AN ACT REGULATING THE PRACTICE OF RESPIRATORY THERAPY

Case Overview and Summary

Summary of Republic Act No. 10024 (Philippine Respiratory Therapy Act of 2009)

Definitions (Section 3):
- Respiratory Therapy: Allied health specialty for treatment, management, control, diagnostic evaluation and care of patients with cardiopulmonary deficiencies and abnormalities.
- Respiratory Therapist: Holder of valid certificate and ID card issued by the Professional Regulatory Board of Respiratory Therapy and legally qualified to practice in the Philippines.
- Respiratory Therapy Technician: Registered person who underwent 2-year associate/certificate program and whose assignments are supervised by a registered respiratory therapist.
- Accredited Respiratory Training Center: Respiratory therapy unit/lab approved by the Department of Health.
- Recognized School of Respiratory Therapy: School/college/university offering respiratory therapy course approved by CHED.

Professional Regulatory Board of Respiratory Therapy (Sections 4-11):
- Created under the Professional Regulation Commission, composed of a Chairperson and 2 members appointed by the President.
- Qualifications: Natural-born Filipino citizen, at least 35 years old for Chairperson or 30 for member, registered respiratory therapist, bachelor's degree in respiratory therapy, 15 years of experience, not an officer of respiratory therapists' organization, no conflict of interest.
- Term: 3 years, maximum of 6 years.
- Powers and functions: Administer and enforce rules, study conditions affecting the profession, ensure compliance of educational institutions, supervise and regulate registration and practice, issue/revoke certificates and permits, prescribe Code of Ethics, investigate violations, determine exam qualifications and subjects, adopt computerized exam, prescribe CPE guidelines.

Licensure Examination and Registration (Sections 12-26):
- Examination required for all applicants, covering subjects like patient assessment, pathophysiology, ventilation, blood gases, airway management, pulmonary function testing, rehabilitation, and oxygen therapy. (Section 14)
- Passing score: 75% general average, no grade below 60%. (Section 15)
- Registration without exam allowed within 2 years for those with: (Section 16)
- Bachelor's degree in Respiratory Therapy + 10 years of experience
- Bachelor's degree in allied health + 10 years of experience
- Non-degree certificate/associate degree + 15 years of experience
- Certificate of Registration and Professional ID card issued to registered respiratory therapists, valid for 3 years. (Section 19)
- Registration number and professional tax receipt number must be indicated. (Section 21)
- Professional suffix "RTRP" to be used. (Section 22)
- Revocation, suspension, reinstatement, and replacement of certificates and permits. (Sections 23-24)
- Roster of respiratory therapists to be maintained. (Section 25)
- Special/temporary permits for foreign respiratory therapists for consultation, teaching, or expertise. (Section 26)

Practice of Respiratory Therapy (Sections 27-34):
- Scope of practice under physician's direction includes: physiological testing, treatment implementation, pulmonary function testing, resuscitation, ventilatory support, medication administration, bronchopulmonary hygiene, pulmonary rehabilitation, polysomnography assistance, bronchoscopy assistance, research, and teaching. (Section 27)
- Prohibition on practicing without valid registration/permit. (Section 28)
- Prohibited acts like misrepresentation, allowing unqualified practice, and misuse of certificates/permits. (Section 29)
- Hospitals/clinics required to employ at least 3 registered respiratory therapists per shift. (Section 30)
- Code of Ethics and Standards to be adopted. (Section 31)
- Continuing Professional Education program mandatory. (Section 32)
- Integration of respiratory therapist associations into one national organization. (Section 33)
- Foreign reciprocity based on treatment of Filipino respiratory therapists in other countries. (Section 34)

Penalties and Implementation (Sections 35-41):
- Violations punishable by fine of at least ₱20,000 or imprisonment of at least 6 months. (Section 35)
- Funding from the annual General Appropriations Act. (Section 36)
- Implementing rules and regulations to be promulgated within 90 days. (Section 37)
- Separability clause for unconstitutional provisions. (Section 39)
- Repealing inconsistent laws, decrees, orders. (Section 40)
- Effectivity 15 days after publication in 2 national newspapers. (Section 41)