115 OG NO. 18, 4450 (May 6, 2019)

[ REPUBLIC ACT NO. 11241, March 11, 2019 ]

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 Philippines in Congress assembled:

SECTION 1. Short Title of Act. - This Act shall be known as "The Philippine Occupational Therapy Law of 2018".

SEC. 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.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) Occupational Therapy - is a client-centered health and well-being through occupation. The primary goal of occupational therapy is to enable people to participate in activities of everyday life. Occupational therapists achieve this outcome by working with people and communities they want to, need to, or are expected to do, or by modifying the occupation or the environment to better support their occupational engagement.

(b) The Scope and Nature of the Practice of Occupational Therapy. - shall embrace, but is not limited to, the analysis and application of purposeful and meaningful activities need to, or are expected to do, or by modifying the occupation or the environment to better support their occupational engagement.

(c) The Scope and Nature of the Practice of Occupational Therapy. - shall embrace, but is not limited to, the analysis and application of purposeful and meaningful activities specifically directed to occupational performance in the areas of self-care, work, play, and leisure. Reference to occupation is in the context of the individual's goal-directed use of time, energy, interest, and attention. Upon referral, occupational therapists interpret and intervene or address problems impeding functional or adaptive performance. The purpose is to prevent limitations in participation, and to promote, maintain, or restore occupational performance, health, and psychosocial well-being. Occupational therapy may be part of the health and/or social services in hospitals, community settings such as residential, vocational, and leisure centers, schools, day programs, private agencies, the academe, clinics, the workplace and other organizations which provide preventive or health promotive services.

(d) Occupational Therapist . - refers to a person who is a holder of a valid registration and professional license issued by the Board of Occupational Therapy and the Professional Regulation Commission, and who is legally qualified to practice occupational therapy in the Philippines pursuant to this Act.

ARTICLE II

CREATION OF THE PROFESSIONAL REGULATORY
BOARD OF OCCUPATIONAL THERAPY

SEC. 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.

SEC. 5. Powers and Functions of the Board. - The Board shall have the following powers and functions:

(a) Promulgate, administer, and enforce rules ans regulations necessary for carrying out the provisions of this Act;

(b) Supervise and regulate the registration. licensure and practice of occupational therapy in the Philippines;

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

(d) Adopt an official seal of the Board;

(e) Maintain a roster of occupational therapists indicating therein the basic information about the registered professionals;

(f) Issue, reinstate, suspend, cancel or revoke the registration and license, or special permits for the practice of occupational therapy;

(g) Study and monitor conditions affecting the practice of occupational therapy and adopt such measures as may be deemed necessary for the enhancement of the profession and maintenance of high professional and ethical standards;

(h) Ensure, in collaboration with the Commission on Higher Education (CHED) or its equivalent, that all educational institutions offering occupational therapy education comply with the prescribed policies, standards, and guidelines;

(i) Prescribe the Code of Ethics and Standards of Practice for occupational therapists endorsed by the accredited and integrated professional organization of occupational therapists;

(j) Hear or investigate any violations of this Act, its implementing rules and regulations and the Code of Ethics, and for this purpose, issue subpoena duces tecum and/or ad testificandum to secure the appearance of the witnesses and the production of documents in connection therewith: Provided, That the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of judgment or decision;

(k) Prescribe guidelines and criteria in the Continuing Professional Development (CPD) program for occupational therapists;

(l) Prescribe the subjects in the licensure examination and table of specifications, determine the syllabi of the subjects and their relative weights, score and the rate examination papers, and submit the results to the Commission within the period provided for in the rules of the Commission;

(m) Administer the examinations to applicants for the practice of occupational therapy in accordance with the provisions of this Act;

(n) Adopt a program for the full computerization of the licensure examination;

(o) Grant registration without examination subject to approval by the Commission;

(p) Issue special permits to persons admitted to the practice of occupational therapy for a specific duration of time, and certificates of recognition for advanced studies, researches and accomplishments that contribute to the enrichment of the profession; and

(o) Perform such other powers and functions as deemed necessary to carry out the objectives of this Act.

The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to review and approval of the Commission.

SEC. 6. Qualifications of Board Members. - The members of the Board shall, at all time of their appointment, posses the following qualifications:

(a) A resident of the Philippines for at least (5) years;

(b) A duly registered occupational therapist under this Act, with a valid certificate of registration and professional license;

(c) Has engaged in rendering occupational therapy services for at least five (5) continuous years immediately preceding appointment;

(d) A member of good standing of the accredited and integrated professional organization of occupational therapists, and not an officer thereof;

(e) Has no prior conviction by any competent court, of an offense involving moral turpitude; and

(f) Has no pecuniary interest, directly or indirectly, in any school, college or university or institution conferring an academic degree necessary for admission to the practice of occupational therapy; or where review classes in preparation for licensure examination are offered or conducted; nor be a member of faculty or administration thereof.

SEC. 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 nit 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 11. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed account ot 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

SEC. 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.

SEC. 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:

(a) A citizen of the Philippines or a foreigner whose country has reciprocity agreement with the Philippines;

(b) Has not been convicted of an offense involving moral turpiture; and

(c) A graduate of a Bachelor of Science in Occupational Therapy degree or its equivalent as determined by the Board from a school, college or university in the Philippines or abroad whose occupational therapy program is recognized by the CHED.

SEC. 14. Scope of Examination. - The licensure examination for occupational therapists shall cover the basic science and health science foundations integrated into the following domains:

(a) Occupational Therapy Applications 1

(1) Occupational Therapy Theories and Frames of Reference

(2) Growth and Human Development

(3) Occupational Performance and Behavior Across the Lifespan

(4) Occupational-based practice

(b) Occupational Therapy Application 2

(1) Adult Physical Dysfunction

(2) Occupational Therapy in Pediatrics

(3) Occupational therapy in Geriatrics

(4) Psychosocial Dysfunction

(5) Community-based practice

(c) Occupational Therapy Application 3

(1) Professional Reasoning and Behavior

(2) Professional Competence and Ethics

(3) Organization, Administration and Management

(4) Research Process

The Board, subject to the approval by the Commission, may revise or exclude any of the subjects or add new ones as the need arises, and may adjust or modify the percentage weight of the subjects in order to keep the examination abreast and in conformity with the latest development in the profession here and abroad.

SEC. 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 that sixty percent (60%) in any given subject.

SEC. 16. Report of Ratings. - The Board shall submit to the Commission the ratings obtained by each candidate within ten (10) calendar days after examination, unless extended for just cause.

SEC. 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 therapist 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.

SEC. 18. Initial. - The initials OTRP, which stands for Occupational therapist Registered Philippines, shall be used following the name of registered occupational therapist, especially when signing documents pertinent to the practice of the profession.

SEC. 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.

SEC. 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 the taking another examination.

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

SEC. 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.

SEC. 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 pf his/her profession.

SEC. 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 practitioner's 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.

SEC. 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.

SEC. 25. Issuance of Special and Temporary Permit. - Special or temporary permits upon recommendation of the integrated professional organization of occupational therapist 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:

(a) Foreign-licensed occupational therapists called for consultation or a specified purpose that is deemed essential to national development: Provided, That the practice shall be limited only for the particular work being engaged: Provided, further, That there is no Filipino therapist qualified for such consultation or purpose;

(b) Foreign-licensed occupational therapists whose service shall be free and who are highly needed under particular settings;

(c) Foreign-licensed occupational therapist recognized as an expert or specialist whose service is deemed essential to the advancement of the profession in the Philippines.

The permit shall, among other things, include these limitations and conditions: valid only for a period of not more than one (1) year subject to renewal; the branch or specialty of occupational therapy which the permit holder can practice; and the specific place or places of practice such as clinic, hospital, center, school/college/university offering the course of occupational therapy. The Board, subject to the approval by the Commission, shall prescribe rules and regulations for the implementation of this particular section.

ARTICLE IV

PRACTICE OF OCCUPATIONAL THERAPY

SEC. 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.

SEC. 27. Prohibited Acts. - No person shall:

(a) Engage in the practice of occupational therapy by representing himself/herself as an occupational therapist without a valid registration, professional license, or a valid temporary/special permit granted by the Board pursuant to this Act;

(b) Represent to be an occupational therapist during the time that his/her professional license is not valid or that his/her certificate of registration has been suspended or revoked, or that his/her temporary/special permit has been cancelled;

(c) Allow anybody to use his/her certificate of registration and/or professional license and/or temporary/special permit as an occupational therapist to enable such unqualified individual to engage in the practice of occupational therapy;

(d) Use as his/her own the certificate of registration, professional license, or temporary/special permit of another person; and

(e) Violate any provision of the Code of Ethics as recommended by the accredited national organization of occupational therapists.

SEC. 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.

SEC. 29. Continue 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 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.

SEC. 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 therapist. 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.

SEC. 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

SEC. 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 (P20,000.00) nor more than Fifty thousand pesos (P50,000.00), or by imprisonment of not less than two (2) years nor more than five (5) years, or both, at the discretion of the court.

SEC. 33. Funding Provision. - The Chairman of the Commission shall immediately include in the Commission's budget program, the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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,  

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.    
 

Approved: MAR 11 2019

(SGD.) RODRIGO ROA DUTERTE
    President of the Philippines   

Source: Supreme Court E-Library