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

Sixteenth Congress
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:

ARTICLE I
TITLE, POLICY AND DEFINITIONS

Section 1. Title. – This Act shall be known as the "Chemistry Profession Act".

Section 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.

Section 3. Definition of Terms. – As used in this Act:

Section 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:

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.

Section 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.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF CHEMISTRY

Section 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.

Section 7. Powers and Duties of the Board. – The Board shall have the following powers and duties:

Section 8. Qualifications of the Chairperson and Members of the Board. – The Chairperson and members of the Board must meet the following qualifications:

Section 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.

Section 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.

Section 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.

Section 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:

Section 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.

ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION

Section 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.

Section 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.

Section 16. Qualifications of an Applicant for Chemist. – Any person applying for admission to the chemistry examination must:

Section 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.

Section 18. Qualifications of an Applicant for Chemical Technician. – To be authorized to practice the profession of chemical technician, an applicant must:

Section 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.

Section 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".

Section 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.

Section 22. Ratings in the Licensure Examination. – The Board and the Commission shall issue certificates of registration if the examinee attains the following ratings:

The results of the examination shall be released not later than the tenth (10th) day from the last day of the examination.

Section 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.

Section 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:

Section 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.

Section 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.

Section 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.

Section 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.

Section 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:

The Board may, for reason it may deem sufficient and upon proper petition, reissue revoked certificates of registration or other certificates.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

ARTICLE IV
GENERAL PROVISIONS

Section 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:

Section 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.

Section 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.

Section 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.

Section 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.

ARTICLE V
TRANSITORY PROVISIONS

Section 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.

Section 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.

Section 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.

Section 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:

ARTICLE VI
FINAL PROVISIONS

Section 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.

Section 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.

Section 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.

Section 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.

Section 51. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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.

Approved: MAR 27 2015

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines