Legal and Regulatory Aspects Flashcards
What is RA. 5680
Philippine Physical Therapist and Occupational Therapist Law
Philippine Physical Therapist and Occupational Therapist Law
RA. 5680
RA. 5680 was approved on
June 21, 1969
Current Board (June 2024)
Chairman: Eduardo R. Peregrino, Jr ● Members:
○ Raul G. Agustin
○ Bernadette M. Reyes
○ Delia R. Pabalan
○ Rolland Lyle D. Duque
Qualifications of Board Members:
citizen and resident of the PH for at least 5 years
● chairman: must be at least 35 y.o; member: must be at least 30 y.o
● good moral character
● chairman should be physiatrist (chairman)
● degree and at least 5 years work experience
● not a member of any school, college, or univ
○ to avoid any bias
Day 1 Licensure Exam
Day 1: AM - Anatomy, Physiology, Kinesiology, Neuroanatomy topics (200 items)
Day 1: PM - Medical Surgical Conditions (most difficult, 200 items)
Day 2 Licensure Exam
Day 2: AM - PT Applications (including ethics, research, organization administration
leadership, intervention)
RA 5680 and its Amendment
18th congress (2021-2022)
HB 8452 PPTA President
Michael Gabilo
HB 8452 PPTA Director
Arthur King and Donald Manlapaz
Board exam requirements for RA 5680
Filipino citizen
Foreigner, must prove that the country of which he is a subject of citizen permits Filipino PT/OT to practice within its territorial jurisdiction on the same basis as the subjects or citizens of such country
At Least 21 years old
Good health and good moral character
● good health can be discriminative
Finished standard high school course or its equivalent
Received a degree
Finishes 9 months of clinical internship
Board exam requirements HB 8452
Filipino citizen
Foreigner whose country of origin has a formal reciprocity agreement with PH
Good moral character BSPT graduate
RA 10912
Continuing Professional Development (CPD) Act of 2016
PT are required to have how many units
45 units upon renewal of license, except for those having their 1st renewal (2-12 units per seminar)
Oath of undertaking
may be signed if units acquired are less than 45 units, the remaining number of units will be added to another 45 units required on the next renewal date
Challenges with CPD Law
challenges in the quality of CPD
work related challenges
personal challenges
financial challenges
Article 12:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation.
Non-Maleficence: Patients right to privacy
health information is valuable and its unauthorized use for disclosaure may put a patient
individual whose personal information is processed.
Data Subject
Basic info to identify the identity of an individual that is apparent
(i.e) pictures
Personal Information
race, color, genetic information, ethnic origin, religious, philosophical or political affiliation, sexual life, marital status, health, proceeding for any offense, age, education, social security numbers, health records, tax returns, information
Sensitive Personal Information
Any, and all forms of data which under the rules of court and other pertinent laws constitute privileged communication
Privileged Information
any operation that was applied to your information
collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, destruction of data
Processing
a person or organization who controls the processing, holding, and processing of data or information
i.e. when you logged in facebook, facebook will be your personal information controller
Personal Information Controller
● freely give, specific, informed indication of will
● the person agrees to the collection and processing of his personal information
Consent of Data
SECTION 4: Scope
Applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing
In other words, anyone or any organization that collects, uses, or handles personal information is required to follow the rules of the law, no matter the type of data or who they are.
Exceptions of Data Privacy
Someone who works for a government agency
Someone doing work for the government through a contract
Financial benefits like licenses or permits provided by the government to individuals
Personal information used for journalism, art, literature, or research
Information needed to perform government duties
Information needed by banks or financial institutions
Personal information collected from people living in other countries
SECTION 5: Protection afforded to journalists and their sources:
being compelled to reveal the source of any news report
Transparency
the data subject must be aware of the nature, purpose, and extent of the
processing
○ WHAT, HOW
Legitimate Purpose
processing of information shall be compatible with a declared and specified purpose
○ WHYs
Proportionality
personal information must be adequate, relevant, suitable, necessary, and not
excessive
Criteria for Lawful Processing of Personal Information:
the subject has given his consent
● processing is necessary and is related to the fulfillment of a contract
● process with a legal obligation
● protect vitally important interests, including life and health
● respond to national emergency, public order, and safety
● purposes for legitimate purposes
Rights of Data Subject: Right to Information
be informed about personal information
○ purpose
○ methods
○ processing
○ contact details
○ scope and method
○ storing of information
○ recipients
○ existence of their rights
Right to Object
made to the data subjects on these matters shall not be amended without prior notification of the data subject
● Exceptions:
○ subpoena
○ obvious purposes, relation to a contract
Right to Access
has right to reasonable access to:
○ consent
○ sources
○ names and addresses of recipients
○ processing
○ reason for the disclosure
○ automated processes where the data will or likely to be made as the sole basis
for any decision which will affect the data subjects
○ date when his or her personal information concerning the data subject were last
accessed and modified
○ designation, name, identity, and address of the personal information controller
Right to Rectification
dispute the inaccuracy or error in the personal information and have the personal information controller correct it immediately
● right to correct the information
Right to Erasure/Blocking
Suspend, withdraw or order the blocking, removal, or destruction of the information
Right to Damages
Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained of unauthorized use of personal information
Right to File a Complaint
Right to lodge a complaint before the commission
Right to Data Portability
goes hand in hand with right to access
● Where personal information is processed by electronic means and in a structured and commonly used format
● To obtain from the personal information controller a copy of data undergoing processing in an electronic or structured format (pen and paper informations to E-data)
Transmissibility of Rights of the Data Subject
lawful heirs and assigns of the data subject
● after the death of the data subject or when the data subject is incapacitated or incapable
What is RA 10175
Cybercrime Law
Acts punishable by cybercrime law:
offense against the confidentiality, integrity, and availability of computer data and systems
● computer-related offenses ○ ex. hacking
● content-related offenses
○ ex. child pornography
