Implementing Rules and Regulations of Republic Act No. 10657, Otherwise Known as the Chemistry Profession Act

December 29, 2015

PROFESSIONAL REGULATORY BOARD OF CHEMISTRY RESOLUTION NO. 07, S. 2015

IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 10657 (CHEMISTRY PROFESSION ACT)

Pursuant to Section 7 (m) and Section 47 of Republic Act No. 10657, known as the "Chemistry Profession Act", the Professional Regulatory Board of Chemistry, with the approval of the Professional Regulation Commission, hereby adopts and promulgates this Implementing Rules and Regulations to carry out the provisions of Republic Act No. 10657.

RULE I

Title, Declaration of Policy and Definition of Terms

SECTION 1. Title. — This Resolution shall be known as the "IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10657, OTHERWISE KNOWN AS THE CHEMISTRY PROFESSION ACT", hereinafter referred to as the "IRR of R.A. No. 10657".

SECTION 2. Declaration of Policy. — The IRR of R.A. No. 10657 shall be interpreted, construed, and carried out in the light of Section 2 (Declaration of Policy) of R.A. No. 10657, which states as follows:

"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. — Unless otherwise provided, the following terms shall be understood to mean:

3.1 Board — refers to the Board of Chemistry as created by R.A. No. 10657;

3.2 Board Chairperson — refers to the Chairperson, Board of Chemistry;

3.3 Commission — refers to the Professional Regulation Commission;

3.4 Commission Chairperson — refers to the Chairperson, Professional Regulation Commission;

3.5 CHED — refers to the Commission on Higher Education;

3.6 TESDA — refers to the Technical Education and Skills Development Authority;

3.7 Certificate of Registration (CR) — refers to the document issued by the Commission, through the Board of Chemistry, signifying that the person named therein has complied with all the legal and procedural requirements for such issuance, including, in appropriate cases, passing the licensure examination; TIADCc

3.8 CR No. — refers to the Certificate of Registration Number;

3.9 PTR No. — refers to the Professional Tax Receipt Number;

3.10 Professional Identification Card (PIC) — refers to the document bearing the registration number, dates of issuance and expiry, duly signed by the Commission Chairperson issued to a registered chemist and chemical technician upon payment of the registration fee for three (3) years;

3.11 Accredited Professional Organization (APO) — refers to the professional organization duly accredited by the Commission to represent the Chemistry profession;

3.12 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 R.A. No. 10657;

3.13 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 and the Commission. A registered Chemist shall have the authority to undertake the professional practice of Chemistry.

3.14 Registered Chemical Technician — refers to any person who assists in the routine work of chemical analysis, chemical synthesis, and sale of chemicals and chemical equipment/apparatus, as defined herein, and who is duly registered with the Board and the Commission; Provided further, that they work or practice under the supervision of a registered Chemist;

3.15 Allied Profession — refers to other professions which require chemical analysis and chemical synthesis as part of the professional's work, such as medical technologists, medical laboratory technicians and pathologists, among others.

3.16 Chemical Analysis — refers to physico-chemical or biochemical procedure which involves the following and related techniques performed in the laboratory:

a) Measurement of properties, such as power of hydrogen (pH), oxidation-reduction potential, density, atomic or molecular weight and others;

b) Use of methods, such as titration, gravimetric analysis, electrochemical measurements, spectroscopy, chromatography, and others;

c) Determination of the atomic or molecular quantity of one or more components of a substance;

d) Determination of the atomic, molecular, surface or supramolecular nature or structure of substance;

e) Preparation of a sample for chemical analysis;

f) 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;

g) Calculations of physico-chemical or biochemical properties or concentrations of chemicals or bio-chemicals;

h) Computational methods applied to chemically or biochemically related matters, such as molecular design, molecular modelling, chemometrics, and others; and

i) Other similar analytical methods which characterize matter at the atomic, molecular or supramolecular level.

3.17 Chemical Synthesis — refers to the preparation in the laboratory of a compound or chemical entity from its elements or from other compounds or chemical entities by one (1) or more chemical reactions. Synthesis, as defined herein, refers to both chemical synthesis which may use chemical catalysts, biochemical synthesis which uses enzymes and other biological compounds to promote a reaction;

3.18 Chemical laboratory — refers to a facility where activities described in Sections 3.16 and 3.17 of this IRR are performed. A factory, mobile laboratory or field location where such activities are carried out shall likewise be considered a chemical laboratory. In laboratories where other types of analysis are performed, such as clinical, microbiological, metallurgical analysis, the provisions of R.A. No. 10657 and this IRR shall apply only to the section therein that performs chemical analysis as defined in R.A. No. 10657, and shall not cover on-line chemical analyses which are part of automated processes in industrial unit operations.

3.19 Allied Degree — refers to an academic degree program which: (a) satisfies the minimum curricular requirements specified in R.A. No. 10657; (b) is under the academic supervision of the CHED Technical Committee for Chemistry; and (c) has been evaluated and accepted by the Board;

3.20 Professional Chemistry Subjects — refers to the subjects which are part of the Chemistry licensure examination;

3.21 Foreign Reciprocity — refers to Section 7 (j) of R.A. No. 8981 and Section 34 of R.A. No. 10657 which provide that only foreign chemists whose laws allow Filipino chemists to practice within its territorial limits on the same basis as its own citizens or subjects shall be allowed to take the Chemistry licensure examination and be given a CR and PIC or be entitled to any of the privileges under R.A. No. 10657; AIDSTE

3.22 Temporary/Special Permit — refers to privilege granted to foreign-based Chemists invited by the Republic of the Philippines and/or contracted by educational institutions to practice in their specialty field of Chemistry. The Temporary/Special Permit is not to be construed as a grant of a Chemistry license but only as a permit or authority to practice for a limited period of time in a given specialty field of Chemistry;

3.23 Certificate of Authority to Operate — refers to the certificate issued by the Board and the Commission to a chemical laboratory that complies with the requirements for registration pursuant to such guidelines and procedures prescribed by the Board;

3.24 CPD — refers to Continuing Professional Development;

3.25 CPD Council — refers to the body composed of representatives from the Board, APO of Chemists and the academe which is principally charged with the accreditation of CPD providers and their programs;

3.26 Table of Specifications (TOS) — refers to the list of outcomes-based competencies which the licensure examination measures and assesses; and

3.27 R.A. No. 8981 — refers to The PRC Modernization Act of 2000.

RULE II

Professional Regulatory Board of Chemistry

SECTION 4. Creation of the Board of Chemistry. — The Board of Chemistry is hereby created, pursuant to R.A. No. 10657, under the administrative control and supervision of the Commission, to supervise and regulate the professional practice of Chemistry in the Philippines.

SECTION 5. Composition of the Board. — The Board shall be composed of a Chairperson and two (2) Members who shall be 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 APO of chemists.

SECTION 6. Powers and Duties of the Board. — The Board shall have the following powers and duties:

6.1 Supervise and regulate the practice of the Chemistry profession in the Philippines in accordance with the provisions of R.A. No. 10657;

6.2 Determine the requirements and evaluate the qualifications of applicants for registration and renewal of license of registered Chemists and registered Chemical Technicians;

6.3 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;

6.4 Issue, together with the Commission, CRs to persons admitted to the practice of the professions of Chemistry and Chemical Analysis;

 

6.5 Oversee, through the CPD Council, the conduct of the CPD program for professional Chemists and Chemical Technicians;

6.6 Determine, in consultation with the APO for the Chemistry profession, private industry and relevant government agencies, the requirements for registration or renewal of the permit to operate of chemical laboratories, both private and government, and other entities engaged in the practice of Chemistry and to issue, together with the Commission, the Certificate of Authority to Operate to those that satisfy said requirements;

6.7 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;

6.8 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. To achieve these goals, the Board shall promote and ensure conformance to international standards;

6.9 Represent the interests of the Chemistry profession, consistent with R.A. No. 10657, with relevant government agencies, including departments of the Executive Branch and the Civil Service Commission;

6.10 Adopt and promulgate the Code of Ethics and the Code of Good Governance for the practice of Chemistry;

6.11 Issue, in consultation with the relevant stakeholders and government agencies, Board Resolutions on the following matters and to update them as needed:

a) appropriate ratios as to the number of Chemists to Chemical Technicians in the laboratory;

b) grant of hazard pay and health and accident insurance to Chemists and Chemical Technicians;

c) provision of legal assistance to Chemists and Chemical Technicians;

d) scope/coverage of the professional practice of Chemistry;

e) the professional seal of Chemists;

f) appointment of the members of the CPD Council in accordance with the rules of the Commission;

g) CPD requirement in accordance with the rules of the Commission;

h) requirements for the renewal of the PIC;

i) courses required and other qualifications for Chemical Technician;

j) TOS for the licensure examination subjects for Chemist and Chemical Technician;

k) Code of Technical Standards, with provisions on the sale of chemicals, chemical apparatus, and chemical equipment;

l) issuance of Certificate of Authority to Operate to chemical laboratories;

m) designation of the APO for the Chemistry profession and prescribing for its functions and powers; and

n) other matters that are relevant to the professional practice of Chemistry.

6.12 Hear and decide administrative cases filed against Chemists, Chemical Technicians and owners and administrators of Chemical laboratories. The hearing shall be presided by the Chairperson or a Member of the Board with the assistance of an Attorney of the Commission. Any decision shall be decided by the majority of the Board. Decisions of the Board may be appealed to the Commission within fifteen (15) days from issuance of the notice; otherwise, such decisions shall become final and executory; AaCTcI

6.13 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;

6.14 Administer oaths in connection with the performance of its functions;

6.15 Adopt and prescribe the official seal of the Chemistry profession;

6.16 Submit an annual report on the proceedings and accomplishments during the year and/or recommendations to the Commission thirty (30) days after the close of each fiscal year; and

6.17 Perform such other functions as may be necessary in order to implement the provisions of R.A. No. 10657.

SECTION 7. Qualifications of the Chairperson and Members of the Board. — The Chairperson and Members of the Board must meet the following qualifications:

SECTION 7.1. a citizen and resident of the Philippines;

SECTION 7.2. of good moral character and of sound mind;

SECTION 7.3. a holder of at least a master's degree in Chemistry conferred by a Chemistry institution or by a reputable foreign university recognized by the CHED or;

SECTION 7.4. a registered Chemist who has been in active practice for at least ten (10) years;

SECTION 7.5. 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;

SECTION 7.6. a member in good standing of the APO;

SECTION 7.7. not an officer or trustee of the APO; and

SECTION 7.8. not convicted by a court of competent jurisdiction of an offense involving moral turpitude.

SECTION 8. Term of Office. — The Chairperson and Members of the Board shall have a three (3) year term from the date of appointment or until their successors have been appointed. They may be re-appointed for another three (3) years immediately after the expiry of their term, for a maximum of two (2) terms or not more than six (6) years, whichever is longer. Provided further, that the first Board under R.A. No. 10657 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. 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 prior to their assumption to office.

SECTION 9. Compensation of the Board. — The Chairperson and Members of the Board shall receive such honorarium and/or allowances comparable to that being received by the Chairperson and Members of the other regulatory boards under the Commission as prescribed by the rules and regulations of the Commission and other pertinent laws such as the General Appropriations Act.

SECTION 10. 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 the Chairperson or Member of the Board on any of the following grounds:

10.1 Gross neglect, incompetence or dishonesty in the discharge of one's duty;

10.2 Violation of any provision of R.A. No. 10657, the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other laws; and

10.3 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 R.A. No. 8981, the rules of administrative investigation, and the applicable provisions of the Rules of Court.

SECTION 11. Custody of Records, Secretariat and Support Services. — The Board shall have a Secretary, appointed by the Commission, who shall record the minutes of its meetings and perform such other functions as the Board may require. The Commission shall provide for the compensation of the Secretary.

All records of the Board, including applications for examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission.

The Commission shall provide the secretariat and other support services to the Board to implement the provisions of R.A. No. 10657.

SECTION 12. Annual Report. — 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.

RULE III

Licensure Examination for Chemist and Chemical Technician

SECTION 13. Examination Required. — Unless exempted under the provisions of R.A. No. 10657, all persons desiring to register as Chemists or Chemical Technicians and to practice the profession must pass the licensure examinations for Chemist or Chemical Technician, respectively.

SECTION 14. Qualifications of Applicants for the Chemistry Licensure Examination. — Any person applying for admission to the Chemistry licensure examination shall establish to the satisfaction of the Board and the Commission that he/she possesses the following qualifications:

14.1 a citizen and resident of the Philippines or a foreign citizen whose country or state has reciprocity with the Philippines for the practice of Chemistry; EcTCAD

14.2 of good moral character and sound mind;

14.3 a graduate of any higher educational institution and a holder of a degree of Bachelor of Science 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. A graduate of reputable foreign universities who has 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

14.4 Has not been convicted of a crime or offense involving moral turpitude by a court of competent jurisdiction.

For this purpose, the applicant for the Chemistry Licensure Examination shall be required to submit the following documentary requirements:

1. Original and photocopy of the National Statistics Office (NSO)-issued Certificate of Birth;

2. NSO-issued Marriage Certificate (in case of married females);

 

3. National Bureau of Investigation (NBI) Clearance;

4. Certification of Good Moral Character issued by any of the following: barangay, church, school or employer;

5. Certified true copy of the Transcript of Records in the B.S. in Chemistry or proof of completion of the prescribed sixty (60) university units in Chemistry, in case of allied degree;

6. Certificate of Compliance to the B.S. Chemistry standards, policies and guidelines from the Commission on Higher Education (CHED);

7. Copy of the Title Page and Approval Page of the College Thesis; and

8. Such other documents as may be reasonably required by the Board.

SECTION 15. Qualifications for Applicants for Chemical Technician. — To be authorized to practice the profession of Chemical Technician, an applicant must possess the following qualifications:

15.1 a citizen of the Philippines or a citizen of a foreign country which grants the corresponding privilege to Filipinos;

15.2 of good moral character and of sound mind;

15.3 Has successfully completed at least thirty (30) units of undergraduate Chemistry courses from an institution duly recognized by the CHED or the 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; and

15.4 Has not been convicted of an offense involving moral turpitude by a court of competent jurisdiction.

For this purpose, the applicant for the Chemical Technician Licensure Examination shall be required to submit the following documentary requirements:

1. Original and photocopy of the National Statistics Office (NSO)-issued Certificate of Birth;

2. NSO-issued Marriage Certificate (in case married females);

3 National Bureau of Investigation (NBI) Clearance;

4. Certificate of Good Moral Character issued by any of the following: barangay, church, school or employer;

5. Certified true copy of the Transcript of Records; and

6. Such other documents as may be reasonably required by the Board.

SECTION 16. Foreign Reciprocity. — No foreign Chemist shall be issued a CR and PIC or be granted any of the rights or privileges under R.A. No. 10657 unless the country of which he/she is a citizen/subject grants the same or similar rights or privileges to a Filipino Chemist.

A foreign citizen, whether he/she studied in the Philippines or not, who desires to take the Chemistry licensure examination through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines by submitting a letter or any document signed and under official seal by the appropriate official of his/her country/state requesting the Board Chairperson to allow the foreign applicant to take the licensure examination; that by express provision of the law of his/her country/state, Filipino citizens are allowed to take the licensure examination for Chemistry and to register as Chemist or Chemical Technician in said foreign country/state on terms of strict and absolute equality with its own citizens/subjects, including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines, attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.

If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the foreign applicant shall be allowed to take the licensure examination for Chemist by requiring him/her to file an application to take the licensure examination and by submitting the following documents that shall accompany the application:

a) Original or certified copy of any official document issued by the Bureau of Immigration allowing the applicant to enter and reside in the Philippines;

b) Copy of passport for examination and for photocopying of pertinent information about the applicant;

c) Authenticated copy of transcript of records or equivalent document of the course for licensure examination issued by the institution of higher learning where he/she studied, duly authorized or accredited by his/her country/state; Provided further, that the documents must also be certified by CHED to be equivalent to the Chemistry courses accredited/recognized in the Philippines.

d) Other documents which may be required to be submitted by the Board.

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 cases, 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. Scope of Examination for Chemical Technicians. — 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 cases, 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 19. Venues and Dates of Examination. — Examination of candidates desiring to practice Chemistry or Chemical Analysis shall be given at least once a year according to the Master Schedule or Calendar of the Annual Professional Licensure Examinations issued by the Commission.

The dates, times and venues of the licensure examinations for Chemists and Chemical Technicians shall, as far as practicable, be announced by the Commission in a newspaper of general circulation, broadcast media, or its official website.

SECTION 20. Examination Fees. — Every applicant shall be required to pay such fees as may be prescribed by the Commission before he/she is allowed to take the examination.

SECTION 21. Examination Program. — The Board shall issue a program for every scheduled examination not later than thirty (30) days before the first day thereof, and which shall contain the following:

21.1 Name of the licensure examination;

21.2 Subjects of the examination indicating their respective percentage weights, times, dates and places of examination; HSAcaE

21.3 Instructions to examinees; and

21.4 Names and signatures of the Board Chairperson and the Board Secretary.

SECTION 22. Tables of Specifications. — The Board shall prepare the TOS, in consultation with the academe and the APO.

SECTION 23. Rating. — To pass the licensure examinations for Chemists and Chemical Technicians, an examinee must obtain a general average of no less than seventy per centum (70%) and no rating less than fifty per centum (50%) in any subject. However, if the Chemistry examinee passes any two (2) examination subjects, the examinee shall automatically qualify as a Chemical Technician.

The Commission shall release the results of examination not later than the 10th day from the last day of the examination.

SECTION 24. 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 and to sign in the Registry Book prior to the issuance of the CR.

RULE IV

Registration and Issuance of Certificate of Registration and Professional Identification Card

SECTION 25. Issuance of the Certificate of Registration. — Every CR issued by the Board shall state the full name of the registrant and his/her CR/PIC No., signed by the Board Chairperson and Members and the Commission Chairperson and authenticated by the official seals of the Board and the Commission, indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. The CR shall remain in full force and effect until suspended or revoked in accordance with R.A. No. 10657.

SECTION 26. Issuance of the Professional Identification Card (PIC). — The PIC bearing the full name, signature of the professional, CR/PIC No., dates of issuance and expiry, duly signed by the Commission Chairperson shall be issued to every registrant who has paid the prescribed fees. The PIC is valid for three (3) years, subject to renewal; Provided, that the CR has not been suspended or revoked under R.A. No. 10657.

SECTION 27. Exemption from Examination for Chemists. — A holder of a doctoral (PhD, DSc, or equivalent) degree in Chemistry from a reputable university may apply for registration as Chemist without examination from the Board. The applicant must submit a copy of his/her undergraduate and graduate diplomas, transcripts, and make available his/her doctoral thesis for inspection: Provided, that such individual must show evidence that he/she has 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 28. 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:

28.1 Foreign-based Chemists, recognized as experts in their 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

 

28.2 Foreign-based Chemists, holding a doctoral degree (PhD, DSc, or equivalent) in Chemistry or allied field, 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 in no case shall it exceed one (1) year. It may be renewed for not more than (3) years, subject to the rules and regulations of the Board. Complaints against or questions regarding such individuals may be directed to the Board for verification or action.

SECTION 29. Replacement of Certificate of Registration, Professional Identification Card and Certificate of Authority to Operate. — After submission of the required affidavits and evidence and compliance with the prescribed guidelines and procedures of the Commission, a new CR and PIC or Certificate of Authority to Operate may be issued to replace any lost, burned, destroyed or mutilated certificate or card, upon payment of the prescribed fees.

RULE V

Administrative Proceedings: Suspension and Revocation of Certificates of Registration, Professional Identification Cards and Temporary/Special Permit

SECTION 30. Administrative Investigation. — The Board shall investigate, in accordance with the rules on administrative investigation promulgated by the Commission, violations of R.A. No. 10657 and this IRR, the Code of Ethics and the Code of Good Governance, and other administrative policies, orders and issuances promulgated by the Board.

SECTION 31. Grounds for the Suspension and Revocation of Certificate. — The Board may, after due notice and hearing, suspend or revoke the CR of a Chemist or Chemical Technician or cancel any Temporary/Special Permit issued for the practice of Chemistry in the Philippines for any of following grounds:

31.1 Commission of any act of misrepresentation, dishonesty, unethical conduct or gross incompetence in connection with the performance of Chemistry services;

31.2 Commission of any act inimical to the Chemistry profession;

31.3 Commission of immorality or any act involving moral turpitude;

31.4 Conviction by final judgment of a court of competent jurisdiction of any criminal offense;

31.5 Judicial declaration of unsound mind.

Certificates of Authority to Operate may be suspended or revoked for non-compliance with the provisions of R.A. No. 10657.

SECTION 32. Reissuance of Certificates of Registration and Certificate of Authority to Operate. — After a period of two (2) years from the date of surrender of the CR and PIC to the Commission, the Board may order the reinstatement of any Chemist or Chemical Technician whose CR has been revoked.

Certificates of Authority to Operate may be reissued after compliance with the requirements as may be required by the Board and the Commission.

RULE VI

Professional Practice of Chemistry and Chemical Analysis

SECTION 33. Scope of Professional Practice of Chemistry. — The professional practice of Chemistry shall cover the performance of the following services related to public interest, public safety, legal or regulatory matters:

33.1 Performance of a chemical analysis or chemical synthesis;

33.2 Certification of a chemical analysis or chemical synthesis;

33.3 Inspection of a laboratory with respect to its chemical or biochemical activities;

33.4 Certification of a laboratory with respect to its chemical or biochemical activities;

33.5 Supervision of a chemical laboratory;

33.6 Supervision of a chemical analysis or chemical synthesis, when performed in a laboratory as defined in this IRR;

33.7 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;

33.8 Consultation, investigation or research requiring physico-chemical or biochemical analysis which involves 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;

33.9 Sale of chemicals, chemical apparatus or chemical equipment;

33.10 Performance of the chemical aspects of laboratory instrument calibration;

33.11 Supervision of the sale of chemicals, chemical apparatus or chemical equipment; and

33.12 Undertaking of functions related to the management of chemicals, such as chemical safety, chemical waste management, pollution control, and the like.

The 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 34. Scope of the Professional Practice of a Chemical Technician. — The scope of the professional practice of a Chemical Technician shall be limited to assisting in the following activities: routine physico-chemical or biochemical analysis, chemical or biochemical synthesis, management and storage of chemicals and chemical waste, and sale of chemicals, chemical equipment/apparatus: Provided, that such activities are undertaken under the supervision of a registered Chemist. Any report on chemical analysis or synthesis must be signed by and must bear the license number of the Chemical Technician who performed the analysis.

SECTION 35. Roster of Chemists and Chemical Technicians. — The Commission shall keep a roster of all duly registered and licensed Chemists and Chemical Technicians, stating their names, CR/PIC Nos. and places of business. The Commission shall regularly update such roster and make it available to all interested parties. HESIcT

SECTION 36. Indication of Certification of Registration Number and Professional Tax Receipt Payment. — The Chemist and Chemical Technician shall be required to indicate his or her CR and PTR Nos., their respective dates and places of issuances, on all official documents he/she issues in connection with the practice of his/her profession for which he/she directly receives payment.

RULE VII

Adoption and Use of Seal by Chemists

SECTION 37. Seal of 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 CR/PIC No. All official documents and certification reports should bear the signature of the registered Chemist, his/her registration number, and seal.

SECTION 38. Title of Registered Chemist. — Any registered Chemist may affix the designation "RCh" after his/her name.

RULE VIII

Codes of Ethics and Good Governance for the Practice of Chemistry and Continuing Professional Development (CPD)

SECTION 39. Code of Ethics and Code of Good Governance for the Practice of Chemistry. — The Board shall adopt and promulgate a Code of Ethics and Code of Good Governance for the Practice of Chemistry.

SECTION 40. Continuing Professional Development. — The Board shall prescribe the guidelines and criteria in the implementation of the CPD programs for Chemists and Chemical Technicians in accordance with the CPD guidelines of the Commission. The CPD providers and their programs shall be accredited by the CPD Council. The CPD Council shall be composed of any Member of the Board, the APO and the academe.

RULE IX

Accredited Professional Organization for Chemistry

SECTION 41. Membership in the Accredited Professional Organization (APO) of Chemistry. — A Chemist or Chemical Technician duly registered with the Board is required to become a regular or associate member, respectively, of the APO, and shall receive the benefits provided for in its bylaws upon payment of the required fees and dues. Membership in the APO shall not be a hindrance to membership in other associations.

SECTION 42. Recognition of the Accredited Professional Organization (APO). — The Board shall issue a Resolution designating the APO which shall represent all licensed Chemists and Chemical Technicians.

42.1 Chemists and Chemical Technicians duly registered with the PRC shall register to become a member of the APO and shall receive the benefits and privileges provided for in its by-laws upon payment of required fees and dues. The APO shall keep an updated official registry of its bona fide members indicating their membership and annual dues official receipt number.

42.2 As part of its functions, duties and responsibilities, the APO shall be required to:

a) Submit nominations to the vacant positions in the Board of Chemistry;

b) Engage in consultations with the Board on matters affecting the professional practice of Chemistry;

c) Keep an updated registry of all its members;

d) Encourage and motivate its members to pursue CPD and other activities aimed to uplift and advance the standards of the chemistry profession;

e) Assist the Board, as needed.

RULE X

Prohibitions in the Practice of Chemistry

SECTION 43. Prohibited Acts. — A person who commits any of the following acts shall be guilty of violating R.A. No. 10657:

43.1 Engaging in the professional practice of Chemistry or rendering of Chemical analysis services, or passing off or advertising himself/herself as a Chemist or Chemical Technician without a valid CR and valid and current PIC or Temporary/Special Permit or when such has been suspended or revoked;

43.2 Attempting to use as his or her own, the CR/PIC No., Temporary/Special Permit or seal of another person or impersonating any registered Chemist or Chemical Technician or holder of Temporary/Special Permit;

43.3 Abetting the illegal practice of Chemistry by an unregistered or unauthorized person; and

43.4 Furnishing the Board or Commission any false information or document in order to secure the CR and/or Certificate of Authority to Operate.

SECTION 44. Penal Clause for the Professional Practice of Chemistry and Chemical Analysis. — Any person who violates any of the provision of R.A. No. 10657 shall, upon conviction, 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 45. Penal Clause for Chemistry Laboratories and Related Firms. — No Chemical laboratory or firm shall undertake activities covered by R.A. No. 10657 and/or this IRR without a valid Certificate of 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.

RULE XI

Compliance

SECTION 46. Chemical Laboratories and Educational Institutions. — The Board, together with the Commission, shall issue Certificates of Authority to Operate to all chemical laboratories that have satisfied the following requirements:

46.1 That only registered Chemists or registered Chemical Technicians holding valid CRs and PICs issued by the Board and the Commission carry out the chemistry practice in the Chemical laboratory;

46.2 That only registered Chemist heads the Chemistry Laboratory. In the case of a laboratory conducting chemical analysis and other types of laboratory analysis such as physical/mechanical, microbiological, metallurgical, clinical and others, the chemistry section must be supervised by a licensed Chemist and the personnel performing the chemical analysis are licensed Chemists or Chemical Technicians and those certifying chemical analysis results are licensed Chemists;

46.3 That it complies with all relevant requirements for safety, waste management, and environmental protection as certified by the relevant government agency/body; and

46.4 That it complies with the other provisions of R.A. No. 10657 on hazard pay, accident insurance, legal assistance to Chemists and Chemical Technicians and required signatories to Chemical laboratory reports, among others.

SECTION 47. 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.

SECTION 48. Government Agencies. — All government agencies, including the Commission on Higher Education (CHED), Department of Science and Technology (DOST), Department of Trade and Industry (DTI), Department of Environment and Natural Resources (DENR), Department of Agriculture (DA), Department of Health (DOH), Department of the Interior and Local Government (DILG), and the Civil Service Commission (CSC), shall observe and comply with the provisions of R.A. No. 10657, on matters relating to the qualifications of personnel, inspection of facilities, equipment, and others.

RULE XII

General Provisions

SECTION 49. Reports and Other Legal Documents. — Any document related to the practice of Chemistry shall not be considered as official or admissible for legal, external or public purposes unless such document is signed by a registered Chemist and his/her 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 his/her CR/PIC No. and official seal thereto.

SECTION 50. Hazard Pay, Health and Accident Insurance. — Chemists and Chemical Technicians exposed to chemicals as part of their regular work and responsibilities are entitled to hazard pay and insurance coverage commensurate to the risks involved. This should be part of the organization's compensation and benefit scheme for such work. Provided, that entities/firms with existing collective bargaining agreement providing for similar benefits and those who have incorporated the hazard pay in the compensation package given to their employees shall no longer be required to pay additional hazard pay. Provided further, that those entities/firms which already provide health and accident insurance policies as part of its usual employees compensation package shall be deemed to have complied with the requirements of the law, unless it has been determined by the Board, in consultation with the APO, that such health and accident insurance policies are not commensurate to the risk to which the Chemist or Chemical Technician is exposed. caITAC

SECTION 51. Legal Assistance. — Registered Chemists and registered Chemical Technicians who face civil or criminal suits arising from Chemistry work done in good faith shall be provided with the necessary legal assistance by the employer/laboratory for whom the work was performed.

SECTION 52. Act Not Affecting Other Professions. — 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, R.A. No. 10657 shall not prevent the practice of any lawfully recognized allied profession; Provided, that the activity is within the scope of practice of the other professions.

RULE XIII

Transitory Provision

SECTION 53. Term of Office of Incumbent Board. — The incumbent Chairperson and Members of the Board at the time of approval of R.A. No. 10657 shall automatically function and hold office for another two (2) years from the date of effectivity of R.A. No. 10657 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 54. Vested Rights. Automatic Registration of Chemists and Chemical Technicians. — All registered Chemists and registered Chemical Technicians who are registered at the time R.A. No. 10657 takes effect shall automatically be registered and shall continue to hold the same CR/PIC No. The validity and period of the existing professional license shall remain in force until the date of its expiry.

RULE XIV

Grace Period

SECTION 55. Academe/Teaching Profession. — Those who are not licensed and registered Chemists teaching professional Chemistry subjects, at the time of the effectivity of R.A. No. 10657, shall be given three (3) years therefrom to meet the following conditions:

55.1 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 R.A. No. 10657;

55.2 must have been teaching these subjects satisfactorily for at least three (3) years before the date of effectivity of R.A. No. 10657;

55.3 must have complied with all other reasonable requirements or criteria that the Board may set to demonstrate one's competence to teach such subjects; and

55.4 completion of at least sixty (60) CPD units.

Within the three (3) year grace period, all qualified individuals must submit 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 engage in other area/s of practice of the Chemistry profession as provided in Sec. 4 of R.A. No. 10657.

SECTION 56. Chemical Laboratories. — All existing personnel currently employed in chemical laboratories whose functions fall within the scope of the Chemistry practice as defined under R.A. No. 10657 shall be given the same three (3) — year grace period within which to comply with the provisions of R.A. No. 10657. All new appointments to the following positions or designation must be Registered Chemists with valid CRs and PICs:

1. Heads of chemical laboratories;

2. Supervisors of Chemical work in a laboratory as provided in this IRR; and

3. Signatories to a Chemical analysis.

RULE XV

Final Provisions

SECTION 57. Appropriation. — The Chairperson of PRC shall include in the Commission's programs the implementation of R.A. No. 10657, the funding of which shall be included in the annual General Appropriations Act.

SECTION 58. Separability Clause. — If any section or provision of this IRR is declared unconstitutional or invalid, such shall not affect or invalidate any other section or provision thereof.

SECTION 59. Repealing Clause. — Any provision of the rules, regulations, codes, orders, resolutions, measures, and other policies or parts thereof issued and promulgated pursuant to R.A. No. 754 and all other laws, orders, ordinances, or regulations in conflict with R.A. No. 10657 are hereby repealed, superseded, or amended accordingly.

SECTION 60. Effectivity. — This IRR shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any major newspaper of general circulation.

DONE, in this 29th day of December 2015 in the Manila, Philippines.

(SGD.) ADORACION P. RESURRECCIONChairperson

(SGD.) SOLEDAD S. CATAÑEDAMember

VACANTMember

Attested by:

(SGD.) LOVELIKA T. BAUTISTAOfficer-in-Charge

APPROVED:

VACANTChairman

(SGD.) ANGELINE T. CHUA CHIACOActing Chairperson

(SGD.) YOLANDA D. REYESCommissioner

Published in the Official Gazette, Vol. 112, No. 14, page 2057 on April 4, 2016.