Seventeenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.
REPUBLIC ACT No. 11241
An Act Regulating the Registration, Licensure, and Practice of Occupational Therapy, Providing Funds Therefor and for Other Related Purposes
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Short Title of Act
This Act shall be known as "The Philippine Occupational Therapy Law of 2018".
Section 2. Statement of Policy
The State recognizes the importance of occupational therapists in nation building. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded occupational therapists whose standards of practice and service shall be excellent, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their continuing professional growth.
Section 3. Definition of Terms
As used in this Act, the following terms shall mean:
Section 4. Creation and Composition of the Board
There is hereby created a Board of Occupational Therapy, hereafter referred to as the Board, under the administrative supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of a chairperson and two (2) members appointed by the President of the Philippines within six (6) months from the enactment of this Act upon the recommendation of the Commission from among occupational therapists of recognized standing nominated by the accredited and integrated professional organization of occupational therapists.
Section 5. Powers and Functions of the Board
The Board shall have the following powers and functions:
Section 6. Qualifications of Board Members
The members of the Board shall, at the time of their appointment, possess the following qualifications:
Section 7. Term of Office
The members of the Board shall hold office for a term of three (3) years or until their successors 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: the chairperson for three (3) years, one (1) member for two (2) years, and the other member for one (1) year: Provided, further, That a chairperson or member may be reappointed for a second term, but may not serve more than two (2) consecutive three (3)-year terms or six (6) consecutive years. Interim vacancies shall be filled for the unexpired term only.
Section 8. Removal of Board Members
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, and manipulating 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, or tampering of grades.
Section 9. Compensation and Allowances of the Board
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.
Section 10. Supervision of the Board, Custodian of Records, Secretariat, and Support Services
The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, examination papers and results, minutes of deliberation, administrative cases, and other investigations involving occupational 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.
Section 11. Annual Report
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 occupational therapy in the Philippines.
ARTICLE III LICENSURE EXAMINATION AND REGISTRATION
Section 12. Examination Required
All applicants for registration for the practice of occupational 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.
Section 13. Qualifications for Examination
An applicant for the licensure examination for occupational therapists shall establish, to the satisfaction of the Board, that the following qualifications are met:
Section 14. Scope of Examination
The licensure examination for occupational therapists shall cover the basic sciences and health science foundations integrated into the following domains:
Section 15. Ratings in the Examination
To be qualified as having passed the licensure examination for occupational 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.
Section 16. Report of Ratings
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.
Section 17
Issuance of the Certificate of Registration, Professional License, and Professional Identification Card. - Registration and a professional license shall be issued to examinees who pass the licensure examination for occupational therapists subject to payment of fees prescribed by the Commission. The registration and professional license shall bear the signature of the chairperson of the Commission and the members of the Board, stamped with the official seal, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto. The registration and license shall remain in full force and effect until revoked or suspended in accordance with this Act.
Section 18. Initial
The initials OTRP, which stands for Occupational Therapists Registered Philippines, shall be used following the name of the registered occupational therapist, especially when signing documents pertinent to the practice of the profession.
Section 19. Refusal to Register
The Board shall refuse to 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.
Section 20
. Reinstatement, Re-issuance or Replacement of Certificate of Registration and Professional License. - 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 or professional license, and in so doing, may, in its discretion, exempt the applicant from taking another examination.
A new certificate of registration, professional license, or special permit, to replace lost, destroyed, or mutilated ones, may be issued subject to the rules as implemented by the Board.
Section 21. Oath of Occupational Therapists
Successful examinees qualified for registration, and 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 occupational therapy in the Philippines.
Section 22. Indication of Licensure and Privilege Tax Receipt
The occupational therapist shall be required to indicate his/her registration/professional license number and date of issuance thereof, the duration of validity of said license, including his/her privilege tax receipt number, on the documents he/she signs, uses or issues in connection with the practice of his/her profession.
Section 23
Revocation or Suspension of the Certificate of Registration and Cancellation of Special Permit. - The Board may, after giving proper notice of hearing to the party concerned, revoke the practitioners certificate of registration and professional license, or be suspended from the practice of the profession; or cancel the special permit for any of the causes or grounds mentioned in Section 25 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 of Practice for occupational therapists.
Section 24. Roster of Occupational Therapists
The Board shall prepare, update and maintain a roster of occupational therapists which shall contain the name of each registered occupational 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.
Section 25. Issuance of Special and Temporary Permit
Special or temporary permits upon recommendation of the integrated professional organization of occupational therapists may be issued by the Board, subject to the approval by the Commission and payment of the fees the latter has prescribed and charges, to the following persons:
ARTICLE IV
PRACTICE OF OCCUPATIONAL THERAPY
Section 26. Prohibition on the Practice of Occupational Therapy
No person shall practice or offer to practice occupational therapy, nor offer to be an occupational therapist, or use the title, word, letter, figure, or any sign tending to convey the impression of being an occupational therapist, nor advertise or indicate in any manner whatsoever to be qualified to perform the work of an occupational therapist without passing the licensure examination given by the Board, except as otherwise provided in this Act.
Section 27. Prohibited Acts
No person shall:
Section 28. Code of Ethics and Standards of Practice for Occupational Therapists
The Board shall adopt and promulgate the Code of Ethics and Standards of Practice for occupational therapists prescribed and issued by the Accredited and Integrated Professional Organization (AIPO) of occupational therapists.
Section 29. Continuing Professional Development (CPD) Program
All occupational therapists shall abide with the requirements, rules and regulations on continuing professional development to be promulgated by the Professional Regulatory Board of Occupational Therapy, subject to the approval of the Commission, in coordination with the AIPO of occupational therapists and/or the recognized representative of duly accredited education institutions. For this purpose, the Board may create a CPD council to implement the CPD program, subject to such guidelines as may be prescribed by the Commission.
Section 30. Integration of Occupational Therapists
The occupational therapy profession shall be integrated into one (1) national professional organization of occupational therapists, which shall be duly registered with the Securities and Exchange Commission (SEC). The Board, subject to approval by the Commission, shall accredit the said organization as the one and only AIPO of registered occupational therapists. All occupational therapists whose names appear in the current Registry Book of Occupational Therapists shall ipso facto or automatically become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of the required AIPO membership fees and dues.
Membership in the AIPO shall not be a bar to membership in other organizations of occupational therapists.
Section 31. Foreign Reciprocity
No foreign occupational therapist shall be given a certificate of registration/professional license and professional identification card or be entitled to any of the privileges under this Act unless the country or state of which the foreign occupational therapist is a subject or citizen permits Filipino occupational therapists to practice within its territorial limits on the same basis as the subjects or citizens of said country or state.
ARTICLE V
PENAL AND MISCELLANEOUS PROVISIONS
Section 32. Penal Provisions
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 with a fine of not less than Twenty thousand pesos (₱20,000.00) nor more than Fifty thousand pesos (₱50,000.00), or by imprisonment of not less than two (2) years nor more than five (5) years, or both, at the discretion of the court.
Section 33. Funding Provision
The Chairman of the Commission shall immediately include in the Commissions budget program, the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.
Section 34. Implementing Rules and Regulations
To implement the provisions of this Act, the Board shall, subject to the approval of the Commission, promulgate the rules and regulations, as well as the Code of Ethics and Standards of Practice for occupational therapists, within sixty (60) days after the effectivity of this Act.
Section 35. Transitory Provisions
The existing Board of Physical Therapy and Occupational Therapy shall continue to function in the interim until such time that the new and separate Professional Regulatory Board of Occupational Therapy shall be constituted pursuant to this Act.
Section 36. Separability Clause
If any part, portion, section or provision of this Act shall be declared invalid or unconstitutional, such shall not invalidate any other part, portion, section or provision of this Act and the same shall continue to be in force and effect.
Section 37. Repealing Clause
All laws, decrees, orders, issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, revised, superseded or repealed. Republic Act No. 5680 is hereby modified accordingly.
Section 38. Effectivity
This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) major newspapers of national circulation, whichever comes earlier.
Approved,
GLORIA MACAPAGAL-ARROYO Speaker of the House of Representatives
VICENTE C. SOTTO III President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill No. 454 on January 29, 2018 and adopted by the House of Representatives as an amendment to House Bill No. 8528 on December 12, 2018.
DANTE ROBERTO P. MALING
Acting Secretary General House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: March 11, 2019
RODRIGO ROA DUTERTE
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.