1.2 Republic Act 10657 (Chemistry Profession Act) and Professional Ethics

1.2 Republic Act 10657 (Chemistry Profession Act) and Professional Ethics

Quick Answer: Republic Act No. 10657, the Chemistry Profession Act (approved March 27, 2015), repealed RA 754 and now governs chemists and chemical technicians. Only registered chemists may certify chemical analyses, and the head of a chemical laboratory must be a registered chemist. Chemical technicians work under a registered chemist's supervision and sign the reports of analyses they perform. Laboratories need a certificate of authority to operate (Sec. 35). Illegal practice, and operating without authority, are punishable by imprisonment of one month to one year, a fine of Php 100,000 to Php 1,000,000, or both (Secs. 38–39).

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From RA 754 to RA 10657

RA 754, the Chemistry Law of the Philippines, created the Board of Examiners for Chemists in 1952. RA 10657 was approved on March 27, 2015 and took effect 15 days after publication (Sec. 51). Section 50 repealed RA 754 and inconsistent rules. The transitory provisions protected existing practitioners:

• Sec. 44 (vested rights): Chemists and chemical technicians registered under RA 754 were automatically considered registered and kept their registration numbers.
• Sec. 45 (seal): Registered chemists had three years from effectivity to obtain the official "Registered Chemist" seal.
• Sec. 46 (grace period): Individuals and institutions had three years to comply. Faculty already teaching professional chemistry subjects had to meet conditions such as 60 units of chemistry and at least three years of satisfactory teaching.

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Key Definitions (Sec. 3)

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Scope of Practice

Registered Chemists (Sec. 4)

Section 4 lists eleven activities, (a) through (k), as functions of registered chemists:

The Board, with Commission approval, may revise this list as the profession changes.

Chemical Technicians (Sec. 5)

The practice of chemical analysis covers physico-chemical or biochemical analysis, chemical or biochemical synthesis, and the sale of chemicals and equipment, provided these are done under the supervision of a registered chemist. Any report of an analysis or synthesis must be signed by, and bear the license number of, the chemical technician who performed it.

Chemist vs. Chemical Technician at a Glance

Section 40 ties these rules together: a document related to the practice of chemistry is official or admissible for legal purposes only if it is signed by a registered chemist with the registration number affixed. A chemical technician who performs a test together with a registered chemist also signs the report and affixes a registration number and seal.

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The Professional Regulatory Board of Chemistry (Secs. 6–12)

• Composition (Sec. 6): A Chairperson and two members under the PRC's administrative control and supervision. The President appoints them from three recommendees per position ranked by the Commission, chosen from five nominees per position submitted by the accredited professional organization (APO).
• Qualifications (Sec. 8): Philippine citizen and resident; good moral character and sound mind; at least a master's degree in chemistry from a CHED-recognized or reputable foreign institution; registered chemist with at least 10 years of active practice; no pecuniary interest in, and not faculty or administration of, a school offering the degree or licensure review; APO member in good standing but not an APO officer or trustee; no conviction for an offense involving moral turpitude.
• Term (Sec. 9): Three years, renewable once, with no more than two terms or six years.

Powers and Duties (Sec. 7)

The Board supervises and regulates the practice of chemistry. It:

1. Sets requirements for registration and renewal of chemists and chemical technicians.
2. Prescribes exam subjects, syllabi, and relative weights; constructs test questions; and submits results to the Commission.
3. Issues certificates of registration together with the Commission.
4. Oversees the Continuing Professional Development (CPD) program.
5. Determines, with the APO, industry, and government agencies, the requirements for chemistry laboratories, and issues the certificate of authority to operate together with the Commission.
6. Conducts on-site inspections of chemistry laboratories and other entities practising chemistry.
7. Adopts the Code of Ethics and the Code of Good Governance.
8. Issues subpoenas ad testificandum and duces tecum in administrative cases.
9. Hears and decides administrative cases against chemists, chemical technicians, and laboratory owners and administrators. Decisions may be appealed to the Commission within 15 days of notice.
10. Administers oaths and adopts the implementing rules and regulations.

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Registration, Seals, and Special Cases

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Chemical Laboratories (Secs. 35–37)

Only firms, corporations, and government agencies authorized by the Board and holding a valid certificate may operate a chemical laboratory or practise chemistry or chemical analysis. The chemical work must be done only by registered chemists or registered chemical technicians with valid certificates and IDs. The person charged with managing the firm or agency is personally liable for violations (Sec. 35).

Section 36 leaves the detailed requirements for the certificate of authority to Board resolutions issued in consultation with the APO and other entities. Expect them to address qualified personnel, facilities, safety, and records, but cite the current Board resolution rather than a memorized list. The Commission keeps a roster of chemical laboratories (Sec. 37).

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CPD, the APO, and Professional Ethics

• CPD (Sec. 31): The Board prescribes CPD guidelines subject to Commission approval and creates a CPD Council chaired by a Board member, with one member from the APO and one from the academe. CPD also operates under the general framework of RA 10912, the Continuing Professional Development Act of 2016.
• APO (Sec. 30): Registered chemists keep regular membership, and chemical technicians keep associate membership, in the accredited professional organization. The Integrated Chemists of the Philippines (ICP) serves as that organization. Membership does not bar joining other associations.
• Ethics: The Board adopts the Code of Ethics under Sec. 7(i), and PRC posts it on the Board of Chemistry page. Section 29 shows what the law treats as serious professional misconduct. In practice, ethical chemistry means:
  • Data integrity: Never report a result that was not measured, and never alter or selectively drop data without a documented, statistically justified reason. A signature on a certificate of analysis carries legal weight under Sec. 40.
  • Competence: Accept only work you are qualified and equipped to do; gross incompetence is a ground for revocation.
  • Honesty with clients and regulators: No misrepresentation of methods, results, or qualifications.
  • Safety and the public interest: Section 2 declares chemistry vital to public safety, the economy, and the environment, and Section 4(k) makes chemical safety and waste management part of chemical practice.

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Penalties (Secs. 38–39)

Section 38 forbids practising chemistry or chemical analysis without a valid certificate of registration and ID. It covers anyone who:

1. Practises chemistry without a valid certificate of registration, valid ID, or valid temporary or special permit;
2. Uses, or attempts to use, the certificate, license number, or seal of another person, or impersonates a registered chemist or chemical technician;
3. Abets illegal practice by an unregistered or unauthorized person;
4. Gives the Board or the Commission false information or documents to obtain registration; or
5. Impersonates a registered chemist or a holder of a temporary or special permit.

Section 39 forbids any chemical laboratory or firm from carrying out activities covered by the Act without a valid authority to operate. The president or highest-ranking officer of the corporation is liable.

For both sections, the penalty on conviction is imprisonment of not less than one month nor more than one year, a fine of Php 100,000 to Php 1,000,000, or both, at the court's discretion. These criminal penalties are separate from administrative sanctions such as suspension or revocation under Sec. 29.