Republic Act No. 10024

This Act shall be known and cited as the "Philippine Respiratory Therapy Act of 2009".

The State recognizes the importance of respiratory therapists in nation building. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded respiratory therapists whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their professional growth.

As used in this Act, the following terms shall mean:

There is hereby created a Professional Regulatory Board of Respiratory Therapy hereinafter called the Board, under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members who shall be appointed by the President of the Philippines from three (3) recommendees submitted by the Commission from among a list of five (5) nominees for each position submitted by the integrated professional organization of respiratory therapists. The Board shall be organized not later than six (6) months from the effectivity of this Act.

The Chairperson and members of the Board shall, at the time of their appointment, possess the following qualifications:

The Chairperson and the members of the Board shall hold office for a term of three (3) years 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: chairperson for three (3) years, one (1) member for two (2) years, and the other member for one (1) year: Provided, further, That the chairperson or any member may be re appointed for another term of three (3) years but in no case shall the whole term exceed six (6) years. Interim vacancies in the Board shall be filled for the unexpired terra only. Each member of the first Board shall automatically be registered as respiratory therapist and issued a certificate of registration and professional identification card and shall take the proper oath of office prior to assumption of duty.

The Chairperson and members of the Board shall receive compensation and allowances comparable to that being received by the chairpersons and members of existing regulatory boards under the Commission as provided for in the General Appropriations Act.

The Board shall have the following powers and duties:

Any member of the Board may, upon the recommendation of the Commission after due process of law and investigation conducted by the Commission, be suspended or removed by the President from office for cause such as gross neglect of duty, incompetence, malpractice, unprofessionalism, immorality, unethical or dishonorable conduct, final judgment of crimes involving moral turpitude, manipulation or rigging of the licensure examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination, and tampering of grades.

The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications, examination papers and results, minutes of deliberation, administrative cases, and other investigations involving respiratory therapists shall be kept by the Commission.

The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act.

The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed account of its proceedings and accomplishments during the year and recommending measures to be adopted, with the end in view of upgrading and improving the conditions affecting the practice of respiratory therapy in the Philippines.

All applicants for registration for the practice of respiratory therapy shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate subject to compliance with the requirements prescribed by the Commission.

An applicant for the licensure examination for respiratory therapists shall establish to the satisfaction of the Board, that:

The licensure examination for respiratory therapists shall cover the following subjects:

To be qualified as having passed the licensure examination for respiratory therapists, a candidate must have obtained a general average of seventy-five percent (75%) with no grade lower than sixty percent (60%) in any given subject.

A person who possesses the pertinent qualifications required for admission in the examination for registration as a respiratory therapist pursuant to the provisions of this Act may be registered without examination, provided the applicant files with the Board within two (2) years after its creation an application for registration and issuance of a certificate of registration and professional identification card by submitting credentials showing that the applicant, before the effectivity of this Act, had obtained any of the following:

The Board shall submit to the Commission the ratings obtained by each candidate within ten (10) calendar days after the examination, unless extended for just cause.

All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take an oath of profession before any member of the Board or any government official authorized by the Commission to administer oaths, prior to entering into the practice of respiratory therapy in the Philippines.

The Commission, on recommendation of the Board, shall issue a certificate of registration and professional identification card to examinees who passed the licensure examination for respiratory therapists and to qualified applicants for registration without examination subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the Chairperson of the Commission and the members of the Board, stamped with the official seal of the Commission and of the Board, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto. This certificate of registration shall remain in full force and effect until revoked or suspended in accordance with this Act.

A professional identification card bearing the registration number, date of issuance, expiry date, duly signed by the Chairperson of the Commission shall likewise be issued to every registrant who has paid the prescribed fee and this shall be renewable every three (3) years.

The Board shall not register any successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

The respiratory therapist shall be required to indicate his/her registration number, including the professional tax receipt number on the document he/she signs, uses or issues in connection with the practice of his/her profession.

The letters "RTRP", which stands for Respiratory Therapist Registered in the Philippines, shall be added to the name of the respiratory therapist who successfully passes the examination especially when signing documents pertinent to the practice of his/her profession.

Revocation or Suspension of the Certificate of Registration and Professional Identification Card and Cancellation of Special Permit. - The Board may, after giving proper notice of hearing to the party concerned, revoke the practitioner's certificate of registration and professional identification card or suspend him/her from the practice of his/her profession or cancel his/her special permit for any of the causes or grounds under Section 20 of this Act or for any unprofessional or unethical conduct, malpractice, violation of any of the provisions of this Act, its rules and regulations, the Code of Ethics and Standards for Respiratory Therapists.

Reinstatement, Reissuance or Replacement of Certificate of Registration and Professional Identification Card and Temporary/Special Permit. - Two (2) years after the date of revocation, the Board may, upon application and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a professional identification card, and in so doing, may, in its discretion, exempt the applicant from taking another examination.

A new certificate of registration or temporary/special permit, to replace lost, destroyed or mutilated ones may be issued subject to the rules as implemented by the Board.

The Board shall prepare, update and maintain a roster of respiratory therapists which shall contain the name of each registered respiratory therapist, his/her residence and office addresses, the date of registration and issuance of certificates, and other data which the Board may deem pertinent. The roster shall be open to the public, copies of which shall be mailed to each person listed therein.

A special/temporary permit may be issued by the Board to the following persons, subject to the approval of the Commission and payment of the fees it prescribes for the purpose:

A registered respiratory therapist performs, but is not limited to, the following functions under the direction of a physician:

No person shall practice or offer to practice respiratory therapy m the Philippines or offer himself/herself as respiratory therapist, or use the title, word, letter, figure, or any sign tending to convey the impression that he/she is a respiratory therapist, or advertise or indicate in any manner whatsoever that he/she is qualified to perform the work of a respiratory therapist unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, and is a holder of a valid certificate of registration and professional identification card or a valid temporary/special permit duly issued to him/her by the Board and the Commission.

No person shall:

Hospitals, clinics, home care, medical centers and similar establishments shall be required to employ and station at least three (3) registered respiratory therapists, under the direction of a physician, who shall be on duty for each shift to ensure that the services they offer comply with professional standards.

The Board shall adopt and promulgate the Code of Ethics and Standards for Respiratory Therapists prescribed and issued by the accredited national organization of respiratory therapists.

All respiratory therapists shall abide by the requirements, rules and regulations regarding continuing professional education as promulgated by the Board in collaboration with the integrated professional organization of respiratory therapists.

All associations of respiratory therapists shall be integrated into one (1) and only national organization which shall be recognized by the Board, subject to the approval by the Commission, as the only accredited and integrated professional organization of registered respiratory therapists.

A respiratory therapist duly registered by the Board and the Commission shall automatically become a member of the said organization and shall receive the benefits and privileges appurtenant thereto upon payment of required fees and dues. Membership in the accredited and integrated professional organization of respiratory therapists shall not be a bar to membership in other associations of respiratory therapists.

No foreigner shall be admitted to the examination or be given a certificate of registration or be entitled to any of the privileges under this Act unless the country of which he/she is a subject or citizen specifically permits Filipino respiratory therapists to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country.

Any person who shall violate any of the provisions of this Act or any of its implementing rules and regulations as promulgated by the Board subject to the approval of the Commission shall, upon conviction, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) or by imprisonment of not less than six (6) months, at the discretion of the court.

The Chairperson of the Professional Regulation Commission shall include in the Commission's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

To implement the provisions of this Act, the Board shall, subject to the approval of the Commission and in coordination with the integrated and accredited professional organization, promulgate the rules and regulations and the Code of Ethics for Respiratory Therapists within ninety (90) days after the effectivity of this Act.

Nothing in this Act shall be construed to effect or prevent the practice of any other legally recognized profession.

If any section or provision of this Act shall be declared invalid or unconstitutional, such shall not invalidate any other section or provision of this Act.

All laws, decrees, orders, issuances or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, modified or superseded.

This Act shall take effect after fifteen (15) days following its publication in two (2) major newspapers of national circulation.

Approved,

| (Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representatives | (Sgd.) JUAN PONCE ENRILE President of the Senate |