H. No. 5016
S. No. 914
Republic of the Philippines
Congress of the Philippines
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.
REPUBLIC ACT NO. 10657
AN ACT REGULATING AND MODERNIZING THE PRACTICE OF CHEMISTRY IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED SEVEN HUNDRED FIFTY-FOUR (R. A. NO. 754), OTHERWISE KNOWN AS THE CHEMISTRY LAW OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE, POLICY AND DEFINITIONS
Section 1. Title. – This Act shall be known as the “Chemistry Profession Act”.chanRoblesvirtualLawlibrary
Sec. 2. Declaration of Policy. – Chemistry is vital to public safety, the national economy, and the protection of the environment. It is, therefore, the policy of the State to promote, regulate and protect the professional practice of chemistry and to ensure the continued development and high international standards of the practice of chemistry in the Philippines.
Sec. 3. Definition of Terms. – As used in this Act:ChanRoblesVirtualawlibrary
(a) Chemistry refers to the study, analysis, modification and calculations of physico-chemical or biochemical properties of matter. Chemistry includes the atomic, molecular, surface and supramolecular composition and structure of matter, properties and reactions, the changes which matter undergoes, the energy involved, and the conditions under which such changes occur. Biochemistry, which is defined as the study of the chemical compounds and processes in biological organisms, is included within the scope of chemistry for purposes of this Act;chanrobleslaw
(b) Registered chemist refers to any person who is engaged in the professional practice of chemistry, as defined herein, who is duly registered with the Board of Chemistry and the Professional Regulation Commission. A registered chemist shall have the authority to undertake the professional practice of chemistry;chanrobleslaw
(c) Registered chemical technician refers to any person who is engaged in the work of chemical analysis, as defined herein, and who is duly registered with the Board of Chemistry;chanrobleslaw
(d) Chemical analysis refers to a physico-chemical or biochemical procedure which involves the following and related techniques:ChanRoblesVirtualawlibrary
(1) Measurement of properties, such as power of hydrogen (PH), oxidation-reduction potential, density, atomic or molecular weight, and others;chanrobleslaw
(2) Use of methods, such as titration, gravimetric analysis, electrochemical measurements, spectroscopy, chromatography, and others;chanrobleslaw
(3) Determination of the atomic or molecular quantity of one or more components of a substance;chanrobleslaw
(4) Determination of the atomic, molecular, surface or supramolecular nature or structure of substance;chanrobleslaw
(5) Preparation of a sample for chemical analysis;chanrobleslaw
(6) Separation and/or purification of a mixture into its components using techniques, such as distillation, crystallization, density, reactivity, extraction, adsorption, size exclusion, affinity, chromatography, and others;chanrobleslaw
(7) Calculations of physico-chemical or biochemical properties or concentrations of chemicals or biochemicals;chanrobleslaw
(8) Computational methods applied to chemically or biochemically related matters, such as molecular design, molecular modelling, chemometrics, and others; and
(9) Other analytical methods which characterize matter at the atomic, molecular or supramolecular level;chanrobleslaw
(e) Chemical synthesis refers to the preparation of a compound or chemical entity from its elements or from other compounds or chemical entities by one or more chemical reactions. Synthesis, as defined herein, refers to both chemical synthesis which may use chemical catalysts, and biochemical synthesis which uses enzymes and other biological compounds to promote a reaction; and
(f) Chemical laboratory refers to a facility where activities described in Section 3(d) and 3(e) are performed. Such activities carried out outside of a chemical laboratory, for example, a factory, mobile laboratory or field analysis, shall likewise be considered a chemical laboratory. The head of a chemical laboratory shall be a registered chemist.
Sec. 4. Scope of the Professional Practice of Chemistry. – The professional practice of chemistry covers the performance of a service related to public interest, public safety, legal or regulatory matters. The following and similar activities shall be the functions of the registered chemists:ChanRoblesVirtualawlibrary
(a) Performance of a chemical analysis or chemical synthesis;chanrobleslaw
(b) Certification of a chemical analysis or chemical synthesis;chanrobleslaw
(c) Inspection of a laboratory with respect to its chemical or biochemical activities;chanrobleslaw
(d) Certification of a laboratory with respect to its chemical or biochemical activities;chanrobleslaw
(e) Supervision of a chemical laboratory;chanrobleslaw
(f) Supervision of a chemical analysis or chemical synthesis, whether or not performed in a laboratory;chanrobleslaw
(g) Teaching, lecturing and reviewing of a professional chemistry subject in the curriculum of the Bachelor of Science in Chemistry degree or a subject in the chemistry licensure examination given in any college, university, or training or review center, or any other educational institution or certification body;chanrobleslaw
(h) Consultation, investigation, or research concerning physico-chemical or biochemical matters which involve public interest, public safety, laws or regulations. For these purposes, the registered chemist must affix one’s signature, license number and official seal to any certification report submitted;chanrobleslaw
(i) Sale of chemicals, chemical apparatus or chemical equipment;chanrobleslaw
(j) Supervision of the sale of chemicals, chemical apparatus, or chemical equipment; and
(k) Functions related to the management of chemicals, such as chemical safety, chemical waste management, pollution control, and the like.
The Chemistry Board, subject to the approval of the Commission, may revise, exclude from or add to the above-enumerated acts or activities as the need arises to conform to the latest trend in the practice of the profession.
Sec. 5. Scope of the Professional Practice of Chemical Analysis. – The scope of the professional practice of chemical analysis shall be limited to the performance of physico-chemical or biochemical analysis, chemical or biochemical synthesis, and sale of chemicals, chemical apparatus or chemical equipment: Provided, That such activities are under the supervision of a registered chemist. Any report on chemical analysis or synthesis must be signed by and bear the license number of the chemical technician who performed the analysis.
PROFESSIONAL REGULATORY BOARD OF CHEMISTRY
Sec. 6. Composition of the Board. – There is hereby created a Professional Regulatory Board of Chemistry, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, which shall be composed of a Chairperson and two (2) members appointed by the President of the Philippines from a list of three (3) recommendees for each position ranked by the Commission from a list of five (5) nominees for each position submitted by the accredited professional organization (APO) of chemists.
Sec. 7. Powers and Duties of the Board. – The Board shall have the following powers and duties:ChanRoblesVirtualawlibrary
(a) Supervise and regulate the practice of the chemistry profession in the Philippines in accordance with the provisions of this Act;chanrobleslaw
(b) Determine the requirements and evaluate the qualifications of applicants for registration and renewal of license of registered chemists and registered chemical technicians;chanrobleslaw
(c) Prescribe the subjects in the licensure examination, determine the syllabi of the subjects and their relative weights, construct the test questions in the examinations and submit the examination results to the Commission;chanrobleslaw
(d) Issue, together with the Commission, certificates of registration to persons admitted to the practice of the professions of chemistry and chemical analysis;chanrobleslaw
(e) Oversee the conduct of the Continuing Professional Development (CPD) program for professional chemists and chemical technicians;chanrobleslaw
(f) Determine, in consultation with the APO for the chemistry profession, private industry and relevant government agencies, the requirements of chemistry laboratories, both private and government, and other entities engaged in the practice of chemistry for registration or renewal of permit, and to issue, together with the Commission, the certificate of authority to operate to those that satisfy the said requirements;chanrobleslaw
(g) Conduct on-site inspection of chemistry laboratories and other entities engaged in the practice of chemistry and seek the assistance of the APO in order to carry out these functions;chanrobleslaw
(h) Inquire into the conditions affecting the practice of the profession, and adopt measures for the enhancement and maintenance of high professional, ethical and technical standards;chanrobleslaw
(i) Adopt and promulgate the Code of Ethics and the Code of Good Governance for the practice of chemistry;chanrobleslaw
(j) Issue subpoena ad testificandum and subpoena duces tecum to secure the attendance of witnesses or the production of documents in connection with any administrative case before the Board;chanrobleslaw
(k) Hear and decide administrative cases filed against chemists, chemical technicians, and the owners and administrators of chemical laboratories. The hearing shall be presided over by the Chairperson or a member of the Board with the assistance of an attorney of the Commission. Any decision shall be decided by a majority of the Board. The decision of the Board may be appealed to the Commission not later than the fifteenth (15th) day from notice; otherwise, such decision shall be final and executory;chanrobleslaw
(l) Administer oaths in connection with the performance of its functions;chanrobleslaw
(m) Adopt the implementing rules and regulations of this Act; and
(n) Perform such other functions as may be necessary in order to implement the provisions of this Act.
Sec. 8. Qualifications of the Chairperson and Members of the Board. – The Chairperson and members of the Board must meet the following qualifications:ChanRoblesVirtualawlibrary
(a) A citizen and resident of the Philippines;chanrobleslaw
(b) Of good moral character and of sound mind;chanrobleslaw
(c) A holder of at least a master’s degree in Chemistry conferred by a chemistry institution recognized by the Commission on Higher Education (CHED) or by a reputable foreign university;chanrobleslaw
(d) A registered chemist who has been in active practice for at least ten (10) years;chanrobleslaw
(e) A person who does not have any pecuniary interest, directly or indirectly, in any higher educational institution conferring an academic degree necessary for admission to the practice of chemistry or where review classes in preparation for the licensure examination are being offered or conducted, nor shall one be a member of the faculty or administration thereof;chanrobleslaw
(f) A member in good standing of the APO;chanrobleslaw
(g) Not an officer or trustee of the APO; and
(h) Not convicted by a court of competent jurisdiction of an offense involving moral turpitude.
Sec. 9. Term of Office. – The Chairperson and members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed. They may be reappointed for another term of three (3) years immediately after the expiry of their term: Provided, That their terms should not be more than two (2) terms or not more than six (6) years, whichever is longer: Provided, further, That the first Board under this Act shall hold these terms of office: the Chairperson for three (3) years, the first member for two (2) years and the second member for one (1) year: Provided, finally, That any appointee to a vacancy with an unexpired period shall only serve such period. The Chairperson and the members of the Board shall duly take their oaths of office.
Sec. 10. Compensation of the Board. – The Chairperson and members of the Board shall receive such compensation and allowances comparable to that being received by the Chairperson and members of other professional regulatory boards under the Commission as provided for in the General Appropriations Act.
Sec. 11. Custodian of Records, Secretariat and Support Services. – All records of the Board, including applications for examinations, examination papers and results, minutes of meetings, deliberations of administrative and other investigative cases involving the Board shall be kept by the Commission. The Commission shall designate the Secretary of the Board and shall provide secretariat and other support services to implement the provisions of this Act.
Sec. 12. Grounds for Suspension or Removal of the Chairperson and Members of the Board. – The President, upon the recommendation of the Commission after due process and administrative investigation conducted by the Commission, may remove or suspend a Chairperson or member of the Board on any of the following grounds:ChanRoblesVirtualawlibrary
(a) Gross neglect, incompetence or dishonesty in the discharge of one’s duty;chanrobleslaw
(b) Violation of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other laws; and
(c) Manipulation or rigging of the licensure examination results, or disclosure of examination questions prior to the conduct of the examination, or tampering of the grades. The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, otherwise known as the “PRC Modernization Act of 2000”, the rules on administrative investigation, and the applicable provisions of the new Rules of Court.
Sec. 13. Annual Report and Annual Meeting. – The Board shall submit an annual report to the Commission after the close of each fiscal year, giving a detailed account of the proceedings of the Board during the year and embodying such recommendations to the Commission as the Board may desire to make. At least once a year, the Board shall meet with the APO, representatives of departments of chemistry in higher educational institutions, and the CHED to discuss matters pertinent to the professional practice of chemistry.
LICENSURE EXAMINATION AND REGISTRATION
Sec. 14. Certificate to Practice Chemistry and Chemical Analysis. – Unless exempt from registration or from the requirements of this Act, no person shall practice or offer to practice as a chemist or chemical technician in the Philippines, without having previously obtained a certificate of registration from the Board and a professional identification card.
Sec. 15. Requirement for Registration as Chemist and Chemical Technician. – All applicants for registration for the practice of chemistry and chemical analysis in the Philippines shall be required to pass the licensure examination prescribed herein unless otherwise provided in this Act.
Sec. 16. Qualifications of an Applicant for Chemist. – Any person applying for admission to the chemistry examination must:ChanRoblesVirtualawlibrary
(a) Be a citizen and resident of the Philippines or a foreign citizen whose country or state has reciprocity with the Philippines in the practice of chemistry;chanrobleslaw
(b) Be of good moral character and of sound mind;chanrobleslaw
(c) Be a graduate of any higher educational institution and a holder of a degree of Bachelor of Science (BS) in Chemistry or an allied degree, the curricula of which are under the academic supervision of the CHED: Provided, That the applicant must have earned at least sixty (60) university units in chemistry which shall include all of the professional chemistry courses: Provided, further, That the allied degree and its curriculum shall have passed the evaluation of the Board Graduates of reputable foreign universities who have been conferred the degree of BS Chemistry or its equivalent, and whose curriculum includes all of the professional chemistry courses, may apply to take the licensure examination, subject to evaluation by the Board; and
(d) Have not been convicted of a crime or an offense involving moral turpitude by a court of competent jurisdiction.
Sec. 17. Scope of Examination for Chemists. – The Chemistry licensure examination shall cover the following professional chemistry subjects: Analytical Chemistry, Organic Chemistry, Biochemistry, Inorganic Chemistry and Physical Chemistry: Provided, That the relative weight of any subject shall not exceed thirty percent (30%) or be less than fifteen percent (15%) of the total. The Board may modify the coverage of the Board examination as required by developments in chemistry and the professional practice of chemistry. In such a case, the Board shall consult with the CHED and the APO for chemistry. The Board must announce revisions in chemistry subjects and topics at least two (2) years prior to their inclusion in the Board examination.
Sec. 18. Qualifications of an Applicant for Chemical Technician. – To be authorized to practice the profession of chemical technician, an applicant must:ChanRoblesVirtualawlibrary
(a) Be a citizen of the Philippines or a citizen of a foreign country which grants the corresponding privilege to Filipinos;chanrobleslaw
(b) Be of good moral character and of sound mind; and
(c) Have successfully completed at least thirty (30) units of undergraduate chemistry courses from an institution duly recognized by the CHED or the Technical Education and Skills Development Authority (TESDA). The courses should include both lecture and laboratory courses in the following subjects: General Chemistry, Analytical Chemistry and Organic Chemistry. A certified true copy of the applicant’s transcript of records must accompany the application.
Sec. 19. Scope of Examination for Chemical Technician. – The licensure examination for chemical technician shall cover practical aspects of laboratory work in the following chemistry subjects with equal weights: Analytical Chemistry and Organic Chemistry. The Board may modify the coverage of the Board examination as required by developments in chemistry and the professional practice of chemical analysis. In such a case, the Board shall consult with the CHED, the TESDA and the APO for chemistry. The Board must announce revisions in chemistry subjects and topics at least two (2) years prior to their inclusion in the Board examination.
Sec. 20. Holding of Examination. – The examination of candidates desiring to practice chemistry and chemical technician in the Philippines shall be given at least once each calendar year on the date and venue prescribed by the Commission in accordance with the “PRC Modernization Act of 2000”.
Sec. 21. Examination Fees. – An applicant admitted to take the chemistry examination shall pay such fees as may be prescribed by the Commission before being allowed to take the examination.
Sec. 22. Ratings in the Licensure Examination. – The Board and the Commission shall issue certificates of registration if the examinee attains the following ratings:ChanRoblesVirtualawlibrary
(a) Examination for Chemist: the examinee must obtain a general average of at least seventy percent (70%) and no rating less than fifty percent (50%) in any subject: Provided, however, That if the examinee passes any two (2) subjects, the examinee shall automatically qualify as a chemical technician; and
(b) Examination for Chemical Technician: the examinee must obtain an overall average of at least seventy percent (70%) and no rating less than fifty percent (50%) in any subject.
The results of the examination shall be released not later than the tenth (10th) day from the last day of the examination.
Sec. 23. Exemption from Examination for Chemists. – Holders of a doctoral degree in Chemistry from a reputable university may apply for registration as chemists without examination from the Board. They must submit a copy of their undergraduate and graduate diplomas, transcripts and cover pages of their doctoral thesis: Provided, That such individuals must show evidence that they have been active in the practice of chemistry. The Board may require presentation of the doctoral thesis and other evidence of competence and achievement in chemistry.
Sec. 24. Issuance of Temporary/Special Permit. – The Board may issue a temporary/special permit to practice chemistry to the following persons upon proper application with the Board:ChanRoblesVirtualawlibrary
(a) Foreign-based chemists, recognized as experts in then specific field of chemistry, who are invited by the Republic of the Philippines for purposes of consultation or for a specific project: Provided, That their practice shall be confined to such work; and
(b) Foreign-based chemists, who have distinguished themselves in their respective fields of specialization, contracted as professors or lecturers on chemistry subjects by Philippine schools, colleges, institutes or universities on a direct hire or exchange basis. The temporary/special permit shall indicate the period of validity but shall not exceed three (3) years. It may be renewed subject to the rules and regulations of the Board. Complaints or questions regarding such individuals may be directed to the Board for verification or action.
Sec. 25. Professional Oath. – All persons to be admitted to the practice as registered chemists and registered chemical technicians are required to take their oath before the Board or any officer authorized by the Commission prior to the issuance of their certificate of registration.
Sec. 26. Issuance of Certificate of Registration for Chemist and Chemical Technician. – A certificate of registration for a chemist and a chemical technician shall be issued by the Board to examinees who have passed the relevant licensure examination subject to the payment of fees prescribed by the Commission. The certificate of registration shall state the full name of the registrant and registration number, bear the signature of the Chairperson of the Commission and the Chairperson and members of the Board, and shall be authenticated by the official seal of the Commission and the Board. The certificate of registration shall remain in full force and effect unless suspended or revoked under the provisions of this Act.
Sec. 27. Issuance of Professional Identification Card for Chemist and Chemical Technician. – A professional identification card shall be issued to holders of a valid certificate of registration as chemist, subject to the payment of fees prescribed by the Commission. A professional identification card for chemical technician shall be issued to holders of a valid certificate of registration for chemical technician. The professional identification card shall state the full name of the registrant and the registration number, bear the signature of the Chairpersons of the Commission and the Board, and shall be authenticated by the official seal of the Commission and the Board. The professional identification card shall be valid for a period of three (3) years, subject to renewal: Provided, That the certificate of registration shall not have been suspended or revoked under the provisions of this Act.
Sec. 28. Indication of Numbers: Certificate of Registration and Professional Tax Receipt. – All registered chemists shall be required to indicate the Certificate of Registration (CR) Number and Professional Tax Receipt (PTR) Number, their respective dates and places of issuance and their expiration date on all official documents they issue.
Sec. 29. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. – The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered chemist or to cancel a temporary/special permit granted to a foreign chemist, based on the following grounds:ChanRoblesVirtualawlibrary
(a) Any act of misrepresentation, dishonesty, unethical conduct or gross incompetence in connection with the performance of chemistry services as defined in this Act or any act inimical to the chemistry profession;chanrobleslaw
(b) Immorality or commission of any act involving moral turpitude;chanrobleslaw
(c) Conviction by final judgment of a court of competent jurisdiction of any criminal offense; or
(d) Judicial declaration that the former is of unsound mind.
The Board may, for reason it may deem sufficient and upon proper petition, reissue revoked certificates of registration or other certificates.
Sec. 30. Membership in the Accredited Professional Organization (APO). – Registered chemists and chemical technicians are required to maintain regular and associate membership, respectively, in the APO. Membership in the APO shall not be a hindrance to membership in other associations.
Sec. 31. Continuing Professional Development (CPD). – The CPD program guidelines for chemistry and chemical analysis shall be prescribed and promulgated by the Board, subject to the approval of the Commission. The Board shall create a CPD Council to administer the program. The Council shall be composed of a Chairperson coming from the Board, a member from the APO and a member from the academe.
Sec. 32. Roster of Chemists and Chemical Technicians. – The Commission shall keep a roster of all registered chemists and chemical technicians, containing their names, registration numbers and places of business. The Commission shall regularly update such roster and make it available to all interested parties.
Sec. 33. Seal of a Registered Chemist. – Each registered chemist shall, upon registration, obtain a seal as prescribed by the Board with the label “Registered Chemist” bearing the registrant’s name and registration number. All official documents or reports that require the certification or signature of the registered chemist shall be stamped with the latter’s personal seal.
Sec. 34. Foreign Reciprocity. – No foreign chemist 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 chemist is a subject or citizen permits Filipino chemists to practice within its territorial limits on the same basis as the subjects or citizens of said country or state.
Sec. 35. Certificate of Authority to Operate for Firms, Corporations and Government Agencies. – Only firms, corporations and government agencies, duly authorized by the Board, that hold a valid certificate may operate a chemical laboratory or engage in the practice of chemistry or chemical analysis in the Philippines: Provided, That such chemical practice is carried out only by registered chemists or registered chemical technicians holding valid certificates of registration and professional identification cards issued by the Board. The person or officer who is charged with the management or administration of such firm, corporation or government agency shall be held personally liable for violations of this Act.
Sec. 36. Requirements for Certificate of Authority to Operate. – The Board, in consultation with the relevant entities and the APO, shall set the requirements for the issuance of the certificate of authority to operate a chemical laboratory or to engage in the practice of chemistry or chemical analysis. Such requirements shall be issued as Board resolutions.
Sec. 37. Roster of Chemical Laboratories and Related Entities. – The Commission shall keep a roster of all chemical laboratories and entities engaged in the practice of chemistry, including their business addresses and registration numbers. The Commission shall regularly update such roster.
Sec. 38. Penal Clause for the Professional Practice of Chemistry and Chemical Analysis. – No person shall undertake the professional practice of chemistry or chemical analysis without a valid certificate of registration and professional identification card. This includes any person who:ChanRoblesVirtualawlibrary
(a) Practices chemistry without a valid certificate of registration and/or a valid professional identification card or a valid temporary/special permit;chanrobleslaw
(b) Attempts to use the certificate, license number or seal of another person or impersonate any registered chemist or chemical technician;chanrobleslaw
(c) Abets the illegal practice of chemistry by an unregistered or unauthorized person;chanrobleslaw
(d) Furnishes the Board or the Commission any false information or document in order to secure a certificate of registration; or
(e) Impersonates a registered chemist or a holder of a temporary/special permit. Upon conviction, a violator shall be sentenced with a penalty of imprisonment for a period of not less than one (1) month but not more than one (1) year, or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than one million pesos (P1,000,000.00), or both, at the discretion of the court.
Sec. 39. Penal Clause for Chemical Laboratories and Related Firms. – No chemical laboratory or firm shall undertake activities covered by this Act without a valid authority to operate the same. The president or the highest ranking officer of the corporation shall be held liable for violations of this Act. Upon conviction, these persons shall be sentenced to a penalty of imprisonment for a period of not less than one (1) month but not more than one (1) year, or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than one million pesos (P1,000,000.00), or both, at the discretion of the court.
Sec. 40. Reports and Other Legal Documents. – Any document related to the practice of chemistry shall not be considered as official or admissible for legal purposes unless such document is signed by a registered chemist and the chemist’s registration number affixed thereto. A registered chemical technician who performs a chemical analysis test in conjunction with a test or task performed by a registered chemist shall likewise sign such report or document and affix one’s registration number and official seal.
Sec. 41. Coverage of Professional Practice. – A duly licensed professional chemist cannot be prevented from the practice of chemistry if the work is within the scope of the practice of chemistry or chemical analysis. Likewise, this Act shall not prevent the practice of any legally recognized allied profession: Provided, That the activity is within the scope of the allied profession.
Sec. 42. Hazard Pay, Health and Accident Insurance, and Legal Assistance. – Registered chemists and registered chemical technicians who are exposed to chemicals as part of their regular responsibilities are entitled to hazard pay and insurance coverage commensurate to the risk involved. Likewise, registered chemists and registered chemical technicians who face civil or criminal suits arising from chemistry work done in good faith are entitled to legal assistance to be provided by the employer/laboratory for whom the work was performed.
Sec. 43. Term of Office of Incumbent Board. – The incumbent Chairperson and members of the Board at the time of approval of this Act shall automatically function and hold office for another two (2) years from the date of effectivity of this Act or for the duration of their current term, whichever is longer. The Board shall then promulgate the provisions, rules and regulation for the implementation of this Act.
Sec. 44. Vested Rights: Automatic Registration of Chemists and Chemical Technicians. – All chemists and chemical technicians who are registered under Republic Act No. 754 at the time of effectivity of this Act shall automatically be considered registered and shall hold the same registration number. The validity and period of the existing professional license shall continue in force until its date of expiry.
Sec. 45. Preparation of Seal of Registered Chemist. – Within three (3) years from the date of effectivity of this Act, all duly registered chemists with a valid professional license shall obtain an official seal prescribed by the Board with the label “Registered Chemist” bearing the chemist’s name and registration number. All official documents or reports which require the certification or signature of the registered chemist shall be stamped with the personal seal of the registered chemist.
Sec. 46. Grace Period. – There shall be a three (3)-year grace period for all individuals and institutions to comply with the provisions of this Act. The same grace period shall be enjoyed by those who, on the date of effectivity of this Act, are teaching professional chemistry subjects during which time they must fulfill the following requirements:ChanRoblesVirtualawlibrary
(a) Completion of at least sixty (60) units of chemistry subjects in an undergraduate degree course which must include all of the professional chemistry subjects. This may include chemistry subjects taken before or after the date of effectivity of this Act;chanrobleslaw
(b) Must have been already teaching these subjects satisfactorily for at least three (3) years on the date of effectivity of this Act;chanrobleslaw
(c) Compliance with all other reasonable requirements or criteria that the Board may set to demonstrate one’s competence to teach such subjects; and
(d) Active participation in CPD for chemistry. After the three (3)-year grace period, such individuals must submit the certified true copies of all of their relevant transcripts for evaluation. Those who are evaluated to have fulfilled the requirements shall be issued a special permit to teach professional chemistry subjects. However, such permission to teach professional chemistry subjects shall not be construed as permission to practice chemistry.
Sec. 47. Implementing Rules and Regulations (IRR). – Subject to the approval of the Commission, the Board, within sixty (60) days, shall adopt and promulgate the IRR and the Code of Ethics for the Practice of Chemistry, and other resolutions necessary to carry out the provisions of this Act.
Sec. 48. Appropriations. – The Chairperson of the PRC shall immediately include in the Commission’s programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.
Sec. 49. Separability Clause. – If any section of this Act shall be declared unconstitutional or invalid, such shall not invalidate any other section of this Act.
Sec. 50. Repealing Clause. – Republic Act No. 754 and all other laws, parts of laws, orders, ordinances or regulations in conflict with the provisions of this Act are hereby repealed.
Sec. 51. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.chanroblesvirtuallawlibrary
|(Sgd.) FRANKLIN M. DRILON|
President of the Senate
|(Sgd.) FELICIANO BELMONTE JR.|
Speaker of the House
This Act was passed by the House of Representatives as House Bill No. 5016 on October 29, 2014 and adopted by the Senate as an amendment to Senate Bill No. 914 on January 26, 2015.
|(Sgd.) OSCAR G. YABES|
Secretary of the Senate
|(Sgd.) MARILYN B. BARUA-YAP|
House of Representatives
Approved: March 27, 2015
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines