Investigate a syndicate that facilitates the entry and employment of foreign doctors who practice medicine as medical consultants in hospitals in the Philippines without the necessary permit to do so.
The presence of these foreign medical practitioners working in local hospitals without permit, Sen. Richard Gordon said on Saturday, was in violation of the reciprocity requirement under RA 2382, or “The Medical Act of 1959,” and Republic Act 8981, or the “PRC (Professional Regulatory Commission) Modernization Act of 2000.”
Gordon, chairman of the Senate blue ribbon committee, made the call after bumping into the scheme employed by a syndicate right at the James L. Gordon Memorial Hospital, a government hospital in Olongapo City, wherein several doctors of Pakistani or Nepalese citizenship have been practicing as medical consultants.
“I am concerned because they are allowed to deal with patients on a one-on-one basis, they prescribe medicines. The patients hardly understand them. Marami na ‘kong natanggap na reklamo tungkol dito na nakumpirma namin (I have received several complains about this and we have confirmed it). Are they supervised by Filipino doctors? Are they even allowed to practice medicine here?” he said.
He noted that the Philippines only has reciprocity agreements with Japan, Spain and the United States, including Asean mutual recognition arrangements.
“Una, Chinese workers ang kumukumpetensya sa mga workers natin, ngayon mga doktor naman. Dapat matigil ito (First, Chinese workers are competing with our workers, now, doctors. This has to stop) because this concerns the health and well-being of the public and I fear that this is being practiced not just in Olongapo but in other areas too,” Gordon said.
The senator pointed out that under Section 7 (j) of RA 8981, the PRC was empowered “to approve the registration of and authorize the issuance of a certificate of registration/license and professional identification card…to a foreigner who is registered under the laws of his state or country and whose certificate of registration issued therein has not been suspended or revoked: Provided, that, the requirements for the registration or licensing in said foreign state or country are substantially the same as those required and contemplated by the laws of the Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and grant the same privileges as those enjoyed by the subjects or citizens of such foreign state or country…”
The same provision also allows the PRC to authorize the issuance of a certificate of registration/license or a special temporary permit to foreign professionals who desire to practice their professions in the country under reciprocity and other international agreements; and consultants in foreign-funded joint venture or foreign-assisted projects of the government, employees of Philippine or foreign private firms or institutions pursuant to law or health professionals engaged in humanitarian mission for a limited period of time.
Gordon, however, said the agencies, organizations or individuals, whether public or private, who secure the services of a foreign professional authorized by law to practice in the Philippines for reasons aforementioned, should be responsible for securing a special permit from the PRC and the Department of Labor and Employment, pursuant to PRC and Department of Labor and Employment rules.
Among others, the law also empowers the PRC to file a criminal complaint against the head of the government agency or officers of the said private entity/institution, who shall be liable under the penalty provided for in the concerned professional regulatory law or the penalty imposed pursuant to RA 8991, when the professional was hired and allowed to practice his/her profession without permit; and to file, upon due process, a request for deportation with the Bureau of Immigration, he added.