Twelfth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three.
Republic Act No. 9268 March 19, 2004
AN ACT TO REGULATE THE PRACTICE OF VETERINARY MEDICINE IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 382 AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
ARTICLE I TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Title
This act shall be known as "The Philippine Veterinary Medicine Act of 2004."
Section 2. Declaration of Policy
It shall be the policy of the State to upgrade the practice of veterinary medicine for the purpose of protecting the animal population in the country through safe and proper diagnosis, treatment and surgery of these animals. The state recognizes the important role of veterinarians in nation building and promotes the sustained development of veterinarians whose competence has been validated by honest and credible licensure examination and whose standards of professionals practice and service are world-class and internationally recognized and globally competitive.
Section 3. Objectives
This Act provides for and shall govern:
Section 4. Definition of Terms
Section 5. Composition of the Board
There shall be created a Professional Regulatory Board of Veterinary Medicine, hereafter referred as the Board, under the administrative supervision and control of the PRC, hereinafter refer to as the commission, to be composed of the Chairman and two (2) members, who shall be appointed by the President of the Philippines from among a list of three (3) recommendees for each position submitted by the Commission from a list of five (5) nominees for each position submitted by the accredited professional organization of veterinarians.
Section 6. Qualification of Members of the Board
The members of the Board must at the time of nomination, recommendation, and appointments:
Section 7. Term of Office
The chairperson and the two (2) members of the Board shall hold office for a term of three (3) years from the date of appointments until their successors shall have been appointed and duly qualified and may be reappointed once. The member serving the last year of his/her term shall automatically become the chairperson of the Board. Vacancies in the Board shall be filled f or the unexpired portion of the term only. Each member shall take the proper oath prior to assumption of duty. Upon effectivity of this Act, the incumbents whose term have not yet expired or who are holdover status shall be allowed to served the unexpired portion of their terms.
Section 8. Powers, Functions, Duties and responsibilities of the Board
The Board shall have the following specific powers, functions, duties and responsibilities.
Section 9. Compensation and Allowances of the Board
The chairman and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by existing regulatory boards under the Commission as provided for the General Appropriation Act.
Section 10. Removal of the Board Members
The chairman and members of the Board may be removed from the office of the President of the Philippines, upon recommendation of the Commission on the following grounds:
Section 11
Administrative Supervision of the Board, Custodian of its Records, Secretariat and its Support Services. - The Board shall be under the administrative and executive management of the Commission. All records of the Board, including the applications for examination, minutes of deliberations, and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provision of this Act.
Section 12. Annual Report
The Board shall, after the close of the fiscal year, submit an annual report to the Commission giving a detailed report of the activities and proceedings of the Board during the year and embodying such recommendations as the Board may be desire to make.
ARTICLE III EXAMINATION AND REGISTRATION OF VETERINARIANS
Section 13. Examination Required
Except as otherwise specially allowed under this Act, all applicant for registration for the practice of veterinary medicine shall be required to pass the licensure examination to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with Republic Act No. 8981, subject to compliance with the requirements prescribed by the Commission.
Section 14. Subjects Covered by the Examination
The subjects for the licensure examination, shall cover the following:
Section 15. Qualifications of Applicant for Examination
In order to qualify for examination, an applicant shall establish to the satisfaction of the Board that:
Section 16. Report of Ratings
The Board shall, with ten (10) days or earlier after the date of examination, report the rating obtained by each candidate to the Commission for official release and publication.
Section 17. Ratings in Examination
In order to pass the examination, a candidate must obtain a weighted average of at least seventy-five percent (75%) with no rating below sixty percent (60%)in any subject. A candidate who obtains an average rating of seventy-five percent (75%) or higher but gets a rating below sixty percent (60%) in any subject shall be allowed to take a re-examination in only those subjects in which he/she obtained a rating below sixty percent (60%). Should he/she fails to obtain seventy-five percent (75%) in reported subject or subjects, his/her examination shall be considered as failed, and he/she shall be required to take all the subjects in the next examination.
Section 18. Issuances of Certificate of Registration and Professional Identification Card
A certificate of Registration as a veterinarian shall be issued to an applicant who passes the examination or who is registered without examination and shall indicate the full name of the registrant, serial number, date of issuance bearing the signature of the Commission of Chairperson and the chairman and members of the Board, with the official seal of the Board and the Commission.
A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson, shall likewise be issued to every registrant who has paid the prescribed fee.
Section 19. Fees for Examination, Registration of License
Applicants for examination and registration and for the issuance of a Professional Identification Card shall pay the fees prescribed by the Commission.
Section 20. Oath
All successful examinees and registrants without examination shall required to take a oath before any member of the Board or any official authorized by the Commission or any government official authorized by law before they start their practice.
Section 21. Refusal to Register
The Board shall refuse to register an applicant as a veterinarian and to issue his/her Certificate of Registration and Professional Identification Card if he/she is convicted of any criminal offense involving moral turpitude, or found guilty of immoral or dishonorable conduct, or he/she is declared by the court to be of unsound mind or have violated the Animal Welfare Act. The Board shall furnish the applicant a written statement settings forth the reasons for its action which shall be incorporated in the records of the Board.
Section 22
Revocation of Certificate of Registration and Suspension from the Practice of Veterinary Medicine and Cancellation of Special Permit. - The Board shall have the power to reprimand or suspend any person from the practice of the veterinary medicine, revoke the Certification of Registration of any registered veterinarian, or cancel special permit issued upon any of the following ground:
Section 23. Rights of Respondent
The respondent registered veterinarian shall entitled to counsel, a speedy public hearing, and to confront and cross-examine witnesses against him.
Section 24. Administrative Investigation
Within five (5) day after filing written charges under oath, respondent registered veterinarian shall be furnished a copy thereof requiring him to answer the same. The administrative investigation shall be conduced by the Board, or any of its members as may be designated by the Commission, on cases involving the practice of the profession: Provided, however, That the decision shall be promulgated by the Board.
Section 25. Appeal
The decision of the denial or refusal to issue Certificate of Registration, the revocation or suspension of Certificate of Registration, and the cancellation of special permit by the Board shall be final unless appealed to the Commission within fifteen (15) day from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.
Section 26. Reinstatement
Subject to the approval of the Commission, a person may apply to the Board for reinstatement of his/her Certificate of Registration/professional license any time after the expiration of one (1) year from the date of revocation of said certificate. The application shall be writing and shall conform the requirements provided by the Board. No certificate shall be reinstated unless the Board is satisfied that a good cause exists to warrant such reinstatement.
Section 27
Indication of the Certificate of Registration and Professional Identification Card and Professional Tax Receipt. - A registered and licensed veterinarian shall indicate his/her Certificate of Registration/Professional Identification Card with date of issue and expiry, and the Professional Tax Receipt number, on the prescription and other documents he/she signs, uses, or issues in connection with the practice of his/her profession.
Section 28. Automatic Registration
All veterinarians whose names appears in the roster of veterinarians shall be automatically or ipso facto registered as veterinarians under this Act.
ARTICLE IV PRACTICE OF VETERINARY MEDICINE
Section 29. Acts of Constituting Practice of Veterinary Medicine
A person who is authorized to practice veterinary medicine under this Act shall append or cause to be appended to his name the letters D.V.M. (Doctor of Veterinary Medicine), V..M. D. (Veterinary Medical Doctor), D.V.S.(Doctor of Veterinary of Science), the words "Veterinarian, " Veterinary Surgeon, " Veterinary Dentist," or "Veterinary" any other initial or title implying qualification to practice, offer or render, for a fee or otherwise, services such as:
Provided, That the enumeration of the above practices or services in this Section shall not be construed as excluding any other work requiring knowledge and application of professional veterinary medicine which the Board may specify, upon the recommendation of accredited professional organization in Veterinary Medicine.
Section 30. Unlawful Practice of Veterinary Medicine
It shall be unlawful for any person to practice veterinary medicine and any of its allied branches, including veterinary dentistry, without a valid and existing Certificate of Registration and Professional Identification Card issued by the Board of Veterinary Medicine and the Commission.
Section 31. Foreign Reciprocity
No foreigner shall be admitted to the examination or be registered as veterinarian under this Act unless he/she proves that the country of which he/she is a citizen of, either permits Filipino citizens to practice veterinary medicine without need for registration, without restriction, or allows them to practice after an examination on term of strict and absolute quality with nationals of said country.
Section 32. Roster of Veterinarian
The Board shall keep a roster of the names, residence and office address of all registered and licensed veterinarians. The said roster shall be made available to the public upon request and payment of prescribed fees thereof.
Section 33. Penal Provision
The following persons shall be punished:
Section 34. Enforcement
The Commission shall implement the provision of this Act, enforce its implementing rules and regulations as adopted by the Board and assist the Board in the investigation of complaint against violators of this Act, its rules and regulations and other policies of the Board.
The Commission shall call upon or request any department, instrumentality, office, bureau, or agency of the government including local government units to render such assistance as it may require to coordinate or cooperate in order to carry out, enforce or implement the provision of this Act.
Section 35. Funding Provision
The Chairperson of the PRC shall immediate include in the Commission's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriate Act.
Section 36. Implementing Rules and Regulations
Within sixty (60) days after the effectivity of this Act, subject to the approval of the Commission, the Board in coordination with the accredited professional organization, shall promulgate the necessary rules and regulations to implement the provisions of this Act, which shall be effective after fifteen (15) days following its publication in the Official Gazette or newspaper of general circulation.
Section 37. Separability Clause
If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational.
Section 38. Repealing Clause
Republic Act No. 382 and all other laws, decrees, orders, circulars, rules and regulations, and other issuances, and part thereof which are inconsistent with this Act are hereby superseded, repealed, amended, or modified accordingly.
Section 39. Effectivity
This Act shall take effect thirty (30) days after its publication in the Official Gazette or in any newspaper of general circulation.
Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
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.