AN ACT REGULATING THE PRACTICE OF GEOLOGY IN THE PHILIPPINES

Case Overview and Summary

Summary of the Geology Profession Act of 2012

Title and Policy (Sections 1-2):
- This Act shall be known as the "Geology Profession Act of 2012".
- It aims to regulate the geology profession, upgrade geology education, and ensure high standards of professional practice.

Objectives and Definitions (Sections 3-4):
- Govern the examination, registration, licensure, supervision, and regulation of the geology profession.
- Develop professional competence through continuing education.
- Integrate the geology profession.
- Defines key terms like "practice of geology", "Board", "accredited professional organization", and "continuing professional education".

Scope of Practice (Section 5):
- Outlines activities considered as practicing geology, including:
• Geological surveys and mapping.
• Mineral and energy resource exploration.
• Geohazard studies.
• Hydrogeological studies.
• Rock and soil characterization.
• Environmental assessment and management.
• Data processing, petrology, and laboratory studies.
• Preparation of geological reports.
• Teaching geology courses.
- The Board may add or exclude acts from the scope of practice.

Professional Regulatory Board of Geology (Sections 6-13):
- Creates the Professional Regulatory Board of Geology under the Professional Regulation Commission.
- Outlines the Board's powers and duties, including:
• Supervising and regulating the geology profession (Section 7a).
• Evaluating applicants' qualifications (Section 7b).
• Prescribing examination subjects and syllabi (Section 7c).
• Issuing certificates of registration and professional IDs (Section 7d).
• Issuing temporary/special permits to foreign geologists (Section 7e).
• Enforcing compliance with the Act and issuing compliance certificates (Section 7f).
• Inspecting educational institutions' geology programs (Section 7g).
• Adopting implementing rules, code of ethics, and professional standards (Sections 7h-7i).
• Investigating violations and hearing administrative cases (Sections 7j-7l).
• Administering oaths and prosecuting violators (Sections 7m, 7p).
• Prescribing the geology profession seal (Section 7n).
• Submitting annual reports (Section 7o).
• Prescribing guidelines for continuing professional education (Section 7q).
- Outlines qualifications, terms of office, compensation, and grounds for suspension or removal of Board members (Sections 8-12).
- Requires the Board to submit an annual report to the Commission (Section 13).

Licensure Examination and Registration (Sections 14-29):
- Requires passing a licensure examination for registration, except for exemptions (Section 14).
- Examinations to be held at least once a year (Section 15).
- Examination subjects include General Geology, Petrology and Mineralogy, and Applied Geology (Section 16).
- Outlines qualifications for examination, including citizenship, degree, good moral character, and no conviction of moral turpitude (Section 17).
- Applicants must pay examination fees (Section 18).
- Passing score is 70% general weighted average and at least 50% in each subject (Section 19).
- Examination results to be reported within 10 days (Section 20).
- Certificates of registration and professional IDs to be issued to registered geologists (Section 21).
- Certificates of specialization may be issued to registered geologists with expertise in specific fields (Section 22).
- Registered geologists must obtain a prescribed seal (Section 23).
- Fees for registration to be paid (Section 24).
- Temporary/special permits may be issued to foreign geologists under certain conditions (Section 25).
- Ph.D. holders in Geology or equivalent may be exempted from the licensure examination (Section 26).
- Grounds for refusal to register, including conviction of moral turpitude, dishonorable conduct, and unsound mind (Section 27).
- Grounds for revocation or suspension of registration, including violation of the Act, fraud, incompetence, immorality, and aiding illegal practice (Section 28).
- Revoked certificates may be reissued after 2 years, and lost certificates may be replaced (Section 29).

Practice of Geology (Sections 30-35):
- Prohibits practicing geology without a valid certificate of registration, professional ID, or temporary permit (Section 30).
- Only licensed and registered persons may practice geology, and they may form partnerships (Section 31).
- Existing registered geologists shall be automatically registered under this Act (Section 32).
- Foreign reciprocity required for granting rights and privileges to foreign geologists (Section 33).
- Registered geologists must indicate their registration number, validity, professional tax, and organization membership on documents (Section 34).
- The geology profession shall be integrated into one national accredited professional organization (Section 35).

Penal and General Provisions (Sections 36-44):
- Penalties for illegal practice, including fines from PHP 10,000 to PHP 1,000,000 and/or imprisonment from 1 month to 5 years (Section 36).
- This Act shall not affect other legally recognized professions (Section 37).
- Authorities shall assist in enforcing the Act (Section 38).
- The Board shall adopt implementing rules, code of ethics, and professional standards within 90 days (Section 39).
- Funding for implementation to be included in the annual General Appropriations Act (Section 40).
- Transitory provisions for existing registered geologists, faculty members, and incumbent Board members (Section 41).
- Separability clause for unconstitutional provisions (Section 42).
- Repeals Republic Act No. 4209 and other inconsistent laws (Section 43).
- Effectivity clause 15 days after publication in the Official Gazette or newspapers (Section 44).