Rules and Regulations Implementing R.A. No. 8050

Professional Regulatory Board of Optometry Resolution No. 01-08Implementing Rules and Regulations

The Professional Regulatory Board of Optometry in the Philippines established Resolution No. 01-08 to implement the Revised Optometry Law (R.A. No. 8050), outlining rules and regulations for the examination, registration, and practice of optometrists. It defines key terms, sets qualifications for board members, and details the licensure examination process, including eligibility requirements and assessment criteria. The resolution also mandates continuing professional education for optometrists and emphasizes ethical advertising and professional conduct standards. Furthermore, it delineates the penalties for unlawful practices and the procedures for administrative investigations, ensuring the integrity of the optometry profession in the country.

March 14, 2008

PROFESSIONAL REGULATORY BOARD OF OPTOMETRY RESOLUTION NO. 01-08

RULES AND REGULATIONS GOVERNING THE EXAMINATION AND REGISTRATION OF OPTOMETRISTS AND THE REGULATION OF THE PRACTICE OF OPTOMETRY

Pursuant to Sections 12 and 35 of R.A. No. 8050, known as the "Revised Optometry Law of 1995", the Board of Optometry hereby promulgates, subject to the approval of the Professional Regulation Commission, the following Rules and Regulations to effectively carry out the provisions of the Act.

RULE I

Title, Definition and Scope of Practice

SECTION 1.         Short Title. — This issuance shall be known and cited as the "Rules and Regulations Implementing R.A. No. 8050", known as the "Revised Optometry Law of 1995", in short, the "Rules and Regulations of R.A. No. 8050", or merely "RR". CIDaTc

SECTION 2.         Definition of Terms. — Unless otherwise expressly provided, the following terms shall mean:

a.         Board — refers to the Board of Optometry.

b.         Canvassing — act/s by any person, natural or juridical, or any optometrist, or his/her agent thereof, who conducts eye examination, carries optical merchandise for concurrent sale and delivery, and who goes from one place to another selling them to potential customers. He or she may use audio visual devices, public address systems, shouting or other measures in advertising his/her goods or services for sale. cDEICH

c.         Certificate of Registration — refers to a document signed by the Chairperson of the Professional Regulation Commission and by the chairman and all the members of the Board of Optometry and bearing its seal, issued to an applicant who has satisfied the requirements for the practice of optometry. It shall serve as proof that the registrant is qualified to practice the profession in the Philippines.

d.         Clinical Skills Assessment/Examination — a clinical competency examination developed, prepared, and scored/graded by the Board as the clinical examination component of the licensure examination.

e.         Code of Professional Ethics — a set of standards, relating to the conduct, integrity, and moral duties of optometrists, as prescribed by the duly integrated and accredited national organization of optometrists and adopted and promulgated by the Board of Optometry upon the approval of the Commission.

f.         Commission — refers to the Professional Regulation Commission (PRC) created under R.A. No. 8981.

g.         Continuing Professional Education Council (CPEC) — refers to the Council that shall assist the Board in implementing Continuing Professional Education (CPE) programs and activities.

h.         Continuing Professional Education Program/Activity — refers to a group study program/activity prepared by accredited CPE providers and approved by the CPE Council (CPEC), attendance/participation to which CPE credit units are given.

i.         CPE credit units — refer to credits earned by an optometrist in attending CPE programs and activities.

j.         Diagnostic Pharmaceutical Agents — specific topical drugs that aid optometrists in their examination of the human eye. Until otherwise specified by the Board of Optometry, upon approval by the Secretary of the Department of Health (DOH) and upon recommendation of the Bureau of Food and Drugs (BFAD), these agents shall be limited to the following. TAScID

1. Phenylephrine 2.5% ophthalmic drops;
2. Tropicamide 0.5% ophthalmic drops;
3. Proparacaine 0.5% ophthalmic drops;
4. Benoxinate, HCL 0.4% ophthalmic drops;
5. Cyclopentolate HCL 1.0% ophthalmic drops; and
6. Fluorescein strips.  

k.         Dispensing — the act of filing, translating, or fitting of spectacles or eyeglasses, contact lenses with their accessories and solutions, visual aids, prosthetics, low vision aids, and other preventive and corrective optical or ophthalmic devices for the aid, correction, rehabilitation or relief of the human eye, or for the attainment of maximum vision and comfort. cCAaHD

l.         Doctor of Optometry — a degree obtained from a school, college, university or institution and whose course of study have been duly accredited by the Board and the government after passing an optometry course.

m.         Optometrist — a natural person who has been registered and certified by the Board of Optometry upon approval by the Professional Regulation Commission (PRC) as being qualified to practice optometry in the Philippines.

n.         Optometrist in good standing — a registered certified, and licensed optometrist who is authorized to practice the profession in the Philippines by virtue of a valid certificate of registration and a valid professional identification card issued by the Board and PRC for the purpose.

o.         Optometry — the science and art of examining the human eye and, analyzing the ocular function; prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solutions, low vision aids, and similar appliances and devices; conducting ocular exercises, vision training and orthoptics; installing prosthetics; and using authorized diagnostic pharmaceutical agents (DPA); and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort.

p.         Professional identification card — a renewable card, issued by the Commission to registered, certified and licensed optometrist, indicating that he is competent and authorized to practice optometry in the Philippines until the lapse of its validity or its expiration. Such card shall serve as evidence that its bearer is an optometrist in good standing. CEaDAc

SECTION 3.         Scope of Practice of Optometry. — Any of the following acts shall constitute the practice of optometry:

a.       The examination of the human eye through the employment of subjective and objective procedures, including the use of specific topical diagnostic pharmaceutical agents or drugs and instruments, tools, equipment, implements, visual aids, apparatuses, machines, ocular exercises and related devices, for the purpose of determining the condition and acuity of human vision to correct and improve the same in accordance with subsections b, c and d hereof; HEISca

b.         The prescription and dispensing of ophthalmic lenses, prisms, contact lenses and their accessories and solutions, frames and their accessories, and supplies for the purpose of correcting and treating defects, deficiencies, and abnormalities of vision;

c.         The conduct of ocular exercises and vision training, the provision of orthoptics and other devices and procedures to aid and correct abnormalities of human vision, and the installation of prosthetic devices;

d.         The counseling of patients with regard to vision and eye care and hygiene;

e.         The establishment of offices, clinics, and similar places where optometric services are offered; and

f.         The collection of professional fees for the performance of any of the acts mentioned in paragraphs a, b, c and d of this Section.

RULE II

Composition, Qualifications, Terms of Office, Removal/Suspension and Compensation of Members of the Board

SECTION 4.         Composition of the Board of Optometry. — The Board of Optometry shall be composed of five (5) members who shall be appointed by the President of the Philippines, upon recommendation of the PRC, from a list of ten (10) nominees submitted by the duly integrated and accredited national organization of optometrists in accordance with Section 7, R.A. No. 8050.

SECTION 5.         Qualification of Board Members. — Only persons who possess the following qualifications may be nominated, recommended, and appointed to the Board: CAIHaE

a.         A natural born citizen of the Philippines,

b.         A duly registered optometrist in good standing,

c.         At least 35 years of age at the time of his appointment,

d.         Of good moral character, and

e.         In active practice of the profession for at least ten (10) years prior to his appointment.

SECTION 6.         Persons Disqualified for Appointment. — The following are disqualified from being appointed member of the board:

a.         A person who is a member of the faculty, whether full-time, part-time or lecturer of any school or college or university where a regular course in optometry is taught, or who has pecuniary interest, directly or indirectly, in such institution unless he foregoes his membership in said faculty or relinquishes his interest in said institution before or upon taking his oath as member of the board; and

b.         An officer of any optometric association.

SECTION 7.         Term of Office. — The members of the Board shall hold office for a non-renewable term of office of five (5) years, starting on the date of appointment and until their successors shall have been appointed.

The first appointees of the Board, who may include the incumbent members of the existing Board of Optometry, shall hold office as follows:

a.         The Chairman for five (5) years; and

b.         The four (4) members for fixed terms of four (4), three (3), two (2) and one (1) year/s, such that the term of one member shall be due to expire every year.

Thereafter, one member shall be appointed for the full term of (5) years every year and such member, in the last year of his term, shall automatically become the Chairman of the Board.

Vacancies brought about by reasons other than expiration of term shall be filled for the unexpired portion of the term only.

SECTION 8.         Removal or Suspension of Board Members. — Any member of the Board may be removed by the President of the Philippines for (a) neglect of duty, (b) incompetence, (c) malpractice, or (d) unprofessional, unethical, immoral or dishonorable conduct if found guilty of such act/s in an administrative investigation conducted by the Commission where the member is afforded due process of law. DSHcTC

The member under investigation may be suspended by the President of the Philippines for a period of not more than sixty (60) days and appoint a temporary member in his place.

Sec. 7 (s) of R.A. No. 8981 shall empower the Commission to investigate motu proprio or upon the filing of a verified complaint, any member of the Professional Regulatory Boards for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission of irregularities in the licensure examinations which taint or impugn the integrity and authenticity of the results of said examinations and, if found guilty, to revoke or suspend their certificates of registration and professional identification cards and to recommend to the President of the Philippines their suspension or removal from office as the case may be.

SECTION 9.         Compensation. — The members of the Board shall each receive compensation in accordance with the rules and regulations of the Commission.

RULE III

Powers and Functions, Meetings of the Board

SECTION 10.         Powers and Functions of the Board. — The Board is hereby vested with authority to:

a.         Promulgate the rules and regulations for the practice of optometry, subject to the approval of the Commission and in accordance with the provisions of R.A. No. 8050;

b.         Administer and enforce the rules and regulations specified in the preceding subsection; TacADE

c.         Determine and prepare the contents of licensure examinations, adopt measures to ensure its integrity, check and rate the examination papers and submit the results thereof to the Commission;

d.         Formulate and oversee, in consultation and coordination with the Commission, guidelines for the proper conduct of licensure examinations and the registration of optometrists;

e.         Issue, suspend, revoke and reissue certificates of registration to qualified optometrists and renew their professional identification cards; AcSEHT

f.         Impose reasonable requirements and conditions, such as attendance in continuing education activities and programs, for the renewal of an optometrist's professional identification card to practice and for the purpose of upgrading the professional competence of optometrists; aCITEH

g.         Maintain a registry of optometrists in good standing;

h.         Adopt, promulgate and disseminate the Code of Ethics for the practice of optometry in the Philippines;

i.         Administer oaths in connection with the implementation of R.A. No. 8050;

j.         Conduct hearings and investigations to resolve complaints against practitioners of optometry for malpractice, unethical and unprofessional conduct, and violations of R.A. No. 8050 or the "RR", and in connection therewith, issue subpoena ad testificandum and subpoena duces tecum and punish with contempt persons obstructing, impending and/or otherwise interfering with the conduct of such proceedings;

k.         Conduct ocular inspections of clinics, optical laboratories, establishments and/or premises where optometric services are offered to ascertain that professional standards are complied with;

l.         Upon application, to issue an order enjoining or abating the illegal practice of optometry by unqualified persons;

m.       Impose administrative fines and penalties, after due process and in accordance with the provision of R.A. No. 8050, for causes provided for by law or by the "RR";

n.         Evaluate periodically the status of optometric education and recommend and/or adopt measures to upgrade and maintain its high standards;

o.         Update the list of topical diagnostic pharmaceutical agents, specifically mydriatics, cycloplegics, miotics, anesthetics and diagnostic dyes, that may be used by optometrists, subject to the approval of the Department of Health and upon recommendation by the Bureau of Food and Drugs; and cAHDES

p.         Study the conditions affecting the practice of optometry in all parts of the Philippines, and, whenever, necessary, adopt such measures as may be deemed proper for the maintenance of good ethics and high professional standards of optometric practice. aEACcS

SECTION 11.         Meetings of the Board. — The Board shall hold a regular meeting at least once a month within the Commission's premises or in such other place/s as may be agreed upon by the Board with the approval of the Commission on a date and time fixed by the Board. A special meeting may be called by the Chairman or any two (2) members to consider, deliberate upon or act on urgent and important matters. The Board shall keep the minutes of its regular and special meetings certified as correct by the secretary assigned by the Commission to the Board and attested by the Chairman of the Board.

SECTION 12.         Quorum in Board Meetings. — The attendance of at least three members in a meeting, whether regular or special, shall constitute a quorum for the Board to officially transact business. The votes of a majority of the quorum shall be sufficient to resolve any matter under consideration by the Board except where a greater number is required by the law or pursuant to a rule adopted by the Board and approved by the Commission.

SECTION 13.         Assignment of Duties. — The Chairman shall apportion and assign equitably the subjects for examination to the members. He shall likewise assign other duties, functions and responsibilities to the members.

SECTION 14.         Official Business with the Commission. — The Commission exercises general supervision over the Board. Upon call, the Chairman and members of the Board should make themselves available to meet with the Commission en banc or with the Chairperson thereof, as the case may be. In such meetings, the Chairman of the Board shall be the spokesperson of the Board. On matters other than those subject to meetings between the Board and the Commission, the Chairman of the Board shall act as the spokesperson, representative or liaison officer in any dealing, transaction or business with the Commission or its offices or, in his absence, may designate a member to act for and in his behalf.

SECTION 15.         Commission Assistance. — For lack of manpower, the Board, upon request duly granted by the Chairperson of the Commission, shall be assisted and supported by Commission personnel in carrying out, implementing, and/or enforcing the provisions of R.A. No. 8050.

SECTION 16.         Action on Communications. — Matters subject of communications addressed to the Board, or Chairman thereof, which do not require the collective action of the Board, or which are ministerial in nature shall be acted upon by the Chairman or, in his absence, by a Board member duly designated by him.

SECTION 17.         Questions Arising from Implementation of R.A. No. 8050. — The Board of Optometry shall at first instance resolve questions arising from the implementation of R.A. No. 8050 and the "RR" promulgated thereunder. It shall be assisted by the Legal and Investigation Division, or Office of Legal Affairs of the Commission. Any party who disagrees with the resolution on the question may elevate the question for resolution by the Commission.

SECTION 18.         Publication of Issuances of the Board. — Issuances or Resolutions of the Board which are interpretative regulations and those merely internal in nature and do not affect the public or public interest shall not be published; otherwise such rules and regulations issued in the exercise of its rule-making power to implement the provisions of R.A. No. 8050 shall be published in the Official Gazette or any newspaper of general circulation in the Philippines to become effective. SIacTE

SECTION 19.         Supervision of the Board and Custody of its Records. — The members of the Board shall be under the supervision of the Commission. All records, including examination papers, examination results, minutes of deliberations, records of administrative cases and investigation of the Board shall be kept by the Commission, subject to the disposition of such records, papers and effects in accordance with the rules and regulations promulgated by the Commission. The Commission shall designate the secretary of the Board under the office, Secretary, Professional Regulatory Board to provide the necessary service to carry out R.A. No. 8050 and the "RR" thereof. aICHEc

SECTION 20.         Annual Report. — The Board shall, at the end of each calendar year, submit to the Commission an annual report of its activities and proceedings during the year. The Board may, upon request, furnish the Commission with other information or data as often as may be necessary and practicable.

RULE IV

Conduct of Licensure Examination

SECTION 21.         Place and Date of Examination. — The Board licensure examination for optometrists shall be given by the Board at least once a year in such places and dates as the Commission may designate pursuant to the rules and regulations of the latter. However, the Commission may, upon request of the Board, for cogent or compelling reasons and there being sufficient time, change the venue of the licensure examination to a place other than the place previously selected.

SECTION 22.         Subjects and Percentage Weight. — The grouped or classified subjects in the licensure examination for Optometrists shall be the following, with their corresponding percentage weights:

a. Written (Theoretical) 70%
1. Visual Biology 10%
2. Binocular Vision and Perception, Low Vision 10%
3. Practical, Theoretical Optics, and OphthalmicDispensing including Contact Lens Practice 20%
4. Ocular Diseases and Ocular Emergencies 10%
5. Primary Care and Refraction 20%
6. Jurisprudence; Ethics, Practice Management, 10%
7. Ocular Pharmacology 10%
8. Physiological Optics 10%
b. Clinical Skills Assessment (Performance) 30%
1. Subjective Clinical Procedures 20%
2. Objective Clinical Procedures 20%
3. Contact Lens Practice 20%
4. Binocular Vision and Low Vision Clinical Skills 20%
5. Ophthalmic Laboratory and Dispensing 20%

SECTION 23.         Program of Examination. — The Board shall issue a program for every scheduled examination indicating therein the subjects with their corresponding dates and time of examination including the individual subjects and the grouped subjects' respective percentage weights, and instructions relative to the examinations signed by the Chairman of the Board and certified correct by the Secretary, Professional Regulatory Boards at least 30 days before the start of the examination for distribution to the applicants for examination. TICAcD

SECTION 24.         Qualification Requirements for Applicants for Examination. — To be eligible to take the licensure examination for the practice of optometry, the applicant must be:

a.         A Filipino citizen;

b.         At least 21 years old;

c.         Of good moral character; and

d.         A holder of a degree of Doctor of Optometry (O.D.) obtained from a school, college, university or institution and whose course of study have been duly accredited by the Board and the government, after passing at least a six-year course in compliance with the policies and standards for optometry issued by the Technical Committee on Optometric Education of the Commission on Higher Education, offering the following minimum basic subjects; mathematics; general and organic chemistry, practical and mechanical optics, psychology, physics, physiological optics, pharmacology, theoretic optics, practical optometry, sociology, applied psychology, general anatomy, physiology; general histology and embryology, ocular anatomy and physiology, general pathology, ocular pathology, biochemistry, microbiology, clinical optometry, theoretic optometry, contact lens practice, orthoptics and vision training, neuro-optometry and visual fields, research methods, optometric ethics and jurisprudence, optometric economics and practice management, hygiene, sanitation and public health optometry and low vision and pediatric optometry. HAECID

 

SECTION 25.         Filing of Application for Examination. — An applicant for examination shall file with the Application Division of the Commission his/her application in a form prescribed by the Commission duly accomplished at least twenty (20) days before or prior to the first day of the examination together with the following documents:

a.         Proof of Philippine citizenship; authentic or authenticated copies of Certificate of Birth or Certificate of Live Birth or from the National Statistics Office; certificate of naturalization; decision of court granting naturalization, other authentic documents showing Philippine citizenship of applicant;

b.         Marriage Contract from the National Statistics Office, if applicant is a married female; and

c.         Authentic or authenticated copy of Transcript of Records showing the course or degree, date of graduation and special order (S.O.) number in case applicant is a graduate of a recognized private school, college or university, with scanned picture and remarks on Board exam purpose. aHATDI

No application shall be approved unless the applicant shall have substantially established his/her qualifications by the documents above-required.

SECTION 26.         Rating in the Examination. — To pass the examination, an examinee must obtain a general average of at least seventy-five (75%) percent in all subjects with no rating below fifty (50%) percent in any subject.

a.         The General Weighted Average Rating shall be composed of seventy (70%) percent of the theoretical examinations average rating and thirty (30) percent of the practical examination rating.

b.       To pass the licensure examinations, an examinee shall obtain a General Weighted Average Rating (70% theoretical + 30% practical) of seventy-five (75%) percent or higher with no subject rating below fifty (50%) percent.

c.        To be CONDITIONED an examinee shall get a General Weighted Average Rating of seventy-five (75%) percent or higher but one or more subject rating of below fifty (50%) percent in which case, the examinee shall retake only the said subject/s, or a General Weighted Average Rating of below seventy-five (75%) percent but with either one of the theoretical or practical examinations average rating of seventy-five (75%) percent or better in which case, the examinee shall retake all the subjects in the area where the examinee obtained an average rating below seventy-five (75%) percent. HcaDTE

d.To be deemed FAILED an examinee shall have a General Weighted Average Rating of below seventy-five (75%) percent on both the Theoretical and Practical Examination.

To illustrate:

An examinee shall be deemed CONDITIONED if:

1.         the General Weighted Average Rating is seventy-five (75%) percent or higher but with one or more subject rating of below 50 (50%) percent; in which case, the examinee shall retake only the said subjects.

Theoretical Practical
1. 80 10% 8 1. 90
2. 49 — retake 10% 4.9 2. 75
3. 75 20% 15 3. 88
4. 72 10% 8.7 4. 74
5. 77 10% 15.4 5. 48 — retake
6. 86 20% 8.6   ———————————
7. 88 10% 8.8   75% Conditioned
8. 65 10% 6.5    
      ————    
      75.9% Conditioned
75.9 (70%) = 53.13 75 (30%) = 22.5 GWA = 75.63% Remarks Conditioned

2.        the General Weighted Average Rating is below seventy-five (75%) percent but with either one of the theoretical or practical examination average rating of seventy-five (75%) percent or better in which case, the examinee shall retake all the subjects in the area where the examinee obtained an average rating below seventy-five (75%) percent: DIHETS

2A Theoretical Practical
  1. 65 10% 6.5 1. 75
  2. 55 10% 5.5 2. 76
  3. 60 20% 12 3. 80
  4. 62 10% 6.2 4. 88
  5. 69 20% 13.8 5. 60
  6. 70 10% 7.0   ————
  7. 55 10% 5.5   75.8% Passed
  8. 65 10% 6.5    
        ————    
        63% Failed
  63 (70%) = 44.1 75.8 (30%) = 22.74 ————— GWA = 66.84% Remarks Conditioned Retake all subjects in the Theoretical Examination

 

2B Theoretical Practical
  1. 80 10% 8.0 1. 70
  2. 75 10% 7.5 2. 68
  3. 69 20% 13.8 3. 75
  4. 82 10% 8.2 4. 75
  5. 85 20% 17.0 5. 60
  6. 75 10% 7.5   ————
  7. 73 10% 7.3   61.6% Failed
  8. 80 10% 8.0    
        ————    
        77.3% Passed
77.3 (70%) = 54.11 61.6 (30%) = 18.48 —————— GWA = 72.59% Remarks Conditioned Retake all areas in the Practical Examination

An examinee shall be deemed FAILED if the General Weighted Average Rating, theoretical examinations average rating and the practical examinations average rating are all below seventy-five (75%) percent. EDcIAC

Theoretical Practical
1. 65 10% 6.5 1. 70
2. 55 10% 5.5 2. 68
3. 60 20% 12.0 3. 80
4. 62 10% 6.2 4. 80
5. 69 20% 13.8 5. 60
6. 70 10% 7.0   ————
7. 55 10% 5.5   71.6% Failed
8. 65 10% 6.5    
      ————    
      63% Failed
63 (70%) = 44.1 71.6 (30%) = 21.48 —-——— GWA = 65.58% Remarks Failed

SECTION 27.         Report of the Results of the Examination. — The Board shall report the ratings obtained by each candidate to the Commission within sixty (60) days after the last examination day, unless extended by the Commission. The Commission shall cause the publication of the names of successful candidates in alphabetical order, without the ratings obtained by each, within sixty (60) days of the date the Commission receives the aforementioned report from the Board.

SECTION 28.         Additional Requirement for Re-examination. — Any applicant who for the third time, fails to pass the board examination shall not be allowed to take the succeeding examination without submitting to the Board proof that he has taken a refresher course in a duly accredited institution.

The term "duly accredited institution" shall mean an educational institution offering a refresher course and is accredited by the Board subject to the approval by the Commission.

RULE V

Special Certification Examination for the Use of Specific Diagnostic Pharmaceutical Agents (DPA)

SECTION 29.         Optometrists Competency in the Use of the Diagnostic Pharmaceutical Agents (DPA). — Persons who have been admitted to the practice of optometry prior to the passage of Republic Act No. 8050 must take a course in Pharmacology to be prescribed by the Commission on Higher Education (CHED) and pass a special certification examination to be administered by the Board before they are allowed to use specific diagnostic pharmaceutical agents.

SECTION 30.         Requirements for Taking Special Certification Examination. — To qualify for the special certification examination, an applicant must file an application with the Application Division of the Commission duly accomplished, together with the following documents: CAIHaE

a.         Authentic or authenticated copy of Certificate of Registration as Optometrist;

b.         Authentic or authenticated xerox copy of current Professional Identification Card;

c.         Certificate of completion of the special course in Pharmacology prescribed by the CHED issued by a duly accredited institution, public or private, offering the prescribed course; and

d.         Certificate of completion of preceptorial hours from a Diplomate in Ophthalmology and a DPA-licensed optometrist. cIaCTS

SECTION 31.         Incorporation or Integration of Pharmacology in the Curriculum of Optometry Course. — The Technical Panel on Optometry Education created pursuant to Section 30 of R.A. No. 8050 shall incorporate or integrate the Pharmacology course or subject in the curriculum of the six-year optometry course as required by Section 19 of the said Act.

The ocular Pharmacology Competency Examination shall likewise be integrated among those subjects for examination by those who graduated from the six-year optometry course.

RULE VI

Issuance of Certificate of Registration and Professional Identification Card

SECTION 32.         Registration of Successful Examinee. — A successful examinee shall be required to take the oath as optometrist before the Board or any person authorized to administer oaths; and after payment of the required fees, shall be registered/enrolled in the Roster of Optometrists. The newly admitted optometrist shall be issued a Certificate of Registration signed by the Chairman and all the members of the Board and the Chairperson of the Commission and a Professional Identification Card signed by the Chairperson of the Commission which is renewable every after three (3) years.

The Certificate of Registration shall be considered as evidence that the registrant is qualified to practice optometry in the Philippines.

SECTION 33.         Disqualification. — The following applicants shall not be allowed to take their oath as optometrists nor issued certificates of registration: DIETcC

a.         Those who do not possess the qualification set forth in Section 19 of R.A. 8050;

b.         Those who fail to pass the Optometry licensure examination;

c.         Those who have been convicted by final judgment of any crime involving moral turpitude of any court;

d.         Those who have been found guilty by the Board of immoral or dishonorable conduct; and

e.         Those who have been declared to be of unsound mind.

Such fact of disqualification shall be communicated by the Board to the applicant by written statement which shall form part of the records of the Board.

SECTION 34.         Renewal of Professional Identification Card. — The Professional Identification Card issued to an optometrist shall be renewed every three (3) years on the birth month of the registered Optometrist and upon payment of the annual registration fees for three (3) years.

SECTION 35.         Persons Other than Optometrist Allowed Limited Performance of Acts Constituting Practice of Optometry. — No person shall practice optometry as defined in Sec. 3 hereof or perform any of the acts constituting the practice of optometry set forth in Section 4 of R.A. No. 8050 except the following:

a.         Regularly licensed and duly registered physicians who have received postgraduate training in diagnosis and treatment of eye disease;

b.         Registered physicians who examine the human eye in connection with the physical examination of patients; and

c.         Public health workers trained and involved in the government's blindness prevention program who may conduct only visual acuity test and visual screening.

SECTION 36.         Disclosure of Authority to Practice. — Only a duly registered and licensed optometrist shall practice the profession. He shall be required to indicate his certificate of registration number and the date of the expiration of his Professional Identification Card, and the professional Tax Receipt Number in the documents, including prescriptions, which he issues or signs in connection with or in the course of the practice of his profession.

SECTION 37.         Delinquent Optometrist to be Dropped from the Roll of Optometrists. — A registered optometrist who fails to pay his Annual Registration fees continuously for five or more years since the last payment shall be considered delinquent and shall be dropped from the Roll of Registered Optometrists in Good Standing. The name of the optometrist shall be reinstated in the Roll of Optometrists upon payment of all unpaid Annual Registration fees including penalties and surcharges and shall be issued the professional identification card. DEcTCa

SECTION 38.         Reinstatement, Reissuance or Replacement of Certificates of Registration/Professional License and Professional Identification Card.

1.         The Certificate of Registration of a registered optometrist which has been revoked for any of the causes provided in the same Act may, after the lapse of three (3) years from the day the revocation took effect, be reissued and/or a new professional identification card be issued upon filing of an application or petition for reinstatement and payment of the required fees to the Registration Division of the Commission together with the following documents:

a.         Sworn statement executed by an active and recognized practitioner in optometry of the community where the applicant resides and a sworn statement of an incumbent officer of the accredited and integrated association of optometrists duly registered with the SEC, both attesting to the fact that the applicant has comported himself in a manner befitting a professional and that he never practiced optometry during the period that his Certificate of Registration has been revoked.

b.         NBI Clearance

After the Board shall have issued a Resolution, subject to approval by the Commission, granting the said application or petition for reinstatement.

2.         A duplicate certificate of registration/professional license or professional identification Card to replace the certificate which has been lost, destroyed or mutilated may be issued to the registered optometrist upon application and payment of the required fees filed with the Registration Division of the Commission accompanied by a sworn statement of the applicant narrating the circumstance/s under which the certificate was lost, destroyed or mutilated. The certificate of registration/professional license or professional identification card which was destroyed or mutilated if still existing, shall be surrendered. EHSAaD

RULE VII

Professional Practice

SECTION 39.         Advertisement. — An optometrist in making known his services shall use only true, honest, fair, dignified, and objective information or statement of facts. An optometrist shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications. Unprofessional and unethical conduct in advertisement as used herein shall include, but are not limited, to the following acts: AICEDc

a.         Using or permitting the use of advertisement which is self-laudatory as regards performance of service, number and types of services rendered, exclusivity and/or superiority of methods of practice/treatment and instrumentation utilized;

b.         Using or permitting the use of advertisement which is deceptive and misleading;

c.         Using or permitting the use of advertisement demeaning to the profession and which tend to foster degrading and unfair competition, such as:

1.         those which contain any form of reference to fees collected from the patient, especially those which state lower fees than customary rates insofar as it concerns the cost of examination, lenses, frames, mountings or any other optometric service or procedure, article or device rendered or given to the patient;

2.         those which state in any form the rendering of free examination or other gratuitous services, bonuses, premiums, discounts, sales, prizes or any other forms of financial inducements to attract patronage;

3.         those which contain unrealistic, exaggerated and false warranties as regards to services rendered;

d.         Using or permitting the use of advertisement which is undignified, immodest and vulgar; and

e.         Directly or indirectly soliciting patients by way of:

1.         canvassing;

2.         employing solicitors, public agents, entertainers, lecturers and the like for the purpose of inviting or attracting patronage; and

3.         using groups, institutions or organizations.

SECTION 40.         Display of Certificate of Registration and Professional Identification Card. — The optometrist shall prominently display his Certificate of Registration and Professional Identification Card in a conspicuous area/portion of his clinic, office or place where optometric services are offered and rendered. SAcaDE

SECTION 41.         Practice. — The practice of optometry shall be governed by the highest standards of professionalism with the aim of promoting the visual welfare of the public and the best standards of professional care.

a.         The practice of optometry shall be conducted only in such premises used exclusively for optometric practice such as a regular clinic/office which shall:

1.         be maintained in keeping with professional standards of other practitioners in primary care and allied health professions in terms of practice location, clinical and office environment and professional attitudes; and

2.         be conducive for the exercise of independent clinical judgment and shall promote autonomy of management procedures, except in cases of multi-disciplinary management with members of allied health professions.

b.         An optometrist shall not conduct his practice by examining patients outside the regular office/clinic unless an unsolicited request is made for patients who are not ambulant, or for health reasons, or occupational, are unable to visit the optometrist's regular office/clinic;

c.         An optometrist shall not use mobile units for the purpose of examining, dispensing or selling eyeglasses or other visual aids unless with the permission and under the auspices of the concerned national or local public health officials and/or the accredited and integrated association of optometrists through its local chapter in relation to public services; and

d.         An optometrist may hold office/clinic together with members of allied health professions.

SECTION 42.         Consultant, Advisor or Staff Optometrist. — An optometrist may:

a.         be engaged as a consultant to business/industry engaged in the optical, ophthalmic manufacturing and distribution;

b.         be engaged as staff optometrist or optometric administrator by municipal, city, provincial, regional or national government offices or agencies, research organizations, educational institutions, insurance companies or licensed health facilities or hospitals; or aSACED

c.         be engaged by natural or juridical persons who are not optometrists or physicians, as stated in Sec. 5 of R.A. No. 8050, only in cases or retainerships where the optometrist serves as an in-house optometrist, consultant or the like, or only the health/technical needs of the employees of his employer and not those of patients from the general public. ADaEIH

RULE VIII

Office/Clinic of Optometrist

SECTION 43.         Instrument/Equipment. — An office/clinic maintained for the practice of optometry shall have the following instruments/equipment, but not limited to:

1.         Visual Acuity charts

2.         Trial lenses (case) and its accessories or phoroptor/refractor

3.         Ophthalmoscope and Retinoscope

4.         Ophthalmic chair

5.         Slit-lamp Biomicroscope or equivalent

6.         Dispensing tools

For contact lens practitioners, the office/clinic shall be equipped with a keratometer or equivalent in addition to the above-mentioned instruments/equipment:

For DPA-certified practitioners, the office/clinic may be equipped with the following in addition to the seven (7) above-mentioned instruments/equipment:

1.         Tonometer

2.         Visual Field Testing equipment

SECTION 44.         Office/Clinic.

a.         The optometrists shall notify the Board of the location of his office/clinic within thirty (30) days from the date of securing the premises for the purpose. Any subsequent change in location of the clinic shall likewise be reported to the Board;

b.         An office/clinic for the practice of optometry shall exclusively be used as such. It shall have a professional set-up:

1.         enclosed, definite and apart from space occupied by other commercial or mercantile concerns occupying proximate space;

2.         proper illumination and test distance;

3.         display of a valid certificate of registration;

4.         updated professional identification card; and

5.         lavatory and clean water supply.

c.         The office/clinic shall display only such certificates, diplomas, and similar documents attesting to the competence and educational qualifications earned by the optometrist. DSEaHT

RULE IX

Unlawful Practice

SECTION 45.         Unlawful Practice and Prohibited Acts. — Unlawful or prohibited practices and acts shall consist of, but shall not be limited to, the following:

a.         Giving false or forged evidence of any kind to the Board, or to any member thereof for the purpose of obtaining a certificate of registration and/or Professional Identification Card;

b.         Assumption, use or advertisement by a person, not holding a valid certificate of registration and a valid professional identification card in accordance with R.A. No. 8050, of a description, in connection with his name or title, tending to convey the impression that he is a duly registered optometrist;

c.         Any form of advertisement in media outlets giving information and impression to the public that the particular optometrist is better than the others, is collecting lower professional fees or selling cheaper frames or lenses;

d.         The use of diagnostic pharmaceutical agents by a non-DPA-certified optometrist, untrained optometrist, in violation of Section 31 of R.A. 8050, whether or not such use results in injury to the patient;

e.         The use by any optometrist of pharmaceutical agents other than those which he is authorized to use;

f.         Engaging in the unauthorized practice of optometry as defined in Section 5 of R.A. No. 8050 and by performing any of the acts constituting the practice of optometry as set forth in Section 4 of the same Act without having been first admitted to the practice of the profession pursuant to the provisions of the same Act and its implementing rules and regulations; Provided, that this prohibition shall not apply to those persons other than optometrists allowed limited performance of acts constituting practice of optometry as provided in Section 35, Rule VI, hereof;

g.         Natural persons who are not registered nor licensed optometrists nor certified ophthalmologists nor juridical persons engaging directly or indirectly in the practice of optometry as set forth in Section 5 of R.A. No. 8050. cSCTEH

h.         An optometrist or a Doctor of Optometry who aids or abets any natural or juridical person in such unlawful practice of optometry. Any optometrist found guilty of such violation shall be liable for either the revocation or suspension of his/her certificate of registration and for criminal liability;

i.         Optometrists hiring or engaging the services of non-optometrists to directly or indirectly perform the acts of an optometrist as set forth in section 5 of R.A. No. 8050;

j.         Accepting employment or associating himself with an optometrist whose certificate of registration has been suspended or has been revoked during the period of such suspension or revocation. An optometrist who was previously associated with such erring practitioner, if he wishes to continue his practice, should dissociate himself from erring practitioner during the period of suspension or revocation of the latter's certificate of registration, as the case may be; HITAEC

k.         Prescribing and endorsing doubtful products other than those approved by the Bureau of Food and Drugs (BFAD) and Department of Trade and Industry (DTI);

l.         Entering into contracts of whatever kind or nature with his/her patients or third parties which will compromise the optometrist's professional judgment/diagnosis or which will tend to prevent the patient from obtaining the treatment or services due or from obtaining redress for gross negligence on the part of the optometrist resulting in injury to the patient;

m.         Engaging in unethical or illegal practice or conduct which fails to conform to the accepted and prevailing standards of optometric practice or which violates national laws;

n.         Violation by any person, whether natural or juridical, of any of the provisions of R.A. No. 8050 and this implementing rules and regulations;

o.         Non-display of PRC certificate of registration or the display of false or use or forged certificate of registration or professional identification card.

p.         Establishment or ownership of an optical clinic by foreigners, optical suppliers or ophthalmic technicians, pursuant to Sec. 4 (e) of R.A. No. 8050.

SECTION 46.         Professional Conduct.

a.         Registered optometrists shall adhere to the standards of professional conduct which are generally accepted by the profession of optometry in the Philippines.

b.         The standards of professional conduct for registered optometrists are higher than, and shall not be placed on the same level as, the standards of practice in the market place. THIECD

RULE X

Administrative Investigations

SECTION 47.         Grounds for Disciplinary Action against Optometrists. — A registered optometrist may be proceeded against administratively upon the following grounds or causes:

a.         Unprofessional or unethical conduct,

b.         Malpractice,

c.         Violation of any of the provisions of R.A. No. 8050,

d.         Violation of any rules and regulations promulgated by the Board,

e.         Conviction in a final judgment of a crime involving moral turpitude,

f.         Immoral or dishonorable conduct,

g.         Unauthorized practice of optometry as defined in Section 5 of R.A. No. 8050,

h.         Committing any of the acts declared as prohibited under Section 32 of R.A. No. 8050,

i.         Serious ignorance, gross negligence, gross incompetency,

j.         Chronic inebriety or habitual use of drugs, or

k.         Declaration by a competent court of being mentally unsound or insane.

SECTION 48.         Administrative Investigations. — The Board shall be assisted by the Legal and Investigation Division/Office of Legal Affairs of the Commission in conducting hearings/investigations of an administrative case brought against an optometrist for any of the causes enumerated in the preceding Section. Where the issue involved strictly concerns the practice of the profession, the hearing shall be presided by at least a member of the Board concerned assisted by a hearing/legal officer of the Commission.

The filing of administrative cases against erring optometrists and their consideration, the conduct of the investigation of said cases, execution of decisions and relief from decisions, orders or proceedings shall be governed by Res. No. 06-342 (A), Series of 2006. The provisions of the Revised Rules of Court including its amendments insofar as pertinent shall be suppletory to the foregoing Resolution. IcADSE

SECTION 49.         Votes Required in Administrative Cases. — The vote of three (3) members of the Board shall be necessary to render a decision in an administrative case filed against an erring optometrist.

SECTION 50.         Finality of the Board's Decision. — The decision of the Board in an administrative case shall become final and executory after fifteen (15) days from receipt of notice of judgment/decision unless appealed to the Commission.

RULE XI

Records

SECTION 51.         Patient's Records.

a.         An optometrist shall use professional judgment to determine what optometric procedures or services are to be rendered to his patients;

b.         An optometrist shall keep a record of patient's data, findings, results of examination, and actual services for a minimum of five (5) years after the last consultation; and

c.         An optometrist's certificate of registration number and professional tax receipt number and the expiry date of his professional identification card shall appear on the prescription written, signed and issued by that optometrist.

RULE XII

Continuing Professional Education

SECTION 52.(a) This section shall apply to all optometrists registered with the Board and the Commission.

(b)         Registered optometrists who reached the age of 65 years are permanently exempted from CPE requirements.

(c)         Registered optometrists who are working or practicing their professions or furthering their studies abroad are temporarily exempted from CPE requirements only for the duration of their stay abroad. They shall submit proof of their stay abroad. ITADaE

SECTION 53.         Continuing Professional Education (CPE) Units Requirements.

a.         For the renewal of his/her professional identification card, an optometrist is required, during the three (3)-year period preceding the expiry date thereof, to submit documentary proof that he/she has earned a minimum of 60 units of CPE.

b.         The Board may waive CPE requirements for certified prolonged illness or for any cogent or compelling reason/s as it may determine. Waiver of such requirement may, in case of prolonged illness, be granted upon notice in writing to the Board accompanied by a physician's certificate of prolonged illness and, in the case of cogent or compelling reasons, upon notice in writing to the Board accompanied by a sworn statement stating the cogent or compelling reason/s. aTDcAH

The waiver is automatically lifted as soon as the reason/s for the grant of such waiver ceased to exist.

SECTION 54.         Continuing Professional Education Subject Matter. — Programs, activities or sources of continuing professional education shall be limited to the use of means or methods of examination, diagnosis and treatment of conditions of the human visual system which may include examination for, adapting to and fitting of all types of lenses. The Continuing Professional Education Council shall not accredit programs, activities or sources which do not relate to the actual practice of optometry such as programs in office management and financial procedures not directly used in optometric practice. Topics shall include not only technical aspects of the practice of the profession but also those that relate to the maintenance of the provision of good moral character and moral core values.

SECTION 55.         Accreditation of Continuing Professional Education Provider. — Any natural or juridical person may be accredited as CPE provider.

a.         Requirements for natural person

Any person seeking to offer an organized or arranged program, activity or source shall submit to the CPE Council an application duly accomplished and under oath containing but not limited to the following data/information:

1.         Full name, mailing address, telephone and fax numbers of applicant provider

2.         Relevant educational qualifications

3.         Profession, principal area of professional work/practice and number of years of practice of the profession

4.         Certificate of Registration number and expiry date of professional identification card

5.         Current employment, if any

6.         Submit a current NBI clearance

b.          Requirements for juridical persons

            Any organization, institution, association, agency or entity seeking to offer an organized program, activity or source shall submit an application duly accomplished and under oath to the CPE Council containing, but not limited to the following data/information: AaHcIT

1.         Full name, office/mailing address, telephone and fax numbers of applicant provider

2.         Registration documents/papers, e.g., SEC Certificate of Registration, DTI Permit

3.         List of officers

c.         All applicants shall include in the application to be submitted to the CPE Council:

1.         a mechanism for measuring the quality of the program, activity or source being offered and

2.         criteria for selecting and evaluating speakers, resource persons, panelists, reactors, moderators, discussion leaders, lecturers or facilitators.

SECTION 56.         Continuing Professional Education (CPE) Program/Activity Accreditation.

a.         A CPE provider seeking accreditation of an organized or arranged program, activity or source shall submit to the CPE Council three (3) copies of such program, activity or source for evaluation. The program, activity or source shall cover a period not to exceed three (3) years.

b.         The application for accreditation of a CPE program, activity or source shall contain the following data/information: aSTECA

1.         Title/s of program/s, activity/ies, source/s

2.         Name of CPE provider, Registration Number, mailing address, phone and fax numbers of provider

3.         Schedule of activities, the administration of CPE program/s, activity/ies, source/s indicating dates, name of administration

4.         Objectives

5.         Targeted audience or participants

6.         Contents and number of hours

7.         Names and qualifications of resource speakers, lecturers, discussion leaders, panelists, reactors, moderators and facilitators

8.         Printed program showing schedule of activities

9.         Seminar, workshop, symposium, convention or conference fee to be collected

10.         Number of credit hours or units requested CTEaDc

11.         Evaluation to be used should be the following modes or systems:

a.         Evaluation of seminar by participants

b.         Evaluation of participants by CPE providers

c.         Other acceptable methods of evaluation of seminar and participants

c.         If, upon evaluation, the CPE program, activity or source is relevant to the profession, the CPE Council shall issue a certificate of accreditation within thirty (30) days from receipt of the application.

SECTION 57.         Report/s on the Administration/Conduct of the CPE Program, Activity, Source. — Within ten (10) days from the last day of the administration/conduct of an accredited CPE program, activity or source, the CPE provider shall submit a report, which shall be under oath, to the CPE Council which shall contain but not limited to the following data/information:

a.         Name of the CPE provider

b.         Title and/or Description of CPE program or activity

c.         Accreditation Numbers of Provider and CPE Program, Activity or Source and dates of issuance of such accreditations

d.       Certified list of participants indicating names and certificate of registration numbers; name of resource speakers, lecturers, discussion leaders, panelists, moderators and/or facilitators who actually performed/participated in their assigned tasks in the program or activity

e.         Number of days, dates, time/s started, time/s of adjournment of the holding of the CPE program, activity or source

f.         Venue or location of the holding/administration of program, activity or source

g.         Number of hours devoted to lecture and open forum by resource speakers, lecturers, etc.

h.         Summary of evaluation results of participants

i.         Attendance sheet showing the venue and signature of Commission Secretariat representative assigned to monitor the CPE activities done during the holding of the program, activity or source. EaHDcS

SECTION 58.         Standards for Continuing Professional Education Providers.

Applicants for accreditation as provider shall, prior to the approval of the application, be required to comply with the following:

a.         Submit to the CPE Council documents to prove that the applicant, if a juridical entity, is a duly SEC registered organization, firm, institution, agency or entity and in the case of a natural person, he should show proof that he is a professional in good standing and has never been convicted of a crime. CTDacA

b.         Submit to the CPE Council proof of possession/ownership of adequate, modern and updated instructional materials to carry out the CPE programs, activities and sources.

c.         Submit to the CPE Council list of proposed resource speakers, lecturers, panelists, reactors and/or facilitators with their respective bio-data, indicating their area/field of expertise.

SECTION 59.         Other Sources of Continuing Professional Education Units/Hours. — The following may be availed of as source of CPE credit units:

a.         Attendance in clinical conferences, clinical rounds or training under preceptor in clinical hospitals, medical centers, schools, colleges and universities which may be approved by the CPE Council at the rate of 1 credit unit per one hour of attendance.

b.         Service as preceptor, lecturer, speaker, resource person, panelist, reactor and/or facilitator in accredited CPE programs, activities or sources administered by accredited provider at the rate of 1.5 credit units per hour of participation including time used in open forum.

SECTION 60.         Retention of CPE Records.

a.         All records, papers and documents generated by virtue of the administration/conduct of CPE programs/activities shall be maintained/retained by the provider for a period of six (6) years after completion of program, activity or source.

b.         The records, papers and documents maintained/retained by the provider shall be made available upon request of the Council, Board or Commission.

c.         The provider shall give to each registrant/participant certification or documentary evidence of attendance and satisfactory completion of the program, activity or source. cDTACE

SECTION 61.         Falsification of Information. — Falsification of information required under Rule XII may result in the withdrawal of accreditation of CPE programs or as CPE providers or in the suspension or revocation of the certification of accreditation therefor of the CPE providers.

RULE XIII

Penal Provisions

SECTION 62.         Penal Provisions. — Commission of any of the unlawful practice and prohibited acts shall be punished with imprisonment of not less than one (1) year but not more than eight (8) years, or a fine of not less than ten thousand pesos (P10,000.00) but not more than forty thousand pesos (P40,000.00), or both, at the discretion of the court. DHESca

In addition, the administrative penalties specified in Section 26 of R.A. No. 8050 shall be imposed whenever applicable to partnership, corporation or any other institution or person.

If the violation is committed by an association, partnership, corporation or any other institution, the managing officers and other persons shall be liable for the penalties provided for in the Act.

RULE XIV

Miscellaneous Provisions

SECTION 63.         Declaration of State Policy. — The State recognizes the essential role of optometry as a profession in safeguarding and enhancing the health and general well-being of the citizenry. Optometric services shall therefore be promoted as a regular component of the primary health care system.

SECTION 64.         Report of the Result of the Examination. — The Board shall report the ratings obtained by each candidate to the Commission within sixty (60) days after the last examination day, unless extended by the Commission. The Commission shall cause the publication of the names of successful candidates in alphabetical order, without the ratings obtained by each, within sixty (60) days of the date the Commission receives the aforementioned report from the Board.

SECTION 65.         The Technical Panel on Optometric Education. — To attain the objective of upgrading optometric education in the Philippines, the Commission on Higher Education, pursuant to Section 12 of Republic Act No. 7722 shall, within sixty (60) days after the approval of R.A. No. 8050, convene and organize a technical panel on optometric education. For this purpose, a representative from the Board, senior practitioners, specialists, academicians in the field of optometry and a representative from the accredited national organization of optometrists shall be appointed and tapped to assist in the following: aDcHIS

a.         Setting a minimum standard curriculum for the study of optometry to be implemented in all schools offering optometry as an undergraduate course and degree;

b.         Establishing teaching standards, including the qualifications of members of the faculty of schools and colleges of optometry;

c.         Monitoring the progress of the program on the study of optometry and undertaking measures for the attainment of a high quality of optometric education in the country; and SAHEIc

d.         Evaluating periodically the performance of educational institutions offering optometric education for the purpose of granting accreditation and incentives as well as for the imposition of sanctions when warranted.

SECTION 66.         Foreign Reciprocity. — No foreigner shall be admitted to the optometric board examinations unless he proves in the manner prescribed by the Rules of Court that by specific provision of law, the country of which he is a citizen, subject or national, either admits Filipino citizens to the practice of optometry without restriction, or allows them to practice optometry after an examination on terms of strict and absolute equality with citizens, subjects or nationals of said country, including the unconditional recognition of prerequisite degrees prescribed by the Commission on Higher Education; Provided, however, That the Board, upon approval by the PRC, may grant a special permit to a foreign optometrist to practice the profession in this country whether or not reciprocity exists between his country and the Philippines and under such conditions as may be determined by the Board, if such foreigner is internationally known to be an outstanding expert in the profession or a well-known specialist in any of its branches, and that his services will promote the advancement of the profession in the Philippines. The Board is also hereby authorized to prescribe, upon approval by the Commission, additional requirements or grant certain privileges to foreigner seeking registration in the Philippines if the same privileges are granted to or some additional requirements are required of citizens of the Philippines in acquiring the same certificate in his country.

SECTION 67.         Integration of Optometrists. — In order for every optometrist to contribute to his profession and to bear his share of professional responsibilities, all optometrists shall be encouraged to join and be integrated into one national organization which shall be recognized by the Board and the Commission. Every optometrist, upon registration with the Board, may become a member of the integrated national organization.

SECTION 68.         Purposes. — The integrated national organization of optometrists shall promulgate the Code of Ethics for the practice of the profession, define the professional responsibilities of its members, ensure adherence to said professional ethics and responsibilities, improve the standards of the profession and enable all optometrists to discharge their public responsibility more effectively. 

SECTION 69.         Membership Fees and Dues. — All members shall be subject to the payment of reasonable fees and dues for the effective discharge of the purposes of the integrated national organization. An optometrist shall receive the benefits and privileges appurtenant to his membership only upon payment of the required membership fees and dues.

SECTION 70.         Other Organizations. — The integration of optometrists into one national organization shall not prohibit the creation of other associations of optometrists organized by individual optometrists themselves. CTSAaH

SECTION 71.         Code of Professional Ethics. — The Board shall adopt the Professional Code of Ethics promulgated by the integrated national organization of optometrists. Provided, That such Code provides that it is the duty of an optometrist to:

a.         Consider as his primary responsibility the visual welfare of the public;

b.         Promote the best possible standards of professional care;

c.         Enhance continuously his theoretical and practical proficiency;

d.         Render his services with equal diligence to all, regardless of race, creed or status;

e.         Respect the confidential nature of information concerning those he serves; and THCASc

f.         Refer for medical or other professional attention where the need is indicated.

The Board shall also distribute the Code of Ethics of the Optometric Profession in the Philippines to all optometrists during their oathtaking.

Any act or omission which violates this Code shall be considered as unethical conduct and shall be suspended or prohibited from the practice of optometry, in accordance with Section 26 of R.A. No. 8050.

SECTION 72.         Rules and Regulations. — The Board shall set professional standards for the practice of optometry in the Philippines and adopt this rules and regulations to carry out or implement the provisions of R.A. No. 8050, subject to the approval of the Commission. Such standards, rules and regulations shall take effect thirty (30) days after its full and complete publication in the Official Gazette or any newspaper of general circulation in the Philippines.

RULE XV

Final Provisions

SECTION 73.         Separability Clause. — If any section or provision of this Resolution or "RR", the application of such sections or provisions to any person or circumstance is declared unconstitutional null and void, or not valid, no other section or provision thereof shall be affected thereby.

SECTION 74.         Repealing Clause. — All orders, resolutions, guidelines, rules and regulations or portion thereof which are inconsistent herewith are hereby repealed or modified accordingly. Board Resolution No. 03, Series of 1997 and Board Resolution No. 01-A, Series of 2004 are hereby expressly repealed.

SECTION 75.         Effectivity Clause. — This resolution shall take effect thirty (30) days after its full and complete publication in the Official Gazette or any newspaper of general circulation in the Philippines. DICcTa

Done in the City of Manila, Philippines on this 14th day of March 2008.

(SGD.) ANITA S. VILLARTAChairman

(SGD.) DIVINIA LOURDES R. REYESMember

(SGD.) TERESITA H. MARCAIDAMember

ATTESTED BY:

(SGD.) CARLOS G. ALMELORSecretary

APPROVED:

(SGD.) LEONOR TRIPON-ROSEROChairperson

(SGD.) RUTH RAÑA PADILLACommissioner

(SGD.) NILO L. ROSASCommissioner

Rules and Regulations Implementing R.A. No. 8050 | LegalDex AI