registered physical therapist; and

b) All PTs who are already in the government service who became eligible by virtue of the testimonial examination given by the Civil Service Commission on December 29, 1967 in the City of Manila.

Section 18: SPECIAL PERMIT TO PRACTICE. The Board, subject to the approval of the Commission, may grant a special permit to practice Physical Therapy for such period of time and under such conditions as the Board may fix, to:

a) A foreign PT called for consultation or for a specific purpose which, in the judgment of the Board, is essential for the development of the country: Provided, that his practice shall be limited only for the particular work that he is being engaged: Provided, further, that there is no Filipino PT qualified for such consultation or specific purpose;

b) A foreign PT to be engaged as professor, lecturer or critic in fields essential to PT education in the Philippines and his engagement is confined to teaching only; and

c) A foreign PT who is an internationally recognized expert or with specialization in any branch of PT and his service is essential for the advancement of PT in the Philippines.

Section 19: CONTINUING PROFESSIONAL EDUCATION. All physical therapists shall abide by the requirements, rules, and regulations regarding the continuing professional education as promulgated by the integrated professional organization for physical therapists in collaboration with the Board of Physical Therapy.

ARTICLE V

LICENSURE EXAMINATION AND REGISTRATION

Section 20: HOLDING OF EXAMINATION. Licensure examination for candidates desiring to practice PT in the Philippines shall be conducted by the Board at least once a year on dates to be determined by the Board in the City of Manila or in such other places as the Board may designate subject to the approval of the Professional Regulation Commission.

Section 21: QUALIFICATIONS OF APPLICANTS. In order to be admitted to the PT examination, an applicant, must at the time of filing of his application, establish to the satisfaction of the Board that:

a) He is a citizen of the Philippine or if a foreigner, must prove that the country of which he is subject or citizen permits Filipino PTs to practice within the territorial jurisdiction on the same basis as the subjects or citizens of such country; and Provided, further, that the requirements for the admission to PT schools and for graduation as PTs in such country are substantially the same as provided under this Act;

b) He has not been convicted by the court of any offense involving moral turpitude;

c) He has completed at least 1500 hours of clinical internship in physical therapy in physical therapy departments of hospitals or clinics accredited by the Technical Panel;

d) He holds a Bachelor of Science in Physical Therapy conferred by a school in the Philippines or abroad recognized by the Commission on Higher Education.

Section 22: SCOPE OF EXAMINATION. The scope of examination for the practice of PT in the Philippine shall be determined by the Board. The Board shall take into consideration the objectives of the physical therapy curriculum, the broad areas of physical therapy and related competencies in determining the subjects of the examination.

Section 23: RATING IN THE EXAMINATION. In order to pass the examination, an examinee must obtain a general weighted average of at least seventy five percent (75%), with no rating below sixty percent (60%) in any subject. No further examination will be given an applicant who has not qualified after two examinations.

Section 24: REPORT OF THE RESULTS OF EXAMINATION. The Board shall report to the Commission the rating obtained by each candidate within the period prescribed by the Commission.

Section 25: ISSUANCE OF CERTIFICATES OF REGISTRATION AND PROFESSIONAL LICENSE. A certificate of registration as physical therapist or physical therapy assistant shall be issued to any applicant who passes the examination upon payment of the prescribed fees. Every certificate of registration shall show the full name of the registrant, the serial number, the signature of the members of the Board, and the official seal of the Board. A professional license bearing the registration number, date of issuance, expiry date, duly signed by the Chairman of the Commission, shall likewise be issued to every registrant who has paid the prescribed annual registration fees for three (3) years. This license shall be renewable every three (3) years and shall serve as evidence that the license can lawfully practice his profession until the expiration of its validity.

Section 26: INITIAL. The initials RPT, which stands for registered physical therapist, shall be added to the name of the physical therapist who successfully passes the examination, especially when signing documents pertinent to the practice of his profession.

Section 27: ISSUANCE OF TEMPORARY PERMIT. The Board shall issue a temporary permit to a qualified applicant to practice physical therapy in the Philippines provided he/she shows proof of intent to take the board examinations for the current year. The temporary permit shall be valid for one year from date of graduation and shall be revoked if the applicant fails the said examination in the first attempt.

Section 28: REGISTRATION BY RECIPROCITY. Certificates of registration may be issued without examination to physical therapists registered under the laws of any foreign state or country, provided that the requirements for registration or licensing in said country are substantially the same as those prescribed in the Act. Provided further that the laws of such state or country grant the same privileges to registered physical therapists of the Philippines on the same basis as the subject or citizens of such foreign state or country.

Section 29: FEES FOR EXAMINATION AND REGISTRATION. Applicants for licensure examination and registration shall pay the prescribed fees set by the Commission.

Section 30: REFUSAL TO ISSUE CERTIFICATE OF REGISTRATION AND PROFESSIONAL LICENSE. The Board shall refuse to issue a certificate of registration and professional license to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude and to any person guilty of immoral or dishonorable conduct or to persons of unsound mind or those suffering communicable or contagious disease. In the event of such refusal the Board shall give the applicant a written statement setting forth of the reason for its action, which statement shall be incorporated in the records of the Board.

Section 31: REVOCATION AND SUSPENSION OF CERTIFICATE AND CANCELLATION OF SPECIAL PERMIT. The Board shall have the power upon proper notice and hearing to revoke of suspend the validity of the certificate of registration or to cancel special permit of a physical therapist for unprofessional or unethical conduct, malpractice, incompetence or serious ignorance or negligence in the practice of PT, for making use of fraud, deceit or false statements to obtain certificates of registration.

Section 32: REINSTATEMENT, REISSUE, AND REPLACEMENT OF CERTIFICATE. The Board, after two (2) years upon application and for reason deemed proper and sufficient, may reissue any revoked certificate, professional license or special permit. The suspension of a certificate of registration shall be automatically lifted upon the expiration of the period of suspension. Said certificate shall be reissued to the PT concerned upon request without prejudice to further actions by the Board for violation of the provisions of this Act or conditions imposed by the Board upon the PT during the period of revocation or suspension.

ARTICLE VI

PENAL AND MISCELLANEOUS PROVISIONS

Section 33: PENAL PROVISIONS. The following shall be punishable by a fine of no less than twenty thousand pesos (P20,000.00) or by imprisonment for not less than six (6) months or both, in the discretion of the court:

a) Any person who shall practice PT in the Philippines without being registered, with a valid certificate of registration and/or valid professional license and/or valid special permit or exempted from registration in accordance with the provisions of this Act;

b) Any person presenting or attempting to use as his own the certificate of registration or a special permit issued to another;

c) Any person who shall give or submit any false or fraudulent statement or document of any kind to the Commission, Board in obtaining a certificate of registration or professional license or special permit as a PT, admission to an examination, or renewal of professional license;

d) Any person who shall impersonate any registrant of like or the same name;

e) Any person who shall attempt to use a revoked or suspended certificate of registration, special permit or expired/not valid professional license;

f) Any person who shall use, advertise or append to his name the letters RPT tending to convey the impression that he is a professional as defined in this Act, when in fact he is not or his authority to practice has been suspended or revoked;

g) Any person who shall violate the provisions of this Act; and

h) Any person who shall violate the rules and regulations of the Board or orders promulgated by it after having been duly approved by the Professional Regulation Commission for the purpose of carrying out the provisions of this Act.

Section 34: ABOLITION OF THE BOARD OF EXAMINERS FOR PHYSICAL AND OCCUPATIONAL THERAPY, TRANSFER OF FUNDS, RECORDS, ETC. The Board of Examiners for PT and OT created by R.A. No. 5680 is hereby abolished. Its properties, records, equipment and other assets shall be transferred to the Board created under this Act.

Section 35: TRANSITORY PROVISIONS. Upon the effectivity of this Act, the incumbent members of the present Professional Regulatory Board of Physical and Occupational Therapy created by Republic Act 5680 shall have the option to joint the Professional Regulatory Board of Physical Therapy created by this Act.

Section 36: SEPARABILITY CLAUSE. If any provision of this Act or the application of such provision to any person or circumstance is declared invalid by a court of competent jurisdiction, the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 37: REPEALING CLAUSE. The provisions of R.A. No. 5680 in so far as physical therapy is concerned and all laws, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed.

Section 38. EFFECTIVITY. This Act shall take effect after thirty (30) days following its entire publication in the official gazette or newspaper of general circulation, whichever comes earlier.

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